Legal Privilege and Confidential Communications Quiz

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Questions and Answers

What is the impact of disclosure of communications by a certified advocate?

It is not a waiver if necessary to accomplish the consultation purpose. (correct)

It prohibits any further disclosures without consent.

It can only be to individuals within the institution.

It always waives the privilege established.

Which of the following statements is true regarding voluntary disclosure of confidential communications?

Offering a significant part of a communication as evidence waives the privilege. (correct)

Commencement of litigation itself counts as voluntary disclosure.

Voluntary disclosure is waived by the presence of the media at executive sessions.

Voluntary disclosure occurs if someone testifies to a physical condition only.

Which proceedings does the privilege apply to?

A combination of civil, criminal, and certain administrative proceedings. (correct)

Only civil proceedings.

Institutional disciplinary proceedings at post-secondary institutions.

Criminal and administrative proceedings exclusively.

What is not considered voluntary disclosure according to the statute?

Disclosure in response to a public records request. Signup and view all the answers

What type of data can be disclosed without violating the privilege?

Aggregate, non-personally identifying data. Signup and view all the answers

What happens if a person voluntarily discloses a significant part of a privileged communication?

The privilege is waived for that communication. Signup and view all the answers

In legal proceedings, when does voluntary disclosure take place?

When a significant part of a privileged communication is presented as evidence. Signup and view all the answers

Which of the following could NOT waive the privilege established under the statute?

The certified advocate disclosing information to another certified advocate. Signup and view all the answers

Who can receive confidential communications from a victim?

Persons present to further the interests of the victim Signup and view all the answers

What defines a 'qualified victim services program'?

A nonprofit community-based program providing specific services to victims Signup and view all the answers

What does the term 'victim' refer to in this context?

A person seeking advocacy services related to specific crimes Signup and view all the answers

What types of records are protected under the privilege described?

Records created or maintained during service provision Signup and view all the answers

Under what circumstance can the privilege of confidentiality be overridden?

In a situation requiring defense in legal actions against the advocate Signup and view all the answers

What is one of the rights established for individuals regarding their protected health information in Oregon?

The right to have their protected health information safeguarded from unlawful use or disclosure. Signup and view all the answers

Which federal regulation complements the policy for protected health information in Oregon?

Health Insurance Portability and Accountability Act (HIPAA) privacy regulations. Signup and view all the answers

What types of services must a qualified victim services program offer?

Safety planning, counseling, support, or advocacy Signup and view all the answers

What does the policy in Oregon state regarding access to facilities related to the system?

Reasonable access is required to facilities, including residents and staff. Signup and view all the answers

Who is excluded from receiving confidential communications from a victim?

Individuals who are not involved in counseling or advocacy Signup and view all the answers

What is not limited by the provisions outlined in the document?

The rights expressed in ORS 192.553 to 192.581. Signup and view all the answers

Which of the following statements about confidentiality is true?

Confidential communications are protected during advocacy and counseling services Signup and view all the answers

What can individuals do with their protected health information according to the policy?

Access and review their protected health information. Signup and view all the answers

What must a mental health care provider do if they assess a minor to be at serious risk of suicide but inpatient treatment is not necessary?

Engage in safety planning with the minor's parents or guardians. Signup and view all the answers

Under what conditions can a mental health care provider disclose a minor's treatment information to a third party?

If they determine it is necessary for the minor's treatment. Signup and view all the answers

What criteria prevents a mental health care provider from disclosing a minor's information to a specific individual?

The provider believes the individual may harm the minor. Signup and view all the answers

What is the role of the minor's consent in the disclosure of treatment information?

Disclosure can proceed if the minor does not object after being given the opportunity. Signup and view all the answers

What is a required action for mental health care providers regarding minor patients and their guardians?

Ensure safety planning involves discussions with guardians if necessary. Signup and view all the answers

What must a mental health care provider consider before disclosing information to individuals involved in a minor's treatment?

The individual's prior behavior and potential threat to the minor. Signup and view all the answers

What is one situation in which a provider is not required to disclose a minor's treatment information?

If disclosure may lead to the individual abusing or neglecting the minor. Signup and view all the answers

What must be determined by the mental health care provider before disclosing a minor's information?

What information is most relevant to disclose. Signup and view all the answers

What does 'history of sexual assault' refer to?

Engaging in unlawful sexual conduct that endangers another person's life. Signup and view all the answers

Which of the following terms describes a person with psychopathic features and a history of sexual assault?

Sexually violent dangerous offender Signup and view all the answers

Under what circumstances does subsection (2) mandate life post-prison supervision?

If the person was 18 or older and a sexually violent dangerous offender. Signup and view all the answers

Which crime listed in subsection (3) involves forcible compulsion of the victim?

Sodomy in the first degree Signup and view all the answers

What is a key requirement for the presentence investigation as stated in ORS 137.767?

The district attorney must motion for it. Signup and view all the answers

What defines a person as incapable of consent according to the specified crimes?

Mental incapacitation or physical helplessness Signup and view all the answers

Which of the following crimes does NOT require post-prison supervision for life?

Disorderly conduct Signup and view all the answers

What does the term 'psychopathic personality features' imply in the context of sexually violent dangerous offenders?

Character traits leading to significant risk of reoffending Signup and view all the answers

What must a court find in order to amend the judgment and impose a lesser sentence?

The petitioner does not present a substantial probability of committing a crime. Signup and view all the answers

How long must pass after the denial of a petition before a person can petition again for a resentencing hearing?

Not less than five years. Signup and view all the answers

Under what circumstances can written accounts of adults in custody be disclosed?

With authorization from the Department of Corrections or by court order. Signup and view all the answers

What constitutes a Class B violation according to ORS 179.495?

Unauthorized disclosure of written accounts. Signup and view all the answers

What is required for the court to retain the authority to modify its judgment and sentence?

A resentencing hearing must be ordered. Signup and view all the answers

What defines 'written accounts' in the context of ORS 179.495?

Official documents maintained by authorized officers. Signup and view all the answers

Which of these is NOT an authorization basis for disclosure under ORS 179.495?

Based on a family member's request. Signup and view all the answers

What can a person sentenced under ORS 137.765 expect after petitioning for resentencing?

A new court hearing to evaluate the petition. Signup and view all the answers

Study Notes

Oregon Revised Statutes (2023) - Practice of Psychology

Statutes pertaining to the practice of psychology in Oregon
Revised 02/24/2024
Document contains a table of contents listing various statutes related to practice of psychology
Includes Oregon Evidence Code privileges, authority of parents, reporting of abuse, records of individuals with disabilities or mental illness, protected health information and reporting of child abuse
Covers specific topics such as sexually violent dangerous offenders, extremely dangerous persons, reporting for adults with mental illness, professional counselors, marriage and family therapists, and conversion therapy.
Also includes general health care provisions, licensing, and penalties.

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Description

Test your knowledge on the legal privileges surrounding confidential communications, especially related to advocates and victims. This quiz will cover key concepts such as voluntary disclosure, applicable proceedings, and the rights of individuals under confidentiality statutes.