Download LPCC Law and Ethics – Licensed Professional Clinical Counselor Program – Academic Year 202 and more Exams Advanced Education in PDF only on Docsity!
LPCC Law and Ethics – Licensed Professional
Clinical Counselor Program – Academic Year 2026 –
Study Guide and Practice Material
PHI - correct answer ✔✔ Protected Health Information (HIPAA); Information about healthcare/payment that's directly linked to client Covered Entity - correct answer ✔✔ An entity that transmits health information in electronic form in connection with a transaction covered by HIPAA. Faxing would make counselor a HIPAA provider. Business Associates - correct answer ✔✔ Individuals, groups, or organizations, who are not members of a covered entity's workforce, that perform functions or activities on behalf of or for a covered entity. When to report child sexual abuse - correct answer ✔✔ 1. Sex involving minor (under 18) reportable if there is oral sex, anal sex, or penetration into openings with foreign object. 2. Sexual intercourse between minor under 16 with adult 21 or older. 3. Sexual activity between minor 14 or 15 with adult at least 10 yrs older. 4. Sexual activity between minor under 14 and anyone 14 or older. Is there a duty to prevent suicide/to report? - correct answer ✔✔ No; a counselor must "take reasonable steps" to prevent suicide though (Bellah vs. Greenson) How to report child abuse - correct answer ✔✔ 1. Determine Reasonable Suspicion
- Report immediately by phone to CPS -- if there is no answer leave a message for a return call
- Prepare a written report and send/fax within 36 hours (SS 8572), can use the SCAR online reporting form (suspected child abuse report)
Can a ct's dangerousness be determined by body language? - correct answer ✔✔ Yes Is it legally required to warn when a ct is a danger to someone else? (duty to warn) - correct answer ✔✔ No; it is only legally required in CA to "duty to protect," must report to local law enforcement within 24 hrs Does Tarasoff cover destruction to property? - correct answer ✔✔ No; however, counselors are permitted to disclose this info. Patriot Act - correct answer ✔✔ Allows FBI to obtain special subpoenas (National security letters) that require counselors to turn over records. How to report Elder Abuse (not long term care facility) - correct answer ✔✔ Report to Adult Protective Services by phone immediately, and written report within 2 working days. How to report Elder Abuse in long-term care facility (serious bodily harm) - correct answer ✔✔ Call local law enforcement immediately, send written report to local law enforcement, local ombudsperson, and licensing agency within 2 hours. How to report Elder Abuse in long-term care facility (no serious bodily harm) - correct answer ✔✔ Call local law enforcement within 24 hrs, written report to local law enforcement, local ombudsperson and licensing agency within 24 hrs How to report Elder Abuse in long-term care facility (caused by patient with dementia, no serious harm) - correct answer ✔✔ Report to the local ombudsperson or law enforcement agency by telephone immediately or as soon as reasonably practicable and by written report within 24 hours.
When is it Legal to have sexual contact with client after termination? - correct answer ✔✔ 2 yrs after termination When is it ethical to have sexual contact with client after termination? - correct answer ✔✔ 5 yrs after termination CA Medical Information Act - correct answer ✔✔ Gives counselors ability to consult for purposes of diagnosis/tx without release when necessary. Notice of Privacy Practices (NPP) - correct answer ✔✔ A legally required notice that healthcare providers and plans must distribute to their patients that outlines how their protected health information is used and disclosed, and the rights the patient has. (must be given to ct at beginning of tx) Privilege - correct answer ✔✔ LEGAL concept; Judge determined who can exercise privilege with a minor. Informed Consent - correct answer ✔✔ ETHICAL; Legally, ct does not have to sign for informed consent. Ethical standards for Informed Consent - correct answer ✔✔ Purpose of tx, counseling goals, risks/benefits, limitations, counselor's qualifications/credentials, modalities used, fees, confidentiality, counseling plans. 5150/5585 (Minor) - correct answer ✔✔ 72 hr hold, can be initiated by anyone 18 or older; ct may be in danger to him/herself, ct may be in danger to others, ct may be gravely disabled Gravely disabled - correct answer ✔✔ The inability of a person to meet his or her basic needs (like food or shelter) and to provide self-care.
Legal requirements for Informed Consent - correct answer ✔✔ Fees, if counselor is using fictitious business name (provide name & license designation), if counselor is an associate under supervision, license needs to be displayed, if counselor is a covered entity of HIPAA, must provide ct a copy of Notice of Privacy Practice. "Use" for HIPAA - correct answer ✔✔ Sharing info within health care facility "Disclosure" for HIPAA - correct answer ✔✔ Releasing info to parties outside of health care facility Consent to Treat - correct answer ✔✔ Needed for minor to start tx Scope of Competence - correct answer ✔✔ ETHICAL; Unprofessional conduct, to perform any professional service beyond the scope of ones confidence (established by ones education, training & experience) Can counselors withhold test results to clients? - correct answer ✔✔ No Do requests for records need to be in writing? - correct answer ✔✔ Yes Scope of Practice - correct answer ✔✔ Entire LPCC profession; what a counselor is allowed to do. Cannot give clients legal advice,. What to ask yourself FIRST when working with a new ct - correct answer ✔✔ If a ct's situation is within your scope of competence.
Can minors refuse medical care related to drug/alcohol tx when parents have consented? - correct answer ✔✔ No Conservatorship of Person/Estate - correct answer ✔✔ Client who is no longer able to adequately administer his/her daily existence (cooking, shelter, ect). Client must have a "substantial inability" to perform activities. LPS Conservatorship - correct answer ✔✔ Clients who are gravely disabled due to mental disorder/chronic alcoholism and cannot fulfill basic needs. Usually executed for those that require tx, but unwilling/incapable of making decision on their own. Can commit person to mental health facility. Limited conservatorship - correct answer ✔✔ Developmentally disabled adults who acquired disability before 18 yrs old who are affected into adulthood. Temporary Conservatorship - correct answer ✔✔ Person is in urgent need of conservatorship, granted up to 30 days. Undue Influence - correct answer ✔✔ Misuse of trust, persuasion, and/or apparent authority and falls below threshold for outright threat, fraud, coercion, or theft. Collateral session notes - correct answer ✔✔ Are not confidential or privileged, are part of the ct's tx records and can be disclosed to the ct Evidence Code 1024 - correct answer ✔✔ Counselor is permitted to break confidentiality when a client's mental or emotional state is such that this person presents a danger to self or others, or the property of others.
