All Airbags Must Be Disabled By The Manufacturer

December 30, 2023 Salauddin .

Question: The purpose of low beam headlights is to provide better visibility to a driver driving in fog, rain, and smoke.

Answer: True

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Question: Changes in visibility usually have no affect on the way that the IPDE process is used.

Answer: False

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Question: Visibility can be reduced by:

Answer: All of the above

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Question: Using interior lighting can help improve a driver's visibility at night.

Answer: False

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Question: Changes in visibility usually have no impact on the way that the IPDE process is used

Answer: False

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Question: _________improve a driver's ability to identify hazards and conditions in the driving environment and even act as a warning to fellow drivers in certain situations

Answer: Headlights

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Question: _______is the amount of time it takes a person's eyes to regains focus after seeing glare.

Answer: Glare recovery time

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Question: If high beam headlights are used improperly, it could cause glare for an oncoming driver or reduce their visibility greatly, increasing the possibility of a collision.

Answer: True

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Question: when using headlights, speed should:

Answer: Be decreased

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Question: Strong winds causing a vehicle to lose all control is called:

Answer: Buffeting

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Question: When preparing for winter driving, you should purchase windshield wiper fluid that includes anti-freeze

Answer: True

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Question: When driving in rain or standing in water, a driver's risk of losing traction increases.

Answer: True

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Question: When driving in fog, a motorist should used high-beam headlights

Answer: False

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Question: Which of the following increases the ability to maintain traction on a vehicle?

Answer: ABS system

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Question: Reducing speed increases a driver's total stopping distance.

Answer: False

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Question: _________occurs between a tire on a vehicle and the roadway when a wall of water separates the tire from roadway.

Answer: Hydroplaning

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Question: Passengers under the age of 8 and whose height is less than 57 inches must be in the__________seat of a vehicle.

Answer: Back

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Question: ____________are used as a means for head and neck protection in the event of a vehicle collision.

Answer: Head restraints

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Question: All airbags must be disabled by the manufacturer in order for them to be turned off.

Answer: False

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Question: The effects of an airbag are always helpful in a crash, no matter how or where a passenger is seated.

Answer: False

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Question: It is always safest to secure a child in the back seat of a vehicle.

Answer: True

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Question: According to Georgia law, all passenger under the age of 18 are required to wear seat belts when driving or riding in passenger vehicles.

Answer: True

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Question: A person's head should be positioned_______of the head restraint.

Answer: In the center

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Question: _______are side-impacted airbags that are designed to protect passengers and drivers from a side impact crash and even help prevent being thrown from the vehicle if the vehicle rolls over after being struck from the side.

Answer: Curtain airbags

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Question: The lap belt of a safety belt should fit low and comfortably secure across a person's hips

Answer: True

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Question: For optimal spacing and safety, a driver or passenger should be positioned______inches from the airbag.

Answer: 10

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Question: ______rumble strips make the most noise and provide more vibration than other types of rumble strips.

Answer: Milled

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Question: ______will occur if a vehicle collides with an object travelling in the opposite direction rather than colliding with a stationary object

Answer: More impact

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Question: Which of the following are the most dangerous collisions a person can be involved in?

Answer: Head on collisions

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Question: _______are designed to alert drivers if they are leaving their lane of travel

Answer: Rumble strips

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Question: _______are turns that are legal only when the traffic signal illuminates a green arrow signal.

Answer: Protected turns

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Question: _____provide information to drivers on road conditions and traffic conditions that may increase travel time and the need for an alternate path of travel

Answer: Overhead message signs

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Question: A slippery surface collision occurs when a vehicle loses traction due to driver error or severe weather conditions

Answer: True

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Question: Protected turn lanes are raised lines on the roadway that inform drivers they are reaching the edge of the roadway

Answer: False

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Question: ______collisions are a serious type of collision that occurs with stationary objects in a vehicle's path of travel

Answer: Fixed-object

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Question: Brakes should be checked regularly to ensure optimal performance and long life

Answer: True

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Question: Understeer is a term used to describe rear wheel loss of traction

Answer: False

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Question: This traction loss occurs in the rear wheels of a vehicle

Answer: Acceleration-induced traction loss

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Question: Only underinflated tires compromise optimal tire performance

Answer: False

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Question: _______occurs when a vehicle is in the process of a skid

Answer: Sliding traction

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Question: Worn braking system parts can result in an early and unpredictable lock-up of an individual wheel while braking

Answer: True

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Question: Tread depth helps a tire have the proper traction

Answer: True

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Question: Oversteer is the term used to describe front wheel loss of traction

Answer: False

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Question: Rolling traction is demonstrated when tires slide across the road

Answer: False

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Question: Causes of driver induced skids include excessive speed, quick clutch engagement on a slippery surface, panic brake application, sudden vehicle speed change and sudden steering on a slippery surface

Answer: True

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All About Viruses Webquest Answer Key

December 30, 2023 Salauddin .

Question: What are the three parts to a typical virus?

Answer: Genome (DNA or RNA), receptors, capsid

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Question: How big is a Rhinovirus?

Answer: 20 nanometers

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Question: The common cold is caused by a _______.

Answer: Virus

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Question: What is the first component of Modern Cell theory?

Answer: The cell is the smallest living unit in all organisms

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Question: What is the second component of Modern Cell theory?

Answer: All living things are made of cells

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Question: What is the third component of Modern Cell theory?

Answer: All cells come from pre-existing cells

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Question: Viruses are not considered living since they lack many ________.

Answer: Characteristics of life

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Question: A virus that attacks bacteria is called a _____________.

Answer: Bacteriaphage

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Question: One thing that all viruses have in common is that they contain genetic material called _______________.

Answer: DNA or RNA

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Question: A protein coat that protects the DNA/RNA is a __________.

Answer: Capsid

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Question: In order for viruses to replicate the need a _________.

Answer: Host

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Question: In the lytic cycle, what does the bacteriophage attach to on the host cell membrane?

Answer: Receptor

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Question: After the virus attaches to the host cell membrane what is injected into the host cell?

Answer: Viral DNA/RNA

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Question: What is another way a virus can enter a cell?

Answer: Tricks the cell into thinking its a food particle

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Question: The viral DNA/RNA contains instructions for the cell to do what?

Answer: Make copies of the virus

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Question: What can happen to the cell membrane after making many copies of their virus?

Answer: Rupture

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Question: What do the viruses do once they leave the host cell?

Answer: Infect other cells

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Question: What happens to the host's bacteria's DNA after the bacteriophage injects its DNA/RNA into the cell?

Answer: It combines with the bacterium DNA

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Question: The bacteria pass this "combined" DNA onto daughter cells. The bacteria continues to reproduce and finally enter the lytic cycle when this happens.

Answer: Trigger

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Question: Once the bacteria are "activated" they begin producing __________.

Answer: Copies of the virus

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Question: What two things can trigger bacteria to go to the lytic cycle?

Answer: Lack of food

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Question: When you catch a common cold, your bodie's immune system fights the infection by producing white blood cells called ________.

Answer: Leukocytes

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Question: The HIV virus binds to the CD4 receptor on what type type of cell?

Answer: Helper-T cells

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Question: Since the HIV virus attacks a person's immune system, it can make people vulnerable to other ___________.

Answer: Infections

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Question: A virus that's targets pest insects could be an alternative to ____________.

Answer: Chemical pesticides

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Question: What are the first signs that you have a cold?

Answer: Sore throat and runny nose

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Question: How many days does it take to recover from a typical cold?

Answer: 7-10 days

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Question: What are three things you can do to reduce your chances of getting a cold?

Answer: Wash your hand often, avoid close contact with sick people, don't touch your face with unwashed hands

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Question: If you have a cold, what are the six things that you can do to protect others from getting a cold?

Answer: Stay at home, disinfect frequently touched surfaces, cough and sneeze into a tissue, move away from others when coughing, avoid close contact with others

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Question: If you have a cold, what should you do to feel better?

Answer: You should get lots of rest and drink plenty of fluids

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Question: Should you take antibiotics if you have a cold?

Answer: No

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Question: What are the three conditions when you should see a doctor?

Answer: If symptoms last over ten days, severe or unusual symptoms, and if your child is younger than 3 months and has fever or is lethargic

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Question: The flu is caused by what virus?

Answer: Influenza viruses

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Question: It is difficult to tell whether you have a cold or the flu. What is the only flu symptom that is not similar to cold symptoms?

Answer: Being oddly cold/fever

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Question: What are the symptoms for RSV?

Answer: Cold-like symptoms

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Question: RSV causes what two illnesses in young children?

Answer: Bronchitis and pneumonia

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Question: RSV causes what type of illness in older adults?

Answer: Respiratory illnesses

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Question: What are the symptoms of HIPVs?

Answer: Fever, runny nose, cough, sore throat, sneezing, wheezing, ear pain, irritability, decreased appetite

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Question: HIPVs can cause what two more severe illness?

Answer: Bronchitis and pneumonia

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Question: What are the symptoms of adenoviruses?

Answer: Cold like symptoms, fever, sore throat, bronchitis, pneumonia, diarrhea, and pink eye

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Question: Who can get an adenovirus infection?

Answer: Anyone

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Question: Corona viruses are a large family of viruses that can cause ___________ such as ___________. some can lead to more severe illnesses such as _________.

Answer: Respiratory illnesses; the common cold; SARS (Severe, acute, respiratory syndrome)

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Question: The new corona virus (COVID-19) first appeared in Wuhan China, where the virus was transmitted to humans through contact with a(n) ______________.

Answer: Infected animal

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Question: The COVID-19 virus is capable of spreading between people through ________.

Answer: Close contact

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Question: How much more contagious if the new string?

Answer: Scientists in the UK estimate that the new variant is 40-70% more infectious based on analysis of affected populations in Britain.

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Question: What makes the new strain more contagious?

Answer: "It's able to bind to the receptors on cells better, and therefore is transmitted better." (Dr. Anthony Fauci)

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Question: Is the new strain more lethal?

Answer: There is no evidence that B. 1. 1. 7 causes more severe illness or increased risk of death, according to the CDC.

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Question: Is the vaccine effective for the new variant?

Answer: Researchers believe current COVID-19 vaccines will likely protect again B. 1. 1. 7, but data is needed

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Question: Antibiotics are only effective against __________.

Answer: Bacterial infections

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All About Plastic Worksheet Answers

December 30, 2023 Salauddin .

Question: How much plastic has been made since the 1950's?

Answer: 9 Billion Metric Tons

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Question: What garbage patch was discovered in 2017 and how big is it?

Answer: The South Pacific Garbage patch. 1 1/2 times the size of Texas
The Great Pacific Patch 3 times the sizes of France.

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Question: By 2050, what is expected to happen to the amount of plastic compared to the number of fish?

Answer: There will be more plastic in the ocean than fish

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Question: . What do nearly all seabirds eat and why?

Answer: Plastic. They mistake it for fish

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Question: What does the sun do to plastic over time?

Answer: The sun degrades the bigger plastics into smaller pieces.

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Question: Do humans ingest plastic?

Answer: yes

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Question: Why do we produce so much plastic?

Answer: Cheap to produce, versatile, medical field use it for needles, phones

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Question: What is the percentage of the plastic that we have already produced still exist today? What is the percentage that is still in use today? How much is actually recycled or incinerated?

Answer: 60% still exist today
20%-30% still in use
Tiny fraction recycled

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Question: How much plastic was produced in 1950? How much is currently produced per year?

Answer: 2 million
It has increased nearly 200 times
350 million tons per year.

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Question: What did we do before we used plastic so much?

Answer: Used to save and reuse materials.
Colonial times - waste not want not
Great Depression - Use it up, ware it out, make it do, or do with out.

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Question: 1. What was the US government campaigning in WWII?

Answer: Save and reuse everything from scrap medal, rubber, gasoline, paper, and animal fat.

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Question: What happened when the economic boom occurred?

Answer: Disposable life styles became fashionable

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Question: Why was the "Keep America Beautiful" coalition founded and who founded and funded this?

Answer: Founded in the 1950s.
Founded and Funded: Beverage and Packaging industries.

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Question: What is the recycling rate in the US? In Europe?

Answer: 30%

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Question: Is the way we recycle the solution to our plastic problem?

Answer: No

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Question: What is probably the only way we can reduce plastic waste?

Answer: Make less plastic

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Question: How much garbage does the average American throw away per day?

Answer: 4 1/2 pounds of trash

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Question: How much of the waste produced in the world is produced by the US?

Answer: 1/3

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Question: Does the chasing arrows (recycling symbol) mean that it can be recycled?

Answer: no

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Question: Where did much of our plastic waste go before 2018?

Answer: China

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Question: Now half of our plastic waste is stuck in the US. Why is that?

Answer: China does not buy the plastic from america anymore harder to sell. A lot of the plastic is stuck in ware house all across America. They can not do price adjustments fast enough to keep up with the marker.

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Question: What percentage of plastic is single use plastic?

Answer: 40%

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Question: Worldwide, there have been bans on single use plastics. Does the US have any such bans?

Answer: Some counties and cities have some type of ban or tax on plastics.

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Question: What is the first major US city that bans some single use plastics (utensils, straws, bags) and when did this happen? What does this city use in place of single use plastics?

Answer: Portland
July 2018
Compost straws
Compost products.

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Question: Which one of our neighbors is trying to place bans on all single use plastics by 2021? Do the citizens of this country support a ban on single use plastics?

Answer: Canada
81% support the idea of a ban

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Question: Unilever believes that what is more important than efforts to ban plastics?

Answer: Recovering and reusing the plastic is more important.

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Question: Does the industrial ecologist in this video think recycling will fix our problem with plastics? How much plastic does he say goes unrecycled?

Answer: no

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Question: 1. When did plastic (PET) bottles start being used?

Answer: 1978

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Question: How many plastic bottles does Coca-Cola make per year?

Answer: over 120 billion

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Question: A British company is using plastic waste to make what?

Answer: Roads

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Question: What are some of the things mentioned in the video that could be done to help reduce the amount of plastic waste that is produced?

Answer: Start small

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All 26 Amendments

December 30, 2023 Salauddin .

Question: 1st amendment

Answer: freedom of religion, press, assembly, speech and petition.

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Question: 2nd amendment

Answer: right to bear arms

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Question: 3rd amendment

Answer: right not to have to quarter soldiers

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Question: 4th amendment

Answer: right to be free from unreasonable searches and seizures

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Question: 5th amendment

Answer: right to grand jury indictment, no double jeopardy, freedom from self incrimination, due process of law.

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Question: 6th amendment

Answer: right to be informed of charges, be present when witnesses speak in court, to call defense witnesses, to have a lawyer.

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Question: 7th amendment

Answer: right to a jury trial in civil cases.

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Question: 8th amendment

Answer: freedom from excessive bail and cruel and unusual punishment.

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Question: 9th amendment

Answer: guarantee of right not listed in the constitution

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Question: 10th amendment

Answer: rights of states and the people

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Question: 11th amendment

Answer: prevents suits against states

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Question: 12th amendment

Answer: election of the president

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Question: 13th amendment

Answer: abolishement of slavery

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Question: 14th amendment

Answer: right to be free from discrimination in states, to have due process of law, to have equal protection of the law.

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Question: 15th amendment

Answer: black suffrage

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Question: 16th amendment

Answer: individual income tax

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Question: 17th amendment

Answer: election of national senators

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Question: 18th amendment

Answer: prohibition of alcoholic beverages

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Question: 19th amendment

Answer: women's suffrage

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Question: 20th amendment

Answer: Lame-Duck period shortened for federal officials

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Question: 21st amendment

Answer: repeal of prohibition

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Question: 22nd amendment

Answer: Limitation of the presidential terms of office

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Question: 23rd amendment

Answer: voters in Wshington D.C given the right to vote for presidential electors

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Question: 24th amendment

Answer: abolition of poll taxes

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Question: 25th amendment

Answer: succession of the office of the president

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Question: 26th amendment

Answer: 18 year olds given the right to vote

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All 11 Organ Systems

December 30, 2023 Salauddin .

Question: Circulatory System

Answer: Transports nutrients, wastes, hormones, and gases

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Question: Digestive System

Answer: Extracts and absorbs nutrients from food, removes wastes, maintains water and chemical balances

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Question: Endocrine System

Answer: Regulates body temperature, metabolism, development, and reproduction, maintains homeostasis, regulates other organ systems

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Question: Urinary System/Excretory

Answer: Removes wastes from blood; regulates concentration of body fluids

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Question: Lymphatic

Answer: Defends against pathogens and disease

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Question: Integumentary System

Answer: Protects against injury, infection, and fluid loss; helps regulate body temperature

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Question: Muscular System

Answer: Moves limbs and trunk; moves substances through body; provides structure and support

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Question: Nervous System

Answer: Regulates behavior, maintains homeostasis; regulates other organ systems; controls sensory and motor functions

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Question: Reproductive System

Answer: Produces gametes and offspring

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Question: Respiratory System

Answer: Moves air into and out of the lungs; controls gas exchange between blood and lungs

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Question: Skeletal System

Answer: Protects and supports the body and organs; interacts with skeletal muscles, produces red blood cells, white blood cells and platelets

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All _____ Have Dna.

December 30, 2023 Salauddin .

Question: All _____ have DNA.

Answer: Living organisms

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Question: The term "double helix" refers to

Answer: Structure of DNA

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Question: How is DNA similar to a fingerprint?

Answer: Both are unique to each individual

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Question: DNA can best be compared to a building's:

Answer: blueprint

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Question: Which part of the term "deoxyribonucleic acid" indicates where DNA is located?

Answer: Nucleic

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Question: There are ___________ of different kinds of proteins in the human body.

Answer: thousands

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Question: The function of _____ is not entirely known.

Answer: non-coding DNA

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Question: How many chromosomes do humans have?

Answer: 46

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Question: A gene contains the code for making a protein.

Answer: True

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Question: What does DNA stand for?

Answer: deoxyribonucleic acid

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Question: Which Organelle contains DNA

Answer: nucleus

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Question: What are the rungs of the DNA ladder made of?

Answer: nitrogen bases

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Question: What does a nucleotide consist of?

Answer: sugar, phosphate group, nitrogen base

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Question: Nitrogen bases

Answer: Adenine, Thymine, Guanine, Cytosine

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Question: Atom

Answer: the basic unit of a chemical element.

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Question: Adenine

Answer: The base that pairs with Thymine in DNA

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Question: Guanine

Answer: The base that pairs with Cytosine in DNA

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Question: Protein

Answer: what living things use to build cells and do work in the cell

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Question: The sides of the 'ladder' are made of

Answer: Phosphate & Sugar

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Question: DNA controls

Answer: what cells do, directs all the activities of the cell

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Alkyl Halide Pka

December 30, 2023 Salauddin .

Question: pKa= -9

Answer: H2SO4

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Question: pKa= -7.3

Answer: Ketone with Hydrogen

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Question: pKa= -7

Answer: Alkyl Halide

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Question: pKa=1.74

Answer: Positive Oxygen

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Question: pKa= 4.75

Answer: Carboxylic Acid

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Question: pKa= 9

Answer: Anhydride

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Question: pKa=9.9

Answer: Phenol

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Question: pKa= 15.7

Answer: Ether

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Question: pKa= 16

Answer: Alcohol

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Question: pKa= 18

Answer: Tert-Butanol

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Question: pKa= 19.2

Answer: Ketone

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Question: pKa= 25

Answer: Alkyne

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Question: pKa= 38

Answer: Amine

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Question: pKa= 44

Answer: Alkene

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Question: pKa= 50

Answer: Alkane

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Alkyl Halide Ir

December 30, 2023 Salauddin .

Question: What are the major objectives of this experiment?

Answer: Part 1: Comparison of SN1 and SN2 reactions Conversion of alcohols to alkyl halides.
Part 2: Reactivity of Alkyl halides. Infrared (IR) Spectroscopy evaluation, Micro-scale extraction techniques.

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Question: Overview of Nucleophilic Substitution

Answer: •Prepare a Stock solution of NH4Br/H2SO4.
• Prepare this stock solution ON ICE initially
• Reflux for 75 min with the primary or secondary alcohol.
• Cool carefully, perform micro scale workup.
• CH2Cl2/extract with water, NaHCO3, dry with
Na2SO4.
• Record the IR spectrum.

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Question: Objectives of Part A SN2 of a primary alcohol with NH4Br/strong acid

Answer: • Prepare Stock solution of NH4Br/H2SO4
• Prepare this stock solution ON ICE initially
• React at RT with the tertiary alcohol for about 15 min (constant shaking).
• Micro scale workup (CH2Cl2, extract with water, sodium bicarbonate, dry with Na2SO4)
• Record the IR spectrum

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Question: Objectives of Part B: SN1 with NH4Br/strong acid

Answer: • React a series of ten alkyl halides with NaI in acetone to test reactivity vs structure. Start at RT then heat to 50 °C if no reaction observed.
• React a series of ten alkyl halides with AgNO3 in ethanol. Start at RT then heat if no reaction observed.

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Question: Objective of Part 2: Reactivity of alkyl halides

Answer: This method is used for distinguishing between primary secondary, and
tertiary halides. The test depends on the fact that both sodium chloride and sodium bromide are not very soluble in acetone, whereas sodium iodide is. The reactions that occur are SN2 substitutions in which iodide ion is the nucleophile; the order of reactivity is primary > secondary > tertiary.

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Question: Nucleophilic Substitution Bimolecular, SN2

Answer: Tertiary halides are more reactive in an SN1 reaction than secondary halides, which are in turn more reactive than primary halides. Differing rates of silver halide precipitation would be expected from halogen in each of these environments, namely, primary < secondary < tertiary. Alkyl bromides and iodides react more rapidly than chlorides, and the latter may require warming to produce a reaction in a reasonable period. Aryl halides are unreactive toward the test reagent, as are any vinyl or alkynyl halides generally. Allylic and benzylic halides, even when primary, show reactivities as great as or greater than tertiary halides because of resonance stabilization of the resulting allyl or benzyl carbocations.

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Question: Reaction of 1-Butanol, NH4Br in H2SO4

Answer: The more alkyl groups connected to the reacting carbon, the slower the reaction

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Question: Apparatus for the reaction 7A

Answer: tertiary alkyl halides react extremely slowly in SN2 reactions. But tert-butyl bromide reacts with water 1,000,000 times faster than methyl bromide.
• Tertiary alkyl halides react rapidly in protic solvents by a mechanism that involves departure of the leaving group prior to addition of the nucleophile
• Called an SN1 reaction - occurs in two distinct steps while SN2 occurs with both events in same step
• If nucleophile is present in reasonable concentration (or it is the solvent), then ionization is the slowest step

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Question: IR spectrum of 1-butanol shown

Answer: NaI in acetone because Iodide is a good nucleophile, and if it displaces bromide or chloride, NaBr or NaCl will precipitate (these are much less soluble in acetone than NaI).

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Question: Reaction of Ammonium bromide with 2-methylbutan-2-ol

Answer: AgNO3 in ethanol because Ethanol is a polar protic solvent and can promote ionization of certain organo-halides. If halide ion is released a precipitate of AgCl or AgBr will form

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Question: Reactivities of Alkyl halides: Sodium iodide in Acetone

Answer: Using simple vs. complex 3º did make a large difference in reaction time. This makes sense because the complex 3º had more carbons attached, and therefore was a larger molecule, which may have made a difference in reactivity. Also, the carbocation intermediate could not have formed an sp2 hybridization because of the other bonds, and was less stable, slowing the reaction. Bromobenzene did not react with any solution, as aryl halides are unreactive, as are vinyl and alkynyl halides. Nucleophiles are negatively charged and benzene has a pi-cloud, which is electron rich. The pi-cloud repels the nucleophiles.

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Question: How does the use of Sodium iodide in Acetone as a reagent affect reactivity

Answer: Secondary, Experimentally required heating to 50 degrees celsius in NaI and 100 degrees celsius in AgNO3

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Question: Reactivities of Alkyl halides: Alcoholic Silver Nitrate

Answer: Secondary, Experimentally required heating to 50 degrees celsius in NaI and did not require heating in AgNO3

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Question: Alcoholic Silver Nitrate promotes SN1 reactions. Why?

Answer: Primary, Experimentally required heating to 50 degrees celsius in NaI and 100 degrees celsius in AgNO3

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Question: SN2 Reaction Mechanism

Answer: Primary, Experimentally did not require heating to in NaI and in AgNO3

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Question: SN2 Reaction: stereochemistry

Answer: Tertiary, Experimentally did not react after heating to 50 degrees celsius in NaI and did not require heating in AgNO3 (Reaction was completed with AgNO3 and not with NaI)

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Question: SN2 Reaction: substrate structure (Alkyl bromides react with KI in Acetone at 25°)

Answer: Primary(stabilized by resonance), Experimentally did not required heating in NaI and in AgNO3
(NaI-formed colored percipiatied)

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Question: what is the order of Reactivity in SN2 reactions?

Answer: Primary(stabilized by resonance), Experimentally did not required heating in NaI and in AgNO3
(NaI-formed colored percipiatied)

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Question: Oxygen Nucleophiles (SN2)

Answer: Secondary(stabilized by resonance), Experimentally did react in NaI and in AgNO3

==================================================

Question: What is the relative nucleophilicity trend

Answer: Secondary,
Experimentally required heating in NaI and did not require heating in AgNO3

==================================================

Question: SN2 Reaction: What is the importance of a having a good leaving group present

Answer: Secondary,
Experimentally required heating in NaI and did not require heating in AgNO3

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Alkohollagen

December 30, 2023 Salauddin .

Question: viktigaste i alkohollagen?

Answer: åldersgränser, krav på ordning, tillståndsplikt

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Question: vem har ansvar för ålderskontroll vid alkoholservering?

Answer: den som serverar

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Question: vart söker man tillstånd?

Answer: hos tillståndsenheten i den kommun där serveringen ska se

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Question: Vad är en alkoholdryck?

Answer: mer än 2,25 volymprocent alkohol. spritdrycker, vin, öl och andra jästa alkoholdrycker.

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Question: vad är en spritdryck?

Answer: en alkoholdryck som innehåller sprit, tex en drink med vodka och juice

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Question: vad är vin?

Answer: en alkoholdryck framställd genom jäsning av druvor eller druvsaft med höst 22 volymprocent alkohol.

==================================================

Question: vad är öl?

Answer: en jäst dryck framställd med torkad eller rostad malt.

==================================================

Question: Hur mycket alkohol i en lättöl?

Answer: Lättöl innehåller under 2,25 volymprocent alkohol.

==================================================

Question: hur mycket alkohol innehåller folköl?

Answer: 2,25 - 3,5

==================================================

Question: hur mycket alkohol innehåller starköl?

Answer: över 3,5

==================================================

Question: Vad är en mellanöl?

Answer: En mellanöl är en egentlig starköl som har mellan 3,5 och 4,5 volymprocent alkohol.

==================================================

Question: Vad är en lättdryck?

Answer: En dryck som innehåller under 2,25 volymprocent alkohol.

