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Colorado Mental Health Jurisprudence Exam Questions And Answers 2023/2024 Rated A+

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Colorado Mental Health Jurisprudence Exam Questions And Answers 2023/2024 Rated A+. Records required to be kept and record retention (DORA) - Correct Answer-SW must retain record for 7 years from the date of termination. I Record information on record - Correct Answer-name, phi, referral reason, mandatory disclosure statement. (5) Dates of service including, but not limited to the date of each contact with client, 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 subsequent provider to reasonably conclude what occurred; (10) Name of any test administered, each date on which the test was administered, and the name(s) of the person(s) administering the testInformation on each referral made to and each consultation with another social worker or other health care provider. This information shall include the date of the referral or consultation, the name of the person to whom the client was referred, the name of the person with whom consultation was sought, the outcome (if known) of the referral, and the outcome (if known) of the consultation; (12) A final closing statement Record storage and transfer - Correct Answer-Need clients consent to transfer and storage must be confidentail and secure Disposition of records - Correct Answer-disability, illness, death, sale or transfer of practice, termination of practice Destroying records - Correct Answer-Only after 7 years, all identifying information Record Keeping in an agency - Correct Answer-A social worker need not create and maintain separate client records if the social worker practices in an agency or institutional 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 a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions that would reasonably result in abuse or neglect shall immediately upon receiving such information report or cause a report to be made of such fact to the county department, the local law enforcement agency, or through the child abuse reporting hotline system as set forth in section Exceptions to reporting abuse - Correct Answer-Learn of the suspected abuse or neglect until after the alleged victim of the suspected abuse or neglect is eighteen years of age or older; and (II) Have reasonable cause to know or suspect that the perpetrator of the suspected abuse or neglect: (A) Has subjected any other child currently under eighteen years of age to abuse or neglect 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., with regard to any child currently under eighteen years of age. Elderly abuse reporting - Correct Answer-n and after July 1, 2016, a person specified in paragraph (b) of this subsection (1) who observes the mistreatment of an at-risk elder or an at-risk adult with IDD, or who has reasonable cause to believe that an at-risk elder or an 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 hours after 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-risk elder 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 elder or 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 a parent or legal guardian, may consent to receive mental health services to be rendered by a facility or by a professional person or mental health professional licensed pursuant to part 3, 4, 5, 6, or 8 of article 43 of title 12, C.R.S., in any practice setting The need for continuing hospitalization of all voluntary patients who are minors shall be formally reviewed at least every two months. Imminent danger to self or others - Correct Answer-the following persons may act as intervening 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; (C) A registered professional nurse as defined in section 12-38-103 (11), C.R.S., who by reason of postgraduate education and additional nursing preparation has gained knowledge, judgment, and skill in psychiatric or mental health nursing; (D) A licensed marriage and family therapist, licensed professional counselor, or addiction counselor licensed under part 5, 6, or 8 of article 43 of title 12, C.R.S., who by reason of postgraduate education and additional preparation has gained knowledge, judgment, and skill in psychiatric or clinical mental health therapy, forensic psychotherapy, or the evaluation of mental disorders; or (E) A licensed clinical social worker licensed under the provisions of part 4 of article 43 of title 12, C.R.S. (I) When any person appears to have a mental health disorder and, as a result of such mental health disorder, appears to be an imminent danger to others or to himself or herself or appears to be gravely disabled, then an intervening professional, as specified in subsection (1)(a)(II) of this section, upon probable cause and with such assistance as may be required, may take the person into custody, or cause the person to be taken into custody, and placed in a facility designated or approved by the executive director for a seventy-two-hour treatment and evaluation. Electronic psychotherapy - Correct Answer-It is recommended that the initial therapeutic contact be in person and adequate to provide a conclusive diagnosis and therapeutic treatment plan prior to implementing any psychotherapy through electronic means. The mental health professional is expected to establish an ongoing therapeutic relationship including face-to-face visits on a periodic basis thereafter Disclosure of Confidential information - Correct Answer-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 said communications acquired in such 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 such therapy without the consent of the person to whom the knowledge relates. Disclosure of confidential info part 2 - Correct Answer-Subsection (1) of this section does not apply when: (a) 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; (b) 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 said suit or complaint arises; (c) A review of services of a licensee, registrant, or certificate holder is conducted by any of the following: (I) A board or a person or group authorized by the board to make an investigation on its behalf; (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 staff of such hospital if the medical