COLORADO MENTAL HEALTH JURISPRUDENCE EXAM Questions with 100% Correct Answers Latest Updat, Exams of Nursing

Download COLORADO MENTAL HEALTH JURISPRUDENCE EXAM Questions with 100% Correct Answers Latest Updat and more Exams Nursing in PDF only on Docsity! 1 COLORADO MENTAL HEALTH JURISPRUDENCE EXAM Questions with 100% Correct Answers Latest Update 2024 GRADE 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 disclose any 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. 2 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 5 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. - ✔✔...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... - ✔✔...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, 6 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. - ✔✔...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. - ✔✔"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. 7 FERPA means... - ✔✔the federal "Family Educational Rights and Privacy Act of 1974" HIPPA means... - ✔✔the federal "Health Insurance Portability and Accountability Act of 1996" "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 10 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 11 245, 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 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... - ✔✔...may not be maintained after seven years pursuant to section 12-245-226 (1)(a)(II)(A). 12 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. 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 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 - ✔✔Emergency 15 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 the disclosure form required by this section not later 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 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 or term of 16 Prohibited activities: a person has used... - ✔✔...advertising that is misleading, deceptive, or false; 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