Colorado Mental Health Jurisprudence Practice Exam with Answers (40 Solved Questions)

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Colorado Mental Health JurisprudenceExam(Questions And Answers)Records required to be kept and record retention (DORA)-Correct Answer-SW mustretain record for 7 years from the date of termination. IRecord information on record-CorrectAnswer-name, phi, referral reason, mandatorydisclosure statement.(5) Dates of service including, but not limited to the date of each contact withclient, the date on which services began, and the date of last contact with client;(6) Types of service;(7) Fees;(8) Any release of information;(9) The records must be prepared in a manner that allows any subsequentprovider to reasonably conclude what occurred;(10) Name of any test administered, each date on which the test wasadministered, and the name(s)of the person(s) administering the testInformation oneach referral made to and each consultation with another social worker or other healthcare provider. This information shall include the date of the referral or consultation, thename of the person towhom the client was referred, the name of the person with whomconsultation was sought, the outcome (if known) of the referral, and the outcome (ifknown) of the consultation;(12) A final closing statementRecord storage and transfer-Correct Answer-Need clients consent to transfer andstorage must be confidentail and secureDisposition of records-Correct Answer-disability, illness, death, sale or transfer ofpractice, termination of practiceDestroying records-Correct Answer-Only after 7 years,all identifying informationRecord Keeping in an agency-Correct Answer-A social worker need not create andmaintain separate client records if the social worker practices in an agency orinstitutional setting and the social worker:(1) Sees the client in the usual course of that practice;(2) Keeps client records as required by the agency or institution; and(3) The agency or institution maintains client records.Reporting child abuse-Correct Answer-reasonable cause to know or suspect that achild has been subjected to abuse or neglect or who has observed the child beingsubjected to circumstances or conditions that would reasonably result in abuse orneglect shall immediately upon receiving such information report or cause a report to be

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made of such fact to the county department, the local law enforcement agency, orthrough the child abuse reporting hotline system as set forth in sectionExceptions to reportingabuse-Correct Answer-Learn of the suspected abuse orneglect until after the alleged victim of the suspected abuse or neglect is eighteen yearsof age or older; and(II) Have reasonable cause to know or suspect that the perpetrator of the suspectedabuse or neglect:(A) Has subjected any other child currently under eighteen years of age to abuse orneglect or to circumstances or conditions that would likely result in abuse or neglect; or(B) Is currently in a position of trust, as defined in section 18-3-401 (3.5), C.R.S., withregard to any child currently under eighteen years of age.Elderly abuse reporting-Correct Answer-n and after July 1, 2016, a person specified inparagraph (b) of this subsection (1) who observes the mistreatment of an at-risk elder oran at-risk adult with IDD, or who has reasonable cause to believe that an at-risk elder oran at-risk adult with IDD has been mistreated or is at imminent risk of mistreatment,shall report such fact to a law enforcement agency not more than twenty-four hoursafter making the observation or discovery.Information to know in the report for elderly abuse-Correct Answer-The name, age,address, and contact information of the at-risk elder or at-risk adult with IDD;(II) The name, age, address, and contact information of the person making the report;(III) The name, age, address, and contact information of the caretaker of the at-riskelder or at-risk adult with IDD, if any;(IV) The name of the alleged perpetrator;(V) The nature and extent of any injury, whether physical or financial, to the at-risk elderor at-risk adult with IDD;(VI) The nature and extent of the condition that required the report to be made; and(VII) Any other pertinent information.Consent for BH for minors-Correct Answer-Notwithstanding any other provision of law,a minor who is fifteen years of age or older, whether with or without the consent of aparent or legal guardian, may consent to receive mental health services to be renderedby a facility or by a professional personor mental health professional licensed pursuantto part 3, 4, 5, 6, or 8 of article 43 of title 12, C.R.S., in any practice settingThe need for continuing hospitalization of all voluntary patients who are minors shall beformally reviewed at least every two months.Imminent danger to self or others-Correct Answer-the following persons may act asintervening professionals to effect a seventy-two-hour hold as provided in subsection(1)(a)(I) of this section:(A) A certified peace officer;(B) A professional person;

