Colorado Mental Health Jurisprudence Exam - SPT 2024
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A regulated professional has reasonable cause to believe an at-risk elder is at imminent risk of mistreatment. Under the Colorado Revised Statutes, what is the mental health practitioner required to do?

The mental health practitioner must report the suspected mistreatment to law enforcement within 24 hours. This can be done by contacting local law enforcement or the county department of human services' Adult Protective Services (APS).

What is the requirement for a regulated professional who is referred by the applicable board to a peer health assistance program?

Any mental health professional who is referred by the applicable board to a peer health assistance program shall enter into a stipulation with the board pursuant to section 12-43-223 (6) before participating in the program.

A regulated professional violates the Colorado Mental Health Act if he or she does which of the following?

  • Promotes the sales of goods (correct)
  • Engages in activities such as diagnosing or prescribing drugs if not authorized
  • Provides therapy to a person he or she employs
  • Administers unnecessary treatment without clinical justification
  • A regulated professional administers, scores, and interprets a battery of three or more tests to determine the presence or extent of a client's cognitive impairment. Which of the following are required to lawfully engage in this ADVANCED USE of testing?

    <p>Certification in the advanced use of Testing by a qualified testing organization approved by the applicable board</p> Signup and view all the answers

    Which of the following is a prohibited activity or provides conclusive evidence of a violation of the state's Mental Health Practice Act?

    <p>a certified copy of a malpractice judgment issued by a court with jurisdiction over a regulated professional</p> Signup and view all the answers

    A regulated professional who has direct knowledge of a prohibited activity by another regulated professional has a duty to report the violation to the applicable board under which of the following conditions?

    <p>When the regulated professional is contacted by the applicable board and asked to provide the information</p> Signup and view all the answers

    Which one of the following is applicable when a board has reasonable grounds to believe that a regulated professional has committed any act or failed to act pursuant to the grounds established in CRS § 12-245-224 or CRS § 12-245-228?

    <p>A regulated professional who holds more than one credential under the state's Mental Health Practice Act is subject to disciplinary action by all boards that regulate him or her per the findings, conclusions, and final agency order of the first board to take disciplinary action.</p> Signup and view all the answers

    Which of the following are subject to regulation by the mental health boards set forth in Title 12 ("Professions and Occupations"), Article 245 ("Mental Health") of the Colorado Revised Statutes ("Mental Health Practice Act")?

    <p>Employment or rehabilitation counselors practicing psychotherapy</p> Signup and view all the answers

    A mental health professional licensed, certified, or registered in Colorado is authorized to do which of the following?

    <p>Practice within his or her area of training, experience, or competence</p> Signup and view all the answers

    A mandatory disclosure of information to a client:

    <p>May include the therapist's fees and client's responsibilities in the treatment process</p> Signup and view all the answers

    A regulated professional holds a mental health credential in Colorado. This is the only credential the individual holds in Colorado. The regulated professional violates the Colorado Mental Health Practice Act if he/she engages in which of the following?

    <p>Engages in activities such as diagnosing or prescribing drugs if not authorized</p> Signup and view all the answers

    If a regulated professional violates an administrative requirement of the Mental Health Practice Act, the appropriate board may:

    <p>impose an administrative fine NOT to exceed five thousand dollars ($5000) per violation.</p> Signup and view all the answers

    A prohibited dual relationship is most likely to exist when a regulated mental health professional does which of the following?

    <p>Provides therapy to a person he or she employs</p> Signup and view all the answers

    A regulated professional violates the Colorado Mental Health Practice Act if the person does which of the following?

    <p>Non-compliance with mandatory disclosure requirements</p> Signup and view all the answers

    If faced with a problem regarding the collection of fees, a regulated mental health professional:

    <p>May use a collection agency and should indicate that he/she uses the services of a collection agency on his/her mandatory disclosure statement.</p> Signup and view all the answers

    Which of the following may authorize an involuntary seventy-two-hour hold, provided he or she has gained knowledge, judgment, and skill through postgraduate education and additional preparation in psychiatric or clinical mental health therapy, forensic psychotherapy, or the evaluation of mental disorders?