==================================================

Question: vad kallas försäljning över disk i livsmedelsbutik eller systembolag?

Answer: Detaljhandel

==================================================

Question: Vad kallas det vid försäljning från grossist?

Answer: partihandel

==================================================

Question: Vad kallas försäljning på krogen?

Answer: servering

==================================================

Question: Behövs tillstånd för yrkesmässig tillverkning av alkoholdrycker?

Answer: Ja

==================================================

Question: Behövs det tillstånd för att tillverka öl hemma för eget behov?

Answer: nej

==================================================

Question: Vilka ansvarar för ordning i lokalen?

Answer: krögare, bartender och serveringspersonal

==================================================

Question: Vem är skyldig att ta reda på en kunds ålder på systembolaget?

Answer: försäljaren

==================================================

Question: vad heter brottet som innebär försäljning av alkoholdryck till någon under 18 år?

Answer: olovlig dryckeshantering

==================================================

Question: Vilka stödord finns gällande marknadsföring av alkohol?

Answer: särskild måttfullhet, inte påträngade, inte uppsökande, inte uppmana till att använda alkohol, inte särkilt riktas till barn och ungdomar under 25.

==================================================

Question: Vilken är den högst tillåtna volymprocenten vid reklam för alkohol i tidningar?

Answer: 15 volymprocent

==================================================

Question: Vilken är den högsta volymprocenten på öl som tillåts i livsmedelsbutiker?

Answer: 3,5

==================================================

Question: Vid servering av alkohol, måste mat kunna serveras under hela kvällen då?

Answer: ja

==================================================

Question: kraven gällande mat?

Answer: lagad eller på annat sätt tillagad mat. varierat utbud med maträtter som ska kunna tillredas av råvaror eller förädlade råvaror. Dvs räknas inga snacks som nötter eller chips

==================================================

Question: Hur gammal måste man vara för att bli serveringsansvarig?

Answer: 20 år

==================================================

Question: vilka kravs ställs på serveringsansvarig?

Answer: tillräckliga kunskaper om svensk alkohollagsstiftning, vara anställd eller inhyrd av bemanningsföretag.

==================================================

Question: Mellan vilka tider i regel får alkohol serveras?

Answer: 11-01

==================================================

Question: När ska stället vara utrymt?

Answer: En halvtimme efter serveringstidens utgång

==================================================

Question: vad är ett skäligt tilläg gällande prissättning av alkohol?

Answer: minst 25%

==================================================

Question: vad är animeringsförbud?

Answer: att personal inte ska aktivt uppmuntra gäster att köpa alkohol.

==================================================

Question: vad är medförandeförbud?

Answer: Att en gäst inte kan exempelvis köpa med en flaska vin från restaurangen och ta med hem. undantaget är folköl som kan säljas för avhämtning men ölen ska vara oöppnad.

==================================================

Question: 1. Vad innebär förtärings- och förvaringsförbud?

Answer: Att gästen inte får ta med sig egen alkoholdryck till restaurangen för att dricka den där, det gäller för andra serveringslokaler också, såsom cafen.

==================================================

Question: 1. Vilka krav finns för att få serveringstillstånd?

Answer: Företaget och den lokal verksamheten drivs is ka vara lämpliga. Företaget och dess personal ska ha kunskap om relevant lagstiftning, företaget ska inte ha skulder, kunna redovisa finansiering och köp av restaurangen och inte vara straffade för brott. Lokalen ska uppfylla vissa grundkrav och krogverksamheten i lokalen ska inte störa andra.

==================================================

Question: Vad ingår i serveringsstället?

Answer: Serveringsstället är hela restaurangen med alla lokaler som tillhör serveringsrörelsen.

==================================================

Question: Vad betyder Erinran?

Answer: Erinran är den mildaste varianten av åtgärder mot den som missköter restauarangsverksamheten. Den används vid inte obetydliga, relativt lindriga brister.

==================================================

Question: 1. Vad innebär det om man får en varning?

Answer: En varning kan man få vid allvarligare brister. Det ska finnas möjligheter till förbättrade rutiner så verksamheten kan fortsätta. Om man inte gör det riskerar man att att kommunen återkallar serveringstillståndet.

==================================================

Alkami Api

December 30, 2023 Salauddin .

Question: Billpay

Answer: BillPay functionality is delivered via the Alkami Payments widget and allows users to manage payees, make payments, manage eBills, and more.

==================================================

Question: Who does Alkami Resell for Billpay? API or SSO?

Answer: CO-OP FIS: API
JHA/Profitstars IPAY: SSO

==================================================

Question: RDC

Answer: Mobile remote deposit capture widget allows members to deposit checks into accounts without visiting a branch or ATM location. In order to submit a mobile rDC deposit, the user must first select a destination account, enter a dollar amount for the deposit and add front and back pictures of the check. Once acceptable images are taken, the device submits the information back to the FI for processing.

==================================================

Question: Who does Alkami Resell for RDC? API or SSO?

Answer: Ensenta and Catalyst- API and SSO

==================================================

Question: Account Aggregation

Answer: Alkami resells Yodlee. Allows users to aggregate external accounts. User searches for and selects a financial institution from a list and enters credentials from that FI's website. Once the account information is received, that external account is displayed on the Dashboard and within the Accounts widget. Users can view transaction history and account information.

==================================================

Question: Who does Alkami Resell for Account Aggregation? API or SSO?

Answer: Ensenta- SSO

==================================================

Question: SMS Messaging

Answer: This is an MFA option which is disabled by default and must be enabled via Alkami.
This MFA option allows the user to select a phone number to receive an SMS message with a
onetime verification code. The user then enters the verification code received on their phone
into ORB.

==================================================

Question: Who does Alkami Resell for SMS Messaging?

Answer: Telesign

==================================================

Question: TouchID

Answer: Allow users to Save mobile devices so they can use their Touch ID or PIN instead of an online banking password.

==================================================

Question: Who does Alkami Resell for TouchID? API or SSO?

Answer: Alkami Product

==================================================

Question: Quicken/Quickbooks

Answer: Money Management tool via WebConnect for Windows & Mac. Quicken caters to one-person operations to where Quickbooks can do that plus more for larger businesses.

==================================================

Question: Who does Alkami Resell forQuicken/Quickbooks? API or SSO?

Answer: Intuit- API

==================================================

Question: P2P

Answer: Alkami is working on Zelle TBD. Allows users to pay other people utilizing email address or telephone number. Delivers payments via the debit rails for a near real-time movement of money.

==================================================

Question: Push Notifications

Answer: Allows the CU the ability to provide vivid, interactive and unique push notifications to members.

==================================================

Question: Who does Alkami Resell for Push Notifications? API or SSO?

Answer: Urban Airship- API

==================================================

Question: QuickApply

Answer: Alkami has integration w/ Meridian Link. Others to come such as Temenos & Lending 360. Ability for users to complete online/mobile consumer loan applications with auto-decisioning feedback via real-time API integration.

==================================================

Question: Who does Alkami Resell for Quickapply? API or SSO?

Answer: Alkami Product- API (available through Meridian Link) and SSO

==================================================

Question: Card Controls/Management

Answer: Allows users to view information about their debit and credit cards, control the use of these cards, and maintain their status without having to contact the CU directly. Available in desktop, mobile web, native mobile, and tablet and has feature parity across all platforms

==================================================

Question: Who does Alkami Resell for Card Controls/Management? API or SSO?

Answer: Alkami Product- API (PSCU/CO-OP), SSO (via Companion)

==================================================

Question: Flux Premium

Answer: Business Intelligence platform and data warehouse with customization abilities in reports, analytics dashboard, 5 years of historical data, and ability for data import and export. Comes with 2 standard admin seats and 2 power admin seats.

==================================================

Question: Who does Alkami Resell for Flux Premium? API or SSO?

Answer: Alkami Product

==================================================

Question: SDK

Answer: Development kit that allows FI's to develop custom widgets

==================================================

Question: Who does Alkami Resell for SDK? API or SSO?

Answer: Alkami Product

==================================================

Question: User Sentiment

Answer: Survey product that actively monitors our apps via app store reviews, our love ratio, and in-app survey data

==================================================

Question: Who does Alkami Resell for User Sentiment? API or SSO?

Answer: Apptentive

==================================================

Question: Shared Access

Answer: The ORB system allows for a user to share their accounts with other users including account holders and non-account holders. The user (account holder) can assign permissions and restrictions by account for the shared user to include: transfer to, transfer from, view balances, and pay bills.

==================================================

Question: Who does Alkami Resell for Shared Access? API or SSO?

Answer: Alkami Product

==================================================

Question: Spanish Language

Answer: The ORB Spanish Language Support functionality provides ORB end users the ability to specify their language preference and to display all end user facing text in their desired language (desktop and mobile).

==================================================

Question: Who does Alkami Resell for Spanish Language? API or SSO?

Answer: Alkami Product

==================================================

Question: FICO score widget

Answer: The FICO widget will display a user's actual FICO score, related score information (factors) and education. Promotional, news and educational content cannot be shown on the same page/widget as the actual FICO score per FICO program requirements. The Dashboard will also display a FICO indicator that links directly to the FICO widget.

==================================================

Question: Who does Alkami Resell for FICO score widget? API or SSO?

Answer: Alkami Product

==================================================

Alkalinity Up Leslie'S

December 30, 2023 Salauddin .

Question: What is the volume of an oval pool with A=12ft and B=22ft and an average depth of 6ft?

Answer: XX 9421.2gal

==================================================

Question: If a customer uses liquid chlorine as a sanitizer, the ideal range for Total Alkilinity would be:

Answer: 80-100ppm

==================================================

Question: Click on the letter that represents the pool pump.

Answer: C

==================================================

Question: Select all of the products listed that are unstabilized chlorine products.

Answer: XX Power Powder Plus, Fresh 'n Clear, Liquid Chlorine

==================================================

Question: Leslie's Power Powder Plus is not safe for use in vinyl-liner pools.

Answer: False

==================================================

Question: Testing for sanitizer is one of the nine tests that Leslie's will do free for our customers.

Answer: True

==================================================

Question: Which of the following is the easiest algae to kill?

Answer: Green

==================================================

Question: How much Leslie's conditioner do you need to add to a 18,000gal pool to raise the Cyanuric Acid level to 15ppm?

Answer: 35.10ounces

==================================================

Question: Yellow Out is used in conjunction with chlorine to kill algae.

Answer: True

==================================================

Question: Leslie's liquid chlorine raises the pH of the pool water.

Answer: True

==================================================

Question: Select the three elements that algae needs to survive:

Answer: Water, sunlight, carbon dioxide

==================================================

Question: Which chemical out of the following is in Leslie's Fresh 'n Clear?

Answer: Oxone Monopersulfate

==================================================

Question: The acceptable range for Calcium Hardness varies depending on the local water conditions.

Answer: True

==================================================

Question: Leslie's Power Powder Plus contains calcium hypochlorite.

Answer: True

==================================================

Question: Click on the letter that represents the pool filter.

Answer: D

==================================================

Question: Total Alkalinity, pH, Calcium Hardness, Total Dissolved Solids, and temperature makes up wjat?

Answer: Five elements of water balance

==================================================

Question: Yellow Out is effective on both yellow and green algae.

Answer: True

==================================================

Question: Isocyanurates is another name for unstabilized chlorine products.

Answer: False

==================================================

Question: Leslie's 1" and 3" chlorine tablets should never be used in outdoor pools.

Answer: False

==================================================

Question: Leslie's Black Algae Killer can cause water foaming.

Answer: True

==================================================

Question: Bromine works best in indoor pools and spas.

Answer: True

==================================================

Question: Click on the letters that represent the return inlets.

Answer: E / F

==================================================

Question: Which of the following algae generally grows in the shaded side of the pool?

Answer: Brown (mustard)

==================================================

Question: Which of the following chemicals are in Leslie's Alkalinity Up?

Answer: Sodium Bicarbonate

==================================================

Question: How much Soda Ash do you need to add to a 15,000gal pool to raise the pH from 7.0 to 7.4?

Answer: 12ounces

==================================================

Question: Leslie's 1" and 3" chlorine tablets are the strongest in the industry and provide 90% available chlorine.

Answer: True

==================================================

Question: How much Chlor Brite do you need to add to a 15,000gal pool to reach breakpoint chlorination (the pool has a 1.0 FAC reading and a 3.0 TAC reading)?

Answer: 75ounces

==================================================

Question: How much Alkalinity Up do you need to add to a 25,000gal pool to raise the alkalinity level to 20ppm?

Answer: 120ounces

==================================================

Question: Bromine has a very low pH.

Answer: True

==================================================

Question: Leslie's 1" and 3" chlorine tabs are slow dissolving.

Answer: True

==================================================

Question: Place these chemicals in their proper order of application.

Answer: Metal Free
Soda Ash
Hardness Plus
Chlorine
Ultra Bright

==================================================

Question: Which chemical out of the following is in Leslie's Chlor Brite?

Answer: Dichloro-s-Triazinetrione

==================================================

Question: How much liquid chlorine (12% ACC) do you need to add to a 45,000gal pool to raise the chlorine to 4ppm?

Answer: 192.6ounces

==================================================

Question: Leslie's 1" and 3" chlorine tablets should be placed in the skimmer basket.

Answer: False

==================================================

Question: What is the surface area of a kidney-shaped pool with a length of 40ft and widest points (A and B) of 16ft?

Answer: 576sq.ft

==================================================

Question: Click on the letter that represents the main drain.

Answer: A

==================================================

Question: Which chemical out of the following is in Leslie's Hardness Plus?

Answer: Calcium Chloride

==================================================

Question: Which of the following is the most difficult kind of algae to remove?

Answer: Black

==================================================

Question: Yellow Out is a liquid product that is 100% biodegradable.

Answer: False

==================================================

Question: Bromine is best used at 1.0ppm to 3.0ppm.

Answer: False

==================================================

Question: Which chemical out of the following is in Leslie's Chlorinator Tablets?

Answer: Trichloro-s-Triazinetrione

==================================================

Question: Leslie's 1" and 3" chlorine tablets are very acidic and will lower the pH of the pool water.

Answer: True

==================================================

Question: When a customer uses chlorine as their sanitizer, which of the following tests should you perform?

Answer: XX pH / Free available chlorine / Total available chlorine
XX pH / Free available chlorine / Total available chlorine / Metals

==================================================

Question: Leslie's liquid chlorine is safe for use in fiberglass pools.

Answer: True

==================================================

Question: You need to turn off the pool circulation (pump and filter) until the algae is removed.

Answer: False

==================================================

Question: Leslie's liquid chlorine, because it is a liquid product, goes into solution very quickly.

Answer: True

==================================================

Question: _____ chlorine products contain Cyanuric Acid, which acts as a sunscreen and helps prevent burn-off.

Answer: Stabilized

==================================================

Question: High Total Alkalinity can cause scale formation.

Answer: True

==================================================

Question: Which product out of the following has the lowest pH?

Answer: 3" Jumbo Tabs

==================================================

Question: What is the volume of a circular pool with a radius of 9.5ft and an average depth of 5ft?

Answer: 10,627gal

==================================================

Question: Which product out of the following has the highest pH?

Answer: Liquid Chlorine

==================================================

Question: Yellow Out is not safe for all pool types.

Answer: False

==================================================

Question: Poor oxidation can not be a cause of cloudy water.

Answer: False

==================================================

Question: Which of the chemical out of the following is in Leslie's Soda Ash?

Answer: Sodium Carbonate

==================================================

Question: Leslie's liquid chlorine is not safe for use in indoor pools.

Answer: False

==================================================

Question: Combined Available Chlorine measures the chlorine that is "tied up" with contaminants, sometimes called chloramines.

Answer: True

==================================================

Question: Poor filtration, algae, chemical imbalance can all be causes of cloudy water.

Answer: True

==================================================

Question: Leslie's uses the Baylor test kit for performing the Leslie's free nine point water test.

Answer: False

==================================================

Question: Leslie's Dry Acid is not appropriate for all pool surface and finish types.

Answer: False

==================================================

Question: Leslie's Black Algae Killer is a dry, granular product that must be mixed with water before adding.

Answer: False

==================================================

Question: Leslie's Muriatic Acid should be diluted with water before using.

Answer: True

==================================================

Question: What is the surface area of a round pool with a radius of 12ft?

Answer: 452.16sq.ft

==================================================

Question: Leslie's Alkalinity Up is appropriate for pool or spa use.

Answer: True

==================================================

Question: Leslie's Black Algae Killer contains copper so you must test for metals before using this product.

Answer: True

==================================================

Question: If the customer's total dissolved solids are too high, the customer needs to partially or completely drain the pool.

Answer: True

==================================================

Question: Leslie's Power Powder Plus is not safe for use in indoor pools.

Answer: False

==================================================

Question: Click on the letter that represents the skimmer.

Answer: B

==================================================

Question: Leslie's Power Powder Plus is a granular product that dissolved quickly.

Answer: True

==================================================

Question: Water with pH that is too high is considered:

Answer: Basic

==================================================

Question: Select two resources customers can use to test their water.

Answer: Test strips / Test kits

==================================================

Question: Which of the following algae clings to the pool surface so it must be brushed regularly?

Answer: QQ Brown(mustard) / Black

==================================================

Question: What is the surface area of a rectangular pool with a length of 36ft and a width of 18ft?

Answer: 648sq.ft

==================================================

Question: If the customer's pH and Total Alkalinity are both high, you should try to adjust pH first.

Answer: False

==================================================

Question: What is the volume of a rectangular pool with a length of 30ft, width of 20ft, and an average depth of 5ft?

Answer: 22,500gal

==================================================

Question: How much Muriatic Acid do you need to add to a 20,000gal pool to lower the pH from 7.8 to 7.6?

Answer: 24ounces

==================================================

California Real Estate Exam Questions And Answers Pdf

December 5, 2023 Dwayne Morise

Question: An appraiser's definition of "Value" would be:

a. present worth of all rights to future benefits arising out of ownership.
b. the ability of one commodity to command other commodities in exchange. c. relationship between the thing desired and the potential purchaser.
d. all of the above.
Answer: d. all of the above.

These are elements of value.
==================================================
Question: Which of the following abbreviations is associated with the FHA?

a. NAR
b. CPM
c. MIP/MMI
d. MBA
Answer: c. MIP/MMI

MIP - Mortgage Insurance Premium/Mutual Mortgage Insurance.
==================================================
Question: An investor group recently sold a parcel of land for $217,500, which was 45% more than they paid for it. The land is described as follows: N½ of the NW¼ of the SE¼ of Section 13 plus the W½ of the NE¼ of Section 13. What was the original price they paid per acre for the property?

a. $1,500
b. $1,200
c. $1,000
d. $750
Answer: a. $1,500

$217,500 ÷ 145% (1.45) = $150,000 original price
Acreage: N½ of the NW¼ of the SE¼ = 20 acres
W½ of the NE¼ = 80 acres
Therefore, price per acre = $150,000 ÷ 100 = $1,500.
==================================================
Question: Which of the following is NOT a lien?

a. Encumbrance
b. Homestead
c. Zoning
d. All of the above
Answer: d. All of the above

A lien is a charge against property, whereby the property is made security for payment of the debt, i.e., attachment.
==================================================
Question: A property sells for $121,000. The purchaser gives $10,000 down payment, agrees to place an additional $5,000 down, and ta ke over an existing VA first loan of $100,000, with the remainder to be in the form of a 2nd note and trust deed. For these cond itions, how much would the documentary tax stamps be?

a. $1.10
b. $5.50
c. $133.10
d. $23.10
Answer: d. $23.10

Do NOT pay on old existing loan being taken over. Therefore, ($121,000 - 100,000) ÷ 1,000 x ($1.10) = 21.0 x $1.10 = $23.10.
==================================================
Question: If an appraiser were called upon to evaluate a public building, which had unique and distinctive architecture, he would employ which of the following methods of valuation?

a. Replacement (cost approach)
b. Comparison
c. Capitalization
d. None of the above
Answer: a. Replacement (cost approach)

Since there is no income for capitalization and no means for comparing sales, replacement cost is the only approach available.
==================================================
Question: The members of the National Association of Real Estate Brokers are called:

a. Realtors®.
b. Consolidated Brokers.
c. Realtists.
d. None of the above.
Answer: c. Realtists.
==================================================
Question: If the taxes on a newly acquired property will amount to 1.25% of the purchase price, what will the first installment (6 months) bill for a home costing $125,500 be?

a. $765.35
b. $742.51
c. $784.38
d. $795.97
Answer: c. $784.38

$125,500 x (.0125) ÷ 2 = $784.38.
==================================================
Question: The best source for establishing the age of a home would be the:

a. county tax assessor.
b. building and safety department.
c. county recorder's office.
d. either a or b.
Answer: a. county tax assessor.

The county tax assessor is the best source for establishing the age of a home.
==================================================
Question: "Gross multiplier" is used to determine value of certain types of income properties. It is determined by:

a. dividing the gross rental income by the appraised value. b. multiplying the market price by the capitalization rate.
c. dividing the sales price by the gross monthly rental.
d. multiplying the gross monthly rental by a reasonable cap rate.
Answer: c. dividing the sales price by the gross monthly rental.

Gross Rent Multiplier is a rough, quick way of converting gross rent into market value.
==================================================
Question: Which of the following could be used with a purchaser without the immediate involvement of a title change?

a. Grant deed
b. Land contract
c. Quit claim deed
d. Warranty deed
Answer: b. Land contract

The land contract does not pass title until some later time, whereby the buyer (vendee) has performed certain requirements (i.e., accumulate a minimum amount of equity for down payment); title in the meantime remains with the seller (vendor).
==================================================
Question: It is preferable to use the replacement cost method of appraisal on new buildings, as opposed to old buildings, because:

a. it is easier to estimate depreciation.
b. values of land change.
c. it is difficult to estimate historical values.
d. local codes are changed from time to time.
Answer: a. it is easier to estimate depreciation.

As the age of the improvements on a property increases, it becomes more difficult to forecast the allowable depreciation.
==================================================
Question: The following are essential to the creation of an "agency" relationship, except:

a. parties are competent.
b. agreement to pay consideration.
c. agreement between principal and agent.
d. fiduciary relationship.
Answer: b. agreement to pay consideration.

"Gratuitous agent" would not necessitate consideration.
==================================================
Question: SHE owns a single-family residence in which SHE lives. SHE trades HE for another residence which HE is renting to a tenant. Both parties intend to use their newly acquired properties for rental income. Which of the following is true?

a. SHE can negotiate a tax-free (deferred) exchange.
b. HE can negotiate a tax free (deferred) exchange.
c. Both parties can negotiate tax-free exchanges.
d. Neither can negotiate a tax-free exchange.
Answer: b. HE can negotiate a tax free (deferred) exchange.

HE is exchanging income property for the same—like-for-like; SHE is not.
==================================================
Question: Examination of the records indicate there are conflicts between the local zoning restrictions and private restrictions contained within the deed that conveyed the property. Which of the following statements is true?

a. The deed restrictions would prevail.
b. The zoning restrictions would prevail.
c. Since they are in conflict, the earlier restriction would prevail.
d. The more restrictive of the two (deed vs. zoning) requirements would prevail.
Answer: d. The more restrictive of the two (deed vs. zoning) requirements would prevail.

The more restrictive of conflicting zoning restrictions would prevail.
==================================================
Question: Three general partners borrowed money and agreed to be liable for the repayment, either individually or collectively. They signed the security instrument:

a. jointly.
b. singularly.
c. jointly and collectively.
d. jointly and severally.
Answer: d. jointly and severally.

They are jointly (collectively) and severally (individually) responsible.
==================================================
Question: When all expenses, including taxes and insurance, are paid by the lessee along with a new amount of "rent" as agreed upon to the landlord, this is referred to as a:

a. gross lease.
b. net lease.
c. percentage lease.
d. sandwich lease.
Answer: b. net lease.

Net lease. Lessor receives a net amount for lease payment, lessee pays for expenses; property taxes, fire insurance, and operating expenses.
==================================================
Question: A lending institution hires an appraiser to evaluate a property for loan purposes. Select one of the following factors which would have the greatest influence on her appraisal.

a. The type of neighborhood surrounding the property
b. The size of the loan
c. The credit rating of the loan applicant
d. None of the foregoing
Answer: a. The type of neighborhood surrounding the property

The appraiser would have a basic interest in the kind of neighborhood and its resulting effect on market value. The other items in the question would be a matter of concern only to the lender.
==================================================
Question: On FHA and VA loans, the lender is allowed to charge the borrower a fee (percentage of the loan) as an initial service fee. This is generally referred to as a(n):

a. subordination fee.
b. accommodation fee.
c. acceleration fee.
d. origination fee.
Answer: d. origination fee.
==================================================
Question: In which of the following would you use a "package mortgage"?

a. When covering more than one parcel of land in a subdivision.
b. When encumbering real property and using personal property as additional collateral.
c. When securing additional financing from the lender at a later date without rewriting the original loan.
d. None of the above.
Answer: b. When encumbering real property and using personal property as additional collateral.

A loan that is secured by the basic lot and improvement, plus fixtures attached to the home (appliances, carpeting, drapes, air conditioning, and other kinds of personal property).
==================================================
Question: The primary purpose of the Federal National Mortgage Association (FNMA) is to:

a. provide large sums of money for the building industry.
b. finance the construction of low cost residential housing.
c. lend money in the residential marketplace lower than normal interest rates for lower income families.
d. Expand available home loan funds by buying and selling VA, FHA, and conventional loans in the secondary money market.
Answer: d. Expand available home loan funds by buying and selling VA, FHA, and conventional loans in the secondary money market.
==================================================
Question: For a straight-line schedule of depreciation:

a. earlier years receive more weight.
b. later years receive more weight.
c. each year receives equal weight.
d. none of the above.
Answer: c. each year receives equal weight.

For straight-line, the value is divided by the number of years over which depreciation is run—the same amount for each year. For "accelerated" methods, allow greater amounts of depreciation for the earlier years, and less for the later years
==================================================
Question: A lender with vast funds for investment, who prefers larger loans without collection responsibilities, would most likely be a(n):

a. commercial bank.
b. insurance company.
c. private lender.
d. savings bank.
Answer: b. insurance company.
==================================================
Question: One particular appraisal method would be more detailed and accurate than others. Which would it be?

a. Unit of cubic foot method
b. Unit of square foot method
c. Unit cost in place
d. Quantity survey
Answer: d. Quantity survey

The quantity survey is used by contractors in calculating the cost of construction of improvements. It is rarely used by appraisers because costly details are not necessary for most of their evaluations.
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Question: To "rescind" is the same as to:

a. revise.
b. transfer.
c. resale.
d. revoke.
Answer: d. revoke.

