Colorado Mental Health Jurisprudence Exam/43
Questions and Answers
Disclosure of Confidential Information - -A licensee, registrant, or certificate
holder shall not disclose, without the consent of the client, any
confidential communications made by the client, or advice given to the
client, in the course of professional employment. A licensee's, registrant's, or
certificate holder's employee or associate, whether clerical or professional,
shall not disclose any knowledge of the communications acquired in that
capacity. Any person who has participated in any therapy conducted under
the supervision of a licensee, registrant, or certificate holder, including group
therapy sessions, shall not disclose any knowledge gained during the course
of the therapy without the consent of the person to whom the knowledge
relates.
-A person may disclose confidential information when a client or the heirs,
executors, or administrators of a client... - -...file suit or a complaint against
a licensee, registrant, or certificate holder on any cause of action arising out
of or connected with the care or treatment of the client by the licensee,
registrant, or certificate holder
-A person may disclose confidential information when a licensee, registrant,
or certificate holder... - -...was in consultation with a physician, registered
professional nurse, licensee, registrant, or certificate holder against whom a
suit or complaint was filed based on the case out of which the suit or
complaint arises
-A person may disclose confidential information when... - -...a review of
services of a licensee, registrant, or certificate holder
-A review of services can be determined by a board or a person or group... -
-...authorized by the board to make an investigation on its behalf
-A review of services can be determined by ________________(1) where the
licensee, registrant, or certificate holder practices or the medical staff
____________________(2) - -(1) The governing board of a hospital licensed
pursuant to part 1 of article 3 of title 25; (2) of the hospital if the medical
staff operates pursuant to written bylaws approved by the governing board
of the hospital
-A review of services can be determined by __________________ if the person
has signed a release authorizing the review - -A professional review
committee established pursuant to section 12-245-212 (1)
, -A person may disclose confidential information when _________________ a
school or the occupants of a school. - -A client, regardless of age, makes an
articulable and significant threat against
-A person may disclose confidential information when a client, regardless of
age, exhibits behaviors that, in the reasonable judgment of the licensee,
registrant, or certificate holder... - -....create an articulable and significant
threat to the health or safety of students, teachers, administrators, or other
school personnel.
-A licensee, registrant, or certificate holder who discloses information under
this subsection (2)(d)...
hint: (2)(d) = disclosing information from a client, regardless of age. -
-...shall limit the disclosure to appropriate school or school district personnel
and law enforcement agencies. School or school district personnel to whom
the information is disclosed shall maintain confidentiality of the disclosed
information, regardless of whether the information constitutes an education
record subject to FERPA, consistent with the requirements of FERPA and
regulations and applicable guidelines adopted under FERPA, but may
disclose
information in accordance with section 1232g (b)(1) of FERPA and 34 CFR
99.36 if necessary to protect the health or safety of students or other
persons.
-A licensee, registrant, or certificate holder who discloses or fails to disclose
a confidential communication... - -...with a client in accordance with this
subsection (2)(d) (A client regardless of age) is not liable for damages in any
civil action for disclosing or not disclosing the communication. This
subsection (2)(d)(III) does not rescind any statutory duty to warn and protect
specified in, and does not eliminate any potential civil liability for failure to
comply with, section 13-21-117.
-Subsection (2)(d) does not apply to...
hint: (2)(d) = disclosing information from a client, regardless of age. - -...an
education record that, under FERPA, is exempt from the HIPAA privacy rule.
-Subsection (2)(d) applies to covered entities, as defined in HIPAA as...
hint: (2)(d) = disclosing information from a client, regardless of age. -
-"Articulable and significant threat" means a threat to the health or safety of
a person that, based on the totality of the circumstances, can be explained
or articulated and that constitutes a threat of substantial bodily harm to a
person.
Questions and Answers
Disclosure of Confidential Information - -A licensee, registrant, or certificate
holder shall not disclose, without the consent of the client, any
confidential communications made by the client, or advice given to the
client, in the course of professional employment. A licensee's, registrant's, or
certificate holder's employee or associate, whether clerical or professional,
shall not disclose any knowledge of the communications acquired in that
capacity. Any person who has participated in any therapy conducted under
the supervision of a licensee, registrant, or certificate holder, including group
therapy sessions, shall not disclose any knowledge gained during the course
of the therapy without the consent of the person to whom the knowledge
relates.
-A person may disclose confidential information when a client or the heirs,
executors, or administrators of a client... - -...file suit or a complaint against
a licensee, registrant, or certificate holder on any cause of action arising out
of or connected with the care or treatment of the client by the licensee,
registrant, or certificate holder
-A person may disclose confidential information when a licensee, registrant,
or certificate holder... - -...was in consultation with a physician, registered
professional nurse, licensee, registrant, or certificate holder against whom a
suit or complaint was filed based on the case out of which the suit or
complaint arises
-A person may disclose confidential information when... - -...a review of
services of a licensee, registrant, or certificate holder
-A review of services can be determined by a board or a person or group... -
-...authorized by the board to make an investigation on its behalf
-A review of services can be determined by ________________(1) where the
licensee, registrant, or certificate holder practices or the medical staff
____________________(2) - -(1) The governing board of a hospital licensed
pursuant to part 1 of article 3 of title 25; (2) of the hospital if the medical
staff operates pursuant to written bylaws approved by the governing board
of the hospital
-A review of services can be determined by __________________ if the person
has signed a release authorizing the review - -A professional review
committee established pursuant to section 12-245-212 (1)
, -A person may disclose confidential information when _________________ a
school or the occupants of a school. - -A client, regardless of age, makes an
articulable and significant threat against
-A person may disclose confidential information when a client, regardless of
age, exhibits behaviors that, in the reasonable judgment of the licensee,
registrant, or certificate holder... - -....create an articulable and significant
threat to the health or safety of students, teachers, administrators, or other
school personnel.
-A licensee, registrant, or certificate holder who discloses information under
this subsection (2)(d)...
hint: (2)(d) = disclosing information from a client, regardless of age. -
-...shall limit the disclosure to appropriate school or school district personnel
and law enforcement agencies. School or school district personnel to whom
the information is disclosed shall maintain confidentiality of the disclosed
information, regardless of whether the information constitutes an education
record subject to FERPA, consistent with the requirements of FERPA and
regulations and applicable guidelines adopted under FERPA, but may
disclose
information in accordance with section 1232g (b)(1) of FERPA and 34 CFR
99.36 if necessary to protect the health or safety of students or other
persons.
-A licensee, registrant, or certificate holder who discloses or fails to disclose
a confidential communication... - -...with a client in accordance with this
subsection (2)(d) (A client regardless of age) is not liable for damages in any
civil action for disclosing or not disclosing the communication. This
subsection (2)(d)(III) does not rescind any statutory duty to warn and protect
specified in, and does not eliminate any potential civil liability for failure to
comply with, section 13-21-117.
-Subsection (2)(d) does not apply to...
hint: (2)(d) = disclosing information from a client, regardless of age. - -...an
education record that, under FERPA, is exempt from the HIPAA privacy rule.
-Subsection (2)(d) applies to covered entities, as defined in HIPAA as...
hint: (2)(d) = disclosing information from a client, regardless of age. -
-"Articulable and significant threat" means a threat to the health or safety of
a person that, based on the totality of the circumstances, can be explained
or articulated and that constitutes a threat of substantial bodily harm to a
person.