    <p>Licensed Professional Counselor</p> Signup and view all the answers

    Which of the following are correct regarding Board Rules?

    <p>Legally enforceable</p> Signup and view all the answers

    According to the Colorado Mental Health statute, which of the following fall within the definition of "psychotherapy" and/or the general assembly's intent for interpreting the definition of psychotherapy?

    <p>Psychotherapy is a means of facilitating change to improve a client's quality of life</p> Signup and view all the answers

    A regulated professional shall have established which of the following for client records?

    <p>A plan for the disposition of client records in the event the regulated professional terminates, sells, or transfers his/her practice</p> Signup and view all the answers

    Which of the following are accurate regarding confidential communications under the Colorado Mental Health Act?

    <p>Complaint exception to consent</p> Signup and view all the answers

    Which of the following require client consent prior to the disclosure of communication made by the client to the provider during the course of the provider's professional employment?

    <p>Licensed Addiction Counselor</p> Signup and view all the answers

    The mandatory disclosure of information to clients is required when psychotherapy is being administered under which of the following conditions?

    <p>If services are provided by two or more mental health professionals</p> Signup and view all the answers

    The following are subject to disciplinary actions by the regulatory authorities established in Title 12 ("Professions and Occupations"), Article 245 ("Mental Health") of the Colorado Revised Statutes ("Mental Health Practice Act")?

    <p>Licensed Clinical Social Worker</p> Signup and view all the answers

    A regulated professional is contacted by an individual he/she is NOT qualified to treat. Which of the following is required by the Mental Health Practice Act?

    <p>obtain consultation or perform a referral to an appropriate practitioner.</p> Signup and view all the answers

    If a regulated professional has a physical illness; a physical condition; or behavioral, mental health, or substance abuse disorder that renders him or her unable to practice with reasonable skill and safety to clients, he or she shall

    <p>notify the board that regulates his or her profession of the illness, condition, or disorder in a manner and within a period determined by his or her oversight board.</p> Signup and view all the answers

    A regulated professional may be examined as a witness in court proceedings involving a client under which of the following situations?

    <p>with the consent of the client to whom the testimony relates</p> Signup and view all the answers

    A complaint or an investigation discloses an instance of misconduct by a regulated professional that in the opinion of the board warrants formal action. After a hearing/mediation is conducted pursuant to CRS § 24-4-105 and CRS § 12-20-403 and the complaint is NOT dismissed, the board may resolve the matter by taking any of following actions EXCEPT:

    <p>Entering into a deferred settlement, action, or judgment</p> Signup and view all the answers

    An out-of-state relative of a client wants to talk with you about the client. You should:

    <p>obtain the client's consent before speaking with the relative or acknowledging the client is in treatment.</p> Signup and view all the answers

    Which of the following are required regarding client record keeping?

    <p>Records should include, as applicable, the client's reason for seeking services</p> Signup and view all the answers

    Which of the following persons, if they have reasonable cause to know or suspect that a child has been subjected to abuse or neglect, shall immediately report or cause a report to be made of such fact to the county department or local law enforcement agency?

    <p>Licensed Professional Counselor</p> Signup and view all the answers

    A regulated professional commits a prohibited activity if he/she does which of the following?

    <p>Habitual or excessive use of alcohol or controlled substances</p> Signup and view all the answers

    Which of the following are prohibited activities for a regulated professional?

    <p>Not responding, in the manner required by the board, to a complaint filed against the regulated professional</p> Signup and view all the answers

    Termination of a therapeutic relationship when it is reasonably clear that the client is NOT benefitting from the relationship and is NOT likely to gain such benefit in the future is: in compliance with the state's Mental Health Act.

    <p>True</p> Signup and view all the answers

    Which situations would a regulated professional be liable for damages in any civil action for failure to warn or protect any person against a client's past, present, or future behavior?