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(C) A registered professional nurse as defined in section 12-38-103 (11), C.R.S., whoby reason of postgraduate education and additional nursing preparation has gainedknowledge, judgment, and skill in psychiatric or mental health nursing;(D) Alicensed marriage and family therapist, licensed professional counselor, oraddiction counselor licensed under part 5, 6, or 8 of article 43 of title 12, C.R.S., who byreason of postgraduate education and additional preparation has gained knowledge,judgment, and skill in psychiatric or clinical mental health therapy, forensicpsychotherapy, or the evaluation of mental disorders; or(E) A licensed clinical social worker licensed under the provisions of part 4 of article 43of title 12, C.R.S.(I) Whenany person appears to have a mental health disorder and, as a result of suchmental health disorder, appears to be an imminent danger to others or to himself orherself or appears to be gravely disabled, then an intervening professional, as specifiedin subsection (1)(a)(II) of this section, upon probable cause and with such assistance asmay be required, may take the person into custody, or cause the person to be taken intocustody, and placed in a facility designated or approved by the executive directorfor aseventy-two-hour treatment and evaluation.Electronic psychotherapy-Correct Answer-It is recommended that the initial therapeuticcontact be in person and adequate to provide a conclusivediagnosis and therapeutic treatment plan prior to implementing any psychotherapythrough electronicmeans. The mental health professional is expected to establish an ongoing therapeuticrelationshipincluding face-to-face visits on a periodic basis thereafterDisclosure of Confidential information-Correct Answer-A licensee, registrant, orcertificate holder shall not disclose, without the consent of the client, any confidentialcommunications made by the client, or advice given to the client, in the course ofprofessional employment. A licensee's, registrant's,or certificate holder's employee orassociate, whether clerical or professional, shall not disclose any knowledge of saidcommunications acquired in such capacity. Any person who has participated in anytherapy conducted under the supervision of a licensee, registrant, or certificate holder,including group therapy sessions, shall not disclose any knowledge gained during thecourse of such therapy without the consent of the person to whom the knowledgerelates.Disclosure of confidential info part 2-Correct Answer-Subsection (1) of this sectiondoes not apply when:(a) A client or the heirs, executors, or administrators of a client file suit or a complaintagainst a licensee, registrant, or certificate holder on any cause of action arising out ofor connected with the care or treatment of the client by the licensee, registrant, orcertificate holder;

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(b) A licensee, registrant, or certificate holder was in consultation with a physician,registered professional nurse, licensee, registrant, or certificate holder against whom asuit or complaint was filed based on the case out of which said suit or complaint arises;(c) A review of services of a licensee, registrant, or certificate holder is conducted byany of the following:(I) A board or a person or group authorized by the board to make an investigation on itsbehalf;(II) The governing board of a hospital licensed pursuant to part 1 of article 3 of title 25,C.R.S., where the licensee, registrant, or certificate holder practices or the medical staffof suchhospital if the medical staff operates pursuant to written bylaws approved by thegoverning board of the hospital; or(III) A professional review committee established pursuant to section 12-43-203 (11) ifsaid person has signed a release authorizing suchreview;(d) (I) A client, regardless of age:(A) Makes an articulable and significant threat against a school or the occupants of aschool; or(B) Exhibits behaviors that, in the reasonable judgment of the licensee, registrant, orcertificate holder, create an articulable and significant threat to the health or safety ofstudents, teachers, administrators, or other school personnel.(II) A licensee, registrant, or certificate holder who discloses information under thisparagraph (d) shall limit the disclosure to appropriate school or school district personneland law enforcement agencies. School or school district personnel to whom theinformation is disclosed shall maintain confidentiality of the disclosed information,regardless of whether the informationconstitutes an education record subject toFERPA, consistent with the requirements of FERPA and regulations and applicableguidelines adopted under FERPA, but may disclose information in accordance withsection 1232g (b)(1) of FERPA and 34 CFR 99.36 if necessary to protect the health orsafety of students or other persons.(III) A licensee, registrant, or certificate holder who discloses or fails to disclose aconfidential communication with a client in accordance with this paragraph (d) is notliable fordamages in any civil action for disclosing or not disclosing the communication.This subparagraph (III) does not rescind any statutory duty to warn and protect specifiedin, and does not eliminate any potential civil liability for failure to comply with, section13-21-117, C.R.S.Mandatory Discloser-Correct Answer-nitial client contact:(a) The name, business address, and business phone number of the licensee,registrant, or certificate holder;(b)(I) An explanation of the levels of regulation applicable to mental health professionalsunder this article and the differences between licensure, registration, and certification,including the educational, experience, and training requirements applicable to theparticular level of regulation; and(II) A listing of any degrees, credentials, certifications, registrations, and licenses held orcompleted by the licensee, registrant, or certificate holder, including the education,