To revoke, or take away a license. (The Real Estate Commissioner has this power.)
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Question: The legal purpose of police power is to:

a. keep all types of commercial property out of residential neighborhoods.
b. keep the land in every area as similar as possible.
c. preserve or protect public health, safety, morals, or general welfare.
d. none of the above.
Answer: c. preserve or protect public health, safety, morals, or general welfare.
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Question: On which of the following dates do California real property taxes become a lien on the subject property?

a. December 10
b. April 10
c. July 1
d. January 1
Answer: d. January 1

On January 1 of the preceding the tax year, the lien is placed on the property. December and April dates above are dates taxes become delinquent for their respective periods, and July 1 is the beginning of the tax year.
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Question: In the development of a subdivision of single-family homes, which of the following would be the least economical?

a. Cul-de-sacs
b. Long blocks
c. Right angle (90%) intersections into major streets
d. Short blocks
Answer: d. Short blocks

With more streets, there's more cost and less land for homes.
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Question: Capitalization is a process by which an appraiser:

a. converts income into value.
b. determines depreciation.
c. establishes cost.
d. finds gross income.
Answer: a. converts income into value.

When he ascertains the true net income for investment, an appraiser uses the "capitalization approach" to estimate value.
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Question: Net income is determined by an appraiser using which one of the following?

a. Real property taxes
b. Capital additions
c. Depreciation reserves
d. Mortgage amortization and interest
Answer: a. Real property taxes

Real property taxes are considered as a fixed expense. Appraisers use them as deductions in computing net income. The other items are not in this category.
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Question: Three of the following are closely related. Which one is NOT?

a. Judgment
b. Claim
c. Real estate taxes
d. Easement
Answer: b. Claim

Claim is associated with insurance, whereby the others are types of encumbrances.
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Question: Financial enhancement, as compared to comfort and safety when purchasing a home, is generally considered:

a. absolute.
b. primary.
c. secondary.
d. none of the above.
Answer: c. secondary.
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Question: A true disadvantage of owning real property would be the lack of liquidity. Of the following, which would provide the greatest amount of liquidity to such an investment?

a. Amortization
b. Leaseback
c. Leverage
d. Syndication
Answer: d. Syndication

A syndication participant would be able to convert property interests into cash, without having to sell the property.
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Question: For a "blanket encumbrance," the typical release clause requires the debtor to pay more to the lender than each released property is worth because:

a. better lots are sold first.
b. compensates for unsold lots.
c. lender desires to increase security on overall loan.
d. all of the above.
Answer: d. all of the above.
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Question: A fire station building and a small appliance sales and repair store were recently leased on long-term leases at the same lease payment. Between the two, the fire station building would probably have a stable capitalization rate, which would be:

a. higher.
b. lower.
c. same as.
d. varying; sometimes higher, sometimes lower than the other property.
Answer: b. lower.

Since the lessee of the fire station building would be the government, classified as a more stable tenant, the owner would probably be willing to accept a lower return on investment.
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Question: In determining the value of a property, an appraiser would use the:

a. cost approach.
b. market approach.
c. income approach.
d. any or all of the above.
Answer: d. any or all of the above.

Appraisers use all three approaches to determine value.
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Question: "Domicile" most frequently means:

a. semi-circled ceiling.
b. relationship of parties.
c. home or residence.
d. none of above.
Answer: c. home or residence.
==================================================
Question: An investor who owned a 16-unit apartment complex has evaluated a newly installed freeway near his property, which has caused a decrease in monthly rent in the amount of $320. When an 11% "cap rate" for the area is applied, what is the resulting loss in value he has experienced due to the freeway?

a. $45,000
b. $40,908
c. $34,909
d. $32,468
Answer: c. $34,909
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Question: Which of the following represents an essential part of a valid grant deed?

a. Acknowledgment and recordation
b. Offer and acceptance
c. Parties capable of contracting
d. Parties properly described
Answer: d. Parties properly described

The five essential elements of a valid deed are: (1) In writing; (2) Parties properly described; (3) Adequate property description; (4) Operative words (granting); (5) Signed by Grantor.
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Question: In contracting, if one of the parties enters the agreement under duress, the contract would be:

a. valid.
b. voidable.
c. void.
d. Illegal.
Answer: b. voidable.

Until proved either valid or void, it is voidable.
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Question: Under a real property sales contract, Buyer "A" makes a $2,000 down payment to Seller "B" on a property he had been renting. The agreement is filed with the county recorder. Subsequently, "A" moves to Florida, without making any further payments, and with no notice of his intentions being made to "B." Which of the following would be true?

c. "A's" activity has no effect upon the marketability of the property.
d. There would be a cloud on the title to the property.
Answer: d. There would be a cloud on the title to the property.

Seller "B" would need a quitclaim deed from "A," or would need to seek a "quiet title action" in court to clear the cloud on his title so he could sell the property to another.
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Question: Appraisal fees:

a. may vary.
b. are always a fixed amount.
c. are based on a percentage of the appraised value.
d. are set by the loan broker.
Answer: a. may vary.

An appraiser's fee is set by the difficulty of the work and by the level of expertise required to complete the work. Percentage fees are illegal.
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Question: An unlawful detainer action may be filed by a landlord in all but one of the following. Which is it?

a. Tenant holds over after termination of lease.
b. Tenant fails to pay rent.
c. Tenant exercises lease option agreement, but fails to make payment as required.
d. Tenant breaches lease by permitting nuisance on the property.
Answer: c. Tenant exercises lease option agreement, but fails to make payment as required.

By process of elimination, this is the exception. The others are three of five lawful situations for exercising this action, the others being: (4) failure to perform any lease covenant, and (5) failure to give up possession when he had previously given written notice of intention to do so.
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Question: All the following statements are incorrect, except:

a. a real property security can be created from a note on a home not located in any subdivision.
b. real property securities are always secured by installment sales contracts.
c. real property securities and real property sales contracts are interchangeable terms.
d. out-of-state subdivisions offered in California for sale need not comply with Article 6 of the California Real Estate Law.
Answer: a. a real property security can be created from a note on a home not located in any subdivision.

All that is necessary would be the "guarantee" against loss, or a specific minimum yield, made by the selling broker.
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Question: Which of the following properties could be purchased using FHA financing, but NOT VA financing? The purchase of:

a. a business.
b. a farm.
c. farm equipment.
d. income property/property to be rented to a tenant.
Answer: d. income property/property to be rented to a tenant.

(4 maximum) is allowed, if the veteran will be residing in one of the units.
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Question: An owner acquires title to additional land on his river-front property when the river shifts its course. This is acquiring by:

a. acclamation.
b. accession.
c. abstraction.
d. alienation.
Answer: b. accession.

Accession - addition to property through efforts of man or by natural forces. Accretion - Accession to property through natural forces, for example, alluvium. Alluvium - Gradual increase of the earth on ocean front or bank of stream resulting from action of water.
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Question: Past expenditures for residential improvements are called:

a. costs.
b. investments.
c. price.
d. value.
Answer: a. costs.

They have nothing to do with establishing value.
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Question: The term "highest and best use," as the fundamental concept of value, is best defined as:

a. that which produces the greatest net return on the investment over a given period of time.
b. that which produces the highest gross income.
c. that which complies with all laws and restrictions.
d. that which makes the highest general contribution to the community.
Answer: a. that which produces the greatest net return on the investment over a given period of time.

Appraisers always consider the highest net income as the basis for the highest value.
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Question: A home sold for $150,000 on which the seller was to pay a 6% brokerage fee. Additional costs were: 2% prepayment penalty on existing loan balance of $102,800, escrow fees of $210, new loan discount fee of $534. The seller's cost of sale will be what percent of gross equity?

a. 20.5%
b. 25%
c. 23.4%
d. 228%
Answer: b. 25%

Commission = $150,000 x 6% = 50,000 x .06 = $9,000
Escrow Fees = 210
New Loan Discount Fee = 534
Prepayment Penalty = 2% x $102,800 = 2,056
Total Seller Costs = $11,800
Equity = Sale Price minus 1st loan = $150,000 - $102,800 = $47,200
Costs as "%" of Equity = $11,800 ÷ 47,200 x (100) = 25%
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Question: To whom is the Mortgage Insurance Premium (MIP) on a VA loan paid?

a. The broker
b. The mortgage company
c. The Veterans Administration
d. To no one
Answer: d. To no one

FHA has the requirement for such a premium, not the VA.
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Question: Which of the following would NOT be considered a "fiduciary" relationship?

a. Agent to seller
b. Attorney-in-fact to principal
c. Attorney to client
d. Trustor to beneficiary
Answer: d. Trustor to beneficiary

Fiduciary relationship involves "trust and confidence." This is NOT required between trustor (borrower) and beneficiary (lender).
==================================================
Question: Under which of the following types of financing is a buyer required to purchase term life insurance?

a. Cal-Vet
b. Conventional
c. FHA
d. VA
Answer: a. Cal-Vet

The State of California is the beneficiary.
==================================================
Question: If land was selling for $10,000 per acre, what would the following parcel sell for? The SE¼ of the SE¼ of the SE¼ of Sec. 4 a nd the S½ of the SW¼ of the SW¼ of Sec. 3 and the N½ of the NE ¼ of the NE¼ of the NE¼ of Sec. 9 and the N½ of the N½ of the NW¼ of the NW¼ of Sec. 10.

a. $400,000
b. $425,000
c. $450,000
d. $500,000
Answer: c. $450,000

Sec. 4: SE¼ of SE¼ of SE¼ = 1/4 x 1/4 x 1/4 x 640 acres = 10

Sec. 3: S½ of SW¼ of SW¼ = 1/2 x 1/4 x 1/4 x 640 acres = 20

Sec. 9: N½ of NE¼ of NE¼ of NE¼ = 1/2 x 1/4 x 1/4 x 1/4 x 640 acres = 5 Sec. 10: N½ of N½ of NW¼ of NW¼ = 1/2 x 1/2 x 1/4 x 1/4 x 640 acres = 10 Total Acreage = 45 acres

Price (total) = $10,000 x 45 acres = $450,000
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Question: The cost of an improved parcel of real property would probably be equal to its value in which of the following instances?

a. Highest and best use of the parcel.
b. The parcel as a new piece of property.
c. When a and b are both present.
d. None of the foregoing.
Answer: c. When a and b are both present.

A new piece of property would offer the best possibility of equality for cost and value. Determination of the highest and best use of a parcel would probably justify the cost of additional improvements, with the expectation of creating a profit.
==================================================
Question: An "agreement in a deed" would best match up with:

a. option.
b. prescription.
c. covenant.
d. subrogation.
Answer: c. covenant.
==================================================
Question: Which of the following would constitute a proper delivery of a deed?

a. Escrow mailing the deed to the Grantee after signed by seller, and after all other requirements of the escrow had been met, but also after the seller had died.
b. After signing, seller gave to broker with instructions to give it to buyer.
c. Escrow delivers deed to buyer without completed (signed) instructions.
d. After signing the deed, Grantee personally delivers to Grantor.
Answer: a. Escrow mailing the deed to the Grantee after signed by seller, and after all other requirements of the escrow had been met, but also after the seller had died.

Death does not automatically terminate contract. If it can be proved that the seller intended to deliver to the buyer upon completion of requirements of escrow, it would be a valid delivery.
==================================================
Question: For an appraisal being conducted on a residence built in 1910, which of the following would an appraiser use?

a. Original cost of construction
b. Original cost of materials multiplied by the change in the cost of living index since 1910
c. Today's cost of reproduction less depreciation
d. None of the above
Answer: c. Today's cost of reproduction less depreciation

This is the replacement cost method (cost approach).
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Question: In residential real estate lending, when lenders "soften" their requirements to allow less than qualified buyers to "qualify, ":

a. overall financing costs tend to remain the same.
b. overall financing costs tend to decrease.
c. overall financing costs tend to increase.
d. overall financing costs are not affected.
Answer: c. overall financing costs tend to increase.

Thus, the overall increase in costs of borrowing.
==================================================
Question: The best hedge against inflation would be:

a. equity assets.
b. government bonds.
c. mortgages/loans.
d. savings accounts.
Answer: a. equity assets.

A fine example of an "equity asset" is a single-family residence, which during an inflationary market condition, has a value that tends to follow the inflationary trends.
==================================================
Question: All of the following are methods for estimating accrued depreciation, except the:

a. engineering method.
b. market analysis method.
c. economic method.
d. cost of reproduction method.
Answer: c. economic method.

There are five recognized methods for measuring past, or accrued, depreciation:
1. The breakdown method
2. The engineering method
3. The straight-line method
4. The market method
5. The capitalized income method
The economic method is not included in this category.
==================================================
Question: A homestead offers NO protection against which of the following filed prior to the filing of the homestead?

a. Real property taxes
b. Mechanic's liens
c. Prior recorded liens
d. All of the above
Answer: d. All of the above
==================================================
Question: An owner has been found guilty of discrimination under the Health and Safety Code. What action can the aggrieved party take?

a. May purchase the property in question, if still available
b. May purchase another like property, if the original property is not available
c. May be awarded $500 in damages if neither a nor b available
d. All of the above
Answer: d. All of the above
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Question: In appraising a residential property, the appraiser must consider the forces currently influencing the neighborhood. Boundaries of such a neighborhood are best established by:

a. geographical situation.
b. social composition.
c. street pattern.
d. traffic flow.
Answer: b. social composition.

Theory: most people with mutual interest and desires usually group together in a given area (forming a neighborhood), creating market influences.
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Question: All of the following instruments are used to convey an interest in real property, except:

a. agreement of sale.
b. bill of sale.
c. deed.
d. lease.
Answer: b. bill of sale.

A bill of sale is used to convey title to personal property, NOT real property.
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Question: The recording of which of the following creates a lien?

a. Attachment
b. Easement
c. Notice of nonresponsibility
d. Restriction
Answer: a. Attachment

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Question: All of the following are methods for appraising unimproved real property, except the:

a. development method.
b. abstractive method.
c. market data method.
d. reproduction method.
Answer: d. reproduction method.

There is NO structure to reproduce on unimproved property. Therefore, the reproduction method is not applicable.
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Question: Real estate brokers and salespeople are authorized to engage in listing and selling certain manufactured homes which have been registered with the Department of Housing and Community Development for a minimum of:

a. 18 months.
b. 6 months.
c. 1 year.
d. 2 years.
Answer: c. 1 year.

No minimum time limit if manufactured home has been converted into real property.
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Question: An apartment owner desires to carpet his units. The area to be covered is 60% of the total 15,000 sq. ft. living space in the building. If the total cost of the carpet (including installation) is $14 per sq. yd., what will be the owner's total expenditure?

a. $12,000
b. $14,000
c. $16,000
d. $18,000
Answer: b. $14,000

Area to be carpeted (yds) = 15,000 x 60% ÷ 9 sq. ft/sq yd = 15,000 x (.60) ÷ 9 = 1,000

Total cost = area x $14 = 1,000 sq. yds x 14 = $14,000.
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Question: Involving the sale of a property, which of the following would be exempt from the "discrimination and unlawful acts" of the Health and Safety Code?

a. Duplex financed by VA loan.
b. Single family, owner-occupied residence financed by FHA.
c. Single family, owner-occupied residence unencumbered.
d. Twenty unit apartment financed by a conventional loan.
Answer: d. Twenty unit apartment financed by a conventional loan.

Law applies to: (1) owner-occupied, publicly assisted (gov't. financing program) single family dwellings; (2) Publicly assisted apartment units (3 or more); (3) Privately financed apartments (5 or more); and (4) Public housing projects.
==================================================
Question: Which of the following is NOT related to a "will"?

a. Bequeath
b. Bequest
c. Devise
d. None of the above
Answer: d. None of the above

Bequeath - to give, hand down, leave by will; Bequest - that which is given by terms of will; Devise - gift by will.
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Question: An appraiser, engaged to appraise a single-family residence, took away an amount of value because of "functional obsolescence." To which of the following was he referring?

a. Dry rot
b. Poor neighborhood
c. Single car garage
d. Zoning
Answer: c. Single car garage

In today's world, this feature would be considered "outdated," or in other words, functionally obsolete.
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Question: There are three methods normally used in the evaluation of real property. However, one of these might prove more effective and accurate than the others, depending on the type of property being appraised. For example, the comparison approach would be the most desirable choice in the appraisal of:

a. so-called amenity properties.
b. service properties.
c. industrial properties.
d. apartment properties.
Answer: a. so-called amenity properties.

Because of the appeal of amenities and of the effect of emotional factors related to single-family residences, the best basis for the analysis of current market value is by means of comparison.
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Question: Occasionally a property owner will realize a taxable gain when his property is destroyed or taken through condemnation. This is known as:

a. trading up.
b. depreciation.
c. owner's amenities.
d. involuntary conversion.
Answer: d. involuntary conversion.

The conversion of real property to personal property (money).
==================================================
Question: A member of the Institute of Real Estate Management would carry the designation:

a. NAREM.
b. MAI.
c. CPM.
d. PMA.
Answer: c. CPM.

CPM - Certified Property Manager. The others are: NAREM - National Association of Real Estate Managers; MAI - Member of Appraisal Institute; and PMA - Property Manager's Association.
==================================================
Question: A corporation "seal" evidences the:

c. proof of office of the presidency.
d. none of above.

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Question: According to R.E.S.P.A., on applicable loans, a lender is required to furnish a copy of a Special Information Booklet (prescribed by Housing and Urban Development) together with a "Good Faith Estimate" of closing costs to every person from whom it receives (or for whom it prepares) a written application for a federally related loan, within:

a. 3 business days.
b. 12 business days.
c. 15 business days.
d. 21 business days.
Answer: a. 3 business days.

By delivery, or placing it in the mail within 3 days.
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Question: Seller has paid the 1st half of the annual tax bill of $1,200. Buyer agrees to assume existing fire insurance policy, originally dated Oct. 1, 1986, with a three year premium of $900. Escrow to close on Mar. 1, 1988. What would be the net buyer proration for closing?

a. $200 credit
b. $275 debit
c. $675 credit
d. $475 debit
Answer: b. $275 debit

Taxes: $1,200 ÷ 12 = $100 per month. Seller owes buyer for 2 months

= $100 x (2) = $200 credit buyer

Insurance: $900 ÷ 36 = $25 per month. Buyer owes seller for 19 months unused premiums = $25 x (19) = $475 debit buyer

Net = debit buyer ($475 - 200) = $275 debit buyer
==================================================
Question: Two buildings, comparable in all respects, are leased to two different tenants, one the owner of a retail store, the other an agency of the federal government. How would the capitalization rates compare between the two buildings?

a. The capitalization rate on the federal building would be higher.
b. The capitalization rate on the federal building would be lower.
c. The capitalization rate would be the same for each.
d. The capitalization rate would be lower on the retail store.
Answer: b. The capitalization rate on the federal building would be lower.

A lease to a federal agency offers greater security to a lessor than does a lease on a retail store. This probably means that the lessor would accept a lower rental and lower income on the federal agency building. In turn, this indicates that the capitalization rate for the federal building would be lower and that it would be higher for the retail store. Since both buildings have equal size and value, these conclusions could be verified by the following computations: Assume the cost of both buildings at $200,000: the annual rental from the retail store at $12,000: from the federal building at $10,000: then: $12,000 ÷ $200,000 = .06, or 6% cap rate for the retail store. $10,000
÷ $200,000 = .05, or 5% cap rate for the federal building.
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Question: Which of the following statements will INCORRECTLY complete this phrase? A subdivider who is not a licensee of the DRE:

a. may not sell or offer for sale any lots in a subdivision prior to issuance of the Commissioner's Public Report.
b. may sell all lots in a subdivision himself.
c. may make any improvements on the land prior to receiving the public report.
d. may employ licensed real estate salespeople to sell lots in a subdivision.
Answer: d. may employ licensed real estate salespeople to sell lots in a subdivision.

Only a broker can hire or employ salespeople to sell real estate. The subdivider would have to employ a broker , who in turn would hire salespeople.
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Question: An apartment house offered single garages. When a new unit was built nearby, offering double garages, the tenants all moved into the newer units. This is an example of:

a. physical deterioration.
b. economic obsolescence.
c. social obsolescence.
d. functional obsolescence.
Answer: d. functional obsolescence.

Refers to "outdated" condition.
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Question: "Moral philosophy" best matches:

a. ethnics.
b. ethics.
c. dedication.
d. subordination.
Answer: b. ethics.
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Question: Which of the following would NOT be eligible for filing a mechanic's lien?

a. Architect
b. Handyman, if more than 75 days has elapsed since recording of notice of completion
c. Subcontractor, if a notice of completion has been recorded within the past 29 days
d. None of the above
Answer: b. Handyman, if more than 75 days has elapsed since recording of notice of completion

Following recordation of a notice of completion, a general contractor has 60 days to file; a subcontractor has 30 days . "b" has exceeded allowed time and therefore is ineligible to file. "c" must hurry, for he has only one day left.
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Question: Which of the following lenders would NOT be approved (respectively) by VA or FHA?

a. Federal bank
b. Institutional lender
c. Insurance company
d. Private lender
Answer: d. Private lender

VA and FHA do NOT guarantee or insure loans made by private lenders.
==================================================
Question: When real property is leased to various tenants, appraisers find it helpful to use a gross multiplier, which is founded upon:

a. gross income as a function of capitalized value.
b. rental value versus the selling price of the property.
c. gross income versus estimated gross income.
d. gross income as related to future net income.
Answer: b. rental value versus the selling price of the property.

Use of the gross multiplier implies a definite relationship between gross income and market value.
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Question: A property offered for sale for $88,000 has been appraised for a new FHA loan at an appraised value of $87,500. How large a loan can be obtained if the FHA down payment is 3% of the first $25,000 of the appraised value plus 5% of the remainder of $25,000 ?

a. $84,100
b. $83,625
c. $84,338
d. $84,125
Answer: b. $83,625

Loan calculation must use the APPRAISED value

Appraised Value = $87,500

Down Payment Requirements: 3% x $25,000 = $750

5% x 62,500 = 3,125

Total Down Payment = $3,875

Sale Price - Down Payment = Loan = $87,500 - 3,875= $83,625
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Question: A personal, revocable, and unassignable permission of authority to do one or more acts on the land of another, without possessing any interest therein, is the definition of:

a. license.
b. easement.
c. encroachment.
d. option.
Answer: a. license.

Easement includes an "interest"; license just gives permission.
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Question: The first and last months' rent payments were collected by the lessor, leasing a single family residence. The prepaid rents received would be reported on income tax:

a. in year received totally.
b. split between year received and year in which last month would occur.
c. all in year which last month occurs.
d. would not need to be reported because they were prepaid.
Answer: a. in year received totally.

Easement includes an "interest"; license just gives permission.
==================================================
Question: Which of the following is NOT necessary in the formation of a contract?

a. Acceptance
b. Consideration
c. Offer
d. Performance
Answer: d. would not need to be reported because they were prepaid.

Performance comes after the contract is formed.
==================================================
Question: The ratio of "physical deterioration" of a single-family residence, compared to its original replacement cost, would be greater in the initial 10 years for which of the following?

a. Lower quality home
b. Fair quality home
c. Good quality home
d. Excellent quality home
Answer: a. Lower quality home

Home built with poor quality materials and labor (workmanship) should require more maintenance and will deteriorate more rapidly.
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Question: The highest annual operating expense of an apartment normally would be assigned to:

a. utilities.
b. general maintenance.
c. management fees.
d. property taxes.
Answer: d. property taxes.

Property taxes in recent years have shown steady increases, and are becoming a greater factor in overall operating expenses.
==================================================
Question: Which of the following groups represent ALL specific liens?

a. Lien for descendants' debts, vendor's lien
b. Mechanics' liens, tax liens, assessment liens
c. Federal income tax liens, attachments, state inheritance tax liens
d. Corporate franchise tax liens, federal estate tax liens, judgment liens
Answer: b. Mechanics' liens, tax liens, assessment liens

All liens in this group are against one property.
==================================================
Question: Regarding a "Blanket Trust Deed," which of the following statements is correct?

a. It covers more than just one property.
b. It usually contains a "release clause" providing for release of a particular parcel upon the repayment of a specified portion of the loan.
c. It is typically used with a tract of homes built on speculation.
d. All of the above.
Answer: d. All of the above.

All the statements describe a blanket encumbrance, or trust deed.
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Question: The wording... "all monies paid on the property are to be held in trust until a release is obtained from the blanket encumbrance..." is required to protect the:

a. holder of blanket encumbrance.
b. broker.
c. subdivider.
d. purchaser.
Answer: d. purchaser.

This provision will assure the buyers that their money is safe, until such time the developer can get a release on the parcel of land involved with their purchase. Otherwise, without such "partial" release, no transfer of title could occur on various purchases until the encumbrance on the entire parcel developed was paid in full.
==================================================
Question: Which of the following would NOT be included in an "eminent domain" situation?

a. Condemnation proceedings
b. Fair consideration
c. For public good
d. Zoning regulations
Answer: d. Zoning regulations

This provision will assure the buyers that their money is safe, until such time the developer can get a release on the parcel of land involved with their purchase. Otherwise, without such "partial" release, no transfer of title could occur on various purchase s until the encumbrance on the entire parcel developed was paid in full.
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Question: A developer of a subdivision included a clause in each purchase agreement prohibiting signs offering individual properties for sale, until he had sold all the subdivision. Until developer completes sales of all parcels, which of the following is true?

a. Buyers may put up any size sign to attract prospective buyers for resale.
b. Buyers may put up reasonable size signs to attract prospective buyers for resale, for the original clause prohibiting signs would be unfair restraint and in violation of fair trade laws.
c. Buyers cannot put up any signs, as it would be against the law.
d. None of the above.
Answer: b. Buyers may put up reasonable size signs to attract prospective buyers for resale, for the original clause prohibiting signs would be unfair restraint and in violation of fair trade laws.
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Question: When computing the net income of an office building, an appraiser would consider, as a management expense, which of the following?

a. Salary paid to a manager
b. The owner acting as his own manager
c. A tenant performing as manager in lieu of rental
d. All of the foregoing
Answer: d. All of the foregoing

Calculation of net income for properties requires an assessment of management fees, regardless of the manner in which the service is performed.
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Question: Which of the following would complete this (true) statement? Property is:

a. real if movable.
b. personal if a fixture.
c. personal if not real.
d. real if tangible.
Answer: c. personal if not real.
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Question: A person holding a judgment against a real estate broker seeking relief from the Recovery Fund could obtain a maximum of:

a. $10,000.
b. $15,000.
c. $50,000.
d. $250,000.
Answer: c. $50,000.

$50,000 per claimant, not to exceed that figure for all claimants in a single transaction. The $250,000 is the maximum for multiple transactions per one licensee.
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Question: Abe owned two parcels of land, "A" and "B." Abe sold lot "A" to Bob who, before escrow closed, had the escrow officer change the deed to read lot "B." Escrow closed and documents were recorded. Bob then sold lot "B" to Chuck, who recorded his deed. Subsequently, Abe sold "B" to Daren, who recorded his deed. Who is the owner of lot "B"?

a. Abe
b. Bob
c. Chuck
d. Daren
Answer: d. Daren

Alteration (unilaterally) of the deed in escrow voided that deed. Therefore, no transfer to Bob of lot "B," and subsequently, none to Chuck, for Bob did not have title to that lot. Abe's transfer to Daren was valid. Title insurance involvement in these transactions would have saved a lot of trouble and headaches.
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Question: The Uniform Commercial Code revised, combined, and replaced many statutes and laws, including:

a. Uniform Conditional Sales Act.
b. Uniform Negotiable Instruments Law.
c. neither of the above.
d. both a and b.
Answer: d. both a and b.

