Texas LPC Jurisprudence Exam Flashcards
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Questions and Answers

Does an LPC have to comply with requests for the release of mental health records and confidential information?

Yes

What is the policy of providing counseling services to a minor client who is named in a custody agreement or court order?

LPC shall obtain, review and maintain a current copy of the custody agreement or court order.

What should an LPC do when it is reasonably clear that the client is not benefiting from the counseling relationship?

Terminate the professional counseling relationship and facilitate transfer to appropriate care if necessary.

Can an LPC evaluate an individual's mental, emotional, or behavioral condition if the LPC has not personally interviewed the individual?

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

An LPC shall not aid or abet the unlicensed practice of professional counseling by a person required to be licensed.

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

An LPC shall report to the board knowledge of any unlicensed practice of counseling.

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

Sexual contact means...

<p>1-deviate sexual intercourse; 2-sexual contact; 3-sexual intercourse; 4-requests or offers by a licensee for deviate sexual intercourse, sexual contact or sexual intercourse.</p> Signup and view all the answers

Sexual exploitation means...

<p>A pattern, practice or scheme of conduct, which may include sexual contact that can reasonably be construed as being for the purposes of sexual arousal or gratification or sexual abuse of any person.</p> Signup and view all the answers

Sexual exploitation does NOT mean...

<p>Obtaining information about a client's sexual history within standard excepted practice while treating a sexual dysfunction.</p> Signup and view all the answers

Therapeutic deception means...

<p>A representation by an LPC that sexual contact with, or sexual exploitation by, the LPC is consistent with or a part of a client's or former client's counseling.</p> Signup and view all the answers

An LPC shall NOT engage in sexual contact with or sexual exploitation of a person who is...

<p>1-A client; 2-an LPC Intern supervised by the licensee; 3-Is a student of a licensee at an educational institution.</p> Signup and view all the answers

Sexual contact that occurs more than ______ years after the termination of the client relationship will not be deemed a violation.

<p>5 years</p> Signup and view all the answers

The LPC must demonstrate that there has been no exploitation in a sexual or romantic relationship with a previous client.

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

A licensee can practice therapeutic deception of a person who is a client.

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

It is NOT a defense if the sexual contact, sexual exploitation or therapeutic deception occurred with consent.

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

Sexual exploitation, if done for the purpose of sexual arousal or gratification, may include sexual harassment.

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

Conduct that is sexual in nature includes...

<p>1-conduct that is offensive or creates a hostile environment, and the licensee knows or is told this.</p> Signup and view all the answers

Conduct that is sexual in nature can also be...

<p>2-is sufficiently severe or intense to be abusive to a reasonable person in context.</p> Signup and view all the answers

Conduct that is sexual in nature might consist of...

<p>3-any behavior, gestures, or expressions which may reasonably be interpreted as seductive or sexual.</p> Signup and view all the answers

Conduct that is sexual in nature may involve...

<p>4-sexual comments about or to a person, including making sexual comments about a person's body.</p> Signup and view all the answers

Conduct that is sexual in nature entails...

<p>5-making sexually demeaning comments about an individual's sexual orientation.</p> Signup and view all the answers

Conduct that is sexual in nature may imply...

<p>6-making comments about potential sexual performance.</p> Signup and view all the answers

Conduct that is sexual in nature may also include...

<p>7-requesting details of sexual history when not necessary for counseling.</p> Signup and view all the answers

Conduct that is sexual in nature might involve...

<p>8-initiating conversation regarding the sexual problems, preferences or fantasies of the licensee.</p> Signup and view all the answers

Conduct that is sexual in nature may comprise...

<p>9-kissing or fondling.</p> Signup and view all the answers

Conduct that is sexual in nature can also refer to...

<p>10-making a request for a date.</p> Signup and view all the answers

Conduct that is sexual in nature might also include...

<p>11-any other deliberate or repeated comments, gestures or physical acts not constituting sexual intimacies but of a sexual nature.</p> Signup and view all the answers

Conduct that is sexual in nature includes...

<p>12-any bodily exposure of genitals, anus, or breasts.</p> Signup and view all the answers

What principles do professional counselors apply?

<p>Mental health, psychotherapeutic &amp; human development principles</p> Signup and view all the answers

What do LPCs facilitate?

<p>Human development, life span adjustment, prevent, assess, evaluate &amp; treat mental, emotional &amp; behavioral disorders &amp; distress, conduct assessments &amp; evaluations, establish treatment plans &amp; goals, evaluate treatment plans &amp; interventions.</p> Signup and view all the answers

How is counseling defined?

