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LPCC Law & Ethics Exam 1 Questions with
Detailed Verified Answers
Question: John Doe, age 19, has chronic paranoid schizophrenia, lives in
a group home, and has a conservator who was appointed by the court.
Who should give consent to counseling for John?
A: John because he is an adult
B: any officer of the court
C: his caregiver at the group home
D: his conservator
Ans✅ ✅: D: his conservator
Courts appoint conservators when a person is unable to manage his or her own affairs.
John's conservator is essentially in charge of him, as though he were a minor, and will
determine if John should receive mental health counseling.
Question: You receive a written request from a former client for a copy
of his therapy records. His request does not include your psychotherapy
notes. Unless you have a lawful reason for withholding the records, you
must respond to the request by sending:
A: a copy or summary of the records within 5 days
B: a copy or summary of the records within 15 days.
C: a copy of the records within 7 days.
D: a copy of the records within 15 days.
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Ans✅ ✅: D: a copy of the records within 15 days.
HIPAA requires health providers to provide patients with copies of their records (PHI)
when the provider receives a written request for the records and there is no lawful
reason for withholding the records. The 15 day requirement for providing the records is
established by Health and Safety Code Section 123110(b). *Note* HIPAA's
requirements with regard to the release of a copy (rather than a summary) of records
takes precedence over state law (H&SC 123110) since HIPAA is more stringent in terms
of providing patients with access to their records.
Question: Your client, age 16, tells you that she started having sexual
relations with her 21 year old boyfriend last week. She says that her
boyfriend told her they wouldn't have sex until she was ready and, after
thinking it over for the past few months, she decided she was ready. In
this situation:
A: statutory rape has occurred and you are required to file a child abuse
report.
B: statutory rape has occurred but you are not required to file a child
abuse report.
C: statutory rape has not occurred but you are required to file a child
abuse report.
D: statutory rape has not occurred and you are not required to file a child
abuse report.
Ans✅ ✅: B: statutory rape has occurred but you are not required to file a child abuse
report.
Statutory rape (unlawful sexual intercourse with a minor) has occurred since the client
is under 18 and not married to her 21 yr old sexual partner. However, you are not
required to file a child abuse report because the client is 16 and the sexual contact with
her boyfriend was consensual, nonabusive, and noncoercive
Question: A woman calls you about counseling for her 12 yr old stepson
who visits them on the weekends. The boy has been despondent and
threatening to kill himself during the last few visits. The woman says the
boy's biological mother does not see any need for counseling and neither
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does the boy's father. She says he really needs some help. Legally, you
should:
A: get consent from both biological parents before seeing the boy
B: get consent from the parent or parents who have legal custody before
seeing the boy.
C: see the boy and have him consent to his own treatment
D see the boy with the stepmother's consent only since it is a emergency
Ans✅ ✅: b get consent from the parent or parents who have legal custody before
seeing the boy
If the biological parents have joint legal custody, you only need the consent of one
parent, thought it is clinically desirable to get consent from both.
Question: An adult meets the legal requirements for a "grave disability"
when, as the result of a mental disorder, he or she is
Ans✅ ✅: unable to provide for his or her own basic needs
Question: You are working with Pearl who is 42 yrs old & a dependent
adult. She tells you that she is being physically abused by a staff member
where she lives. Because Pearl is living in a long-term care facility that is
NOT part of a state mental health hospital or state developmental facility,
you should make a telephone report of abuse to who?
A: adult protective services agency
B: appropriate licensing agency
C: local ombudsman
D: local law enforcement agency
Ans✅ ✅: D: local law enforcement agency
For physical abuse in long-term care facility, phone report to local law enforcement w/i
2 hrs if serious injury, 24 if not serious injury. Follow-up written report to local
ombudsman, licensing agency, and law enforcement w/i 2 hrs if serious injury, 24 hrs if
not serious injury
LPCC Law & Ethics Exam 1 Questions with
Detailed Verified Answers
Question: John Doe, age 19, has chronic paranoid schizophrenia, lives in
a group home, and has a conservator who was appointed by the court.
Who should give consent to counseling for John?
A: John because he is an adult
B: any officer of the court
C: his caregiver at the group home
D: his conservator
Ans✅ ✅: D: his conservator
Courts appoint conservators when a person is unable to manage his or her own affairs.
John's conservator is essentially in charge of him, as though he were a minor, and will
determine if John should receive mental health counseling.
Question: You receive a written request from a former client for a copy
of his therapy records. His request does not include your psychotherapy
notes. Unless you have a lawful reason for withholding the records, you
must respond to the request by sending:
A: a copy or summary of the records within 5 days
B: a copy or summary of the records within 15 days.
C: a copy of the records within 7 days.
D: a copy of the records within 15 days.
, Page | 2
Ans✅ ✅: D: a copy of the records within 15 days.
HIPAA requires health providers to provide patients with copies of their records (PHI)
when the provider receives a written request for the records and there is no lawful
reason for withholding the records. The 15 day requirement for providing the records is
established by Health and Safety Code Section 123110(b). *Note* HIPAA's
requirements with regard to the release of a copy (rather than a summary) of records
takes precedence over state law (H&SC 123110) since HIPAA is more stringent in terms
of providing patients with access to their records.
Question: Your client, age 16, tells you that she started having sexual
relations with her 21 year old boyfriend last week. She says that her
boyfriend told her they wouldn't have sex until she was ready and, after
thinking it over for the past few months, she decided she was ready. In
this situation:
A: statutory rape has occurred and you are required to file a child abuse
report.
B: statutory rape has occurred but you are not required to file a child
abuse report.
C: statutory rape has not occurred but you are required to file a child
abuse report.
D: statutory rape has not occurred and you are not required to file a child
abuse report.
Ans✅ ✅: B: statutory rape has occurred but you are not required to file a child abuse
report.
Statutory rape (unlawful sexual intercourse with a minor) has occurred since the client
is under 18 and not married to her 21 yr old sexual partner. However, you are not
required to file a child abuse report because the client is 16 and the sexual contact with
her boyfriend was consensual, nonabusive, and noncoercive
Question: A woman calls you about counseling for her 12 yr old stepson
who visits them on the weekends. The boy has been despondent and
threatening to kill himself during the last few visits. The woman says the
boy's biological mother does not see any need for counseling and neither
, Page | 3
does the boy's father. She says he really needs some help. Legally, you
should:
A: get consent from both biological parents before seeing the boy
B: get consent from the parent or parents who have legal custody before
seeing the boy.
C: see the boy and have him consent to his own treatment
D see the boy with the stepmother's consent only since it is a emergency
Ans✅ ✅: b get consent from the parent or parents who have legal custody before
seeing the boy
If the biological parents have joint legal custody, you only need the consent of one
parent, thought it is clinically desirable to get consent from both.
Question: An adult meets the legal requirements for a "grave disability"
when, as the result of a mental disorder, he or she is
Ans✅ ✅: unable to provide for his or her own basic needs
Question: You are working with Pearl who is 42 yrs old & a dependent
adult. She tells you that she is being physically abused by a staff member
where she lives. Because Pearl is living in a long-term care facility that is
NOT part of a state mental health hospital or state developmental facility,
you should make a telephone report of abuse to who?
A: adult protective services agency
B: appropriate licensing agency
C: local ombudsman
D: local law enforcement agency
Ans✅ ✅: D: local law enforcement agency
For physical abuse in long-term care facility, phone report to local law enforcement w/i
2 hrs if serious injury, 24 if not serious injury. Follow-up written report to local
ombudsman, licensing agency, and law enforcement w/i 2 hrs if serious injury, 24 hrs if
not serious injury