California Code passed in 1965.
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Question: If not specified in escrow, what is the number of days normally allowed to close an escrow?

a. 30 days
b. 45 days
c. 60 days
d. A reasonable time
Answer: d. A reasonable time

There is NO standard time. Make certain that there is sufficient time allowed to accomplish the work to be done.
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Question: As part of his determination of value by means of the cost approach, an appraiser would employ the market data approach to determine the:

a. value of the land.
b. value of the improvements on the land.
c. integration of property values.
d. comparable values of adjoining properties.
Answer: a. value of the land.

The market data approach is used by an appraiser to compare the selling prices of similar land sites in the area. When values, so found, are added to the costs of improvements, this procedure is called the cost approach, and the result is a total value estimate of both land and improvements.
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Question: Broker A accepted a deposit from Buyer B with an offer on a property, and promptly deposited the Buyer's check into his Trust Account. Seller rejected the offer and Buyer demanded the deposit back—immediately. Broker wrote check to Buyer from Trust Account, but later learned that Buyer's original check had not cleared due to insufficient funds. Which of the following statements is correct?

a. Broker violated Real Estate Law by refunding Buyer's deposit before receiving notice it had cleared.
b. Broker has shortages in his Trust Account.
c. Broker should have given Buyer a postdated check.
d. All of the above.
Answer: b. Broker has shortages in his Trust Account.

This was poor judgment on the part of the broker
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Question: One month interest payment on a straight note amounts to $180. At 9% per annum interest rate, what is the face amount of the note?

a. $26,000
b. $20,000
c. $24,000
d. $27,000
Answer: c. $24,000

Annual Interest = $180 x 12 = $2,160. Interest amount divided by Rate = Principal Amount = $2,160 ÷ 9% = $24,000.
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Question: The appraiser's primary measure of the efficiency of an office building plan is:

a. elevator capacity.
b. corridor widths.
c. parking.
d. ratio of net rentable area to gross area.
Answer: d. ratio of net rentable area to gross area.
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Question: If the "demand" for homes goes up and the "supply":

a. diminishes, the values will decrease.
b. remains the same, the values go down.
c. remains the same, the values will increase.
d. goes up, the values will go up.
Answer: c. remains the same, the values will increase.

Law of supply and demand: If there is high demand and low supply, then values will rise.
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Question: Seller "ABLE" recently sold a property for $141,450, which was 15% more than he paid for it. He held the property for two years, during which time his interest expenses were 10% of his purchase price (5% per year). Taxes were $80 per $1,000 of assessed valuation, and the property was assessed at 25% of the original purchase price. Seller's ownership resulted in a net:

a. $11,070 loss.
b. $3,690 gain.
c. $1,230 gain.
d. none of the above.
Answer: c. $1,230 gain.

$141,450 ÷ 115% (1.15) = $123,000

Assessed Value = 25% x Purchase Price = (.25) x $123,000 = $30,750

Taxes = $80 x $30,750 ÷ 1000 = $80 x 30.75 = $2,460 x 2 yrs = $4,920

Interest Expense = 10% (.10) x $123,000 = $12,300

Gross Expenses = $4,920 + $12,300 = $17,220

Sale Price - Purchase Price = $141,450 - 123,000 = $18,450

Net Profit = $18,450 - 17,220 = $1,230 Gain
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Question: A $2,000 down payment was made on a property, which was purchased for $20,000. The gross return on the purchase price was 9%. The only expense in the transaction was a 7% interest charge. The percentage return on this investment would be:

a. 11%
b. 13%
c. 27%
d. 8%
Answer: c. 27%

$20,000 x . 09 = $1,800 Gross return $18,000 x .07 = $1.26 Interest expense =

Gross return - interest = net return = $1,800 - $1,260 = $540 net return. Net return divided by Investment = % return on investment

$540 ÷ $2,000 = 27%.
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Question: The resale of which of the following would NOT require a notice to the Department of Real Estate (DRE)?

a. 2 units in a planned development
b. 5 units in a condominium project
c. 5 lots in a standard subdivision
d. 5 units in a stock cooperative
Answer: a. 2 units in a planned development

The DRE requires a notice to be filled for the resale of 5 lots or more in a planned unit development (PUD)
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Question: A licensed real estate broker, buying and selling many properties for himself, may have his profits taxed as:

a. long-term capital gains.
b. short-term capital gains.
c. deferred capital gains.
d. ordinary income.
Answer: d. ordinary income.

One who holds property "primarily for the sale to customers in the ordinary course of business" is considered a "dealer" and may have profits taxed as ordinary income.
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Question: Advertising regulations of the Truth-in-Lending Law apply to all of the following, except:

a. homeowner who is advertising his/her own home for purchase subject to the existing loan.
b. homeowner advertising that loan may be assumed under certain terms.
c. financing institution advertising to promote consumer credit.
d. broker advertising a property with an annual percentage rate.
Answer: a. homeowner who is advertising his/her own home for purchase subject to the existing loan.

Regulation "Z" requires that those who "extend credit" must make certain disclosures.
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Question: When taking a listing, what is the most important question to ask?

a. Will you help finance the sale?
b. What is your asking price?
c. Why are you selling?
d. What are your existing loans?
Answer: c. Why are you selling?

It is called "Motivation," and tells you how serious they are about selling.
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Question: When using the cost approach to determine the value of land and improvements of a property, an appraiser would use:

a. one approach to arrive at a value for both.
b. one approach to arrive at a value for each.
c. separate approaches to arrive at a value for each.
d. none of the above.
Answer: c. separate approaches to arrive at a value for each.

Value of land - comparison approach; Value of improvements based on today's building costs.
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Question: If a $52,500 loan was made on a property which was equivalent to 70% of the appraised value. What was the amount of the appraised value?

a. $90,000
b. $80,000
c. $50,000
d. $75,000
Answer: d. $75,000

$52,500 ÷ .70 = $75,000 appraised value.
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Question: A real estate broker lends his own money to Buyer to aid in purchasing a home. The note is for $4,000, and will be secured by a trust deed on the purchased property. The note interest rate is 12% per year, with monthly payments of $40. Final payoff will be on the 48th monthly payment. Which of the following is true?

a. Broker holds legal title to property.
b. Broker is in violation of usury.
c. Final amount of payoff on the 48th month will be $4,040. d. None of the above.
Answer: c. Final amount of payoff on the 48th month will be $4,040.

Payments are "interest only," resulting in no principal reduction. The final month payment PLUS the $4,000 principal is due at that time.
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Question: Which of these words does NOT belong with the others?

a. Will
b. Executor
c. Sale
d. Heir
Answer: c. Sale

a, b, and d relate to disposition of property after death.
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Question: Regarding termination of estates in manufactured home parks, a tenant who has a tenancy in a manufactured home that cannot be legally moved without a permit, may not have the tenancy terminated without written notice of not less than:

a. 30 days.
b. 45 days.
c. 60 days.
d. 90 days.
Answer: c. 60 days.
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Question: Which of the following would come first?

a. Hereditament
b. Attachment
c. Writ of Execution
d. Judgment
Answer: b. Attachment

Attachment is the process whereby property is seized and retained in custody of court as security for satisfaction of judgment plaintiff "hopes" to obtain in pending litigation. Execution is the final act. Hereditament is property that is capable of being inherited.
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Question: Which of the following is nearest to a synonym of "metes and bounds"?

a. Angles and degrees
b. Measures and perimeters
c. Degree of perimeters
d. Angles and measures
Answer: d. Angles and measures

"Metes" means distance or angles; "Bounds" means boundaries or measures.
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Question: If the rent of commercial property increased well above the maintenance or servicing costs, the resulting situation would:

a. not affect the vacancy rate.
b. increase the effective gross income.
c. increase the demand for space.
d. increase the vacancy rate, and tenants would tend to conserve on space.
Answer: d. increase the vacancy rate, and tenants would tend to conserve on space.

When rent controls are not a factor, rental prices can become highly competitive. When established rent is too far above housing and servicing requirements, tenants tend to conserve on space, and the vacancy rate will increase.
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Question: National Fair Housing principles are founded on:

a. First Amendment to the Constitution.
b. Unruh Act.
c. 13th Amendment to the Constitution.
d. Rumford Act.
Answer: c. 13th Amendment to the Constitution.

The 13th Amendment and Title 8 of the Civil Rights Act of 1968 both provide for fair housing on a national level.
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Question: The county building inspector would not approve a site ready for construction on a new residence until a "percolation" test had been approved. The latter deals with:

a. the water table.
b. runoff drainage.
c. the septic tank.
d. none of the above.
Answer: c. the septic tank.

Deals with the ability of earth to filter liquids from the septic tank.
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Question: An investor purchased a property, financing with a 75% loan-to-value ratio loan. Payments of interest only for the first 6 months was $6,000. Interest rate is 10%. What was the appraised value of the property?

a. $170,000
b. $160,000
c. $150,000
d. $140,000
Answer: b. $160,000

Annual Interest = $6,000 x 2 = $12,000

Principal Amount = $12,000 ÷ 10% (.10) = $120,000

Appraisal Value = Loan divided by (LTV Ratio) = $120,000 ÷ 75% (.75)

= $160,000
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Question: With which of the following would appraisers least likely use the "gross income" appraisal technique?

a. Residential apartments
b. Industrial
c. Commercial
d. Public buildings
Answer: d. Public buildings

Public buildings do not have "income production" capacities.
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Question: A subordination clause written into a 1st trust deed would benefit the:

a. trustee.
b. trustor.
c. beneficiary.
d. lender.
Answer: b. trustor.

Allows the borrower to more easily obtain additional funds (i.e., for construction loan) with the new funds being secured by a new first trust deed, which moved ahead of the original first deed, which has now subordinated to the subsequent loan.
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Question: A net lease may be said to have which of the following characteristics?

a. It is a percentage of the profits.
b. It does not benefit the lessor.
c. It produces a net income for the lessor.
d. The lessor pays for all variable expenses.
Answer: c. It produces a net income for the lessor.

A net lease provides a lessor with a fixed income, which is founded on an agreement requiring the lessee to pay all variable costs, such as insurance and property taxes.
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Question: If Notification of Default was filed on July 15 and publication of sale was started on Oct. 15, the right of the Trustor after Oct. 15 is:

a. pay the back payments and late charges and fees.
b. pay the balance due, including all penalties and late charges.
c. neither a nor b.
d. either a or b.
Answer: d. either a or b.

The loan can be reinstated until 5 days before the auction.
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Question: Demise deals with:

a. transferability of an estate by lease or will.
b. personal property left in a will.
c. a "type" of will.
d. none of the above.
Answer: a. transferability of an estate by lease or will.

Not to be confused with "devise," a gift of real property by will.
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Question: An owner of a cooperative apartment project makes monthly payments which include principal, interest, taxes, and insurance. Which of the following statements is NOT correct?

a. Tax collector will render a separate tax bill to each owner.
b. Assessment bond costs will be divided among the owners.
c. Owner may deduct the amount of property taxes paid on his income tax return.
d. If other owners fail to make payments, all owners could lose their equities, for a foreclosure action could be taken against the (single) blanket type loan, unless delinquencies were brought current.
Answer: a. Tax collector will render a separate tax bill to each owner.

A stock cooperative receives one tax bill in the name of the corporation.
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Question: If a broker decided to add to his real estate business and handle the sale of trust deeds, what other kind of license would he have to get?

a. Loan broker's license
b. Securities dealer's license
c. Business opportunity license
d. None of the above
Answer: d. None of the above

A broker's license is required. The other answers are nonexistent. For selling real property securities, a broker must obtain an "endorsement" to complement his broker's license.
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Question: An appurtenant easement need NOT be mentioned in a deed since it:

a. is hypothecated.
b. is pledged.
c. goes with the land/runs with the land and is thus automatically transferred.
d. all of the above.
Answer: c. goes with the land/runs with the land and is thus automatically transferred.

Automatically goes with the land.
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Question: The prospective purchaser of real property would be most concerned with the:

a. economic life remaining in the improvements.
b. physical life remaining in the improvements.
c. chronological age of the improvements.
d. effective age of the improvements.
Answer: a. economic life remaining in the improvements.

Effective age indicates existing conditions, as related to past maintenance. Chronological age is related to past events affecting a property. Of course, remaining physical age is important to the purchaser, but she is more concerned with the estimated period over which she may utilize the property for profit.
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Question: What is NOT required to be disclosed under the Truth-in-Lending Law?

a. Annual percentage rate (APR)
b. Length of loan
c. Monthly payment
d. Total finance charge in purchase of single-family, owner-occupied dwelling
Answer: d. Total finance charge in purchase of single-family, owner-occupied dwelling

Only the APR, length of loan, and monthly payments are required.
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Question: In a real property sales contract for the purchase of newly subdivided land, a clause prohibits the purchaser from prepaying principal during the first 12 months following the purchase. The buyer is to only make his normal monthly payments. If the buyer subsequently selects to pay off the contract, within the first 12 month period, the clause:

a. is binding on the buyer.
b. may be ignored by the buyer.
c. is illegal and voids the contract.
d. could have been waived by the buyer by sending such notification to the subdivider.
Answer: b. may be ignored by the buyer.

"Lock-ins" are allowed only in private party financing.
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Question: According to the statute of frauds, all the following must be in writing to be enforceable, except:

a. an agreement that (by its terms) is not to be performed within one year of execution of the agreement.
b. an agreement that employs a broker to solicit, sell, lease, or exchange real property.
c. a partnership agreement between two or more parties to engage in the sale or exchange of real property.
d. an agreement for leasing real property for more than one year.
Answer: c. a partnership agreement between two or more parties to engage in the sale or exchange of real property.

If this had been a limited partnership by definition, then it, too, must be in writing.
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Question: Which of the following would most likely appear in an appraiser's definition of "highest and best use"?

a. Contract rent
b. Ground rent
c. Economic rent
d. Net return
Answer: d. Net return

Definition refers to the use, which at the time of appraisal is most likely to produce the greatest net return to the land and/or buildings over a given period of time.
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Question: Productivity is a direct function of:

a. demand.
b. supply.
c. use.
d. value.
Answer: c. use.

The more a commodity/product is "used," the more will be produced.
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Question: A new, large-scale shopping center requires a loan for financing purposes. The lender would place major emphasis on which of the following features?

a. Long-term leases
b. Short-term leases
c. Anchor tenant (A+ credit/large company)
d. The experience and background of the developer
Answer: c. Anchor tenant (A+ credit/large company)

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Question: Over and above the strictly legal relationship, the Real Estate Commissioner feels that the relationship between the salesperson and the client should be like that higher and more important relationship of:

a. vendor to vendee.
b. broker to salesperson.
c. trustee to beneficiary.
d. attorney to client.
Answer: c. trustee to beneficiary.

Trustee has a "fiduciary" relationship with the beneficiary
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Question: Two businessmen have been operating their businesses successfully in a community for a number of years. They have frequently made referrals between one another. Mr. E is an insurance broker; Mr. M is a real estate broker. They are considering joining forces, as partners - "E" & "M" Real Estate & Insurance. Which of the following statements is correct?

a. Their partnership would be permissible, as the law allows brokers to form partnerships.
b. They would be required to secure a partnership license and file their name with the Secretary of State.
c. This is good as long as only Mr. E sells insurance.
d. Mr. E would be required to secure a real estate broker's license.
Answer: d. Mr. E would be required to secure a real estate broker's license.

Although real estate brokers can form partnerships with unlicensed persons, only brokers' names are permitted as part of the firm's name.
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Question: The California Commissioner of Real Estate has authority to:

a. create laws to discipline licensees.
b. promulgate reasonable rules and regulations.
c. settle commission disputes.
d. issue licenses for out-of-state licenses.
Answer: b. promulgate reasonable rules and regulations.

Does not create laws, but makes the rules and regulations that have the effect of law.
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Question: Which of the following types of depreciation would be difficult to eliminate?

a. Economic obsolescence
b. Functional obsolescence
c. Physical depreciation
d. Physical deterioration
Answer: a. Economic obsolescence

The DRE looks at this question as measured by "cost to cure." Economic
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Question: A "walkup" in real estate terms refers to:

a. manufacturing properties.
b. drive-in restaurants.
c. manufactured home parks.
d. apartments.
Answer: d. apartments.

Multilevel tenement apartments, without elevators.
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Question: Real estate appraisers may use the 4-3-2-1 Rule as a useful tool in their work. It applies to the:

a. lot and improvements.
b. tract evaluation.
c. house, lot, and garage
d. method for appraising lots of differing depths.
Answer: d. method for appraising lots of differing depths.

The 4-3-2-1 Rule is used to measure the value of adjacent lots, which have different depths. Lot value is considered to be 40% in the first quarter (front of lot), 30% in the second quarter, 20% in the third quarter, and 10% in the last quarter of depth.
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Question: The expression "A Bundle of Rights" best describes:

a. a Lessee's rights to quiet and complete freedom of possession of the leased property.
b. a Vendee's rights in a Land Contract agreement.
c. rights or interest which an owner has in the thing he/she owns—the right to possess, use, encumber, dispose of, and to exclude.

Answer: c. rights or interest which an owner has in the thing he/she owns—the right to possess, use, encumber, dispose of, and to exclude.

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Question: A buyer wishes to purchase a home through Broker Bob, making the following offer: Sale price is $100,000; Buyer to put $10,000 down and obtain a new FHA insured loan for $80,000; Buyer to execute a 2nd note and trust deed in favor of seller for $10,000. Broker should advise:

a. transaction is okay.
b. seller should not have the new 2nd trust deed recorded until after escrow has closed, so as not to alarm FHA.
c. the Buyer that she cannot purchase in this manner, because FHA does not allow 2nd notes and trust deeds, but requires cash to the FHA loan.
d. none of the above.
Answer: c. the Buyer that she cannot purchase in this manner, because FHA does not allow 2nd notes and trust deeds, but requires cash to the FHA loan.

This is an FHA requirement.
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Question: An option in a lease:

a. is illegal.
b. is valid only if recorded.
c. normally passes with the assignment of lease, even if not mentioned in the assignment.
d. none of the above.
Answer: c. normally passes with the assignment of lease, even if not mentioned in the assignment.

All terms of lease pass with lease, whether mentioned or not.
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Question: The agency of a real estate broker is best created by:

a. estoppel.
b. expressed contract.
c. implied contract.
d. ratification.
Answer: b. expressed contract.

Should be expressed, in writing.
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Question: Under real estate law, a manufactured home park is:

a. an area or tract of land where 5 or more manufactured home lots are rented/leased for human habitation.
b. an area or tract of land where 2 or more manufactured home lots are rented/leased to accommodate manufactured homes used for human habitation.
c. an area or tract of land where 1 or more manufactured home lots are owned outright by a manufactured home owner.
d. none of the above.
Answer: b. an area or tract of land where 2 or more manufactured home lots are rented/leased to accommodate manufactured homes used for human habitation.
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Question: The least protection against blighting in any given area is provided by which of the following?

a. Zoning ordinances
b. Artificial and natural barriers
c. A neighborhood not fully developed
d. Residents aware of the hazards of blighting
Answer: c. A neighborhood not fully developed

A partially developed neighborhood receives little protection from blighting influences. Unfavorable elements, such as poor upkeep and divergent uses of property, are difficult to restrict or control.
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Question: What landmark case of the U.S. Supreme Court affected fair housing by prohibiting discrimination?

a. Shaffer v. Beinhorn
b. Jones v. Mayer
c. Weinhoff v. Morgan
d. None of the above
Answer: b. Jones v. Mayer

Jones v. Mayer (After Civil War) was the landmark case that helped create Title VIII of the Federal Civil Rights Act of 1968.
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Question: Regarding easements, which of the following is NOT correct?

a. Easements can be created by reservation.
b. Easements can be created by dedication.
c. A lessee can give an easement for the duration of a lease to a third party.
d. Deeds granting unlocated easements are invalid.
Answer: d. Deeds granting unlocated easements are invalid.

Easements do not have to be specifically located to be valid.
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Question: Which of the following would NOT affect the basis of real property?

a. Remodeling
b. Maintenance
c. New roof
d. New concrete patio
Answer: b. Maintenance

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Question: In California, the salesperson's commission is paid by the:

a. seller.
b. buyer.
c. escrow holder.
d. broker.
Answer: d. broker.

All money for salespeople MUST come from/through their broker.
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Question: On a property, a pump and well would be considered:

a. an improvement.
b. taxable as capital gains.
c. both a and b.
d. none of the above.
Answer: a. an improvement.
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Question: When comparing a rental situation with the ownership of a home, which of the following does not represent a cost of home ownership?

a. Repayment or amortization of a loan
b. Depreciation of the investment in a home
c. Property taxes and bond assessments
d. An equity investment, which does not produce an income
Answer: a. Repayment or amortization of a loan

When an owner amortizes, or pays back, the principal on a loan by means of regular installments, it is not an expense because his equity is increased. In effect, he puts money out in one direction, but receives it back from another direction.
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Question: *A broker obtained an exclusive listing to sell a piece of property. He spent much time, money, and energy. The seller refused to allow the broker to proceed under the agreement. The broker should:

a. consider the seller's refusal a breach and sue for damages.
b. consider the seller's refusal a breach and claim the amount of commission as liquidated damages.
c. ignore the seller and proceed.
d. relieve seller of liability, and work on improving relationship so as to enable retaining future business.
Answer: a. consider the seller's refusal a breach and sue for damages.

When seen from a technical point of view. In reality, sometimes "d" would result in more favorable and profitable end results.
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Question: A home built in 1959 cost $14,500. The home is 32' x 48' and the attached garage is 18' x 20'. In 1983, the cost per square foot factors were $75 (house) and $15 (garage). If the improvement depreciated at 2% per year and the land value of the lot had risen to $25,000, what was the value of the property in 1983?

a. $84,367
b. $81,258
c. $87,531
d. $87,712
Answer: d. $87,712

32' x 48' = 1,536 sq. ft. x $75 = $115,200
18' x 20' = 360 sq. ft x $15 = 5,400

{ $115,200 + 5,400 = 120,600 }
Cost new in 1983 = 120,600
Minus 2% per year depreciation = - 57,888

{ 120,600 - 57,888 = 62,712 }
Improvement adjusted basis = $62,712
Land value = 25,000

{ 62,712 + 25,000 = 87,712 }
Approximate value (1983) of property = $87,712
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Question: On which of the following properties may one file a valid Declaration of Homestead?

a. Fourplex
b. House on 2-acre parcel
c. Single-family dwelling
d. All of the above
Answer: d. All of the above

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Question: A real estate broker who negotiated a real property loan must record the trust deed:

a. within 10 days of release of funds, provided lender authorizes prior release.
b. before any funds are released.
c. either a or b.
d. none of the above.
Answer: c. either a or b.
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Question: If a broker procures a loan for a principal for $89,000, the broker would provide which of the following documents?

a. Real Property Security Statement
b. Broker's Loan Statement
c. Both a and b
d. Neither a nor b
Answer: b. Broker's Loan Statement

A Broker's Loan Statement is required anytime a broker procures a loan.
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Question: To a land developer, suburban land is preferable to urban land for development purposes. Which of the following reasons is applicable?

a. Development costs are lower.
b. Suburban land has the potential for containing a complete community.
c. The value of adjoining land is increased.
d. Low-cost housing for single persons can be provided.
Answer: b. Suburban land has the potential for containing a complete community.

When working with suburban land, the developer, in conformance with zoning ordinances, has the freedom to select suitable areas for school, commercial properties, and residences. In urban areas, where growth patterns and zoning requirements are usually well established, the developer has much less freedom of choice.
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Question: In a period of tight money, the Federal Reserve Bank can increase the supply of money by:

a. raising the discount rate charged to member banks.
b. increasing member bank reserve requirements.
c. selling bonds on the open market.
d. lowering member bank reserve requirements.
Answer: d. lowering member bank reserve requirements.

The resulting surplus reserve funds would increase money available for customers to borrow from member banks. Answers "a" "b" "c" would result in decreasing available funds.
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Question: A business has been sold, and the State Board of Equalization has checked the records and found that all required taxes have been paid. The board will then issue to the buyer a:

a. tax paid receipt.
b. clearance receipt.
c. successor's liability receipt.
d. none of the above.
Answer: b. clearance receipt.

If the buyer does not get this clearance receipt from the board, the buyer is liable for any unpaid taxes the seller did not pay.
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Question: A freehold estate is a(n):

a. estate for years.
b. estate at will.
c. estate from period-to-period.
d. fee simple estate.
Answer: d. fee simple estate.

Freehold = Fee simple; Less than Freehold = Leasehold.
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Question: The primary source of funds for junior loans is:

a. the FHA.
b. institutional lenders.
c. noninstitutional lenders.
d. private lenders.
Answer: d. private lenders.

Owners, taking back 2nds, 3rds, etc.
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Question: Which of the following is an encumbrance?

a. Freehold estate
b. Homestead
c. Lease agreement
d. Recorded subdivision map
Answer: c. Lease agreement

Anything which affects or limits fee simple title to real property is a burden.
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Question: An appraiser would NOT be in violation of the USPAP if he:

a. pays people to refer clients to him.
b. accepts an appraisal assignment, knowing that he is not fully qualified to handle the assignment.
c accepts an appraisal fee based upon a percentage of the value estimate.
d. accepts an appraisal fee for service on a property in which he has an interest, a fact which has been disclosed to his client in writing.
Answer: d. accepts an appraisal fee for service on a property in which he has an interest, a fact which has been disclosed to his client in writing.

It is permissible to collect a fee for service on a property in which the appraiser has an interest, providing the fact has been disclosed properly to the client.
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Question: Mr. Traveler needs money to go on a trip. He possesses a $10,000 note and T.D. on the Mayor's farm. Mr. Banks offers to loan Mr. Traveler the $4,000 he needs, providing he can hold the $10,000 note and T.D. as security. If all agree, this would be an example of a:

a. real chattel agreement.
b. purchase money trust deed agreement.
c. subordination agreement.
d. negotiated pledge agreement.
Answer: d. negotiated pledge agreement.

This is a negotiated pledge agreement - Mr. Traveler has pledged the not and TD as security.
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Question: Which of the following would NOT qualify for an "on-sale" liquor license?

a. A club that was six months old
b. A cafeteria that was six months old
c. 12-year-old restaurant
d. One year old hotel
Answer: a. A club that was six months old

Clubs must not have been in business for less than one year.
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Question: In situations whereby real property taxes are not paid, the Tax Collector will affect a "Sold to the State" on which of the following dates?

a. July 1, following the unpaid year
b. June 30, five years after the unpaid tax year
c. June 30, the last day of the unpaid tax year
d. None of the above
Answer: c. June 30, the last day of the unpaid tax year

On the day just prior to the new tax year, the collector effects a "book sale" of the property to the State. If not redeemed within 5 years, then on June 30 (end of 5th year following book sale), property is deeded to State. Sale or auction would follow.
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Question: A buyer purchasing a home financed by a new FHA loan should do all of the following, except:

a. find a property that will meet FHA requirements.
b. find a seller willing to sell under FHA terms.
c. find a lender who makes FHA loans.
d. contact FHA for an appraisal.
Answer: d. contact FHA for an appraisal.

