COLORADO MENTAL HEALTH JURISPRUDENCE EXAM 2025 | CURRENTLY TESTING VERSION, Exams of Nursing

Download COLORADO MENTAL HEALTH JURISPRUDENCE EXAM 2025 | CURRENTLY TESTING VERSION and more Exams Nursing in PDF only on Docsity! COLORADO MENTAL HEALTH JURISPRUDENCE EXAM 2025 | CURRENTLY TESTING VERSION WITH A STUDY GUIDE | ACCURATE AND VERIFIED FOR GUARANTEED PASS | LATEST UPDATE A person may disclose confidential information when a school or the occupants of a school. - CORRECT ANSWER 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... - CORRECT ANSWER ..... 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. - CORRECT ANSWER ... 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... - CORRECT ANSWER ... 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. - CORRECT ANSWER ...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. - CORRECT ANSWER "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. FERPA means... - CORRECT ANSWER the federal "Family Educational Rights and Privacy Act of 1974" HIPPA means... - CORRECT ANSWER the federal "Health Insurance Portability and Accountability Act of 1996" "School" means... - CORRECT ANSWER a public or private preschool; elementary, middle, junior high, or high school; or institution of postsecondary education described in title 23, including the Auraria higher education center created in article 70 of title 23. Mandatory disclosure requires requirements applicable to the particular level of regulation in writing - CORRECT ANSWER an explanation of the levels of regulation applicable to mental health professionals under this article 245 and the differences between licensure, registration, and certification, including the educational, experience, and training Mandatory disclosure requires the degree, credential, certification, registration, or license in writing - CORRECT ANSWER a listing of any degrees, credentials, certifications, registrations, and licenses held or completed by the licensee, registrant, or certificate holder, including the education, experience, and training the licensee, registrant, or certificate holder was required to satisfy in order to complete Mandatory disclosure requires a statement in writing - CORRECT ANSWER indicating that the practice of licensed or registered persons in the field of psychotherapy is regulated by the division, and an address and telephone number for the board that regulates the licensee, registrant, or certificate holder Mandatory disclosure requires a statement in writing saying a client is entitled to receive information... - CORRECT ANSWER ...about the methods of therapy, the techniques used, the duration of therapy, if known, and the fee structure; Mandatory disclosure requires a statement in writing saying the client may seek... - CORRECT ANSWER ...a second opinion from another therapist or may terminate therapy at any time; Mandatory disclosure requires a statement in writing saying in a professional relationship... - CORRECT ANSWER ...sexual intimacy is never appropriate and should be reported to the board that licenses, registers, or certifies the licensee, registrant, or certificate holder Mandatory disclosure requires a statement in writing saying the information provided... - CORRECT ANSWER ...by the client during therapy sessions is legally confidential in the case of individuals licensed, certified, or registered pursuant to this article 245, except as provided in section 12-245-220 and except for certain legal exceptions that will be identified by the licensee, registrant, or certificate holder should any such situation arise during therapy If the mental health professional is an unlicensed psychotherapist, mandatory disclosure requires... - CORRECT ANSWER ...a statement indicating that an unlicensed psychotherapist is a psychotherapist listed in the state's database and is authorized by law to practice psychotherapy in Colorado but is not licensed by the state and is not required to satisfy any standardized educational or testing requirements to obtain a registration from the state; Mandatory disclosure requires a statement indicating that a client's records... - CORRECT ANSWER ...may not be maintained after seven years pursuant to section 12-245-226 (1)(a)(II)(A). For children, mandatory disclosure requires... - CORRECT ANSWER ...if the client is a child who is consenting to mental health services pursuant to section 27-65-103, disclosure shall be made to the child. If the client is a child whose parent or legal guardian is consenting to mental health services, disclosure shall be made to the parent or legal guardian. In residential, institutional, or other settings where psychotherapy may be provided by multiple providers, mandatory disclosure shall... - CORRECT ANSWER ...be made by the primary therapist. The institution shall also provide a statement to the patient containing the information in subsections (1)(c) and (1)(d) of this section and a statement that the patient is entitled to the information listed in subsections (1)(a) and (1)(b) of this section concerning any psychotherapist in the employ of the institution who is providing psychotherapy services to the patient. Exception: Mandatory disclosure of information is NOT required when psychotherapy is being administered in an - CORRECT ANSWER Emergency Exception: Mandatory disclosure of information