Question 1
Answer B is correct. This issue is addressed in Section 123130 of the California Health and Safety Code. It states that a "health care provider may prepare a summary of the record ... for inspection and copying by a patient. If the health care provider chooses to prepare a summary of the record rather than allowing access to the entire record, he or she shall make the summary of the record available to the patient within 10 working days from the date of the patient's request. However, if more time is needed because the record is of extraordinary length or because the patient was discharged from a licensed health facility within the last 10 days, the health care provider shall notify the patient of this fact and the date that the summary will be completed, but in no case shall more than 30 days elapse between the request by the patient and the delivery of the summary." (Note that, while California law allows health care providers to provide summaries to clients rather than complete records, HIPAA allows this only when the client agrees to this alternative.)
Question 2
B is correct: According to Penal Code 11162.2, "in addition to the reports required under [Penal Code] 11166, any agency [police department, sheriff's department, county probation department, or the county welfare department] specified in [Penal Code] 11165.9 shall immediately or as soon as practically possible report by telephone, fax, or electronic transmission to the appropriate licensing agency every known or suspected instance of child abuse or neglect when the instance of abuse or neglect occurs while the child is being cared for in a child day care facility, involves a child day care licensed staff person, or occurs while the child is under the supervision of a community care facility or involves a community care facility licensee or staff person. The agency shall also send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision. The agency shall send the licensing agency a copy of its investigation report and any other pertinent materials."
Question 3
Answer A is correct: As stated in Penal Code 11166(a), whenever a "mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall make an initial report by telephone to the agency immediately or as soon as is practicably possible, and shall prepare and send, fax, or electronically transmit a written follow up report within 36 hours of receiving the information concerning the incident.
Question 4
C is correct: This question addresses various conditions that may require you to file a child abuse report. You must report an incident of rape that involves a minor.
Question 5
A is correct: For child custody and visitation decisions, the guiding standard is always the child's best interests. Older children may be allowed to express their preferences in court, but the final decision will be based on their best interests.
Question 6
Answer D is correct: As stated in Business and Professions Code 2964.3, "any person required to register as a sex offender ... is not eligible for licensure or registration by the board."
Question 7
Answer c is correct. Note that this question is asking about the requirements of HIPAA's privacy rule and not about other legal or ethical requirements. Therefore, answer c is the correct response because it most accurately describes HIPAA's requirements with regard to consent for disclosure of PHI.
Question 8
C is correct: "If the parents have joint legal custody, the parents share the right and responsibility to make health care decisions for their child (Family Code 3003). This means that either parent acting alone may consent to mental health treatment, unless the order of joint legal custody has language to the contrary" (B. Benitez, Guidelines for the treatment of minors, The California Therapist, September or October, 2000, p. 15).
Question 9
Answer C is correct. Business and Professions Code Section 4999.20(c) states that, in terms of the types of assessment that may be administered, scored, and interpreted by professional clinical counselors, "assessment" does not include "the use of projective techniques in the assessment of personality, individually administered intelligence tests, neuropsychological testing, or utilization of a battery of three or more tests to determine the presence of psychosis, dementia, amnesia, cognitive impairment, or criminal behavior."
Question 10
The correct answer is C. This is a "close call" question addressing the ethical issues of dual relationships and bartering for services. Answer C is the best answer - it is more inclusive than B in terms of the options available for Dorothy in this situation and it states that the counselor cannot accept the arrangement. Counselors may barter "only if the bartering does not result in exploitation or harm, if the client requests it, and if such arrangements are an accepted practice among professionals in the community. Counselors consider the cultural implications of bartering and discuss relevant concerns with clients and document such agreements in a clear written contract" (ACA Code of Ethics, A.10.e, 2014).
Question 11
This is a difficult question since all of the answers describe conditions that should be met. You have to pick the best answer of those given. Legally, three elements are necessary for informed consent: capacity, comprehension, and voluntariness. Response C is the only one that directly addresses at least one of these conditions (comprehension) and, therefore, is the best answer.
Question 12
Answer D is correct. The Family Educational Rights and Privacy Act, or Buckley Amendment, gives students 18 years of age or older the right to access their own educational records. Prior to the student turning 18, parents have the right to access the records but the student does not.
Question 13
Answer D is correct: You have no legal obligation to take any particular action when the wife of your client is dangerous. If, on the other hand, your client threatened to shoot the insurance agent, this would trigger a duty to protect the intended victim.
Question 14
Answer D is correct. All of the choices represent dual relationships. However, providing therapy to a spouse's secretary has the greatest potential for adverse consequences for several reasons. For example, the counselor may obtain information about the client outside of therapy from her husband or may unintentionally reveal confidential information about the client to her husband.
Question 15
B is correct: You have an ethical and legal obligation to help your client when she may be a danger to herself. Even if it is the end of the workday and you are eager to get away, your client's safety should be your top priority. Her level of risk is unclear, so you should initially assess her.