    <p>When a regulated professional fails to initiate an involuntary 72-hour hold (with a practitioner who has authority to do so, if applicable) after conducting an evaluation that determines the person appears to be an imminent danger to others</p> Signup and view all the answers

    If a board demonstrates that a regulated professional has been or is committing any act prohibited by the Mental Health Practice Act, a court with jurisdiction over this individual:

    <p>may enjoin the regulated professional from practicing in lieu of penalties and other remedies provided in Article 245 of Title 12, C.R.S.</p> Signup and view all the answers

    The Mental Health Practice Act requires which of the following of a regulated professional who has a complaint filed against him or her?

    <p>to respond in the manner required by the board to the complaint</p> Signup and view all the answers

    A regulated professional is obligated to:

    <p>notify the appropriate board within sixty days after a malpractice claim is settled or a judgment is rendered by a court with jurisdiction over him or her.</p> Signup and view all the answers

    A regulated professional has direct knowledge that another regulated professional violated a provision of the Colorado Mental Health Practice Act. In addition to disclosures required by law, the regulated professional has a duty to report the violation to the applicable board:

    <p>Unless reporting the violation would violate the prohibition against disclosure</p> Signup and view all the answers

    Per board rules, which of the following apply to a professional who is regulated under Article 245 of Title 12, C.R.S.?

    <p>notify the Division by mail, fax, e-mail, or through the online services portal, of any name, telephone number, or address change within thirty (30) days of such change</p> Signup and view all the answers

    Which of the following are correct regarding an application for an initial credential or an application for renewal or reinstatement of a credential?

    <p>The applicant shall complete and maintain an up-to-date online Healthcare Professions Profile in accordance with the Michael Skolnik Medical Transparency Act of 2010</p> Signup and view all the answers

    Which one of the following is NOT a violation of the Colorado Mental Health Practice Act?

    <p>Disclosing confidential communications without a client's consent if the disclosure is to a mental health board investigating a complaint filed by the client against the regulated professional</p> Signup and view all the answers

    Which of the following may be applicable if a regulated MH professional practices beyond the grace period on an expired credential?

    <p>Damages for injury and death</p> Signup and view all the answers

    Study Notes

    Colorado Mental Health Jurisprudence Exam - Study Notes (SPT 2024)

    • Imminent Elder Mistreatment: If a practitioner suspects imminent elder mistreatment, they must report to law enforcement or APS within 24 hours.

    • Peer Health Assistance Program: Professionals referred to a peer assistance program must stipulate with the board as per section 12-43-223 (6).

    • Prohibited Activities (General): Promoting the sale of goods and performing actions outside one's scope of practice are prohibited.

    • Advanced Testing Use: To administer, score, and interpret three or more cognitive impairment tests legally, a professional must fulfil criteria 1, 3, 4, and 5.

    • Evidence of Violation (Specific): Disciplinary actions from other states (similar grounds), malpractice judgments, and felony guilty pleas are conclusive evidence of violations (items 1, 2, and 4).

    • Reporting Prohibited Activities: Regulated professionals with direct knowledge of violations must report to the applicable board under certain conditions (1, 2, 4, and 5).

    • Disciplinary Action (Multiple Credentials): If a professional holds multiple credentials and a board takes action, all applicable boards face disciplinary action following the first board's findings.

    • Scope of Regulation (Professionals): The Mental Health Practice Act regulates mental health professionals with provisional licenses, employment/rehabilitation counselors practicing psychotherapy, and licensed school psychologists practicing psychotherapy outside a school setting (1, 3, and 5 only).

    • Authorized Activities (General): Forming professional service corps for psychotherapy, delivering services through technology/modalities (complying with the act), and practicing within training/experience are permitted (1, 2, and 5 only).

    • Mandatory Client Disclosures: Various circumstances (multiple providers, minors, state facilities, initial contact) trigger mandatory disclosures (1, 2, 3, 4, and 5).

    • Unauthorized Activities (Specific): Administering unnecessary treatment or engaging in unauthorized diagnosis/prescribing drugs are violations (3 and 5 only).

    • Client Record Content: Client records must include reason for services, disclosures/service types/fees/release of information, closing statement/final details, legible records for future providers, therapist details, client data, and details from any tests (1, 2, 3, 4, 5, and 6).

    • Administrative Fines: Boards can fine professionals up to $5,000 per violation.