The lender or broker will have the appraisal made, if the seller has not already done so.
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Question: A broker was hired by a seller to sell her land for a prescribed commission. However, the broker incurred more expenses while trying to sell the land than he anticipated. If the broker asked the seller to increase the commission at the time of the sale, and the seller agreed to do so, this would be:

a. against the law.
b. illegal.
c. legal.
d. none of the above.
Answer: c. legal.

A contract to be performed may be altered with consent of all parties involved.
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Question: Which of the following may value real estate for a federally related loan transaction?

a. Real Estate Brokers
b. Certified Public Accountants
c. Licensed or Certified Real Estate Appraisers
d. Chartered Evaluators
Answer: c. Licensed or Certified Real Estate Appraisers

Brokers may value real estate for non-loan purposes, CPAs value business interests, Chartered Evaluators are British
Appraisers.
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Question: An investor purchased a $140,000 four-unit apartment building. For a "Cap Rate" of 10%, what would the owner have to get monthly from each of the two bedroom units?

a. $342
b. $292
c. $252
d. $272
Answer: b. $292

Value x Rate = Income; $140,000 x 10% = $14,000 Gross Annual Income; $14,000/4/12 months = $292 per unit per month.
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Question: The least important factor in a "sale-lease back" is:

a. the credit rating of the lessee.
b. a well designed general purpose building.
c. a well located building.
d. seller's book value of the building.
Answer: d. seller's book value of the building.

Seller becomes lessee. The book value is not important any longer, for the new owner will set up his own books for tax purposes.
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Question: An investor needed cash for additional investments, and "took out" a loan against his property. His interest payment on this new loan was less than the net return he was realizing on the property. This is an example of:

a. capital turnover.
b. trading on equity.
c. band of investment.
d. deficit financing.
Answer: b. trading on equity.
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Question: An auctioneer who sells a business on which a Notice of Sale was properly recorded and published:

a. is personally liable for any losses to seller's creditors.
b. must have a "Business Opportunity" license.
c. must have a "Securities Dealer" license.
d. only needs a Real Estate Broker's license.
Answer: d. only needs a Real Estate Broker's license.

Sale of business opportunities fall under DRE jurisdiction.
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Question: Base lines run:

a. north and south.
b. east and west.
c. north and east.
d. none of the above.
Answer: b. east and west.

Base lines run east and west; meridian lines run north and south.
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Question: The U.S. Bureau of Labor Statistics publishes a cost of living index. If a lease contains an escalator clause, which requires periodic adjustments in relation to changes in the index, the lease is called a(n):

a. fixed lease.
b. standard lease.
c. graduated lease.
d. federal lease.
Answer: c. graduated lease.

If rentals are adjusted in relation to the movements of a recognized national index, such as the cost of living index, the controlling lease is called a Graduated Lease.
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Question: Buyer purchased a home with a standard policy of title insurance. After moving in, she discovers that the roof eave is only two feet from the property line. The zoning requirements are five feet minimum. In this situation, the buyer may collect:

a. price of repair minus attorney fees.
b. price of damages plus cost to repair.
c. price of the property plus treble damages.
d. nothing.
Answer: d. nothing.

Standard title insurance policy (CLTA) does NOT provide on-site inspection. Extended coverage (ALTA) would have covered this type of defect, but a property inspection would have been made prior to policy issuance anyway.
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a. precedes, proceeds
b. follows, lags behind
c. lags behind, precedes
d. precedes, lags behind
Answer: d. precedes, lags behind

Typical business cycle:

(1) Expansion...prosperity (good times)
(2) Recession...turn around from prosperity (real estate precedes)
(3) Depression...opposite from (1) above
(4) Revival...turn around in prosperity (real estate lags)
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Question: *For federal income tax purposes, a taxpayer could increase the basis of his/her residence with which of the following?

a. Property taxes
b. Accrued depreciation
c. Addition of a patio
d. None of the above, for a personal residence basis cannot be adjusted for any reason
Answer: c. Addition of a patio

Capital improvements are acceptable adjustments to basis.
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Question: Under a lease agreement, who holds the leasehold estate?

a. Beneficiary
b. Lessee/Tenant
c. Lessor
d. None of the above
Answer: b. Lessee/Tenant

Lessor owns the property, lessee holds leasehold estate.
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Question: After a broker shows a client's property to a prospective buyer, the broker should:

a. notify the office staff of the showing by memo.
b. confirm showing with the buyer by written memo.
c. notify the seller in writing as to the prospect's identify.
d. wait until the prospect contacts the owner.
Answer: c. notify the seller in writing as to the prospect's identify.

The broker who is the procuring cause of the sale is the one entitled to the commission. To protect himself, the broker must inform the seller in writing of the prospects to whom he has shown the property, no later than at the end of the listing period.
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Question: Appraisers use which of the following methods for estimating costs?

a. Comparative square foot, unit in place
b. Comparative square or cubic foot, unit in place, quantity survey
c. Residual income, resulting from capitalization calculations
d. Replacement costs, resulting from capitalization calculations
Answer: b. Comparative square or cubic foot, unit in place, quantity survey

There are three accepted methods for cost estimation:

1. comparative square foot or cubic foot, also called the Unit Method
2. Unit cost in place
3. Quantity survey
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Question: A broker arranges the sale of a home. There is a purchase money T.D. from the lender. The broker is NOT required to see that the T.D. is recorded if the:

a. buyer instructs him not to record.
b. buyer and seller select not to have an escrow.
c. broker is not involved financially in the loan procurement.
d. the beneficiary instructs him not to record the T.D.
Answer: d. the beneficiary instructs him not to record the T.D.

Only a lender (beneficiary) can decide whether a promissory note and trust deed are to be recorded.
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Question: The goal of the Fair Housing Act is for the purpose of:

a. removing prejudice in every community.

c. establishing selling practices where you do unto others as you would have them do unto you.
d. all of the above.
Answer: d. all of the above.
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Question: In addition to being registered for a minimum of one year, manufactured homes sold by real

a. 8' wide and 20' long.
b. 6' wide and 40' long.
c. 12' wide and 30' long.
d. 8' wide and 40' long.
Answer: d. 8' wide and 40' long.
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Question: Which of the following types of financing generally does NOT require any down payment?

a. Cal-Vet
b. Conventional
c. FHA
d. VA
Answer: d. VA

There is generally no down payment required with a VA loan
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Question: Businesses in California may take the form of an individual proprietorship, partnership, or corporation. Each form has its advantages. One advantage of operating as a general partnership is that:

a. each partner has the use of assets of the partnership.
b. management of the business can be left to the other partner with little concern.
c. personal assets of a partner cannot be touched by creditors of the business.
d. there is less responsibility and more time can be spent away from the business.
Answer: a. each partner has the use of assets of the partnership.

All partners must also agree to a sale or transfer of the property.
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Question: The price of real property _______________ as the value of the dollar decreases. The price of real property _______________ as the value of the dollar increases.

a. increases, decreases
b. increases, increases
c. decreases, increases
d. decreases, decreases
Answer: a. increases, decreases

When the value of the dollar decreases, it loses a portion of its purchasing power. This means that more dollars are required to purchase a given piece of property. In order to accomplish this, the price of the property must be increased. Conversely, when the value of the dollar increases, it gains purchasing power. This indicates that fewer dollars are necessary for the purchase of a given piece of property, and thus, a decrease in price is required to adjust for the change.
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Question: Value levels in a residential neighborhood are influenced more by social characteristics of its present and prospective occupants than by any other factor. What would maintain high values in a given neighborhood?

a. Everybody purchasing with comparable down payments. b. Everybody having approximately the same income levels.
c. Both a and b.
d. None of the above.
Answer: c. Both a and b.

Neighborhoods generally have similar physical structures based on common social, economic, and political characteristics.
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Question: A plot of land that is 30 miles square contains how many townships?

a. 0.69
b. 4
c. 9
d. 25
Answer: d. 25

The plot is 30 miles on a side and a township is six miles on a side. Therefore, the plot has five townships on a side, or 5 by 5 = 25.
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Question: Complaints involving violations of federal law must be filed within how many days of the violation?

a. 90
b. 120
c. 150
d. 180
Answer: d. 180
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Question: Regarding Conditions and Covenants, which are restrictions imposed upon grantees limiting property use, the enforcement of "conditions" would be considered:

a. the same as for covenants.
b. more stringent than for covenants.
c. less stringent than for covenants.
d. none of the above.
Answer: b. more stringent than for covenants.

Breach of condition - possible loss of property; Breach of covenant - possible money damages.
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Question: The trust deed (and note) that normally takes priority is the one that is:

a. for the greatest amount.
b. a construction loan.
c. executed/delivered first.
d. recorded first.
Answer: d. recorded first.

First to record is first in rights. If a trust deed is without a subordination clause relinquishing priority, and is recorded first, it will take priority over subsequently recorded instruments.
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Question: When a building is positioned on a lot in such a way that it reflects consideration of noise, sun, wind, privacy, and other factors, the act of positioning is called:

a. land use conformity.
b. orographic arrangement.
c. profile elevation.
d. orientation.
Answer: d. orientation.

The phrasing of the question is a good definition of orientation.
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Question: It is unlawful for any person to affect the sale of any franchise that is regulated by the Franchise Investment Law, unless such person has made an application to the Corporation Commissioner, and is licensed by the:

a. Franchise Tax Board.
b. Corporation Commissioner.
c. Real Estate Commissioner.
d. Real Estate Commissioner or Corporation Commissioner.
Answer: d. Real Estate Commissioner or Corporation Commissioner.

A license from one of these two is required
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Question: Which of the following would be considered an offer in a real estate transaction?

a. Condition
b. Covenant
c. Performance
d. Tender
Answer: d. Tender

Tender is an offer to perform.
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Question: To divide equally or proportionately to time of use is to:

a. progress.
b. probate.
c. prorate.
d. procrastinate.
Answer: c. prorate.

Prorate is to divide, assess proportionately.
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Question: Sheet metal used to protect a building from water seepage is called:

a. furring.
b. flashing.
c. footing.
d. facade.
Answer: b. flashing.

Furring are strips of wood applied to walls; footing is the bottom of a foundation; facade is the front of a building.
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Question: If a home were properly insured with fire insurance to indemnify the owner, he could expect to:

a. always gain.
b. gain, but never lose.
c. lose, but definitely not gain.
d. neither gain nor lose.
Answer: d. neither gain nor lose.

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Question: The four essential elements of value are:

a. Cost, Demand, Utility, Scarcity
b. Cost, Demand, Capitalization, Scarcity
c. Demand, Improvements, Selling Price, Time on Market
d. Demand, Utility, Scarcity, Transferability
Answer: d. Demand, Utility, Scarcity, Transferability

Cost, selling price, and time on market have nothing to do with value. Capitalization is a mathematical tool.
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Question: Mr. E purchased property for $150,000 (Improvement 80%: Land Ratio 20%). If he used the straight -line method of depreciation with 35 years remaining life, what would be the adjusted basis of the property after 10 years?

a. $85,408
b. $106,760
c. $110,204
d. $115,714
Answer: d. $115,714

$150,000 - 20% = 150,000 - 30,000 = $120,000 improvement value. $120,000 ÷ 35 years = $3,428.57 x 10 years = $34,285.71 accrued depreciation. Adjusted Basis (10 yrs later) = $150,000 - $34,286 = $115,714.
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Question: *Which of the following phrases would best bind all parties to pay their debts?

a. Jointly
b. Individually
c. Individually and severally
d. Jointly and severally
Answer: d. Jointly and severally

All parties are held responsible collectively or individually for the entire obligation.
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Question: An owner offered his home to a buyer for $100,000 cash. The buyer paid the owner $100 cash to keep the offer open for two weeks. The owner accepted the $100. Ten days later, the owner notified the buyer that he was withdrawing his home from the sale. The next day the buyer tendered $100,000 cash to the owner. Under these conditions:

a. the offer to sell was binding.
b. seller violated the agreement to hold open the offer to sell, but did not have to sell to the buyer because the buyer had not promised in his original conversation to buy the property.
c. seller rescinded, voiding the transaction.
d. although the seller violated the agreement, he effectively prevented a binding contract from forming by withdrawing his property from the market.
Answer: a. the offer to sell was binding.

Seller has no option. By accepting the $100 payment, he entered into a binding agreement. Only the buyer has the privilege of deciding "to buy, or not to buy." That is what the $100 option money paid for.
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Question: A licensed real estate broker desires to work as a salesperson. She should:

a. apply to take salesperson's examination.
b. inactivate broker license and apply for salesperson's license.
c. apply for salesperson's license.
d. enter into agreement (written) with employing broker and work as a salesperson.
Answer: d. enter into agreement (written) with employing broker and work as a salesperson.

Cannot function in any way as to use his broker license while operating under other broker's license as salesperson, other than acting as a salesperson
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Question: An appraiser observes wide cracks in the corner of a basement, spreading up two walls. This was most likely caused by:

a. weak joists.
b. deterioration due to dampness.
c. house settling (appraiser should get soils report).
d. none of the above.
Answer: c. house settling (appraiser should get soils report).
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Question: Amenity type properties are appraised most often by which of the following methods?

a. Income method
b. Market data method
c. Cost method
d. Risk-rating method
Answer: b. Market data method

Amenity type properties are single family residences, and the market data method is most often used for these.
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Question: Mr. A sold Mr. B an option for $500 for a 60-day period starting March 13. In the event the option was exercised, the buyer would be required to complete a 30-day escrow commencing on the day the option was exercised, paying all cash for the property. Mr. B assigned his option to Mr. C for $1,000 consideration. On April 30, Mr. C informed Mr. A that he would pay cash for the property on May 7. Mr. A claimed that the option was void. The option was:

a. void, because the original buyer sold it without permission.
b. void, because the proposed purchase date would not be within the 60-day option period.
c. void, even though original holder had sold the option—however, the purchase day was beyond the required date of sale.
d. valid, and the Assignee (Mr. C) would be able to purchase the subject property on May 7.
Answer: d. valid, and the Assignee (Mr. C) would be able to purchase the subject property on May 7.

Option assignment was legal (without prohibition stated in the original document), and the escrow period commenced within the option period and did not run beyond the prescribed 30-day period.
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Question: If one person has the authority to act on matters for another, including the right to bind (sign for) on contractual matters, the person with that authority would be known as the:

a. power of attorney.
b. beneficiary.
c. trustee.
d. attorney-in-fact.
Answer: d. attorney-in-fact.

A step beyond that of agent. Can affix that other person's name to a contract. Signature: "Principal, by Agent Only, His

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Question: The Truth-in-Lending Law would apply to which of the following?

a. First trust deed and junior loans
b. Construction loans
c. All loan transactions
d. None of the above
Answer: a. First trust deed and junior loans

Does NOT apply to ALL loans, i.e., construction loans to developers or builders.
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Question: Characteristics of a particular lender are: prefers short-term loans; prefers interim loans; buyer costs are higher than other lenders; past relationships with borrowers are important. What kind of lender is this?

a. Savings bank
b. Insurance company
c. Private individual
d. Commercial bank
Answer: d. Commercial bank
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Question: A house sold for $120,000 on which a seller was to pay 6% brokerage fee. Other costs were 1% prepayment penalty on existing $90,000 first loan balance, escrow fees of $500, title insurance premium of $400, and 3 points (%) loan discount fee on a new loan of $110,000 (VA). The seller's costs would be what percent of his equity?

a. 10.25%
b. 17%
c. 41%
d. 13.7%
Answer: c. 41%

Total costs: Broker's fee $7,200
Prepayment penalty $900
Escrow and title fees $900
Discount fee on new loan $3,300
Total Costs $12,300

Equity = Sale Price - Old Loan Balance
= $120,000 - 90,000 = $30,000
Percentage = $12,300 ÷ $30,000 x (100) = 41%
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Question: An appraisal is an:

a. estimate of value.
b. opinion of value.
c. opinion of listing price.
d. opinion of selling price
Answer: b. opinion of value.

Appraisers are licensed and certified to provide a professional opinion of value. Anyone may estimate. Answers "c" and "d" are professional services provided by licensed real estate agents and brokers engaged in the sale of real estate.
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Question: You have taken an exclusive right to sell listing to assist an owner in selling his home. The owner could lease the property for a maximum of:

a. as long as he wishes, with consent of broker.
b. not more than 99 years, with or without the broker's consent.
c. not beyond the listing period, without the broker's consent.
d. the owner cannot lease the property without the consent of the broker, as is clearly spelled out in the listing agreement.
Answer: b. not more than 99 years, with or without the broker's consent.

The owner can do as he wishes, with or without the consent of the broker. However, violation of the listing agreement could create a condition whereby the owner was liable to the broker for a full commission. Under no circumstances can the owner lease for a period in excess of the 99 years maximum allowed by law.
==================================================
Question: A real estate syndicate fails to disclose a true statement of the condition of title and all the encumbrances thereon. The penalty for this violation is:

a. $5,000 judgment against officers.
b. $5,000 fine and 10 years in jail.
c. $10,000 fine and 10 years in jail.
d. $5,000 fine and 5 years in jail.
Answer: c. $10,000 fine and 10 years in jail.
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Question: The primary activities of FNMA in the secondary money market involve:

a. FHA loans only.
b. VA and FHA loans.
c. 2nd loans up to $22,000.
d. all types of real estate loans.
Answer: b. VA and FHA loans.

The key word is the "primary" activity. FNMA can now deal with conventional loans, but still heavily works with VA and FHA loans.
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Question: A salesperson, working with buyers having limited cash available for down payment, finds a property listed at $96,000, ca sh to new loan. The buyers want the home. However, the maximum loan available is for 80% of value, requiring 20% cash investment. The buyers say that if the sellers would take back a 2nd note, maybe they could buy it. Sellers do not want to take back a note, per listing information. The salesperson should:

a. not write any offer, since it will not be what sellers want. b. call the sellers to discuss their taking back a 2nd note.
c. write the offer the buyers want to make and present it to the sellers.
d. write an offer for cash to a new loan, and hope the buyers are lucky and obtain a cooperative lender.
Answer: c. write the offer the buyers want to make and present it to the sellers.

For the "willing" buyer, write an offer and start the negotiating process. Be realistic, but don't you decide what the principals will do.
==================================================
Question: For a limited partnership, the limited partners would have which of the following as their liability?

a. Amount of investment written into partnership agreement
b. 25% of his investment
c. Same as all other partners
d. No liability
Answer: a. Amount of investment written into partnership agreement

However, the "general partner" has NO such limit to his liability.
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Question: If a structure is repaired without changing the interior or exterior design, this process is called:

a. modernization.
b. reclamation.
c. remodeling.
d. rehabilitation.
Answer: d. rehabilitation.

When a property is restored to satisfactory condition without changing style, form, or plan, this is known as rehabilitation.
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Question: If on a grant deed the manner of taking title is not indicated after the names of the two grantees, the courts would rule:

a. severalty.
b. joint tenancy.
c. tenants in common.
d. community property.
Answer: c. tenants in common.

There are two grantees, so it cannot be severalty (sole ownership); there is no mention of right of survivorship, so no joint tenancy; there is no mention of marriage, so no community property.
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Question: Accountants and appraisers are interested in depreciation of real property from two different viewpoints. Which of the following statements is true?

a. The appraiser is only interested in book value.
b. The accountant is concerned with book depreciation and the appraiser deals with actual depreciation.

d. The accountant is only interested in what caused the depreciation.
Answer: b. The accountant is concerned with book depreciation and the appraiser deals with actual depreciation.

Accountant: For tax purposes, book depreciation. Appraiser: To establish "present value," actual depreciation.
==================================================
Question: A father needed money to send his son to college. He borrowed money from the bank, securing the loan with a first trust deed. Later, he sold the home subject to the first loan, and took back a 2nd trust deed from the buyer as a part of the purchase price. In the event of a default, which of the following would be true?

a. The bank could obtain a deficiency judgment against the purchasers.
b. The bank could obtain a deficiency judgment against the father.
c. The father could get a deficiency judgment against the purchasers on the 2nd trust deed.
e. None of the above.
Answer: b. The bank could obtain a deficiency judgment against the father.

The father is liable on (hard money) first loan; purchasers are not, for they bought "subject to" the loan. The 2nd loan is a purchase money loan, and no deficiency judgment is attainable.
==================================================
Question: Which of the following would NOT be considered one of the major forces influencing value?

a. Building restrictions
b. Economic adjustments
c. Government regulations
d. None of the above
Answer: d. None of the above

All are influences affecting value. The four forces are: (1) Political or governmental regulations; (2) Economic adjustments; (3) Social ideals and standards; (4) Physical characteristics.
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Question: An incompatible positioning of a residence on a parcel of land would be an example of:

a. economic obsolescence.
b. functional obsolescence.
c. physical obsolescence.
d. wear and tear.
Answer: b. functional obsolescence.

Because the home is not correctly situated on the lot it occupies, it does not function as well as it could, suffering a lost in value.
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Question: An appraiser should have knowledge of economic trends, which affect property values. For example, in an area which has heavy bonded indebtedness and high property taxes, he would probably conclude that:

a. large investors would be attracted to the area.
b. new construction and general industry would tend to leave the area.
c. there would have to be better schools and services in the area.
d. there would be a good market for street bonds.
Answer: b. new construction and general industry would tend to leave the area.

Under these conditions, new business ventures would be discouraged by the upward tax trend, and would be inclined to seek other locations. Assessment bonds would be difficult to market. High taxes do not necessarily imply better schools.
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Question: A real estate broker negotiates the sale of a residential property, which involves execution of a new first trust deed. Under what circumstances would the broker be excused from the recording the trust deed?

a. When he has a financial interest in the trust deed. b. When the buyer instructs him not to record.
c. When the escrow officer "promises" that she/he will see that the trust deed is properly recorded.
d. None of the above.
Answer: d. None of the above.

Only when the lender (beneficiary) instructs the broker not to record the trust deed is he excused, by law.
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Question: An apartment house tenant was injured in the swimming pool of his apartment complex. He sued the obtained a judgment of $5,000. When recorded, the abstract of the judgment will create a lien that is:

a. voluntary.
b. general.
c. specific.
d. exclusive.
Answer: b. general.

Judgment liens are general liens.
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Question: Which of the following would be considered a "general lien"?

a. Federal tax lien
b. Tax lien
c. Judgment lien
d. All of the above
Answer: d. All of the above
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Question: For an exclusive listing, negotiations for a buyer should be conducted through the:

a. seller.
b. trustee.
c. listing broker.
d. none of the above.
Answer: c. listing broker.

A duty of the listing broker is to assist the seller in evaluating all offers to purchase.
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Question: Buyers submitted an offer to purchase the home of Sellers. The purchase was made "subject to" the existing VA loan. In a subsequent foreclosure, should VA sustain losses, who would be liable for those losses?

a. Buyers
b. Sellers
c. Both Buyers and Sellers
d. Neither Buyers nor Sellers
Answer: b. Sellers

Veteran is liable to VA, unless he or she had obtained a prior release.
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Question: A buyer with a low income considers many factors in choosing a home, the most important of which would be:

a. the surrounding neighborhood.
b. his income.
c. the type and size of home.
d. location.
Answer: d. location.

The location of the home in relation to his workplace would be a major consideration, since it would have an important impact on his commuting problems and costs.
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Question: Five people hold undivided interest as tenants in common. Which is always true?

a. Each has an equal interest.
b. Each acquired their interest at the same time.
c. Each cannot identify their respective part of the property.
d. Each has an unequal interest.
Answer: c. Each cannot identify their respective part of the property.

Each tenant in common owns an "undivided interest" in the property.
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Question: A buyer offers to perform on his purchase contract. This is known as a:

a. condition.
b. tender.
c. covenant.
d. surrender.
Answer: b. tender.
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Question: A single buyer purchased a new residence for $210,000, lived on the property for 3 years, then sold the property for $400,000. How much of his profit is subject to capital gains taxation?

a. $100,000
b. $200,000
c. All
d. None
Answer: d. None

A single person is entitled to $250,000 capital gains exemption. This profit is only $180,000, so no capital gains.
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Question: The initial step in the appraisal process is to:

a. collect the fee.
b. correlate the data.
c. define the problem.
d. determine the fee.
Answer: c. define the problem.
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Question: Under an FHA program, monthly payments made (principal + interest) on a home loan must be:

a. level payments.
b. horizontal payments.
c. varying payments.
d. unamortized payments.
Answer: a. level payments.

Level payments means the same amount (P+I) throughout the entire repayment of the loan.
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Question: To be effective, good property management should begin:

a. upon completion of construction.
b. when expenditures have been made for property improvement.
c. after the property has been acquired.
d. before the property has been acquired.
Answer: d. before the property has been acquired.

Good management should have an opportunity to participate in the decision leading up to the acquisition of the property.
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Question: In the event there is an encroachment on another's property, legal action must commence within:

a. 6 months.
b. 1 year.
c. 3 years.
d. 5 years.
Answer: c. 3 years.

Per statute of frauds.
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Question: When a lender refers to a "nominal" interest rate, it means:

a. points will be required because of the lower than normal rate.
b. the maximum rate of interest allowed.
c. the rate of interest specified in the promissory note.
d. that the final rate of interest granted will be greater than the original commitment.
Answer: c. the rate of interest specified in the promissory note.

Usually, an annual amount, compounded more frequently, e.g., 15% compounded monthly, would deal with monthly payment periods.
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Question: What is the written instrument used to create land use restrictions for the benefit of the owners in a new subdivision?

a. Zoning ordinances
b. Original subdivision deed
c. Subdivision map
d. Declaration of restrictions
Answer: d. Declaration of restrictions

A developer uses the declaration of restrictions to create deed restrictions.
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Question: Functional utility in a building is most dependent upon:

a. conditions of heating-cooling systems.
b. desires of occupants.
c. floor plan and equipment.
d. area zoning.
Answer: c. floor plan and equipment.
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Question: A broker suggested to his sales staff that they seek new listings in an area where minorities have recently begun to move into. He also suggested that they take listings only from white owners, since they would most likely be sellers due to the fact that the minorities are "moving in." Regarding two possible areas of concern, (1) instructions to his sales staff; and 2) his discrimination regarding their seeking of listings from whites, the broker is in violation of the Fair Housing Act (guilty of discrimination) as follows:

a. regarding (1) and (2).
b. regarding (1), not (2).
c. regarding (2), not (1).
d. no violation.
Answer: a. regarding (1) and (2).