is NOT required when psychotherapy is being administered in pursuant... - CORRECT ANSWER ...to a court order or involuntary procedures pursuant to sections 27-65-105 to 27-65-109 Exception: Mandatory disclosure of information is NOT required when psychotherapy is being administered for the sole purpose of... - CORRECT ANSWER ...the professional relationship is for forensic evaluation; Exception: Mandatory disclosure of information is NOT required when psychotherapy is being administered when the client is and the program has been established through rule. - CORRECT ANSWER in the physical custody of either the department of corrections or the department of human services and such department has developed an alternative program to provide similar information to the client Exception: Mandatory disclosure of information is NOT required when psychotherapy is being administered if the client is to whom disclosure can be made - CORRECT ANSWER incapable of understanding the disclosure and has no guardian Exception: Mandatory disclosure of information is NOT required when psychotherapy is being administered by a social worker practicing in... - CORRECT ANSWER ...a hospital that is licensed or certified under section macrodosing - CORRECT ANSWER how is it eliminated and when do you stat to see tox efficacy - CORRECT ANSWER randomized control (does it work in most people) Validity to research - CORRECT ANSWER internal allows causal inference to be made external alllows generalization beyong the sample studied Ratio data - CORRECT ANSWER have a defined 0 POint Law of large numbers - CORRECT ANSWER as increaseas in mean approach the mean of population (bigger sample--> better estimate) confidence interval - CORRECT ANSWER measures how many standard deviations away from the mean something has to be to get probability epidemiology - CORRECT ANSWER stdy of factors influencing health/illness of pop emphasis on person, place, time, crcumstance purpose of epidemiology - CORRECT ANSWER how we learn about disease informs public policy making informs healthcare advocacy stakeholder - CORRECT ANSWER someone who is influenced by anothers actions illness - CORRECT ANSWER subjective state of pain/discomfort with no identifiable casue syndrome - CORRECT ANSWER co occurencee of several recognizable clinical features diseas - CORRECT ANSWER subjective state of pain/discomfort with identifiable casue incidence - CORRECT ANSWER number of new cases of ds per unti time per populaion prevalence - CORRECT ANSWER number of cases active at any moment per population depends onpast incidence rates and course of ds(a ds that is chronic and is never Cured, the only way you lose those pts is if they die of something else - CORRECT ANSWER prevalence Sensitivity - CORRECT ANSWER a measure of a test's ability to detect a condition when it is present Specificity - CORRECT ANSWER measure of a test's ability to exclude a ds or identify absence of a condition (more impt for dx a ds) POsitive true - CORRECT ANSWER has disease and has positive test result false positive - CORRECT ANSWER does not have disease but has positive tst result false negative - CORRECT ANSWER negative test results but has disease evidenced based medicine - CORRECT ANSWER clinicians expereince invidual patient needs scientific evidence related to question at hand levels of clinical evidence - CORRECT ANSWER 1a: systematic review of homogenous RCT(random controlled trial) 1b: individual RCT with narrow confidence intervals 1c: all or none observational study 2a: systematic review of homogenous cohort studies 2b: single cohort study, or poor quality RCT 2c: outcomes research or ecological study 3a: systematic review of homogenous case control studies 3b: single case-control study 4: case report or series, or poor quality case-control study 5=expert opinion, animal physiology, bench study Analytical hypothesis testing hierarchy - CORRECT ANSWER Random controll study Title 1 HIPAA - CORRECT ANSWER protects health insurance coverage for workers and families when they change or lose their jobs Hipaa 2 - CORRECT ANSWER II:requires establishment of national standards for electronic health care transactions and national identifiers for providers, health insurance plans, and employers. Hipaa privacy rules - CORRECT ANSWER auth to copy notes confidentiality shred documents confidentiality agreement Malpractice - CORRECT ANSWER physician has duty to patient negligence of duty occurs damage to patient negligence casues damage (D's) what level of evidence is needed in malpractice case - CORRECT ANSWER preponderance of evidnence informed consent components - CORRECT ANSWER goals/objectives of procedure dx risks/complications posotop course alternative no guarantess What entity issues and indictment? Is the accused present? - CORRECT ANSWER indicment issued by grand jur tiwth accused absent A license to practice podiatric medicine is issued by - CORRECT ANSWER state medical board Due process of Law prevents the revocation of a podiatrist's license without? - CORRECT ANSWER law requires hearing after notice If a pt presents himself for examination and tx, but doesn't discuss payment terms with the dr, is the dr entitled to payment? - CORRECT ANSWER Yes they are, on the theory of "implied contract" When a hospital denies staff privileges to a doctor, what are the