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Questions and Answers
At what age can a minor be considered self-sufficient for medical and dental treatment?
At what age can a minor be considered self-sufficient for medical and dental treatment?
What is one of the criteria for a minor to be considered self-sufficient?
What is one of the criteria for a minor to be considered self-sufficient?
Under what circumstances can a minor legally consent to treatment without parental consent?
Under what circumstances can a minor legally consent to treatment without parental consent?
What does 'self-sufficient minor' mean in this context?
What does 'self-sufficient minor' mean in this context?
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What does the law stipulate regarding the minimum age for a minor to consent to treatment without parental consent?
What does the law stipulate regarding the minimum age for a minor to consent to treatment without parental consent?
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Can a self-sufficient minor's parent or guardian be held liable for the care provided?
Can a self-sufficient minor's parent or guardian be held liable for the care provided?
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What must providers using electronic record keeping systems ensure?
What must providers using electronic record keeping systems ensure?
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Who is entitled to inspect and/or obtain a copy of treatment records after presenting a written request?
Who is entitled to inspect and/or obtain a copy of treatment records after presenting a written request?
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When can a parent or guardian be denied access to a minor's treatment record?
When can a parent or guardian be denied access to a minor's treatment record?
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Under what circumstances may a patient be denied access to their treatment records?
Under what circumstances may a patient be denied access to their treatment records?
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Who can the therapist permit inspection of the records by, or provide copies of the records to?
Who can the therapist permit inspection of the records by, or provide copies of the records to?
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Within how many working days must the provider generally permit inspection of the records after a written request is received?
Within how many working days must the provider generally permit inspection of the records after a written request is received?
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How much should copies of the treatment records cost per page?
How much should copies of the treatment records cost per page?
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What does California law state about offering a treatment summary for the patient?
What does California law state about offering a treatment summary for the patient?
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What is considered lewd or lascivious acts according to the text?
What is considered lewd or lascivious acts according to the text?
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Under what section of the Penal Code is any sexual intercourse between an adult and a minor under the age of 18 considered statutory rape?
Under what section of the Penal Code is any sexual intercourse between an adult and a minor under the age of 18 considered statutory rape?
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What is the age requirement for a person to engage in sexual intercourse with a partner who is under 16 years of age according to the text?
What is the age requirement for a person to engage in sexual intercourse with a partner who is under 16 years of age according to the text?
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In what situation is a report mandated when a 15-year-old has had consensual sex with a 21-year-old?
In what situation is a report mandated when a 15-year-old has had consensual sex with a 21-year-old?
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What does case law make clear about consensual lewd and lascivious conduct between minors under age 14?
What does case law make clear about consensual lewd and lascivious conduct between minors under age 14?
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What constitutes 'sexual assault' according to Section 288c?
What constitutes 'sexual assault' according to Section 288c?
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What are the civil penalties for statutory rape according to the text?
What are the civil penalties for statutory rape according to the text?
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What does Section 261.5 of the Penal Code state about unlawful sexual intercourse with a minor?
What does Section 261.5 of the Penal Code state about unlawful sexual intercourse with a minor?
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When in doubt about whether to report sexual conduct involving minors, what should a mandated reporter do according to the text?
When in doubt about whether to report sexual conduct involving minors, what should a mandated reporter do according to the text?
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What does the Tarasoff ruling state about a therapist's duty to protect?
What does the Tarasoff ruling state about a therapist's duty to protect?
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According to the Tarasoff statute, what is the therapist's duty in the event of a patient communicating a serious threat of physical violence against an identifiable victim?
According to the Tarasoff statute, what is the therapist's duty in the event of a patient communicating a serious threat of physical violence against an identifiable victim?
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Under what conditions can Section 5585 of the Welfare and Institutions Code be implemented?
Under what conditions can Section 5585 of the Welfare and Institutions Code be implemented?
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What does grave disability refer to under Section 5150 of the Welfare and Institutions Code?
What does grave disability refer to under Section 5150 of the Welfare and Institutions Code?
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When can a person be certified for up to 14 days of intensive treatment under Section 5250 of the Welfare and Institutions Code?
When can a person be certified for up to 14 days of intensive treatment under Section 5250 of the Welfare and Institutions Code?
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Which holds are available for patients who remain a danger to self, danger to others, or gravely disabled after initial involuntary confinement under Section 5150 or 5585, and Section 5250?
Which holds are available for patients who remain a danger to self, danger to others, or gravely disabled after initial involuntary confinement under Section 5150 or 5585, and Section 5250?
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What did the Court of Appeal, Second District state about communications from family members in the Ewing v. Goldstein case?
What did the Court of Appeal, Second District state about communications from family members in the Ewing v. Goldstein case?
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In what situation does the Tarasoff statute state that there is a duty to warn, protect, and predict?
In what situation does the Tarasoff statute state that there is a duty to warn, protect, and predict?
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What is the duty of a therapist under the Tarasoff statute when a patient directly communicates a serious threat of violence against an identifiable victim?
What is the duty of a therapist under the Tarasoff statute when a patient directly communicates a serious threat of violence against an identifiable victim?
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According to Section 5250 of the Welfare and Institutions Code, when can a person be certified for up to 14 days of intensive treatment?
According to Section 5250 of the Welfare and Institutions Code, when can a person be certified for up to 14 days of intensive treatment?
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Under what circumstances can Section 5585 of the Welfare and Institutions Code be implemented?