<p>Assisting clients through therapeutic relationship, using a combination of mental health &amp; development principles/methods &amp; practices to achieve mental, emotional, physical, social, moral, educational, spiritual, or career-related development &amp; adjustment across the life span.</p> Signup and view all the answers

What is assessment in counseling?

<p>Selecting, administering, scoring &amp; interpreting instruments designed to assess aptitudes, abilities, achievements, interests, personal characteristics, disabilities &amp; mental, emotional &amp; behavioral disorders.</p> Signup and view all the answers

What assessments are LPCs NOT able to use?

<p>Standardized projective techniques such as Rorschach Ink Blot, Roberts Apperception Test, Thematic Apperception.</p> Signup and view all the answers

What does consulting mean in the context of counseling?

<p>The application of scientific principles &amp; procedures in counseling &amp; human development to provide assistance in understanding &amp; solving current or potential problems.</p> Signup and view all the answers

What does referral mean in counseling?

<p>Evaluating &amp; identifying needs of counselee to determine the advisability of referral to other specialists.</p> Signup and view all the answers

Who regulates LPCs?

<p>Texas Occupations Code Chapter 503 - Professional Counselors.</p> Signup and view all the answers

What is the Texas Occupations Code Chapter 503 - Professional Counselors also known as?

<p>Licensed Professional Counselors Act.</p> Signup and view all the answers

What does the Texas Occupations Code Chapter 503 NOT allow for?

<p>Practice of medicine, law, counseling for government or educational institutions, counselor interns, federal employees, social workers, pastoral counselors, public/private nonprofits, rehab counselors &amp; music therapists.</p> Signup and view all the answers

Does the Texas occupational code have a separate specialization for art therapy?

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

Who is responsible for regulating LPCs?

<p>Texas State Board of Examiners of Professional Counselors.</p> Signup and view all the answers

The Texas State Board of Examiners of Professional Counselors falls under which department?

<p>The Department of State Health Services.</p> Signup and view all the answers

What does the term Licensed Professional Counselor imply?

<p>The person is licensed, trained, experienced or expert in counseling &amp; engages in any practice of counseling for compensation.</p> Signup and view all the answers

What does counseling treatment intervention mean?

<p>Application of cognitive, affective, behavioral, psychodynamic &amp; systemic counseling strategies including developmental, wellness &amp; psychological dysfunction.</p> Signup and view all the answers

Can a LPC diagnose or treat a physical condition or disorder?

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

How many members comprise the Texas State Board of Examiners of Professional Counselors?

<p>9 members appointed by the governor.</p> Signup and view all the answers

How long is a board member's term?

<p>6 years with the terms of 3 members expiring February 1 of each odd-numbered year.</p> Signup and view all the answers

Who adopts & publishes the LPC code of ethics?

<p>The Board.</p> Signup and view all the answers

What are the 3 places the Board establishes for consumers to receive info on directing complaints?

<p>1-written contracts for services; 2-sign prominently displayed in the place of business; 3-bill for services.</p> Signup and view all the answers

Can the board request the department to issue a subpoena to compel the attendance of a relevant witness?

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

Are formal charges by the board against the holder of the license confidential?

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

Does an LPC have to display their license?

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

How frequently does an LPC have to renew their license?

<p>Biennially with no violations and with appropriate continuing education requirements met.</p> Signup and view all the answers

When does the board notify an LPC that the license is expiring?

<p>No later than the 30th day before the expiration date.</p> Signup and view all the answers

What happens when a license has been expired for one year or more?

<p>A new license can be obtained by complying with the requirements &amp; procedures for obtaining an original license.</p> Signup and view all the answers

When is an LPC subject to disciplinary action by the board?

<p>When they violate the chapter, rule or code of ethics, commit acts making them liable under civil law, or other specified reasons.</p> Signup and view all the answers

If an LPC is subject to disciplinary action, what can the board do?

<p>Revoke or suspend the license, refuse to renew the license, place the person on probation, or reprimand the person.</p> Signup and view all the answers

Is the license holder entitled to a hearing before a sanction is imposed by the board?

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

Can a license be suspended temporarily without notice or a hearing?

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

Can the board order a license holder to pay a refund to a consumer?

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

What is considered a criminal offense under board regulations?

<p>Engaging in professional counseling without a license, misrepresenting the professional title, or others as specified.</p> Signup and view all the answers

What is the amount of administrative penalty imposed by the board?

<p>May not be less than $50 or more than $5,000 for each violation.</p> Signup and view all the answers

What is the amount of administrative penalty based on?

<p>The seriousness of the violation, economic harm caused, history of previous violations, and other relevant factors.</p> Signup and view all the answers

How will the department notify an LPC if a violation is reported?

