Questions and Answers
What does a licensee, registrant, or certificate holder need to avoid disclosing confidential information?
Is a licensee liable for damages if they disclose confidential communication as per subsection (2)(d)?
No
Mandatory disclosure requires a statement indicating that sexual intimacy is never appropriate in a professional relationship.
True
What does FERPA stand for?
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What does HIPAA stand for?
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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; this is part of mandatory disclosure requiring a statement in writing saying the client is entitled to receive information...
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Mandatory disclosure requires a professional review committee to establish whether a review of services can be conducted.
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What are the two conditions where confidential information may be disclosed regarding threats to a school?
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Which requirements does mandatory disclosure include for mental health professionals?
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A review of services can be determined by ______ where the licensee practices.
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Mandatory disclosure requires a statement in writing saying a client may seek __________.
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Study Notes
Disclosure of Confidential Information
- Confidential communications from clients cannot be disclosed without explicit consent from the client.
- Employees or associates of licensed professionals also cannot disclose any knowledge gained during professional capacity.
- Those participating in supervised therapy, such as group sessions, must maintain confidentiality unless consent is given.
Conditions for Disclosure
- Confidential information may be disclosed if a client or their heirs file a complaint against a licensed professional related to care or treatment.
- Disclosure is permissible when a licensed professional consults with other healthcare providers regarding a case under complaint.
- A review of services by an authorized board or group permits the sharing of confidential information.
Reviews of Services
- Authorized review boards may be hospital governing boards or medical staff operating under approved bylaws.
- Professional review committees can disclose information if there is a signed release for the review.
Threats to School Safety
- Confidential information can be disclosed if a client makes threats against a school or its occupants.
- Behaviors that indicate a significant threat to the safety of students or personnel also warrant disclosure.
Reporting and Liability
- Disclosures under threat circumstances should be limited to relevant school personnel and law enforcement, while ensuring confidentiality is maintained.
- Professionals who disclose client information in accordance with safety threats are not liable for civil damages but still have a duty to warn and protect.
Regulatory Framework
- FERPA (Family Educational Rights and Privacy Act) outlines privacy protections for educational records, while HIPAA (Health Insurance Portability and Accountability Act) governs health information.
- "Articulable and significant threat" refers to a defined risk based on observed circumstances that could cause substantial harm.
Mandatory Disclosure Requirements
- Licensees must provide clear information about their qualifications, practices, and regulations governing their profession.
- Clients are entitled to know therapy methods, duration, fees, and have the right to seek second opinions or terminate therapy.
Exceptions to Disclosure
- Mandatory disclosure is not required during emergency psychotherapy or court-ordered evaluations.
- Disclosure is not mandatory if the client is incapable of understanding the information and has no guardian.
- Written disclosure requirements may be waived for clients who are unable to read or write.
Prohibited Activities
- Individuals convicted of felonies or related crimes cannot engage in mental health practice.
- Misleading advertisements or violation of professional regulations are grounds for prohibition from practice.
- Violation attempts are also considered prohibited activities that can affect licensure.
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Description
Test your knowledge of the regulations and ethics surrounding mental health services in Colorado with this exam on confidentiality and disclosure. Perfect for licensees, registrants, or certificate holders in mental health professions, this quiz helps reinforce important legal principles.