Under what circumstances can Section 5585 of the Welfare and Institutions Code be implemented?
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What does Welfare and Institutions Code Section 5260 allow for at the expiration of the 14-day hold (5250)?
What does Welfare and Institutions Code Section 5260 allow for at the expiration of the 14-day hold (5250)?
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According to Welfare and Institutions Code Section 5270.15, what happens at the end of the 30-day hold (5250)?
According to Welfare and Institutions Code Section 5270.15, what happens at the end of the 30-day hold (5250)?
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What does Welfare and Institutions Code Section 5300 allow for at the expiration of the 14-day hold (5250)?
What does Welfare and Institutions Code Section 5300 allow for at the expiration of the 14-day hold (5250)?
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What is considered a mandated report under the California Penal Code (Sections 11164 – 11166) regarding child abuse?
What is considered a mandated report under the California Penal Code (Sections 11164 – 11166) regarding child abuse?
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What is not considered a mandated report under the California Penal Code regarding child abuse?
What is not considered a mandated report under the California Penal Code regarding child abuse?
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What types of child abuse are included in the definition according to the text?
What types of child abuse are included in the definition according to the text?
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When does a child abuse report become mandated according to the text?
When does a child abuse report become mandated according to the text?
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At what age can a minor consent to medical care related to the prevention or treatment of pregnancy without parental consent?
At what age can a minor consent to medical care related to the prevention or treatment of pregnancy without parental consent?
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Under what circumstances can a minor 12 years of age or older legally consent to medical care related to diagnosis or treatment of a communicable or sexually transmitted disease without parental consent?
Under what circumstances can a minor 12 years of age or older legally consent to medical care related to diagnosis or treatment of a communicable or sexually transmitted disease without parental consent?
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What does California law require regarding the maintenance of treatment records for minors?
What does California law require regarding the maintenance of treatment records for minors?
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What medical care can a minor 12 years of age or older consent to without parental consent?
What medical care can a minor 12 years of age or older consent to without parental consent?
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Under what circumstances can a minor of any age consent to medical care related to a sexual assault without parental consent?
Under what circumstances can a minor of any age consent to medical care related to a sexual assault without parental consent?
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What is required on each patient visit according to APA's Record Keeping Guidelines?
What is required on each patient visit according to APA's Record Keeping Guidelines?
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What is considered intimate partner violence according to the given text?
What is considered intimate partner violence according to the given text?
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When can a health care provider not inform a minor’s parent/guardian about their involvement in intimate partner violence?
When can a health care provider not inform a minor’s parent/guardian about their involvement in intimate partner violence?
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Study Notes
Minors and Medical Treatment
- A minor is considered self-sufficient for medical and dental treatment if they meet certain criteria, including being 15 years old or older, living apart from parents, and supporting themselves financially.
- A self-sufficient minor can legally consent to treatment without parental consent.
Treatment Records
- Providers using electronic record keeping systems must ensure confidentiality and security of records.
- The parent or guardian is entitled to inspect and/or obtain a copy of treatment records after presenting a written request.
- A parent or guardian can be denied access to a minor's treatment record if the minor is self-sufficient or if the record contains information about the parent or guardian.
Confidenciality and Disclosure
- A therapist can permit inspection of records or provide copies to the patient, the parent or guardian, or a qualified third party with the patient's written consent.
- Providers must permit inspection of records within 5 working days of receiving a written request.
- Copies of treatment records cannot cost more than 25 cents per page.
California Law and Sexual Conduct
- In California, a minor under 18 cannot consent to sexual intercourse with an adult.
- Lewd or lascivious acts include sexual intercourse, sodomy, or oral copulation with a minor.
- Consensual sexual conduct between minors under 14 is considered lewd and lascivious conduct.
- Section 261.5 of the Penal Code states that unlawful sexual intercourse with a minor is a felony.
Reporting and Mandated Reporting
- Mandated reporters must report suspected child abuse or neglect.
- A mandated reporter who fails to report suspected child abuse or neglect can be liable for damages.
- When in doubt about reporting, a mandated reporter should err on the side of reporting.
Tarasoff Ruling and Duty to Protect
- The Tarasoff ruling states that a therapist has a duty to protect an identifiable victim from a patient's threats.
- A therapist must take reasonable steps to protect the victim, including warning the victim or contacting authorities.
Welfare and Institutions Code
- Section 5150 of the Welfare and Institutions Code allows for a person to be detained for up to 72 hours for evaluation and treatment if they are a danger to themselves or others or gravely disabled.
- Section 5250 allows for a person to be certified for up to 14 days of intensive treatment.
- Section 5585 allows for extended detention for intensive treatment.
Involuntary Confinement
- A person can be certified for up to 14 days of intensive treatment if they are a danger to themselves or others or gravely disabled.
- A person can be held for up to 30 days if they remain a danger to themselves or others or gravely disabled.
- A person can be held for up to 180 days if they remain a danger to themselves or others or gravely disabled.
Child Abuse Reporting
- A mandated reporter must report suspected child abuse or neglect.
- Child abuse includes physical, emotional, or sexual abuse, or neglect.
- A report is mandated if a minor is the victim of abuse or neglect.
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Description
Test your knowledge about the landmark Tarasoff ruling which established the duty of therapists to protect potential victims from their patients. Explore the legal and ethical implications of the ruling and its impact on mental health practices.