COLORADO MENTAL HEALTH JURISPRUDENCE EXAM | QUESTIONS WITH 100% CORRECT ANSWERS | LATEST, Exams of Nursing

Download COLORADO MENTAL HEALTH JURISPRUDENCE EXAM | QUESTIONS WITH 100% CORRECT ANSWERS | LATEST and more Exams Nursing in PDF only on Docsity!

HOSMERIT

COLORADO MENTAL HEALTH

JURISPRUDENCE EXAM | QUESTIONS

WITH 100% CORRECT ANSWERS | LATEST

2024 | RATED A+

Disclosure of Confidential Information - ✔✔ 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 discloseany 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... - ✔✔...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... - ✔✔...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... - ✔✔...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... -

✔✔...authorized by the board to make an investigation on its behalf

A review of services can be determined by (1) where thelicensee, registrant, or certificate holder practices or the medical staff

(2) - ✔✔(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 - ✔✔ 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. - ✔✔ 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... - ✔✔ 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. - ✔✔...shalllimit 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... - ✔✔...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. - ✔✔...aneducation

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. -

✔✔"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.

For children, mandatory disclosure requires... - ✔✔...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. Prohibited activities: a person that has been charge

• ✔✔convicted of or pled guilty or nolo contendere to a felony or to any crime related to the person's practice, or received a deferred sentence to a felony Exception: Mandatory disclosure of information is NOT required when psychotherapy is

being administered by a social worker practicing in... - ✔✔...ahospital that is licensed or

certified under section 25 - 1.5- 103 (1)(a)(I) or (1)(a)(II);

FERPA means... - ✔✔the federal "Family Educational Rights and Privacy Act of 1974"

HIPPA means... - ✔✔the federal "Health Insurance Portability and Accountability Act of

1996"

Exception: Mandatory disclosure of information is NOT required when psychotherapy is being administered unless the client, parent, or guardian is unable to than the second visit with the psychotherapist.

• ✔✔write, or refuses or objects, the client, parent, or guardian shall sign thedisclosure form required by this section not later

Prohibited activities: a person that has the prohibited activities. - ✔✔violated or

attempted to violate, directly or indirectly, or assisted or abetted the violation of, or conspired to violate any provision Exception: Mandatory disclosure of information is NOT required when psychotherapy is being administered if the client an oral explanation shall accompany the written

copy. - ✔✔has no written language or is unable to read

Exception: Mandatory disclosure of information is NOT required when psychotherapy is being administered when the client is andthe program has been established

through rule. - ✔✔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 In residential, institutional, or other settings where psychotherapy may be provided by

multiple providers, mandatory disclosure shall... - ✔✔...be made by the primary

therapist. The institution shall also provide a statement to the patientcontaining 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.

"School" means... - ✔✔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. The records and information produced and used in the review provided for in subsection (2)(c) of this section... hint: (2)(c) = A review of services of a licensee, registrant, or certificate holder is

conducted - ✔✔...do not become public records solely by virtue of the use of the

records and information. The identity of a client whose records are reviewed shall not be Exception: Mandatory disclosure of information is NOT required when psychotherapy is

being administered for the sole purpose of... - ✔✔...theprofessional relationship is for

forensic evaluation;

Advertising that could be seen as misleading... - ✔✔Advertising through newspapers,

magazines, circulars, direct mail, directories, radio, television, or otherwise that the person will perform any act prohibited disclosed to any person not directly involved in the review process, and procedures shall be adopted by a board, hospital, association, or society to ensurethat the identity of

the client is concealed during the review process itself and to comply with section 12 - 245 - 226 (4). Subsection (1) of disclosing confidential information does not apply to... -

✔✔...any delinquency or criminal proceeding, except as provided in section 13- 90 - 107

regarding any delinquency or criminal proceeding involving a licensed psychologist. Exception: Mandatory disclosure of information is NOT required when psychotherapy is being administered if the client is to whom disclosure can be made -

✔✔incapable of understanding the disclosure and has no guardian

Exception: Mandatory disclosure of information is NOT required when psychotherapy is

being administered by a person licensed or certified pursuant to... - ✔✔...this article 245

or by an unlicensed psychotherapist practicing in a hospital that is licensed or certified under section 25 - 1.5- 103 (1)(a)(I) or (1)(a)(II). Mandatory disclosure requires number of the licensee, registrant, or certificate

holder in writing - ✔✔the name, business address, and business phone

Exception: Mandatory disclosure of information is NOT required when psychotherapy is

being administered in an - ✔✔Emergency

Exception: Mandatory disclosure of information is NOT required when psychotherapy is

being administered in pursuant... - ✔✔...to a court order orinvoluntary procedures

pursuant to sections 27 - 65 - 105 to 27 - 65 - 109

Mandatory disclosure requires requirements applicable to the particular level of

regulation in writing - ✔✔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 - ✔✔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

Prohibited activities: a person has used... - ✔✔...advertising that is misleading,

deceptive, or false; Mandatory disclosure requires a statement in writing -

✔✔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... - ✔✔...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...

• ✔✔...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... - ✔✔...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... -

✔✔...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... - ✔✔...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 thestate 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... -

✔✔...may not be maintained after seven years pursuant to section 12- 245 - 226

(1)(a)(II)(A).