    • Prohibited Dual Relationships: Examples include offering services to a business partner's spouse, treating an indirect employee, or receiving services from an existing client. (2, 4, 5, and 6)

    • Prohibited Activities (Comprehensive List): Failure to notify the board, non-compliance with mandated disclosure, accepting commissions/rebates, unauthorized practices, failing to obtain referrals, and fraudulent credentials (1, 2, 3, 4, 5, and 6).

    • Fee Collection: Collection agencies are permissible, with disclosure on mandatory statements.

    • Involuntary Holds (Specific Types): Licensed Clinical Social Workers, Licensed Professional Counselors, Licensed Marriage and Family Therapists, and Licensed Addiction Counselors can authorize 72-hour holds following advanced training (2, 4, 5, and 6 only).

    • Board Rules: Board rules are legally binding, impact all regulated professionals, and enforce board powers (1, 3, and 6 only).

    • Psychotherapy Definition: The Act's definition of psychotherapy includes factors outlined in the card's details (1, 2, 3, 4, and 5).

    • Record Disposition: A plan for handling records upon practice termination, sale, or transfer is mandatory.

    • Confidential Communications: Disclosures are required by law, complaints allow exceptions to consent, client employee confidentiality, and reviews allow exceptions to consent. ( 1, 2, 3, 4, and 5).

    • Client Consent for Disclosure: All professionals (1, 2, 3, 4, 5, and 6) need client consent for communication disclosure.

    • Mandatory Disclosures (Multiple Conditions): All listed conditions (1, 2, 3, 4, and 5) trigger mandatory disclosure requirements under the Colorado Mental Health Practice Act.

    • Scope of Regulation (Comprehensive): The Act regulates various professionals (1, 2, 3, 4, 5, 6, and 7).

    • Consultation/Referral Requirements: If a professional is contacted by an unqualified individual, they must consult or refer (for the appropriate practitioner).

    • Board Notification of Conditions: Professionals with conditions impacting practice must notify the appropriate board according to its guidelines.

    • Witness Testimony: Client consent is needed for professional testimony in court cases.

    • Board Actions (No Deferred Settlement): In formal misconduct cases, boards cannot use a deferred settlement/resolution.

    • Relative Inquiries: Obtain client consent before communicating with client relatives.

    • Specific Client Record Requirements: Specific details and requirements for client records are outlined in the cards. (2, 3, and 4 only).

    • Child Abuse Reporting (Mandated): Various professionals must report suspected child abuse/neglect (1, 2, 3, 4, and 6).

    • Prohibited Activities (Specific Examples): Neglecting mandatory disclosures, substance abuse, lack of malpractice insurance (2, 3, and 4).

    • Termination of Therapy: Termination is permitted when the client is not benefitting and unlikely to do so.

    • Liability for Failure to Warn or Protect: Liability may occur when there is failure to initiate involuntary holds or a client expresses intent to harm with the means to do so (2 and 4 only).

    • Injunction Authority (Court Actions): Courts can enjoin unprofessional practice.

    • Response to Complaints: Professionals must respond to complaints.

    • Malpractice Claim Reporting: Professionals must notify the board within 60 days of malpractice settlement/court judgment.

    • Reporting Violations (Exceptions): Disclosures to boards about a colleague's violation need an exception (unless prohibited reporting).

    • Credential Renewal/Changes: Professionals must notify the Division of changes (name, number) within 30 days (1), nonrenewals are treated as expired (2, 4).

    • Credential Application (Verification): Applications require updated profiles, investigations by the board, verification of information, and documentation of disciplinary actions (1, 2, 3, and 4).

    • Non-Violation: Disclosing confidential communications to a mental health board during an investigation is allowed.

    • Consequences of Practicing Without Renewal: Damages, misdemeanors, and financial recovery possibilities are possible outcomes for unregistered practice. (1, 2, and 3 only).

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    Prepare for the Colorado Mental Health Jurisprudence Exam with these study notes. This quiz covers essential topics such as elder mistreatment reporting, peer assistance programs, and prohibited professional activities. Ensure you are well-informed to meet the legal standards in mental health practice.

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