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experience, and training the licensee, registrant, or certificate holder was requiredtosatisfy in order to complete the degree, credential, certification, registration, or license;(c) A statement indicating that the practice of licensed or registered persons in the fieldof psychotherapy is regulated by the division, and an address andtelephone number forthe board that regulates the licensee, registrant, or certificate holder;(d) A statement indicating that:(I) A client is entitled to receive information about the methods of therapy, thetechniques used, the duration of therapy, if known, and the fee structure;(II) The client may seek a second opinion from another therapist or may terminatetherapy at any time;(III) In a professional relationship, sexual intimacy is never appropriate and should bereported to the board that licenses, registers, or certifies the licensee, registrant, orcertificate holder;(IV) The information provided by the client during therapy sessions is legally confidentialin the case of licensed marriage and family therapists, social workers, professionalcounselors, and psychologists; licensed or certified addiction counselors; and registeredpsychotherapists, except as provided in section 12-43-218 and except for certain legalexceptions that will be identified by the licensee, registrant, or certificate holder shouldany such situation arise during therapy; and(e) If the mental health professional is a registered psychotherapist, a statementindicating that a registered psychotherapist is a psychotherapist listed in the state'sdatabase and is authorized bylaw to practice psychotherapy in Colorado but is notlicensed by the state and is not required to satisfy any standardized educational ortesting requirements to obtain a registration from the state.When mandatory discloser does not apply-Correct Answer-(a) In an emergency;(b) Pursuant to a court order or involuntary procedures pursuant to sections 27-65-105to 27-65-109, C.R.S.;(c) The sole purpose of the professional relationship is for forensic evaluation;(d) The client is in the physical custodyof either the department of corrections or thedepartment of human services and such department has developed an alternativeprogram to provide similar information to such client and such program has beenestablished through rule or regulation;(e) The client is incapable of understanding such disclosure and has no guardian towhom disclosure can be made;(f) By a social worker practicing in a hospital that is licensed or certified under section25-1.5-103 (1)(a)(I) or (1)(a)(II), C.R.S.;(g) By a person licensed or certified pursuant to this article, or by a registeredpsychotherapist practicing in a hospital that is licensed or certified under section 25-1.5-103 (1)(a)(I) or (1)(a)(II), C.R.S.(5) If the client has no written language or is unable to read,an oral explanation shallaccompany the written copy.(6) Unless the client, parent, or guardian is unable to write, or refuses or objects, theclient, parent, or guardian shall sign the disclosure form required by this section not laterthan the second visit with the psychotherapist.

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Prohibited activites-Correct Answer-(a) Has been convicted of or pled guilty or nolocontendere to a felony or received a deferred sentence to a felony charge. each boardis governed by section 24-5-101, C.R.S.(b) Has violated or attempted to violate, directly or indirectly, or assisted or abetted theviolation of, or conspired to violate any provision or term of this article or rulepromulgated pursuant(c) Has used advertising that is misleading, deceptive, or false;(I)Has committed abuse of health insurance pursuant to section 18-13-119, C.R.S.;(II) Has advertised through newspapers, magazines, circulars, direct mail, directories,radio, television, or otherwise that the person will perform any act prohibited(e) Habitually or excessively uses or abuses alcohol, a habit-forming drug, or acontrolled substance,(I) Fails to notify the board that regulates his or her profession of a physical illness; aphysical condition; or a behavioral, mental health, or substance usedisorder that affectsthe person's ability to treat clients with reasonable skill and safety or that may endangerthe health or safety(II) Fails to act within the limitations created by a physical illness; a physical condition;or a behavioral, mental health, or substance use disorder that renders the personunable to treat clients with reasonable skill and safety or that may endanger the healthor safety of persons under his or her care; or(III) Fails to comply with the limitations agreed to under a confidential agreement(g)(I) Has acted or failed to act in a manner that does not meet the generally acceptedstandards of the professional discipline under which the person practices. Generallyaccepted standards may include, at the board's discretion, the standards of practice(II) A certified copy of a malpractice judgment of a court of competent jurisdiction isconclusive evidence that the act or omission does not meet generally acceptedstandards(h) Has performed services outside of such person's area of training,(i) Hasmaintained relationships with clients that are likely to impair such person'sprofessional judgment or increase the risk of client exploitation,(j) Has exercised undue influence on the client, including the promotion of the sale ofservices, goods, property, or drugs in such a manner as to exploit the client for thefinancial gain of the practitioner or a third party;(k) Has failed to terminate a relationship with a client when it was reasonably clear thatthe client was not benefitting from the relationship a(l) Has failed to refer a client to an appropriate practitioner when the problem of theclient is beyond such person's training,(m) Has failed to obtain a consultation or perform a referral when such failure is notconsistent with generally accepted(n) Has failed to render adequate professional supervision of persons practicingpursuant to this article under such person's supervision according to generally acceptedstandards of practice;(o) Has accepted commissions or rebates(p) Has failed to comply with any of the requirements pertaining to mandatory disclosureof information to clients

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