staff operates pursuant to written bylaws approved by the governing board of the hospital; or (III) A professional review committee established pursuant to section 12-43-203 (11) if said person has signed a release authorizing such review; (d) (I) A client, regardless of age: (A) Makes an articulable and significant threat against a school or the occupants of a school; or (B) Exhibits behaviors that, in the reasonable judgment of the licensee, registrant, or certificate holder, create an articulable and significant threat to the health or safety of students, teachers, administrators, or other school personnel. (II) A licensee, registrant, or certificate holder who discloses information under this paragraph (d) 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. (III) A licensee, registrant, or certificate holder who discloses or fails to disclose a confidential communication with a client in accordance with this paragraph (d) is not liable for damages in any civil action for disclosing or not disclosing the communication. This subparagraph (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, 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 professionals under this article and the differences between licensure, registration, and certification, including the educational, experience, and training requirements applicable to the particular level of regulation; and (II) A listing of any degrees, credentials, certifications, registrations, and licenses held or completed by the licensee, registrant, or certificate holder, including the education, experience, and training the licensee, registrant, or certificate holder was required to satisfy 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 field of psychotherapy is regulated by the division, and an address and telephone number for the 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, the techniques used, the duration of therapy, if known, and the fee structure; (II) The client may seek a second opinion from another therapist or may terminate therapy at any time; (III) 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; (IV) The information provided by the client during therapy sessions is legally confidential in the case of licensed marriage and family therapists, social workers, professional counselors, and psychologists; licensed or certified addiction counselors; and registered psychotherapists, except as provided in section 12-43-218 and except for certain legal exceptions that will be identified by the licensee, registrant, or certificate holder should any such situation arise during therapy; and (e) If the mental health professional is a registered psychotherapist, a statement indicating that a registered 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. When mandatory discloser does not apply - Correct Answer-(a) In an emergency; (b) Pursuant to a court order or involuntary procedures pursuant to sections 27-65-105 to 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 custody of either the department of corrections or the department of human services and such department has developed an alternative program to provide similar information to such client and such program has been established through rule or regulation; (e) The client is incapable of understanding such disclosure and has no guardian to whom disclosure can be made; (f) 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), C.R.S.; (g) By a person licensed or certified pursuant to this article, or by a registered psychotherapist 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 shall accompany the written copy. (6) Unless the client, parent, or guardian is unable to write, or refuses or objects, the client, parent, or guardian shall sign the disclosure form required by this section not later than the second visit with the psychotherapist. Prohibited activites - Correct Answer-(a) Has been convicted of or pled guilty or nolo contendere to a felony or received a deferred sentence to a felony charge. each board is governed by section 24-5-101, C.R.S. (b) Has violated or attempted to violate, directly or indirectly, or assisted or abetted the violation of, or conspired to violate any provision or term of this article or rule promulgated 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 a controlled substance, (I) Fails to notify the board that regulates his or her profession of a physical illness; a physical condition; or a behavioral, mental health, or substance use disorder that affects the person's ability to treat clients with reasonable skill and safety or that may endanger the 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 person unable to treat clients with reasonable skill and safety or that may endanger the health or 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 accepted standards of the professional discipline under which the person practices. Generally accepted 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 is conclusive evidence that the act or omission does not meet generally accepted standards (h) Has performed services outside of such person's area of training, (i) Has maintained relationships with clients that are likely to impair such person's professional judgment or increase the risk of client exploitation, (j) Has exercised undue influence on the client, including the promotion of the sale of services, goods, property, or drugs in such a manner as to exploit the client for the financial gain of the practitioner or a third party; (k) Has failed to terminate a relationship with a client when it was reasonably clear that the client was not benefitting from the relationship a (l) Has failed to refer a client to an appropriate practitioner when the problem of the client is beyond such person's training, (m) Has failed to obtain a consultation or perform a referral when such failure is not consistent with generally accepted (n) Has failed to render adequate professional supervision of persons practicing pursuant to this article under such person's supervision according to generally accepted standards of practice; (o) Has accepted commissions or rebates (p) Has failed to comply with any of the requirements pertaining to mandatory disclosure of information to clients

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