Download Colorado Mental Health Jurisprudence Exam 2025/2026 Questions and Answers Rated A+ and more Exams Law in PDF only on Docsity!
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. 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
Colorado Mental Health Jurisprudence
Exam 2025/2026 Questions and Answers
Rated A+
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 the licensee, 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
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. ✔✔...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. 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 disclosed to any person not directly involved in the review process, and procedures shall be adopted by a board, hospital, association, or society to ensure that 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.
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 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). 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
Exception: Mandatory disclosure of information is NOT required when psychotherapy is being administered by a social worker practicing in... ✔✔...a hospital that is licensed or certified under section 25 - 1.5- 103 (1)(a)(I) or (1)(a)(II); 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). 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 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 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