<p>Written notice including a brief summary of the alleged violation, recommended penalty amount, and information on rights to a hearing.</p> Signup and view all the answers

How long does a person have to respond after receiving notice of violation and penalty?

<p>Within 10 days after the date of receiving the notice.</p> Signup and view all the answers

What decisions may the board give regarding a violation?

<p>Determine if a violation occurred and impose an administrative penalty or conclude that no violation occurred.</p> Signup and view all the answers

What are an LPC's options following the board's decision on a violation?

<p>To pay the administrative penalty or file a petition for judicial review contesting the decision.</p> Signup and view all the answers

What happens if a person does not pay the administrative penalty?

<p>The attorney general may sue to collect the penalty.</p> Signup and view all the answers

True or false? A licensee shall not make false, misleading, deceptive, fraudulent or exaggerated claims about their services.

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

What could a false, misleading, deceptive, fraudulent or exaggerated claim include?

<p>Effectiveness of services, licensee's qualifications, training, fees, and the field of counseling.</p> Signup and view all the answers

True or false? A licensee shall not make false or misleading claims/statements about services of mental health organizations.

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

True or false? A licensee shall discourage a client from holding exaggerated or false ideas about their professional services.

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

True or false? A licensee does NOT have to take action to correct false ideas held by a client.

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

True or false? A licensee has to make reasonable efforts to discourage others from making misrepresentations about their practice.

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

True or false? A licensee can provide counseling anywhere, anytime, and in any way.

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

What must a licensee provide in writing before counseling services begin?

<p>Fees and arrangements for payment, counseling purposes, goals and techniques, limits of confidentiality, and other specified information.</p> Signup and view all the answers

Can the licensee inform the client verbally of any changes to the counseling agreement?

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

Can technological means of communication be used to facilitate the therapeutic counseling process?

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

Can a licensee knowingly offer to pay for securing clients?

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

Can a licensee engage in activities for personal gain at the expense of a client?

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

Can a licensee engage in activities or product sales with a client?

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

Can a licensee exert undue influence in promoting activities for personal interests?

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

True or false? A licensee must set and maintain professional boundaries.

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

True or false? Non-therapeutic relationships with clients are prohibited.

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

How is a non-therapeutic relationship defined?

<p>Any non-counseling activity initiated that results in a relationship unrelated to therapy.</p> Signup and view all the answers

How many years must pass before a licensee may engage in a non-therapeutic relationship with a client?

<p>More than 2 years.</p> Signup and view all the answers

How many years must pass before a licensee may engage in sexual contact with a client?

<p>More than 5 years.</p> Signup and view all the answers

For non-therapeutic and sexual relationships, must the licensee demonstrate there is no exploitation?

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

Can a licensee provide counseling service to family members or friends?

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

Can a licensee give or accept a gift from a client valued at more than $50?

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

True or false? A licensee can borrow or lend money to clients.

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

True or false? A licensee can offer counseling to an individual concurrently receiving counseling from another counselor without informing the other counselor.

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

Yes or no? A licensee may take action to inform medical or law-enforcement personnel if there is a probability of imminent physical injury.

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

Does the licensee have to take reasonable precautions to protect individuals from harm?

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

What must be documented for accurate record keeping of counseling with a client?

<p>Intake assessment, dates of counseling, treatment methods, progress notes, treatment plan, billing information.</p> Signup and view all the answers

How long does a licensee have to keep records of a client?

<p>A minimum of 5 years.</p> Signup and view all the answers

True or false? LPCs can only bill clients for services actually rendered.

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

Yes or no? Relationships between a licensee and anyone else providing services to a client will be reflected on billing documents.

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

If a written request is made, LPCs must provide a written explanation of a billing statement.

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

What is the exception for a licensee to submit a bill for counseling treatment intervention that was not provided?

<p>Unkept appointment or no-show fee.</p> Signup and view all the answers

Study Notes

Professional Counseling Basics

  • Professional Counselors utilize mental health, psychotherapeutic, and human development principles to assist clients.
  • LPCs (Licensed Professional Counselors) facilitate human development, assess, evaluate, and treat various mental and emotional disorders throughout the lifespan.

Counseling Definition and Assessment

  • Counseling involves creating a therapeutic relationship and applying mental health principles to support clients in achieving wellness and personal growth.
  • Assessment includes selecting and interpreting instruments to evaluate a client's abilities, characteristics, and psychological conditions.

LPC Assessment Limitations

  • LPCs cannot use standardized projective assessments, like Rorschach Ink Blot tests, for evaluations.

Consultation and Referral Practices

  • Consulting involves applying scientific principles to assist individuals in problem-solving, while referral requires LPCs to identify needs and suggest specialists.