doctor's legal rights? - CORRECT ANSWER He is entitled to an impartial hearing, which is reviewable by a court What is the difference b/w a "claims made" malpractice insurance policy and an "occurrence" malpractice policy? - CORRECT ANSWER Occurrence: as long as policy was in force at the time that malpractice occurred, then the coverage is provided, even if the policy is no longer in force. Claims made: the insurance policy must be in force at the time that the malpractice claim is filed. What are the obligations of a doctor to his insurance carrier? - CORRECT ANSWER He is obligated to notify the carrier promptly when he receives a claim; to cooperate w/ the adjuster and lawyer in preparing his defense; to appear at trial; and to submit to depositions before trial Under what general category is a medical malpractice case (based on negligence) - CORRECT ANSWER tort What is a tort? - CORRECT ANSWER private wrong not based on contract what is an injnction - CORRECT ANSWER A court order to do or to refrain from doing a specific act. When are punitive damages awarded? - CORRECT ANSWER Where intentional torts are involved. IN some states, punitive damages are awarded, only for wanton, willful, and malicious behavior A malpractice case will not be tried before a jury unless? - CORRECT ANSWER either party demands a jury When may a civil malpractice case be tried in a US district court? - CORRECT ANSWER On whom is the burden of proof in a civil malpractice case - CORRECT ANSWER plaintiff (preponderance of evidence) What is an express contract? - CORRECT ANSWER An actual agreement b/w the parties, the terms of which are stated in distinct and explicit language According to Controlled Substances regulations, what are the classifications of controlled substances? - CORRECT ANSWER Schedule 1: high potential for abuse(no accepted medical use) 2=high potential for absue, accepted medical use, if abused it can cause severe psychologic or physical dependence. 3: high potential for abuse, accepted medically, if abused it causes great dependence 4: low potential for abuse, abuse may cause limited dependence 5: same as 4, but to lesser degree Narcotics rx by pod for use in clinical practice are which schedule? - CORRECT ANSWER 2 What is dr's recourse when he is owed money by a pt who files for bankrupcy? - CORRECT ANSWER dr may file a claim in bankruptcy court and may receive all or part of the amt owed, or nothing depending on the circumstance of the cases what is medicaid - CORRECT ANSWER A joint federal state program to aid the poor, aged, blind, disabled, the medically needy When is a covenant not to complete valid - CORRECT ANSWER When it is reasonable as to duration and geographic extent The governmental power to regulate the practice of podiatric medicine is derived from what power of state? - CORRECT ANSWER states police power Is residence in a state a requirement to get a license to poactice pod med in that state? - CORRECT ANSWER no IN a malpractice case based on negligence, what types of damages are awarded - CORRECT ANSWER Compensatory damages and possibly loss of consortium If you tx a pt at the scene of an accident, can you be liab - CORRECT ANSWER Not as long as no compensation was paid to you or expected by you and your actions were made in a good faith effort to help What is defamation - CORRECT ANSWER Defamation of character occurs when one person communicates to a second person about a third in such a manner that the reputation of the person about whom the discussion was held is harmed. What may a non-expert witness testify abou - CORRECT ANSWER facts only Can dr shelter his assets from a malpractice claimant, after a claim is filed, by transferring his assets - CORRECT ANSWER no What is the generic term for civil wrongs other than breach of contract? - CORRECT ANSWER tort Can damages in a battery case include punitive damages? - CORRECT ANSWER yes Under what circumstances may the statute of limitations be extended? - CORRECT ANSWER When the pt is a minor; where a dr is out of state; where dr conceals pt's true condition or pt did not promptly discover the true condition What is the definition of a minor? - CORRECT ANSWER Anyone under age of majority, They are incapable of giving effective consent for the administration of medical tx. Depending on which state, it may be 18 or 21 y/o. How should a dr terminate his care of a pt before the completion of care? - CORRECT ANSWER With a written notice sent by certified mail and should explain the patient's medical problem. TH pt must be afforded the opportunity to acquire the needed services from another dr. With a written notice sent by certified mail and should explain the patient's medical problem. TH pt must be afforded the opportunity to acquire the needed services from another dr. - CORRECT ANSWER It is the process by which each side learns the pertinent facts of the opponent's case. This allows each party to test the other party's facts and determine the strength of the other party's case. What is a deposition? - CORRECT ANSWER Technique of discovery in which oral exam, including cross-examination, under oath, of witnesses and parties is performed. subpoena duces tecum - CORRECT ANSWER Technique of discovery; subpoena duces tecum is a court order requiring production of books and records for examination by the other party