It is a violation to discriminate in any manner concerning race, color, religion, national origin, sex, or marital status.
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Question: An appraiser, when using the reproduction cost method on property which has been improved with fences, shrubs, trees, lawns, and sidewalks, should always:

a. evaluate each of these items separately.
b. regard these items as part of the improvements.
c. treat these items as a part of the land.
d. consider them as having no influence on the appraisal.
Answer: a. evaluate each of these items separately.

A good comparative value can only be determined by treating each one of these items separately, thus enabling the appraiser to make a direct dollar adjustment for each item.
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Question: Which of the following restrictions, set up by the developer of a subdivision (based on experience), would be the least likely to be enforced?

a. Height restrictions (including number of floors)
b. Minimum dollar amount expended for improvements on each lot
c. Limitations on lot size
d. Limitations on minimum square footage for improvement on each lot
Answer: b. Minimum dollar amount expended for improvements on each lot

Inflationary trends that vary make dollar amount limitations meaningless in a very short time, and, therefore, impossible to enforce.
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Question: An investor has purchased an apartment building. She reports income on a cash basis, and will be allowed deductions for all but which of the following?

a. Cost or redecorating
b. Loss of rent due to vacancies
c. Interest payments on 2nd loan
d. Depreciation, even though the building is going up in value daily
Answer: b. Loss of rent due to vacancies

Loss of rent due to vacancies is not allowed as a deduction.
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Question: Which of the answers makes the following statement true? No real estate salesperson may be licensed in the employ of a corporation real estate broker licensee, or perform acts for which a real estate license is required on behalf of the corporation, if:

a. the salesperson, singly or together with other real estate salespersons licensed in the employ of the corporation, owns or controls, directly or indirectly, a majority of the outstanding stock of the corporation.
b. the salesperson is a director or officer of the corporation.
c. both a and b.
d. none of the above.
Answer: a. the salesperson, singly or together with other real estate salespersons licensed in the employ of the corporation, owns or controls, directly or indirectly, a majority of the outstanding stock of the corporation.

There is only a corporate broker license, but major stock holders can buy or sell corporate real property.
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Question: First time buyers are concerned as to how the lenders qualify prospective buyers regarding income. Lenders:

a. look at the income of only the husband, even if the wife also works.
b. look at husband's and half of the wife's income.
c. look at half of husband's income and half of wife's income.
d. look at all income from both husband and wife, including incomes other than from wages and salaries.
Answer: d. look at all income from both husband and wife, including incomes other than from wages and salaries.

All income is used for qualifying. This includes wages and any other form of income available—interest, dividends, trust payments, etc. Wives' incomes are no longer handled differently than husbands'.
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Question: "A" has been given power of attorney for the purpose of selling "B's" house. Which of the following is NOT true?

a. "A" cannot sell the property if "B" has recorded a homestead on it.
b. Power of attorney must be recorded for "A" to sell the property.
c. Power of attorney is terminated in the event "B" is declared incompetent and unable to enter into a legal contract.
d. "A" may purchase the property, providing he/she pays a fair market value for the home.
Answer: d. "A" may purchase the property, providing he/she pays a fair market value for the home.

An attorney-in-fact cannot deed or convey the property to self. If he desires to purchase it, he/she must "give up" the power of attorney.
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Question: As compared with other commodities, capital turnover in real estate investments is:

a. slower.
b. slightly above the average.
c. faster.
d. about equal.
Answer: a. slower.

Because of the large amounts of money involved, together with the fixed nature of real property, the turnover of capital is slower as compared with other commodities.
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Question: A tax that the city could levy against a real estate brokerage firm, based on its gross receipts, would be:

a. documentary tax stamps.
b. a business license tax.
c. a sales tax.
d. a use tax.
Answer: b. a business license tax.
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Question: In evaluating agriculture properties, an appraiser would consider the overall effects of our economic growth during the past 50 years upon such properties. All of the following statements would be true, except:

a. farmers' investments in equipment and storage facilities have expanded considerably since the 1940s.
b. stables with stanchion spaces for cows are being replaced with sheds and milking facilities.
c. value of the various buildings—living quarters, barns, hay, and straw baling storage facilities, etc.— is expressed in terms of value added to the property being appraised.
d. the average individually owned farm size has shown a steady downward trend since the 1940s.
Answer: d. the average individually owned farm size has shown a steady downward trend since the 1940s.

With modern equipment, the acreage that one man can farm effectively has increased farm sizes, and large corporations have affected farm sizes.
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Question: A real estate broker discloses the race of a buyer to the seller upon request of that information. Is the broker in violation of the law?

a. Yes, because of specific federal and state legislation.
b. Yes, this is a violation of current civil rights legislation per state attorney general's office.
c. No, because agent
is required to disclose all matters to his principal.
d. No, as this has not been made the subject matter for specific legislation.
Answer: b. Yes, this is a violation of current civil rights legislation per state attorney general's office.
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Question: According to California law, real property securities include all of the following, except:

a. any out-of-state subdivision offered for sale in California.
b. promotional notes secured by any part of subdivision offered for sale in California.
c. guaranteed notes or sales contracts.
d. any transaction including real property as security for a loan.
Answer: d. any transaction including real property as security for a loan.

Ordinary real estate loans are not usually real property securities as defined by law.
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Question: A real estate licensee attempted to solicit a listing in a neighborhood by stating to owners that "non-whites" would be moving into the neighborhood, causing property values to decrease. This conduct would be considered all of the following, except:

a. blockbusting.
b. illegal conduct.
c. panic selling.
d. acceptable practice.
Answer: d. acceptable practice.

The answer was for that which was NOT acceptable, or wrong
==================================================
Question: The sale and leaseback of a property is a situation in which the buyer would have the least concern with the:

a. lessee's credit rating.
b. structural soundness of the building.
c. book value of the property, less depreciation.
d. location of the property.
Answer: c. book value of the property, less depreciation.

The seller, not the buyer, is affected by book value minus the depreciation charge. The other statements in the question would be of considerable concern to the buyer.
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Question: Which of the following is smaller than a section?

a. 1/36 of a township
b. Sixteen 40 acre parcels
c. 27,000,000 sq. ft.

Answer: c. 27,000,000 sq. ft.

27,000,000 ÷ 43,560 = 620 acres.
A section = 640 acres.
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Question: When looking for records regarding chattel liens, you should go to the:

a. Secretary of State.
b. County Recorder.
c. either a or b.
d. none of the above.
Answer: c. either a or b.

Chattel (mortgage) - County Recorder; Security Agreement - Secretary of State.
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Question: A broker's loan statement protects the:

a. broker.
b. trustee.
c. trustor.
d. beneficiary.
Answer: c. trustor.

Protects the borrower
==================================================
Question: An appraiser must be careful to distinguish the fundamental purpose of the appraisal from which of the following?

a. Appraisal procedures to be used
b. Function for which the estimate of value is required
c. Techniques he will use to determine his opinion of value d. All of the above
Answer: d. All of the above
==================================================
Question: An agent obtains a listing to sell a registered franchise from the owner. The sale will include both building and land. Before he begins servicing the listing, the agent must:

a. file an application and receive a permit from the DRE.
b. file an application for exemption of registration of the offering with the corporations commissioner.
c. obtain a "cooperative" sales agreement from a stock broker.
d. none of the above.
Answer: d. none of the above.

Those allowed to sell a nonexempt franchise are: (1) Real estate brokers; (2) Broker dealers or agents under the "securities law" licensed by the corporations commissioner; and (3) Person identified in application registered with the corporations commissioner for an offering of a California franchise.
==================================================
Question: Owner-occupied homes in a residential area have an immediate effect on the local economy in which of the following ways?

a. Property values would be maintained at a maximum.
b. This situation would induce property speculation.
c. Rental incomes would be at a maximum.
d. There would be a lower occupancy turnover.
Answer: d. There would be a lower occupancy turnover.

Owner-occupied homes lend economic stability to a neighborhood and lessen the possibility of turnover. Property values are maintained at maximum figures over a long term, rental income is nonexistent, and property speculation is not attractive to investors.
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Question: When selling a reasonably priced, well established home in a classy, suburban neighborhood, the broker would probably gain the most interest in:

a. prestige.
b. tax advantage.
c. investment.
d. need.
Answer: a. prestige.

Probably the best "guess" knowing so little about buyer motivations.
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Question: An agent may represent both parties in a transaction, providing he:

a. gets consent of both parties.
b. informs both parties.
c. discloses his commission agreement with both parties.
d. all of the above.
Answer: d. all of the above.

These are all requirements for representing both the seller and buyer (dual agency).
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Question: What is the monthly impound account payment for fire insurance for the following? Insured value = $100,000; Rate = $0.40 per $100; 3 yr. premium = 2.5 times annual rate.

a. $25.78
b. $26.78
c. $27.78
d. $28.78
Answer: c. $27.78

Annual premium = $100,000 x (0.40) = $400.00;
3 year premium = $400 x 2.5 = $1,000;
Monthly impound payment = $1,000 ÷ 36 = $27.78.
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Question: If an out-of-state resident were to ask when the first installment of the county taxes becomes due, you should answer:

a. December 10.
b. November 1.
c. March 1.
d. July 1.
Answer: b. November 1.

First installment of county property taxes becomes due on November 1.
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Question: A landlord is required to keep all but which one of the following in good order?

a. Commercial rental property with certain commonly used areas for convenience of all tenants
b. High-rise apartment building with extensive lobby and hallways
c. Theater's lobby and restroom facilities
d. Private dwelling leased for occupancy by one family
Answer: c. Theater's lobby and restroom facilities

Landlord may be liable where injury results from defective conditions of parts of premises over which landlord retains control. Landlord has a statutory duty to maintain dwelling house "fit for human occupation" by repairing conditions which render premises unlivable (except such that are caused by tenant's negligence). Generally, landlord is not liable where entire building is leased. Injuries to tenants (or invitees) resulting from defective conditions of areas such as lobby or restrooms are the responsibility of the tenant.
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Question: The Gross Multiplier is an arbitrary number employed by appraisers in the evaluation of certain types of income property. It is calculated in which of the following ways?

a. The confirmed sale price of the property is divided by the gross monthly rental.
b. The gross monthly rental is divided by the appraised value of the property.
c. The market value of the property is multiplied by the capitalization rate.
d. The gross monthly rental is multiplied by the capitalization rate.
Answer: a. The confirmed sale price of the property is divided by the gross monthly rental.

The Gross Multiplier is a number used by appraisers to estimate the value of certain types of income property. When the gross monthly rental is multiplied by this number, the result is the actual sales price of the property.
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Question: A property is owned by five persons in "joint tenancy." Which of the following actions would destroy the respective tenancy relationship?

a. One tenant wills his interest to another.
b. Judgment and writ of execution is rendered against a tenant.
c. Another of the joint tenants places a trust deed against her interest.
d. Lender completes a foreclosure action against a joint tenant, issuing a trustee's deed to the highest bidder.
Answer: d. Lender completes a foreclosure action against a joint tenant, issuing a trustee's deed to the highest bidder.

The new deed "breaks" two of the unities—TIME and TITLE. New owner with trustee's deed is tenant in common.
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Question: Which of the following would be an example of "economic obsolescence"?

a. No bathroom on first level of multilevel residence
b. Eccentric design
c. High tax rate
d. Lack of normal, proper care
Answer: c. High tax rate

High taxes, resulting from excessive local improvement needs, would be an "outside" or "extraneous" situation or factor.
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Question: Concerning FHA loans, all of the following statements are correct, except:

a. level payments required.
b. monthly payments of taxes and insurance for impound account.
c. monthly budgeted payments suitable to buyer's pocketbook.
d. provides maximum building standards.
Answer: d. provides maximum building standards.

FHA loans involve MPRs (minimum property requirements), not maximum building standards.
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Question: In a situation whereby a deposit with an offer to purchase was in the form of a promissory note instead of cash or check, which of the following is NOT true?

a. The contract is just as binding at the time of acceptance by both parties as if there were a cash deposit.
b. Agent is required by law to make seller aware that he has received a nonnegotiable
promissory note deposit, in lieu of cash or check.
c. Failure of buyer to redeem note as required by purchase agreement is a violation of California real estate law.
d. None of the above.
Answer: c. Failure of buyer to redeem note as required by purchase agreement is a violation of California real estate law.

The maker of a check represents there is money in bank to cover; maker of a note makes no such representation and failure to pay (redeem) is not a crime.
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Question: A "Notice of Completion" benefits:

a. contractors.
b. laborers and material suppliers.
c. lenders.
d. owners.
Answer: d. owners.

With the filing of said "notice," owner shortens the time for mechanics' liens to be filed.
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Question: When lessees pay one month's rent in advance of the lease period, accounting procedures regard this as:

a. deferred expense for the lessor.
b. deferred income for the lessor.
c. accrued income for the lessee.
d. accrued expense for the lessor.
Answer: b. deferred income for the lessor.

This is deferred income for the lessor because it is income received, but not yet earned. For income tax purposes, it is reported as income for the year in which it is received. Deferred expense indicates expense paid in advance, but not used. Accrued expense indicates expense owing, but not yet paid.
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Question: A salesperson brought in an offer on an office lot listing for $18,500. The broker, when taking the listing, was informed by the seller that they would take $18,000. What must the broker do?

a. Do nothing and close the deal at $18,000.
b. Inform the buyer of the $18,000 acceptable price.
c. Say nothing to the seller, and split the $500 equally with the selling salesperson.
d. Present the $18,500 offer to the sellers for approval.
Answer: d. Present the $18,500 offer to the sellers for approval.

A salesperson must present all reasonable offers to the seller at the same time.
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Question: SBM & BL, MDM & BL, HM & BL are abbreviations which have meaning to:

a. Small Business Administration.
b. County Recorder.
c. Secretary of State.
d. Points of interest for surveyors.
Answer: d. Points of interest for surveyors.

The three principal "base and meridian" intersections in California.
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Question: If two lots were purchased for $9,900 each, then split into three lots and sold for $8,500 each, what is the percentage yield on the original purchase price?

a. 26.79%
b. 27.79%
c. 28.79%
d. 29.79%
Answer: c. 28.79%

Original purchase price = $9,900 x 2 = $19,800
Sale price of lots = $8,500 x 3 = $25,500
Profit on sale = $25,500 - 19,800 = $5,700
Yield = $5,700 ÷ $19,800 x (100) = 28.79%
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Question: In real estate matters, the word "impound" most often means:

a. attachment.
b. judgment.
c. principal and interest account with lender.
d. reserve account for taxes and insurance with lender.
Answer: d. reserve account for taxes and insurance with lender.

Borrower applies monthly amounts of insurance premiums and taxes, which are available as necessary for the lender to pay these obligations.
==================================================
Question: In order to maintain a "release schedule," the beneficiary of a blanket loan usually charges a higher proportionate payment amount to release each lot:

a. to have better security on remaining lots.
b. to protect against the better lots selling first.
c. to protect the investment as individual lots are sold.
d. all of the above.
Answer: d. all of the above.

Having more paid off (than proportionate) to release each lot sold will result in the entire loan being cleared before all the property is reconveyed.
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Question: Unearned increment is considered in the appraisal of income producing property. Select the best example of unearned increment from the following:

a. Unanticipated value increase due to circumstantial changes
b. Mortgage interest
c. Land depreciation
d. Property maintenance
Answer: a. Unanticipated value increase due to circumstantial changes

If the value of a property increases through no efforts, thinking, or planning on the part of the owner, such an increase is called Unearned Increment.
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Question: Jurisdiction over practices of unfair or discriminatory acts in housing matters belongs to the:

a. Real Estate Commissioner.
b. Labor Commission.
c. Department of Housing.
d. Fair Employment Practices Commission.
Answer: d. Fair Employment Practices Commission.
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Question: A broker is entitled to one-half of the commission plus all his costs when:

a. a loan is denied due to the failure of a borrower to disclose pertinent factors relating to his qualifying.
b. loan is not consummated due to failure of a lender to supply funds.
c. never.
d. none of the above.
Answer: a. a loan is denied due to the failure of a borrower to disclose pertinent factors relating to his qualifying.
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Question: The IRS considers a "dealer" as a person who holds interests in real property:

a. for sale to customers.
b. for investment.
c. for production of income.
d. none of the above.
Answer: a. for sale to customers.

A broker who buys and sells real property as inventory may be considered a dealer by the IRS and pays ordinary income taxes on any profit or loss.
==================================================
Question: Personal assets of principals of which of the following are available to creditors for satisfaction?

a. Corporation
b. Limited Partnership
c. Partnership
d. None of the above
Answer: c. Partnership

A partnership does not protect principals' assets against creditor. For the limited partnership, only the general partner's assets would be vulnerable.
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Question: Which represents the largest area?

a. 1/10 of a township
b. miles square
c. square miles
d. sections
Answer: b. miles square

2 mi. sq. = 2 mi. x 2 mi. = 4 sq. mi.
1/10 of section = (.10) x 36 sq. mi. = 3.6 sq. mi. 3 sections = 3 x
(1 sq. mi.) = 3 sq. mi.
2 sq. mi. = 2 sq. mi.
==================================================
Question: Depth tables are used by appraisers as a tool to:

a. show the depth of water in arid areas.
b. determine the value of commercial properties on which the lots vary in depth.
c. facilitate the calculation of interest payments on declining balances.
d. determine the relationship between beach properties and high-tide elevations.
Answer: b. determine the value of commercial properties on which the lots vary in depth.

If lots have the same front footage, a shallow lot is less valuable than a deep lot. When evaluating commercial properties, appraisers use Depth Tables to estimate the relative value of lots which vary from a normal depth.
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Question: A property for sale is listed at $120,000 and has an outstanding assessment bond of $1,200. At time of sale, for tax purposes, the basis for taxes would be:

a. $121,200.
b. $118,000.
c. $120,000.
d. indeterminable from information.
Answer: a. $121,200.
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Question: FHA programs have caused the "quality" of homes to be improved because the FHA:

a. grants quality home loans.
b. insures home loans.
c. requires "maximum building standards" (MBS).
d. none of above.
Answer: d. none of above.

The FHA establishes minimum property requirements (MPRs) that, in most situations, are more demanding than State Housing Law or local building code requirements.
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Question: When a real estate licensee has been accused of a Code violation, the initial step for the Commissioner in initiating the hearing procedure would be to:

a. require complainant to file testimony at the hearing.
b. bring charges against licensee.
c. serve the accused licensee with the accusation.
d. file a complaint against the licensee.
Answer: c. serve the accused licensee with the accusation.
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Question: Relative to requirements for establishing "planning commissions," they:

a. may be established in cities, must be established in counties.
b. must be in cities, may be in counties.
c. must consist of members with experience in appraisal of real estate.
d. both cities and counties must appropriate funds for establishing planning commissions.
Answer: d. both cities and counties must appropriate funds for establishing planning commissions.

It is mandatory that funds be available and the commissions formed.
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Question: Mr. and Mrs. Yearsley, a married couple, purchased a home for $300,000 in 2003. They sold the home for $500,000 in 2006, and were exempt from capital gains taxes. How many years must the Yearsleys have resided on the premises to qualify for this exemption?

a. Six months
b. One Year
c. Two years
d. None of the above
Answer: c. Two years

2 years.
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Question: If the purchasing power of the dollar decreases, the price of property _______________. If the purchasing power of the dollar increases, the price of property _______________. In both cases, the value of the property _______________.

a. increases, decreases, increases
b. decreases, increases, increases
c. decreases, decreases, increases
d. increases, decreases, could remain the same
Answer: d. increases, decreases, could remain the same

When the purchasing power of the dollar decreases, prices increase. When the purchasing power of the dollar increases, prices decrease. When measuring the value of a commodity as a reflection of such changes in the purchasing power of the dollar, it can be said that for example, the value of a home, which sold for $39,000 in 1958, could have the same value in 1995 at a selling price of
$120,000.
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Question: By definition, a planned development is where:

a. owners of separately owned lots have another ownership in common in one or more additional lots in the development.

c. a development having been totally approved throughout the entire city/county planning department.
d. none of the above.

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Question: Which of the following would be most like an easement appurtenant?

a. Easement in gross
b. Attachment
c. Stock in a mutual water district
d. Lease
Answer: c. Stock in a mutual water district

Easements appurtenant cannot be separated from the land, as the stock in a mutual water company cannot be split from ownership.
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Question: Which of the following would issue a CRV when asked to approve a new loan?

a. Savings bank
b. Department of Veterans Affairs
c. FHA
d. VA
Answer: d. VA

CRV is a "certificate of reasonable value," a VA appraisal.
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Question: Under the Manufactured Home Act, which of the following would NOT be grounds for disciplinary action?

a. Agent fails to withdraw advertising on unit within 48 hrs. after receipt of notice of its sale.
b. Agent advertises new manufactured home as used, since he can only work with units that have been registered with DRE for at least one year.
c. Agent represents that the manufactured home is capable of being operated as a vehicle on California roads, if the unit does not meet all applicable equipment requirements for such operation.
d. None of the above.
Answer: d. None of the above.

Because a, b, and c are all grounds for disciplinary action
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Question: An office building purchased for $200,000 with 25% down and 75% financed, had $1,500 per month payments with 12% annual interest. Ten years later, the property sold for $400,000. What is the owner's equity at the sale (includes original investment)?

a. $100,000
b. $150,000
c. $200,000
d. $250,000
Answer: d. $250,000

Since monthly payment included "interest only," there was no principal reduction. Therefore, $400,000 - 150,000 = $250,000 equity.
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Question: If a lessor wanted a long-term, uncomplicated income from a sale-leaseback arrangement, the type of lease best fitting this requirement would be a:

a. step up.
b. percentage.
c. net.
d. none of the foregoing.
Answer: c. net.

The lessor receives a net amount as rental, whereas the lessee, or tenant, pays for taxes and insurance and handles all maintenance problems. This is a simplified arrangement for the lessor.
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Question: Which of the following is a "penalty payoff"?

a. VA loan origination fee
b. FHA loan origination fee
c. 2% fee on Cal-Vet loan
d. All of the above
Answer: c. 2% fee on Cal-Vet loan

VA and FHA loans have no prepayment penalty provisions. Cal-Vet does allow a prepayment penalty charge of 2% of the outstanding loan balance, if the loan is paid in full within 2 years of its origin.
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Question: An acquired right to use and enjoy that a person may have on land of another is known as a(n):

a. easement.
b. devise.
c. lease.
d. riparian right.
Answer: a. easement.
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Question: Which of the following would be considered publicly assisted housing?

a. Property purchased with FHA insured loan.
b. Property purchased with government assistance.
c. Property receiving tax exemption (other than Veterans). d. Both a and b.
Answer: d. Both a and b.

Generally, "public" assistance means "government" assistance.
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Question: Who is responsible for properly working sewer systems in a community?

a. Real Estate Commissioner
b. Homeowner
c. Subdivider
d. Health officer
Answer: d. Health officer
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Question: A principal gives a broker $50,000 with which to purchase 2nd notes and trust deeds. He stipulates that he must receive a minimum of 18% on his investments, after broker's expenses. Broker states that if notes do not yield the investor his 18%, he will make up the difference. If the investor accepts this offer, the broker:

a. must post a bond.
b. broker's license is all that is required.
c. broker is in violation of California law.
d. none of the above.
Answer: a. must post a bond.

Since broker "guarantees" yield, he is selling real property securities and would need to post a $5,000 bond.
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Question: If other factors are equal, and if the areas of living space are comparable, how are the costs of a two-story house and a one- story house related?

a. There is no cost relationship between the two types of houses.
b. The cost factors are equal.
c. It is more costly to build a two-story house.
d. It is less costly to build a two-story house.
Answer: d. It is less costly to build a two-story house.

For a given square footage of living space, a two-story house is less costly than a single story house because certain basic factors are reduced by 50%; for example, heating ducts, roof area, lateral plumbing lines, and foundations.
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Question: The Real Estate Commissioner has the power to investigate, suspend, or revoke the license of a licensee when that person has been found guilty of:

a. using a false or fictitious name, knowingly made false statements in any application for registration of a manufactured home as a vehicle.
b. submitting a check, draft, or money order to the Dept. of Motor Vehicles for any obligation or fee due the State, which was thereafter dishonored or payment refused upon presentation.
c. both a and b.
d. none of the above.
Answer: c. both a and b.
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Question: An investor purchased a property for 10% less than the listed price, then resold it for the previously listed price. What was the percentage profit?

a. 9%
b. 10%
c. 11%
d. 12%
Answer: c. 11%

MADE divided by PAID = RATE
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Question: A piece of lumber that is 2" x 12" x 24 ft. contains how many board feet?

a. 36
b. 48
c. 60
d. 72
Answer: b. 48

2" x 12" x (24 x 12) = 2 x 12 x 288 ÷ 144 = 48.
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Question: Which of the following represent the four unities of market value?

a. Time, title, interest, possession
b. Possession, encumber, will, sell
c. Demand, utility, scarcity, transferability
d. Location, demand, financing, interest
Answer: c. Demand, utility, scarcity, transferability

Remember: D-U-S-T.
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Question: All but one of the following constitutes completion for purposes of filing a mechanic's lien:

a. cessation of labor for 60 days.
b. acceptance and possession of structure by owner.
c. filing of notice by owner.
d. cessation of labor for one month on any form of home improvement.
Answer: d. cessation of labor for one month on any form of home improvement.

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Question: Which of the following approaches would an appraiser use in determining today's value of a single-family residence, which was built around 1930?

a. He would refer to a cost index and adjust for changes over the years.
b. Draw a conclusion from comparable sales figures in 1930.
c. He would use today's replacement costs and adjust for depreciation accordingly.
d. He would use 1930 construction costs as a starting point for his calculations.
Answer: c. He would use today's replacement costs and adjust for depreciation accordingly.

The simplest and most feasible approach would be to use today's replacement costs and to make allowances for any recognizable depreciation in determining the value of the property.
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Question: The following are all correct concerning a valid homestead, except:

a. the declarant must reside on property at time of declaring.
b. the declarant must give a description of the property.
c. the declarant must be married at the time of declaring.
d. all of the above
Answer: c. the declarant must be married at the time of declaring.

The declarant need not be married to file/declare.
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Question: In order to maximize return for his efforts during a tight money market, a real estate broker would best direct his efforts into:

a. sale of single dwellings, with assumption of existing loans.
b. property exchanging.
c. sale of recreational properties.
d. sale or leasing of income property.
Answer: b. property exchanging.

Exchanges most frequently would require minimal new, or refinancing, exchanging equities.
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Question: When a deed is recorded:

a. title always passes.
b. possession is granted.
c. presumption of delivery arises.
d. none of above.
Answer: c. presumption of delivery arises.

Deed must be delivered to be effective. It is logical the grantor intended delivery if the signed and had it acknowledged by a notary public.
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Question: A land developer should initially:

a. acquire the land.
b. do a cost analysis.
c. do a market analysis.
d. determine the development costs.
Answer: c. do a market analysis.

