LPCC Law & Ethics Exam 1 2024
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, John Doe, age 19, has chronic paranoid schizophrenia, lives in a group home, and has
a conservator who was appointed by the court. Who should give consent to counseling
for John?
A: John because he is an adult
B: any officer of the court
C: his caregiver at the group home
D: his conservator - Answers:D: his conservator
Courts appoint conservators when a person is unable to manage his or her own affairs.
John's conservator is essentially in charge of him, as though he were a minor, and will
determine if John should receive mental health counseling.
You receive a written request from a former client for a copy of his therapy records. His
request does not include your psychotherapy notes. Unless you have a lawful reason
for withholding the records, you must respond to the request by sending:
A: a copy or summary of the records within 5 days
B: a copy or summary of the records within 15 days.
C: a copy of the records within 7 days.
D: a copy of the records within 15 days. - Answers:D: a copy of the records within 15
days.
HIPAA requires health providers to provide patients with copies of their records (PHI)
when the provider receives a written request for the records and there is no lawful
reason for withholding the records. The 15 day requirement for providing the records is
established by Health and Safety Code Section 123110(b). *Note* HIPAA's
requirements with regard to the release of a copy (rather than a summary) of records
takes precedence over state law (H&SC 123110) since HIPAA is more stringent in
terms of providing patients with access to their records.
Your client, age 16, tells you that she started having sexual relations with her 21 year
old boyfriend last week. She says that her boyfriend told her they wouldn't have sex until
she was ready and, after thinking it over for the past few months, she decided she was
ready. In this situation:
A: statutory rape has occurred and you are required to file a child abuse report.
B: statutory rape has occurred but you are not required to file a child abuse report.
C: statutory rape has not occurred but you are required to file a child abuse report.
D: statutory rape has not occurred and you are not required to file a child abuse report. -
Answers:B: statutory rape has occurred but you are not required to file a child abuse
report.
Statutory rape (unlawful sexual intercourse with a minor) has occurred since the client is
under 18 and not married to her 21 yr old sexual partner. However, you are not required
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