Colorado Mental Health Jurisprudence
Exam 2023
Disclosure of Confidential Information Ans- 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
...
Colorado Mental Health Jurisprudence
Exam 2023
Disclosure of Confidential Information Ans- 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... Ans- ...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... Ans-
...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... Ans- ...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... Ans- ...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) Ans- (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 Ans- 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. Ans- 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... Ans- ....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. Ans- ...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... Ans- ...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. Ans- ...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...
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