Otherwise referred to as a "feasibility" study, which will help determine if this or other alternatives should be pursued.
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Question: Which of the following is NOT real property?

a. Giant redwood tree growing in yard
b. Stock in mutual water company
c. Owner has removed fence, stacking the wood on the ground
d. None of above
Answer: c. Owner has removed fence, stacking the wood on the ground

Wood stacked on ground is personal property; the redwood tree is growing in the ground, and stock in the mutual water company is appurtenant to the real property.
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Question: If an appraiser observes wide cracks in the walls of a basement, he will attribute the probable cause to:

a. normal curing of the concrete.
b. settling of the house.
c. weakening joists.
d. deterioration due to moisture.
Answer: b. settling of the house.

Settling of the house on its foundations would cause such wide cracks. The other answers would not have this effect.
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Question: All of the following are essential elements to claim an easement by prescription, except:

a. payment of taxes for 5 years.
b. open and notorious use for 5 years.
c. use is hostile to owner.
d. claim or right.
Answer: a. payment of taxes for 5 years.

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Question: A property was sold on a real estate sales contract. Subsequently, the buyer refused to make required payments, breaching the agreement. The seller may take which of the following courses of action?

a. Unilateral rescission
b. Action for damages
c. Action for specific performance
d. All of the above
Answer: d. All of the above

All courses of action listed are open to the seller.
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Question: What is the area of the parcel described as follows: NW¼ of the SE¼ and the W½ of the NE¼ and the NE¼ of the NW¼ of Section 13; plus, to this add the SE¼ of the SW¼ and the SW¼ of the SE¼ of Section 14?

a. 200 acres
b. 160 acres
c. 120 acres
d. 240 acres
Answer: d. 240 acres

Remembering that each section = 640 acres; (1) each quarter of that would equal 160 acres; (2) ½ a quarter = 80 acres; ¼ a quarter = 40 acres.
Then: (Section 13) NW¼ of the SE¼ = 40 acres; W½ of the NE¼ = 80 acres; NE¼ of the NW¼ = 40 acres. (Section 4) SE¼ of the SW¼ = 40 acres; SW¼ of the SE¼ = 40 acres. Total Acres = 240.
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Question: At the time of his death, Broker "A," a licensed real estate broker, had 18 listings in his possession. He left his entire estate to a son, "B," who also is a licensed real estate broker. If "B" desires to collect any commissions on the sales of any of the 18 listings, he must:

a. take "quiet title" court action to authorize collection.
b. notify each owner that the commissions would be payable to him in lieu of his father.
c. do nothing.
d. renegotiate new listing contracts with each of the 18 owners.
Answer: d. renegotiate new listing contracts with each of the 18 owners.

Upon death, the listing contract (for personal service) would terminate. Had the father been incorporated, the renegotiation would not be necessary, as the corporation does not die.
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Question: An appraiser's final step in estimating value is to correlate the three indications of value obtained through the cost, income, and market data approaches. The final estimate of value is obtained by:

a. averaging the three values.
b.assigning weights to the three individual values ("reconcile"*), and then averaging those values.
c. both a and b.
d. none of the above.
Answer: d. none of the above.

There is no "averaging" used in correlating value estimates by appraisers. The final step is to estimate value through correlation by placing more emphasis on the approach that appears to be most accurate.
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Question: An investor constructs an office building and soon discovers that he can only rent a small percentage of the office space. Also, the electrical, plumbing, cooling, and heating systems are found to be oversize. This is an example of what kind of obsolescence?

a. Incurable locational
b. Curable functional
c. Curable economic
d. Incurable functional
Answer: d. Incurable functional

If such an office building has excessive capacity and more-than-adequate facilities, it will suffer a loss of value due to functional obsolescence, which is incurable. Economic obsolescence creates a loss of value due to causes outside the building.
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Question: Broker "U" receives a $5,000 deposit with an offer to purchase one of your personal listings priced at $100,000. The escrow is to close in only one week. The seller has previously agreed to pay you a $5,000 commission for any sale he can get on this property. Seller now instructs you to place the deposit into escrow. You (broker) should:

a. put the $5,000 into escrow with instructions to escrow to pay this amount back to you at closing.
b. put $5,000 into your broker trust account.
c. keep the $5,000 in the office (locked in your desk drawer) until the seller comes by to sign papers related to the sale.
d. put $5,000 into escrow.
Answer: d. put $5,000 into escrow.

Only one obvious solution. When in doubt, follow directions of the principal.
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Question: A purchaser of a home could not complete a legal contract because of which of the following?

a. Did not have sufficient cash for down payment and costs
b. Is not a citizen
c. Is not yet "of age" (is 17 years old)
d. None of the above
Answer: c. Is not yet "of age" (is 17 years old)

Lacks essential element of contract—capacity.
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Question: "Placement of a home on a lot" best matches:

a. option.
b. avulsion.
c. dedication.
d. plot plan.
Answer: d. plot plan.

Plot plan is planning the most advantageous place on a parcel of land for an improvement to be located.
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Question: Which of the following lenders tends to give the longest term on loans?

a. Banks
b. Insurance companies
c. Private individuals
d. Savings banks
Answer: b. Insurance companies

Life insurance companies will generally give the longer term, sometimes 30 years.
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Question: When an investor purchases income property, he should realize that there will be certain expenditures for upkeep, replacement, and management designed to produce greater income. When the point is reached, beyond which adding to improvements will not result in increasing returns, this is an example of the principle of:

a. conformity.
b. diminishing returns.
c. supply and demand.
d. substitution.
Answer: b. diminishing returns.
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Question: No provision is made for which of the following elements in the calculation of a capitalization rate during an appraisal of income property?

a. Income taxes and mortgage payments
b. Return on Investment
c. Return of Investment
d. Depreciation on the improvements
Answer: a. Income taxes and mortgage payments

Capitalization rates include only return of investment and return on investment. Depreciation is associated with return of investment. Taxes are not a factor in computing capitalization rates.
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Question: When an appraiser is concerned about "equilibrium" and "decline," he is working with one of the three sub-principles of which of the following?

a. Principle of Substitution
b. Principle of Supply and Demand
c. Principle of Highest and Best Use
d. Principle of Change
Answer: d. Principle of Change

Relative to the Sub-Principle of Integration and Disintegration, (1) Integration (development); (2) Equilibrium (static state); (3) Disintegration (decline or decay).
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Question: Which of the following is not included in the "Principle of Balance"?

a. Land
b. Management
c. Capital
d. Depreciation
Answer: d. Depreciation

The 4 ingredients involved in the production of income are: labor, capital, management, and land.
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Question: An owner, desiring to sell his residence, demands that the words "property is offered without respect to race, creed, national origin, etc." be omitted from his listing agreement. The broker should:

a. ignore the seller's request and take the listing.
b. suggest that under those terms, the seller should sell himself.
c. refuse to show the property to minorities.
d. none of the above.
Answer: b. suggest that under those terms, the seller should sell himself.

A licensee must refuse to take a listing that discriminates.
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Question: A cattle rancher purchased the following two parcels of land for grazing pasture. How many feet of wire will be required to enclose the entire pasture? Descriptions: E½ of the SE¼ of the SE¼ of the NW¼ and the W½ of the SW¼ of the SW¼ of the NE¼ of Section 34.

The parcels are 5 acres each, and join to form a square parcel, with a total of ten acres. Therefore, 10 acres = 43,56 0 sq. ft x (10) = 435,600 sq.ft. By taking the square root of the area, a side length = 660 ft. 660 ft. x 4 = 2,640 ft.

Alternative:
Comparing sides of the 10-acre parcel and the section, the parcel side represents 1/8 of the length of the section side (there could be eight such parcels along the section side). Therefore, a section side = 1 mile = 5,280' and the side of the parcel = 5,280' ÷ 9 = 660'. With four sides, the wire needed = 4 x 660' = 2,640'. 4
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Question: A broker has the listing on a seller's home (exclusive agency), and has expended much time, money, and effort in attempting to generate a sale. While the listing is still in force, the seller sells the property herself to a coworker. The broker would b e entitled to:

a. costs and expenses.
b. 1/2 the normal commission agreed on.
c. no commission.
d. full commission per listing agreement.
Answer: c. no commission.

In an "exclusive agency agreement," the seller reserved right to sell herself without paying any commission to the broker.
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Question: Which of the following is not an example of functional obsolescence?

a. Excessive strength in the foundation members and exterior walls
b. Excessive number of partitions in an office building
c. Proximity to a chemical plant, which gives off noxious fumes
d. Archaic architectural design
Answer: c. Proximity to a chemical plant, which gives off noxious fumes

Proximity to a chemical plant is a form of economic obsolescence, since the cause lies outside the property. The other answers represent functional obsolescence, since they are within, or are inherent to, the property.
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Question: An easement held by the power company for erecting poles and lines as required is an easement:

a. personal.
b. appurtenant.
c. in gross.
d. prescriptive.
Answer: c. in gross.
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Question: For a given loan amount, with a specified interest rate, which of the following would result in lower monthly costs to a borr ower?

a. FHA loan
b. VA loan
c. Conventional loan (90% of value), which requires an additional ¼% monthly private mortgage insurance
d. None of the above
Answer: b. VA loan

Both FHA and conventional loans require extra monies for insurance premiums; VA guarantees its loans, requiring no insurance for the borrower to pay.
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Question: Any person in whom the title of real estate is vested, who afterwards has a name change must:

a. change all recorded documents to reflect the change, immediately.
b. sign any subsequent conveyance with latest name, including maiden name.
c. set forth the name in which such person derived title, in subsequent conveyances.
d. none of the above.
Answer: c. set forth the name in which such person derived title, in subsequent conveyances.

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Question: A seller sold a property taking back a note and trust deed for $20,000 as a part of the purchase price. He later desired to purchase a lot on which he could build a home and needed $9,000 to buy the lot. He borrowed the money from the bank, giving the $20,000 note and T.D. as security, which was considered to be a:

a. chattel mortgage.
b. holding agreement.
c. pledge.
d. purchase money loan.
Answer: c. pledge.

Pledge - depositing of personal property (note and TD) by a borrower with a creditor (lender) as security for a debt (loan).
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Question: In the condominium concept, one buys a common interest in the common areas and an exclusive interest in a particular unit. Which of the following is NOT correct about condominiums?

a. Can be part of an office building
b. Can be only a "life estate" with right of survivorship
c. Owner has interest in real property
d. Can be liened generally or specifically
Answer: b. Can be only a "life estate" with right of survivorship

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Question: If each of the following properties was purchased for $150,000, which would make provision for the most dollars of allowable depreciation?

a. A farm
b. An apartment building
c. A commercial property
d. An industrial property
Answer: b. An apartment building

In this example, the apartment building would probably use the least amount of the cost basis for land value. This indicates that the largest portion of the $150,000 would be depreciated.
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Question: For a buyer in a new subdivision, which of the following would provide the least amount of protection against loss in value in the subdivision?

a. Zoning
b. Newness
c. Natural barriers
d. Private restrictions.
Answer: d. Private restrictions.

Typically, by limiting use, etc.
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Question: Sellers sold their residence and closed escrow on Oct. 15. Taxes on the property were $1,400 per year and had not been paid since payment of the last installment of the preceding tax year. What will their tax proration for this escrow be?

a. Credit $408
b. Credit $467
c. Debit $408
d. Debit $467
Answer: c. Debit $408

Taxes were paid through June 30th. Sellers owe for 3½ months, namely July, Aug., Sept. and one -half of Oct. A charge is a "debit." Amount = $1,400 ÷ 12 x 3.5 months = $408.33 = $408.
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Question: Which of the following defines a "blind ad"?

a. Neither sale price nor terms of property are included in the ad.
b. Licensee does not include address of property in the ad.
c. Licensee does not reveal that the ad was placed by licensee.
d. None of the above.
Answer: c. Licensee does not reveal that the ad was placed by licensee.

When agent advertises customer's home, but does not reveal the ad was placed by a licensee. Be safe, say, "Agent, 345-6789" or name the company.
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Question: A borrower negotiates a $4,500 loan secured by a 2nd trust deed through a broker. The loan was to be for a term of 2 years. What is the maximum commission the broker can charge for services?

a. $450
b. $225
c. $675
d. None of the above
Answer: a. $450

For junior trust deed, under $10,000 for 2 to 3 years = 10% $4,500 x 10% (.1)= $450.
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Question: Under a real property sales contract, buyer is considered to be a(n):

a. lessee.
b. tenant in common.
c. equitable owner.
d. vendor.
Answer: c. equitable owner.

No title passes, but buyer is equitable owner of the property. Should record a "memorandum of agreement" or land contract to give constructive notice.
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Question: Which of the following would be an example of economic obsolescence?

a. Exorbitant tax rates for civic improvements
b. Old fashioned design features
c. Deferred maintenance
d. Only one bathroom in a two-story residence
Answer: a. Exorbitant tax rates for civic improvements

Economic obsolescence is caused by extraneous factors. A high tax rate would be such a factor. The other factors are contained within the property.
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Question: You wish to purchase 2 acres of property for which you will pay up to $1.13 per square foot. The purchase price (maximum) would be:

a. $87,650.
b. $984,456.
c. $98,445.60.
d. $49,222.80.
Answer: c. $98,445.60.

2 acres x 43,560 = 87,120 sq. ft.
87,120 sq. ft. x $1.13 per sq. ft. = $98,445.60
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Question: A piece of lumber 4" x 4" x 6' is how many board feet?

a. 6
b. 8
c. 10
d. None of the above
Answer: b. 8

4" x 4" x 12" x 6' ÷ 144 = 8.0 board feet.
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Question: Which of the following statements is NOT correct?

a. A Cal Vet loan is a guaranteed loan.
b. An FHA loan is an insured loan.
c. A VA loan is a guaranteed loan.
d. A conventional loan is not backed by any governmental agency.
Answer: a. A Cal Vet loan is a guaranteed loan.

Cal Vet loans are "land contracts" with the state holding title.
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Question: If a deposit receipt does NOT contain a legal description of the property to be purchased, it would be:

a. illegal.
b. unenforceable.
c. voidable.
d. none of the above.
Answer: d. none of the above.

Adequate description of the subject property would be sufficient. The title company will require "legal" to insure the sale.
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Question: By what method does a tenant rent out his apartment if he has a leasehold interest in the apartment?

a. Assign
b. Sublet/Sublease
c. Transfer
d. Suffrage
Answer: b. Sublet/Sublease

A "sublease" is a lease given by a tenant.
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Question: When an appraiser evaluates real property, his concept of annual, or periodic, depreciation applies to which of the following?

a. Actual life
b. Economic life
c. Physical life
d. Theoretical life
Answer: b. Economic life

Ordinarily, a loss in value is considered on an annual basis. Economic life treats such loss, whether accrued or future, at a periodic rate.
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Question: A request for a "Notice of Default" on a first trust deed is for the benefit of the:

a. trustor.
b. vendee.
c. trustee.
d. beneficiary on the junior loan/second trust deed.
Answer: d. beneficiary on the junior loan/second trust deed.

A beneficiary of any junior note and trust deed would benefit from such a notice, in a timely fashion, so that he will have sufficient time to take necessary measures to protect himself during the reinstatement period.
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Question: In a subdivision, which of the following would NOT be a blanket encumbrance?

a. Trust Deed
b. Subdivision lot improvement assessment
c. Mechanic's lien
d. None of the above
Answer: b. Subdivision lot improvement assessment

Would be levied against each and every lot in the subdivision separately.
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Question: Which of the following is primarily responsible for the considerable increase in low cost rental housing for low income groups?

a. Federal Housing Administration
b. Public Housing Administration
c. State Housing Act
d. Urban Renewal Service
Answer: b. Public Housing Administration
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Question: A broker agrees to manage a client's investment portfolio ($85,000) of 1st trust deeds. If broker
guarantees a return of 11% on the investments, he:

a. must provide a bond.
b. must obtain a loan broker's license.

d. would be violating usury laws.
Answer: a. must provide a bond.

Must obtain a Real Property Security Dealer's Endorsement, which requires him to provide a bond ($5,000).
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Question: A loan (trust deed) held by an individual is:

a. a chattel real.
b. real property.
c. a real chattel.
d. personal property.
Answer: d. personal property.

A loan or trust deed is a lien; chattel real or real chattel are technical names for leasehold estates.
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Question: By definition, economic obsolescence would not apply to which of the following?

a. Location of a government building adjacent to the property
b. Neighborhood reconstruction projects
c. Antique fixtures in a building
d. Regulatory changes
Answer: c. Antique fixtures in a building

The antique fixtures would represent functional obsolescence, not economic obsolescence.
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Question: All of the following are used in the purchase of residential properties, except:

a. Cal-Vet.
b. VA approved lenders.
c. Commercial banks.
d. FHA approved lenders providing insured FHA Title I and Title II loans.
Answer: d. FHA approved lenders providing insured FHA Title I and Title II loans.

FHA Title I loans are for home improvement.
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Question: The normal method of disposing of government property is by:

a. sealed bids.
b. negotiated sale.
c. auction.
d. predetermined prices.
Answer: c. auction.
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Question: Adam purchased a residence for $180,000 and made $20,750 in capital improvements. He sold the house for $200,000 and moved into an apartment on a 3-year lease. What kind of tax effect would this sale have?

a. Capital gain of $750
b. Capital loss of $750
c. Capital loss of one-half of the $750
d. No effect
Answer: d. No effect

Cannot declare loss on personal residence.
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Question: A married woman purchased a business with separate funds, and subsequently decided to obtain a liquor license. She:

a. must apply to the Department of Alcoholic Beverage Control.
b. must apply to the Franchise Tax Board.
c. must apply, with her husband, to the Board of Equalization.
d. must apply, with her husband, to the Alcoholic Beverage Control Department.
Answer: d. must apply, with her husband, to the Alcoholic Beverage Control Department.

The "ABC" controls issuing liquor licenses. When a married person applies, bot husband and wife must apply together.
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Question: An investor purchased an income property at $200,000, with a capitalization rate of 10%. If the next income increased by 10% (with NO additional expense), and the "cap" rate increases to 12%, the new value of the property would be:

a. $220,000
b. $265,000
c. $299,000
d. $183,333
Answer: d. $183,333

$200,000 x 10% (.10) = $20,000

net income $20,000 + 10% = 20,000 + 2,000 = $22,000

new net income Value = Income divided by "cap" = $22,000 ÷ (.12) = $183,333
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Question: Economic obsolescence would be created by which of the following?

a. Old fashioned ceiling heights
b. Poor architectural arrangement of floor space
c. Inadequate parking facilities
d. An excessive number of similar properties available in the area
Answer: d. An excessive number of similar properties available in the area

Economic obsolescence is created by causes lying beyond, or outside, the property. An oversupply of similar, or competitive, units in the same area fits this parameter. The other answers to the question represent deficiencies in the property itself.
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Question: An owner of a business property sold the property and then "leased it back." Which of the following factors was most advantageous for the owner/lessee?

a. Was relieved of property management.
b. Has an improved tax situation, with all rent payment being deductible from income.
c. Does not have to be concerned about property taxes on the building in the future.
d. Now has more working capital at his disposal.
Answer: d. Now has more working capital at his disposal.

Probably the best answer in most situations.
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Question: A soil pipe is used in:

a. irrigation.
b. soil conservation.
c. soil depletion.
d. sewers.
Answer: d. sewers.

A soil pipe is used to carry waste and sewage from a property.
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Question: In determining local property taxes on a property:

a. assess land and improvements separately, then multiply each by a different rate.
b. assess separately and then multiply total by one tax rate.
c. assess together, they multiply each by a different tax rate.
d. assess together, then multiply by one tax rate.
Answer: b. assess separately and then multiply total by one tax rate.

Land value + Improvement value = Total Value Tax = Total Value x Tax Rate.
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Question: For which of the following could a deduction for income tax purposes be taken when unimproved land is held for investment?

a. Depreciation
b. Loss on the sale of land
c. Short-term capital gains
d. None of the above
Answer: b. Loss on the sale of land

IRS does allow capital losses deductions for land held for investment.
NOTE: Land does not wear out; therefore, there is no depreciation.
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Question: The grantor is the:

a. buyer.
b. seller.
c. renter.
d. lender.
Answer: b. seller.

The grantor is the one who signs the deed.
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Question: Depreciation is a factor least affected by which of the following statements?

a. A change in value resulting from inflation or other positive economic forces
b. Obsolescence resulting from adverse external changes in the neighborhood
c. Value deterioration due to action of natural elements
d. Obsolescence due to faulty design or inferior quality of construction
Answer: a. A change in value resulting from inflation or other positive economic forces

"a" represents an unearned increment, or increase in value, due to external causes. It is not a depreciating factor, whereas the other answers to the question are all depreciating elements.
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Question: An option is given to an optionee for a $1,000 consideration. All the following are true statements, except:

a. the optionee has a legal interest in the property.
b. the consideration is valid.
c. the optionor must sell the property.
d. the optionee has no obligation to purchase.
Answer: a. the optionee has a legal interest in the property.

The optionee merely has the right to buy the property under agreed upon conditions.
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Question: California law opposes the practice of discrimination due to race, color, religion, national origin, or ancestry in public assisted housing accommodations. Discrimination in which of the following cases would be in violation of this code?

a. In houses receiving tax exemptions (exception VA)
b. On land purchased for less than value due to state or local sale pursuant to Federal Housing Act of 1949
c. Housing in multiple dwellings financed with federally insured or guaranteed funds
d. All of the above
Answer: d. All of the above

Where government money is involved, no discrimination of any kind is allowed.
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Question: The punishment for any persons who violate the "kickback" provisions of R.E.S.P.A. may be:

a. not more than a $10,000 fine.
b. one year in prison.
c. both a and b.
d. none of the above.
Answer: c. both a and b.
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Question: Which of the following can make withdrawals from the broker's trust account?

a. Sales associates employed by broker
b. Corporate officers of licensed real estate corporation
c. Bonded unlicensed employees of broker
d. All of the above
Answer: c. Bonded unlicensed employees of broker

Remember, the person must have authorization from the broker to withdraw from the account. Brokers and unlicensed employees under a fidelity bond.
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Question: Re-zoning ordinances, attempting to rid an area of nonconforming uses, may require all of the following conditions, except:

a. allowing reasonable time, within which abuses may be eliminated.
b. prohibition of expansion.
c. prohibition of rebuilding.
d. retroactive zoning ordinances.
Answer: d. retroactive zoning ordinances.

Other answers are used frequently to gradually decrease non-conforming areas.
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Question: An investigation of a certain building reveals that there is a serious deterioration of the foundation and supporting beams in the basement. An appraiser would classify this type of defect as:

a. curable physical deterioration.
b. incurable physical deterioration.
c. curable functional obsolescence.
d. incurable functional obsolescence.
Answer: b. incurable physical deterioration.

In this context, this type of physical deterioration is classified as incurable because it is not economically profitable to replace, or to cure, the conditions as of the date of the appraisal.
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Question: In a partnership, if one of the partners dies, the surviving partner:

a. cannot transact any partnership business by himself until heirs of the estate are able to assume responsibility.
b. becomes a partner with the heirs.
c. cannot transact any partnership business as death conceals the partnership.
d. becomes exclusive manager of the partnership business, and retains the title to the partnership property until he winds up the partnership business.
Answer: d. becomes exclusive manager of the partnership business, and retains the title to the partnership property until he winds up the partnership business.
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Question: A real estate syndicate ownership may take the form of a:

a. corporation.
b. real estate investment trust.
c. limited partnership.
d. all of the above.
Answer: d. all of the above.

"Syndicate" has no precise legal significance, and organizational structure is set-up by the syndicator. "Limited partnership" is most frequently used for real estate syndicates.
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Question: California law requires a subdivider to notify the Real Estate Commissioner whenever there is a material change after the "final public report" has been issued. Which of the following would be considered a material change?

a. Price increase
b. Broker given exclusive listing
c. Sale of six units to developer
d. All of the above
Answer: c. Sale of six units to developer

Upon sale of five (5) units or more, to same buyer, the subdivider and new purchaser must report this change to the Commissioner.
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Question: California State sales tax applies to:

a. food products.
b. real property.
c. tangible property.
d. all of the above.
Answer: c. tangible property.

Tax is imposed upon retailers for sales of tangible personal property at retail. Items typically exempt are: food, drugs, certain necessities, and property subject to excise tax—liquor and gasoline.
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Question: A landlord does NOT have to file a notice to terminate when tenancy is:

a. an estate for years.
b. estate for year-to-year.
c. periodic.
d. estate at suffrage.
Answer: a. an estate for years.

An estate for years ends at previously agreed upon termination date.
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Question: A change in the flight patterns of an airport creates excessive noise over an apartment building. This results in increased vacancies and loss of property value. This loss of value would be called:

a. functional obsolescence.
b. ecological obsolescence.
c. physical deterioration.
d. economic obsolescence.
Answer: d. economic obsolescence.

Economic obsolescence results from adverse factors beyond the confines of the property.
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Question: The primary reason for maintaining funds in a trust account separate from the broker's general account is to:

a. insure the future control of funds.
b. make the bank liable in the event of fraud.
c. provide easier and more simplified record keeping.
d. protect funds in the event of a civil suit against broker.
Answer: d. protect funds in the event of a civil suit against broker.

A broker must NOT commingle funds.
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Question: H.U.D. has established certain factors (standards) that must exist before it will insure a home loan through one of its agencies. Known as MPRs, these are:

a. Maximum Probability Ratio.
b. Mortgage Protection Requirements.
c. Market Price Rating.
d. Minimum Property Requirements.
Answer: d. Minimum Property Requirements.

The FHA is an agency of H.U.D. (Department of Housing and Urban Development).
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Question: An appraiser evaluated a building and reported to the owner that the $2,500 per month income was in line with other compa rable properties in the area. Recent sales of some of those comparable properties brought $350,000. What monthly gross multiplier would he use in further evaluations?

a. 130
b. 140
c. 150
d. None of the above
Answer: b. 140

Sale price divided by monthly income = $350,000 ÷ 2,500 (Monthly Gross Multiplier) = 140.
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Question: All contracts to be valid must contain the following elements or characteristics, except:

a. competent parties.
b. consideration.
c. legal object.
d. must be in writing.
Answer: d. must be in writing.

Real estate contracts must be in writing, but NOT all other contracts must be in writing
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Question: A section of land is to be enclosed with a double strand of wire. If a rod equals one pound of wire, how many pounds of wire will be required?

a. 640
b. 1,280
c. 1,920
d. 2,560
Answer: d. 2,560

1 mile = 320 rods; 1 section is 4 miles around
Therefore 1 sec. = (4 mi.) x (320 rods) = 4 x 320 = 1280 rods per strand
For 2 strands, 2 x 1280 rods = 2560 rods = 2,560 pounds
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Question: Accrued depreciation may be estimated by five general methods. Which of the following would be considered as indirect methods?

a. Capitalized income and market methods
b. Breakdown and engineering methods
c. Capitalized and engineering methods
d. Market and breakdown methods
Answer: a. Capitalized income and market methods

The capitalized income and market methods are considered to be indirect methods. Straight -line, engineering, and breakdown methods are classified as direct methods.
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Question: A parcel of land 500 ft. x 300 ft. is bisected into two equal sized rectangles by a row of eucalyptus trees. How many acres are there in each portion?

a. 3.44
b. 1.72
c. 0.34
d. 15.0
Answer: b. 1.72

Total area = 500' x 300' = 150,000 sq. ft.
150,000 ÷ 43,560 = 3.44 acres total ÷ 2 = 1.72 acres each.
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Question: "The right of one or more persons to possess and use something to the exclusion of others" describes:

a. discrimination.
b. novation.
c. ownership.
d. equity.
Answer: c. ownership.
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Question: A salesperson purchased a property listed through his broker's office. Later the sellers complained to the Commissioner that the salesperson had neglected to inform them he was a licensee. Which of the following is correct?

a. Salesperson is not responsible, just the broker.
b. Seller should have guessed that the buyer was licensed, due to his knowledge.
c. Salesperson and broker are both subject to disciplinary action.
d. No violation of real estate law.
Answer: c. Salesperson and broker are both subject to disciplinary action.