LPC Regulation and Oversight

  • LPCs are governed by the Texas Occupations Code Chapter 503, also known as the Licensed Professional Counselors Act, which explicitly prohibits practicing medicine or law.

Licensing and Board Composition

  • LPCs are regulated by the Texas State Board of Examiners of Professional Counselors, consisting of nine members, including LPCs and public representatives, appointed by the governor.
  • Board members serve six-year terms, with staggered expirations.

Ethical Standards and Complaints

  • The Board adopts the LPC code of ethics, establishes counseling methods, and ensures consumers receive information on filing complaints.

License Requirements and Disciplinary Actions

  • LPC licenses must be displayed publicly and renewed biennially, with warnings and disciplinary actions available for ethical violations.
  • A license can be revoked, suspended, or placed on probation for violating professional standards or engaging in unethical practices.

Record Keeping and Confidentiality

  • LPCs must maintain accurate records of client interactions for a minimum of five years and comply with mental health record release requests.
  • Counselors must take reasonable precautions to protect clients from harm in counseling scenarios.

Professional Boundaries and Relationships

  • LPCs cannot engage in non-therapeutic relationships with current or former clients for specified durations, ensuring no exploitation occurs.
  • Counselors must provide written agreements outlining fees, confidentiality limits, and any changes in counseling conditions before initiating services.

Financial Ethics and Responsibilities

  • LPCs can only bill for services provided, and gift exchanges with clients valued over $50 are prohibited.
  • Billing documents must reflect relationships affecting service provisions, and clients must be informed of any billing discrepancies.

Standards for Counseling Minors

  • LPCs must obtain and maintain legal documentation, such as custody agreements, before counseling minors.
  • If a counseling relationship is not beneficial, LPCs must terminate services and facilitate the transfer to other care.

Reporting Unlicensed Practices

  • LPCs are obligated to report any knowledge of unlicensed counseling practices to the Board.

Definitions of Sexual Misconduct

  • Sexual contact and exploitation are defined with specific criteria; LPCs must avoid any actions that can be construed as exploitative.

Counseling Methodology and Technology

  • LPCs can use technology for therapeutic communication, adhering to regulations governing interactive distance counseling.### Definition of Terms
  • Obtaining a client's sexual history is necessary for treating sexual relationship dysfunction, following standard accepted practices.
  • Therapeutic deception involves an LPC misrepresenting sexual contact or exploitation during counseling as acceptable or part of therapeutic practice.

Restrictions on LPC Conduct

  • LPC must not engage in sexual contact or exploitation with:
    • Current clients
    • LPC interns under their supervision
    • Students receiving professional services from the LPC at educational institutions.

Timeframe for Sexual Contact Post-Therapy

  • Sexual contact after more than five years from the termination of the counseling relationship is generally permissible if:
    • It is consensual
    • There is no exploitation involved
    • It does not harm the client.

Evidence of Non-Exploitation

  • LPC must prove there was no exploitation in any sexual or romantic relationship with previous clients based on:
    • Duration since therapy ended
    • Nature of the therapeutic relationship
    • Circumstances leading to therapy termination
    • Client's personal history
    • Client's current mental state
    • Potential adverse effects on the client and others
    • Therapist's indications of a possible post-termination relationship.

Prohibitions on Therapeutic Deception

  • LPCs cannot practice therapeutic deception with clients, ensuring clear ethical boundaries.
  • Consent does not serve as a defense in cases of sexual contact, exploitation, or therapeutic deception if:
    • The contact occurs outside professional sessions or locations.

Definition of Sexual Exploitation

  • Sexual exploitation aims for sexual arousal, gratification, or abuse, inclusive of:
    • Sexual harassment, solicitation, physical advances, and sexual conduct.

Types of Sexual Conduct

  • Offensive conduct that creates a hostile environment and may be abusive.
  • Behaviors deemed seductive or sexual.
  • Sexual comments about individuals, including body-related remarks.
  • Demeaning remarks about sexual orientation.
  • Inappropriate comments about sexual performance unless relevant to counseling.
  • Unnecessary inquiries into sexual history not vital for therapy.
  • Initiating discussions on personal sexual problems or fantasies.
  • Physical actions such as kissing or fondling.
  • Requests to date clients.
  • Any repeated sexual gestures or comments not constituting intimacy.
  • Exposing genitals, anus, or breasts deliberately.

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This quiz covers essential concepts for the Texas LPC Jurisprudence Exam, focusing on the principles mental health counselors use in their practice. Each flashcard presents key terms and definitions vital for understanding the responsibilities and functions of Licensed Professional Counselors. Prepare effectively with these targeted study aids.

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