A patient directly communicates to his psychologist an imminent threat
of violence against his boss. The therapist opts to maintain the patient's
confidentiality. The psychologist: - ANSWER may be held Civilly liable.
Of the following, who can't be the holder of privilege?
1. The patient's therapist, when authorized by the patient.
2. The patient's legal guardian, when the patient does not want the
guardian to hold privilege.
3. The patient's representative.
4. An unemancipated minor. - ANSWER The patient's therapist, when
authorized by the patient.
A therapist does not HOLD privilege. They can only invoke/assert if that
is what the patient wants
What does Evidence Code 1024 specifically authorize a mental health
provider to do? - ANSWER It authorizes the disclosure of privileged
information in a legal proceeding if the information is necessary to
prevent the danger presented by the patient to himself or herself, others,
or property.
It is to prevent not only ANY danger, but to PREVENT the patient from
danger to self, other, or property
Which of the following is NOT an exception to privilege?
1. A lawyer initiates a hearing to determine a patient's competence to
stand trial.
2. A patient requests a proceeding to determine his or her sanity.
3. The Board of Prisons appoints a psychologist to examine a patient.
4. The Court appoints a psychologist to evaluate a patient in order to
provide a defense attorney with information. - ANSWER 4. The Court
appoints a psychologist to evaluate a patient in order to provide a
defense attorney with information.
,This is an exception to privilege
The California Family Code (generally) stipulates that: - ANSWER a
minor of any age may consent to medical care related to pregnancy or
sexual assault.
For medical care it is any age, consent to outpatient mental health is
over 12 and mature enough to participate
A father brings his six-year-old daughter to you for testing. The parents
are divorced, and while they share legal custody, the father has primary
physical custody. You diagnose the child with autism spectrum disorder.
The girl's mother requests a copy of the testing report. You should: -
ANSWER offer her a summary of the report and send her a copy of the
report if she insists.
Typically it is better to send people a treatment summary as opposed to
all the raw data, however if the request specifically asks to include raw
test data, you must send it all if they are legally entitled to it
72 hour hold (5150; 5585) - ANSWER -person who due to mental
disorder is a danger to self, others, or is gravely disabled may be
confined for 72hours
-danger to self-suicidal intent
-grave disability- inability to provide one's food, clothing, shelter
5150 (applies to adults)
5585 (applies to minors- although with minors you should not
involuntarily confine them. Should contact/involve parents and get their
consent which would make it a voluntary hold.
14 day Hold/Certification 5250 - ANSWER -person can be certified for
14 days of intensive treatment if after 72hrs they remain danger to self,
others, or gravely disabled
-person must be advised of need and seek voluntary treatment, but has
refused
,-entitled to certification review hearing within 4 days of the date of
certification
Postcertification Hold
(following initial 14 day hold) - ANSWER 5260- upon expiration of 14 day
hold (5250), patient continues to present an imminent threat of SUICIDE,
may be held for additional 14 days, but NOT RENEWABLE
5300- upon expiration of 14 day hold (5250), patient continues to
present an imminent threat of DANGER TO OTHERS, may be confined
for additional 180 days. can be renewed
5270.15- upon expiration of 14 day hold (5250), patient continues to
present as GRAVELY DISABLED may be confined for 30 days. Cannot
continue confinement after 30 days unless a petition for conservatorship
has been filled during the hold
Child abuse reporting - ANSWER -when psychologist learns about
abuse in professional capacity
-when there is reasonable suspicion of ANY child (not just your patient-
should inform them when explaining limits of confidentiality)
-Make report to police or county as soon as practically possible by
phone
-Written report within 36 hours
- Failure to make a report- misdemeanor with 6 month in jail or $1000
fine, or both. IF death or great injury could be up to a year in jail or
$5000 fine, or both.
Types of child abuse - ANSWER -Physical abuse- bruises, marks,
objects on bare skin, closed fist
-Sexual abuse- assault, rape, stat rape, exploitation, etc
-Neglect-
severe neglect- severe intentional malutrition and willful causing of
endangerment
general neglect- negligent failure to provide adequate food, med care,
clothing, shelter
-willful cruelty or unjustifiable punishment- (DV could be unjustifiable
suffering, depending)
, -Unlawful corporal punishment or injury
-emotional abuse
Lewd/lascivious contact - ANSWER includes any act with the intent of
arousing, appealing to, or gratifying lust, passions, or sexual desires of
the perpetrator or the child
Reporting of Sex in minors - ANSWER -Under 14 with any older than
14yr partner is mandated report if lewd/lascivious contact
-14 or 15 with 10yr older- report if lewd/lascivious contact
-Under 16 with 21 and older- report if sex, even if voluntary
-16 or over, with over 16- no report
-Under 18, if raped, incest, or sodomy is a mandated report
Elder and Dependent Adult Abuse Reporting - ANSWER Suspected
incidents of elder/dependent abuse must be reported to local law
enforcement, county adult protective services, local ombudsman, or
state dept of state hospitals IMMEDIATELY or as soon as practically
possible by phone
-if adult lives at home- report to adult protective services or law
enforcement. Written report in 2 days
-if in long term care facility- report to local ombudsman AND local law
enforcement. Written report w/in 2 hours if serious injury or 24hrs if no
serious injury
-if in State Hospital- report to dept of state hospitals AND local law.
Written report w/in 2 hours
You are working with a 15-year-old boy who tells you he plans to shoot
some kids on the varsity basketball team. What are your obligations? -
ANSWER You should call the police and school officials.
Your 15-year-old patient tells you she was date-raped by her boyfriend.
She does not want anyone to know. What are your obligations? -
ANSWER You should make a child abuse report.
It does not matter the age of the boyfriend because it is a rape of a
minor under 18