Broker must exercise reasonable supervision over salesperson, and is required to sign all contracts within 5 days. Broker should have known that salesperson did not give proper disclosures.
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Question: The series of parallel beams to which floorboards and ceiling laths are nailed, which are supported by large beams, girders, and bearing walls, are called:

a. braces.
b. plates.
c. joists.
d. guides.
Answer: c. joists.

Joists are structural parts supporting floor or ceiling loads.
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Question: Which of the following is considered a "debit" to the buyer?

a. Accrued interest
b. Purchase price
c. Rentals payable in advance
d. Selling expenses
Answer: b. Purchase price

Debit is a charge: the buyer is charged the purchase price.
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Question: Some forms of depreciation are curable, some are not. Which of the following forms is not curable?

a. Physical depreciation
b. Physical wear and tear
c. Economic obsolescence
d. Functional obsolescence
Answer: c. Economic obsolescence

Economic depreciation, or obsolescence, takes place beyond the confines of the property. Thus, the property owner cannot exert control over such features as economic recession, aircraft noise, adverse zoning, or the departure of major industries from the area. These situations can only be regarded as incurable.
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Question: In the appraising of real estate, there are several "principles of value." Of the following, which most clearly describes the "Principle of Change"?

a. Less desirable properties enhance the values of more desirable properties.
b. More desirable properties are adversely affected by less desirable properties in their midst.
c. Tomorrow evolves out of today which came out of yesterday.
d. None of the above.
Answer: c. Tomorrow evolves out of today which came out of yesterday.

Principle of Change: (1) Development; (2) Static; (3) Decline.
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Question: A land project consists of:

a. 50 or more parcels and less than 15,000 voters within two miles of the subdivision.
b. 100 or more parcels and less than 1,500 voters within two miles of the subdivision.
c. 50 or more parcels and less than 1,500 voters within two miles of the subdivision.
d. none of the above.
Answer: c. 50 or more parcels and less than 1,500 voters within two miles of the subdivision.
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Question: An owner gives an "open listing" to many brokers, including "A" and "B." Broker A shows the home to a customer, but does not make a sale. Broker B later sells the home to the same customer. The seller is obligated to pay:

a. "A" a full commission.
b. "B" a full commission.
c. "A" and "B", who split the commission.
d. "A" and "B", who both receive full commissions.
Answer: b. "B" a full commission.

Generally, an open listing pays only to the salesperson who sells.
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Question: A waiver is defined as a:

a. release from an attachment.
b. release from an injunction.
c. bilateral act that voluntarily relinquishes a known right or privilege.
d. all of the above.
Answer: c. bilateral act that voluntarily relinquishes a known right or privilege.
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Question: Of the following statements concerning a life estate, which is NOT true?

a. All conveyances for life estates must be in writing to be enforceable.
b. It is a freehold estate.
c. Person holding a life estate does not have fee title.
d. It cannot extend beyond the life of the life tenant.
Answer: d. It cannot extend beyond the life of the life tenant.

Can be based on life of someone other than the life tenant.
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Question: Which one of the following illustrates the most common type of depreciation?

a. Faulty plumbing
b. An increase of amenities
c. Outmoded appliances and poor architectural design
d. Deferred maintenance
Answer: d. Deferred maintenance

Deferred maintenance is maintenance which has been postponed to some later date. This is a common practice, and it tends to deteriorate the physical condition of a structure.
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Question: Which of the following most clearly describes the "Principle of Regression"?

a. Less desirable properties enhance the value of more desirable properties.
b. More desirable properties are adversely affected by less desirable properties in their midst.
c. Tomorrow evolves out of today, which came out of yesterday.
d. None of the above.
Answer: b. More desirable properties are adversely affected by less desirable properties in their midst.
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Question: When the business cycle is in the prosperity phase, real estate cycle is in a phase of:

a. high construction, high borrowing, high sales.
b. low construction, little borrowing, low sales.
c. low construction, high borrowing.
d. high construction, low sales, high borrowing.
Answer: a. high construction, high borrowing, high sales.
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Question: Mr. Soldier wants to purchase a home on his VA entitlement. The asking price is $100,000. The VA "CRV" came back at $98,750. Which of the following statements is correct?

a. Buyer can ask seller to reduce purchase price.
b. Buyer can pay the extra $1,250 in cash and get the $98,750 loan.
c. Buyer can request the VA to reevaluate the property (ask for re-appraisal), hoping to get the full value.
d. All of the above.
Answer: d. All of the above.

The only thing the buyer cannot do is finance above the CVR.
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Question: Of the following types of appraisal reports, which would be the most detailed?

a. Certificate
b. Form
c. Letter
d. Narrative
Answer: d. Narrative

Gives appraiser opportunity to support his observations and opinions.
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Question: Which of the following relates to "economic obsolescence"?

a. Legislative acts
b. Massive cornices
c. Outdated fixtures
d. Worn-out stairs
Answer: a. Legislative acts

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Question: If a buyer plans to purchase an older building, he would give most careful consideration to the:

a. economic life remaining.
b. actual life.
c. economic life.
d. effective life.
Answer: a. economic life remaining.

The buyer would be most concerned with the future potentials of the property: the economic life still remaining.
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Question: 1. A real property security endorsement is valid for:

a. as long as the broker's license is valid, and it needs no further endorsement.
b. multiples of 4 years.
c. one year.
d. the term of the broker's license to which the endorsement is affixed.
Answer: d. the term of the broker's license to which the endorsement is affixed.
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Question: 10. Considering the "Interstate Land Sales Full Disclosure Act," which of the following is NOT true?

a. Controls subdivisions of 25 (or more) lots, unimproved at the time of sale.
b. Developer must register subdivision with Office of Inter-Land Sales Registration (OILSR), and provide copy of
"property report" to purchaser or lessee.
c. Any contract to purchase or lease may be revoked by purchaser or lessee within 7 days of signing the contract.
d. Violations are punishable by fines up to $50, imprisonment of up to 5 weeks, or both.
Answer: d. Violations are punishable by fines up to $50, imprisonment of up to 5 weeks, or both.

Fines up to $5,000; imprisonment up to 5 yrs., or both.
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Question: 100. According to California law, legal closing occurs at which of the following times?

a. When broker gets all required signatures and acceptance is acknowledged
b. When funds for loan are placed in escrow
c. When escrow disburses money (checks)
d. When all instruments necessary to transfer title have been executed and recorded
Answer: d. When all instruments necessary to transfer title have been executed and recorded

Title insurance has been furnished, and money necessary to pay seller's equity, less costs and expenses, are in the hands of the broker or escrow holder. Transfer of title and money are thought of as simultaneous acts.
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Question: 101. Which of the following would NOT be considered a "deferred payment" form of contract?

a. Conditional sales contract
b. FHA purchase contract
c. Installment sale contract
d. Land contract
Answer: b. FHA purchase contract

The forms of a, c, and d are where the balance of principal to sellers will be deferred until a later time. The FHA agreement requires that all sums are due and payable to sellers at end of escrow.
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Question: 102. Quality of income is an important factor in making an appraisal. It is best expressed in which of the following statements?

a. In establishing a proper relationship between risk involved and income produced, it is necessary to develop an accurate capitalization rate.
b. In the amount of income produced by the real property.
c. In making a reasonable allowance for recapture of investment in improvements and in other depreciable items.
d. In making a proper determination of the anticipated period of time during which the improvements would produce income.
Answer: a. In establishing a proper relationship between risk involved and income produced, it is necessary to develop an accurate capitalization rate.

The capitalization of net income from real estate investments is at a rate which is a function of the risk involved. The quality factor of net income is interpreted in terms of risk.
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Question: 11. A valid lease need NOT contain:

a. amount of payment.
b. description of property.
c. names of parties to lease and terms of lease.
d. stipulated transfer fee.
Answer: d. stipulated transfer fee.

There is NO transfer fee involved with leasing.
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Question: 12. If an appraiser wishes to measure the extent of accrued depreciation, he would rely upon which one of the following methods of calculation?

a. Cubic foot
b. Square foot
c. Front foot
d. Straight-line method
Answer: d. Straight-line method

Appraisers do NOT use footage as methods of calculating depreciation; therefore, they would select the straight-line method.
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Question: 13. In real estate, the word "tenancy" means:

a. a device.
b. a tenacious person.
c. two or more persons joined in an enterprise.
d. a mode or method of holding ownership.
Answer: d. a mode or method of holding ownership.
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Question: 14. Code requirements for "studding" in single-family units is:

a. 16 " o.c.
b. 18 " o.c.
c. 20 " o.c.
d. 24 " o.c.
Answer: a. 16 " o.c.

In some areas, codes allow up to 24´´ on center, but the standard is 16´´ on center.
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Question: 15. Less-than-freehold estates consist of estates owned by:

a. grantees of life estates.
b. holders of easements.
c. beneficiaries of trust deeds.
d. lessees.
Answer: d. lessees.

would be of determinable time or duration—a lease.
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Question: 16. A property valued at $550,000 has a capitalization rate of 10%. The net income is $55,000. If the "cap rate" increased to 11%, what would be the adjusted value of the property?

a. $495,000
b. $500,000
c. $480,000
d. $450,000
Answer: b. $500,000

An increase of one point (1%) in the "cap rate" would result in a reduction in value of the building of $50,000. Value = Income divided by Cap Rate = $55,000 ÷ 11% (.11) = $500,000.
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Question: 17. When a broker sells six notes and trust deeds taken back by a developer of a new subdivision, he must give to each prospective purchaser a:

a. final public report.
b. loan disclosure statements.
c. notice of intended sale.
d. real property security statement.
Answer: d. real property security statement.

selling a real property security requires a real property securities dealer endorsement dealer.
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Question: 18. In the determination for replacement costs of a new property, an appraiser would use all of the following methods, except:

a. comparative square foot.
b. observed condition of the property.
c. quantity survey.
d. unit cost-in-place.
Answer: b. observed condition of the property.

Observed condition is a method for estimating accrued depreciation, and it is NOT used to determine replacement costs.
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Question: 19. By recording a deed with the County Recorder's Office, one:

a. validates the document so recorded.
b. makes it possible for the new owner to be able to sell the property.
c. gives actual notice of interest in real property.
d. establishes precedence over subsequently recorded instruments.
Answer: d. establishes precedence over subsequently recorded instruments.

Creates priorities between various instruments.
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Question: 2. A conventional loan would differ from an FHA loan in that the conventional loan would have:

a. lower monthly payments.
b. lower interest rates.
c. lower down payment requirements.
d. lower loan-to-value ratio.
Answer: d. lower loan-to-value ratio.

FHA typically will loan a greater percentage of value to the borrower than a conventional lender, requiring a smaller down payment. The conventional lender does not have the "insurance" against loss that the FHA lender has and, therefore, is taking greater risks and must receive more down payment (equity) from the buyer/borrower.
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Question: 20. You own the business you run and lease the building in which you operate. You hold a (an):

a. remainder.
b. interest in, but not an estate.
c. less-than-freehold estate.
d. freehold estate.
Answer: c. less-than-freehold estate.

With a less-than-freehold (leasehold) estate, there is no direct ownership of real estate.
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Question: 21. "Assignment of rents" in a loan or trust deed:

a. provides for new buyer to pay rent until title passes.
b. provides that the borrower pays.
c. protects trustor or mortgagor.
d. benefits mortgagee or beneficiary.
Answer: d. benefits mortgagee or beneficiary.

At default, this would allow lender foreclosing on property to collect rents from tenant, and apply this money towards debts of borrower.
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Question: 22. A buyer recently purchased a property for $150,000. If the cost to sell the property would be 9% of sale price, how much must the property appreciate in value in order for the owner to sell and get his $150,000 out of the sale?

a. $13,500
b. $14,835
c. 9%
d. 109%
Answer: b. $14,835

The original price now will be equal to only 91% (100% - 9%) at the time of sale. To determine the new required sale price:
Value divided by its percentage value = $150,000 ÷ 91% (.91).
New sale price must be = $164,835.16.
Therefore, appreciation was $164,835 - 150,000 = $14,835.
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Question: 23. Mr. "O" intentionally causes Mr. "G" to believe that a real estate broker is his agent. In fact, the broker is not Mr. "O's" agent. However, under the above conditions, the agency relationship is:

a. actual.
b. implied.
c. nonexistent.
d. ostensible.
Answer: d. ostensible.

Ostensible agency is often referred to as a "presumptive" agency, where one party intentionally induces another to believe that another is his agent, though in fact he has not employed that person as an agent.
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Question: 24. In the course of evaluating apartment property net income, an appraiser would regard an annual payment for a street paving assessment as a(n):

a. fixed expenditure.
b. operating expense.
c. expense related to income.
d. capital outlay.
Answer: d. capital outlay.

Assessments for street improvements are considered to be capital expenses, which increase land values. They are not regarded as expenses deductible from income.
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Question: 25. A loan of $200,000 is placed on a fourplex which has a tax basis of $150,000. Which of the following applies?

a. The basis is increased by the amount of the loan.
b. The basis is decreased to the amount of the loan.
c. There is no tax due on the transaction.
d. The basis is increased to the extent that the loan exceeds the basis.
Answer: c. There is no tax due on the transaction.

The tax basis is affected only by: (1) the addition of capital improvements, or (2) the deduction of depreciation.
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Question: 26. When establishing value by "appraisal," it is necessary to recognize the difference between the function of the appraisal and:

a. the appraisal process.
b. amenities to the owner.
c. principles of appraisal.
d. the purpose for which the appraisal is being made.
Answer: d. the purpose for which the appraisal is being made.

The purpose may be to estimate value for: (1) listing with a broker, (2) financing, (3) condemnation, or (4) an insurance settlement.
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Question: 27. Which of the following can contain the Real Estate Commissioner's recommendation for sales?

a. Real Property Security
b. Residential subdivision
c. Syndicate security
d. None of the above
Answer: d. None of the above

Commissioner's office can "issue public reports" that might be favorable, but cannot make any recommendation to purchase.
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Question: 28. Which of the following would take the position of "senior" lien?

a. Assessment bond
b. First trust deed
c. Homestead
d. The one above which was first recorded
Answer: a. Assessment bond

No matter when, property taxes and assessments take priority over all other liens.
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Question: 29. A "quitclaim" deed implies that the:

a. grantor has not previously transferred the property to another.
b. grantor has not created an encumbrance against the property that has not been revealed.
c. grantor actually owns the property.
d. none of above.
Answer: d. none of above.

Grant deed has warranties, NOT the "quitclaim" deed. It implies nothing, not even that the party giving the deed does, in fact, own an interest in the subject property.
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Question: 3. A buyer has purchased a residence for $100,000 utilizing VA entitlement to finance the entire purchase price. The interest rate = 12%; combined monthly payments for 30 years will accumulate to be $370,300. What will be the initial month's principal payment?

a. $128.61
b. $78.61
c. $28.61
d. $0.00
Answer: c. $28.61

Monthly (P+I) = $370,300 ÷ (30 x 12) = $1,028.61
Initial month interest = $100,000 x 12% ÷ 12 = $1,000
Therefore, initial month principal amount = $1,028.61- $1,000 = $28.61.
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Question: 30. The income approach to valuation requires the measurement of, and the provision for, future depreciation. For this purpose, an appraiser would use all of the following methods, except:

a. sinking fund rate.
b. cost of reproduction.
c. straight-line.
d. a capitalization rate, which includes a risk rating.
Answer: b. cost of reproduction.

The cost of reproduction method treats more of past loss in value rather than of expected loss of value in the future. The answers, "a," "c," and "d" are methods developed to analyze the problems of future depreciation.
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Question: 31. A building has two separate sections, each with internal dimensions of 25' width by 80' depth. The dividing center wall, running from front to back, is 12" thick, and all exterior walls are 6" thick. How much land does the building cover?

a. 4,043 sq. ft.
b. 4,061 sq. ft.
c. 4,212 sq. ft.
d. 4,366 sq. ft.
Answer: c. 4,212 sq. ft.

Gross sq. ft. = 52' x 81' = 4,212 sq. ft.
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Question: 32. An investor in an eight-year-old apartment building will be allowed by the IRS to calculate depreciation by which of the following methods?

a. Income method
b. Cost method
c. Straight-line method
d. None of the above
Answer: c. Straight-line method

Straight-line method. The others are types of appraisals.
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Question: 33. Borrowing against a property with a loan interest rate less than the "equity yield" on the property:

a. is unlawful.
b. decreases equity yield.
c. has no effect on equity yield.
d. enhances equity yield.
Answer: d. enhances equity yield.

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Question: 34. Mr. and Mrs. "Z" own property in joint tenancy. The "Zs" each have a son by a previous marriage. Mrs. "Z" dies and leaves by will 2/3 of her property to her son and the other 1/3 to Mr. "Z's" son. The sons:

a. hold title as tenants in common.
b. hold title as joint tenants, with right of survivorship.
c. may select to hold title in community property.
d. none of the above.
Answer: d. none of the above.

The property, upon death, automatically passed to Mr. "Z" as surviving spouse. The will was invalid, as to passing the title. Mr. "Z" now holds title to property in severalty.
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Question: 35. Cost estimating methods currently used by builders, architects, and appraisers are:

a. capitalization of residual income.
b. capitalized cost of replacement.
c. quantity survey, unit in place, comparative square, or cubic foot.
d. unit, unit in place, quantity survey.
Answer: c. quantity survey, unit in place, comparative square, or cubic foot.
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Question: 36. An appraiser would have to be able to identify land values separately in which one of the following appraisal techniques?

a. Market data approach
b. Income approach
c. Cost approach
d. All of the foregoing
Answer: c. Cost approach

The cost approach requires the appraiser to identify land values separately from the reproduction cost of the improvements located on the land. In the other appraisal methods, the appraiser develops the entire property as one total value, then separates land value from improvement value.
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Question: 37. A "land project" is best defined as:

a. 50 or more unimproved lots in a rural area.
b. ownership of an undivided interest in land coupled with the right of exclusive occupancy of any apartment thereon.
c. ownership of an undivided interest in common in a portion of property, together with a separate interest in space in a
residential, industrial, or commercial building.
d. ownership of an undivided interest in land.
Answer: a. 50 or more unimproved lots in a rural area.
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Question: 38. Which of the following is NOT associated with market value?

a. Exchange value
b. Reasonable value
c. Material costs
d. Objective value
Answer: c. Material costs
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Question: 39. An investor is considering buying a vacant property and building a building on it which will cost $170,000. Rental income will be $2,700 per month, and annual expenses will be $8,200. What is the maximum he can pay for the land if he uses an 11% capitalization rate?

a. $60,000
b. $50,000
c. $40,000
d. $30,000
Answer: b. $50,000

Annual gross income = $2,700 x 12 = $32,400
Net annual income = $32,400 - 8,200 = $24,200 Value = Income divided by "cap" rate =
24,200 ÷ 11% (.11) = $220,000 (Total Value) Total Value - Bldg. Value = Value of the Lot = $220,000 - $170,000 = $50,000
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Question: 4. A property was leased to a lessee for a two-year period, with monthly lease payments to be $800. The lessor collected the first and last month payments. This agreement would most likely not include which of the following statements?

a. Escalator clause
b. Compliance with local laws
c. Condemnation provisions
d. Third-party liability clause
Answer: a. Escalator clause

A signed agreement whereby the lease amount is specifically set (for a short period of time) would
probably not include an escalator clause.
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Question: 40. When purchasing a "business opportunity" and using personal property acquired to secure a loan, which of the following is necessary to "perfect" the transaction?

a. The contract developed to facilitate the sale
b. Filing of the security agreement
c. Filing of the financing statement
d. Recording the original contract
Answer: c. Filing of the financing statement

The "financing statement" (UCC-1) filed with the secretary of state is used to give public notice of the transaction and to "perfect" (complete) the security interest.
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Question: 41. A broker had signed an agreement to locate property for his principal. Having found a property which suited his principal, which could be purchased for less than he was willing to pay, the broker bought the property himself. Later the broker sold the property to his principal at the higher price, keeping the difference for himself. This is considered:

a. commingling.
b. conversion.
c. divided agency.
d. secret profit.
Answer: d. secret profit.

The broker is required to obtain the property for the principal at the lower price, saving the principal the
difference.
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Question: 42. The most important economic characteristic of property is:

a. lot size.
b. lot shape.
c. location.
d. capital improvements.
Answer: c. location.

Location! Location! Location! Forget everything else!
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Question: 43. When interest rates on real property loans increase, capitalization rates on income properties tend to:

a. be affected inversely.
b. remain the same
c. increase
d. decrease.
Answer: c. increase
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Question: 44. Which one of the following is not classified as a subdivision?

a. Community apartment project with 20 or more apartments.
b. Condominium project with 10 or more units.
c. Stock cooperative containing 10 or more units.
d. Planned development containing four lots.
Answer: d. Planned development containing four lots.

A subdivision must have five or more units.
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Question: 45. All of the following are necessary for obtaining title to a property by "adverse possession," except:

a. must possess under some evidence of color of title or claim of right.
b. must pay taxes 5 years, before they become delinquent.
c. must possess property continuously for 5 years.
d. must occupy property hostile to recorded owner.
Answer: b. must pay taxes 5 years, before they become delinquent.

The word "delinquent" is NOT required by law; just pay the taxes for 5 years.
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Question: 46. Which of the following would not be constructive eviction of a tenant (lessee) by a landlord?

a. During lease, landlord attempts to lease property to others.
b. Landlord ousts tenants or allows third party to oust tenants.
c. Landlord makes extensive, unwarranted alterations to the property.
d. Landlord fails to repair excessive wear and tear to property caused by tenant's neglect.
Answer: d. Landlord fails to repair excessive wear and tear to property caused by tenant's neglect.

All other answers do constitute "constructive eviction" by the landlord, which would allow the tenant to abandon the property and refuse to pay further rent, and doing so without incurring liability for breach of lease
agreement.
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Question: 47. On which of the following types of business collateral would one file with the secretary of state (Sacramento) to perfect a security transaction?

a. Consumer goods
b. Growing crops
c. Trade fixtures
d. Uncut timber
Answer: c. Trade fixtures

Others (personal property) are recorded with local county recorder.
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Question: 48. In the construction of a building, there are several indirect costs involved, one of which is:

a. building permit fees.
b. material costs.
c. labor costs.
d. subcontracts.
Answer: a. building permit fees.

"b," "c," and "d" are direct costs. A listing of indirect costs would show such items as permits, surveys, consulting fees, architects, engineers, legal, taxes financing charges, and administrative and overhead costs.
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Question: 49. Assume the streets in a subdivision were financed through the issuance of 1911 Street Improvement Act Bonds. When he prepares his income tax return, the:

a. owner of the liened lot can deduct principle and interest payments on the bonds.
b. owner of liened lot can deduct only principal payments.
c. bond holder must report principle payment received as taxable income.
d. bond holder need not declare the interest as income.
Answer: d. bond holder need not declare the interest as income.

Bonds are tax exempt; therefore, income generated is not taxed.
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Question: 5. In a single-family dwelling, the extended (spread out) part of the bottom of the exterior of the foundation is called the:

a. base.
b. footing.
c. foundation.
d. pier.
Answer: b. footing.

Base of foundation wall, pier, or column.
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Question: 50. When personal property becomes (by intent) a part of real property, it becomes a(n):

a. attachment.
b. inclusion.
c. dedication.
d. fixture.
Answer: d. fixture.
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Question: 51. California real estate law considers manufactured homes:

a. personal property.
b. real property.
c. either a or b.
d. none of the above.
Answer: c. either a or b.

Personal property, until (1) placed on foundation (with permit), (2) certificate of occupancy is issued, and (3) proper documents filed reflecting unit has been fixed to foundation.
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Question: 52. A clothing store owner could NOT use which of the following as security for a loan?

a. Accounts receivable
b. Fixtures
c. Personal note
d. Stock
Answer: d. Stock

Stock in trade CANNOT be used to secure a loan, for when the merchandise is sold, there is no longer any security.
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Question: 53. A 60-year-old man has been living in a home he bought 9 years ago, for which he paid $90,000. He recently sold the home for $120,000, incurring $9,600 selling expenses and brokerage fees. What capital gains taxes will he owe?

a. $20,400
b. $30,000
c. $9,600
d. None
Answer: d. None

$250,000 is allowed for gain without tax liability.
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Question: 54. Sites for industrial buildings are usually gauged by the:

a. cubic foot.
b. front foot.
c. acre.
d. square foot.
Answer: d. square foot.

Industrial building sites are usually valued according to square footage. Acre is a unit of measure seldom used.
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Question: 55. A corporation issued a deed to real property. The president and secretary both signed the deed and affixed the corporate seal. These actions would probably be sufficient to pass marketable title if:

a. the deed is executed in connection with the dissolution of the corporation.
b. the transaction involved is within the ordinary scope of business of the corporation.
c. the transferor is a religious organization or church.
d. all of the assets of the corporation are included in the transfer.
Answer: b. the transaction involved is within the ordinary scope of business of the corporation.
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Question: 56. A bearing wall in a building:

a. could be at any angle relative to a door. Can be an archway.
b. probably would not be removed during remodeling.
c. would have stronger structural members.
d. all of the above.
Answer: d. all of the above.

Such a wall bears much weight, supporting upper floor and/or roof loads.
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Question: 57. Market price is:

a. what a property would bring in the open market.
b. price offered by an informed purchaser.
c. price asked for by an informed seller.
d. price actually paid for property (escrow closed).
Answer: d. price actually paid for property (escrow closed).

Others are just "ideas" of what price should be. The final sale sets the record straight.
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Question: 58. In the "income" approach to value, the recapture of capital invested in the improvements is provided for by:

a. accruals for depreciation.
b. cost to cure.
c. observed conditions.
d. observed depreciation.
Answer: a. accruals for depreciation.

Recapture relates to depreciation taken; others relate to the physical deterioration of property.
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Question: 59. An investor put $10,000 down on a property purchased for $100,000. He received a 9% gross return on the purchase price and had a 9% interest expense on the loan amount as his only expense. What would the percentage return on his investment be?

a. 0%
b. 11%
c. 9%
d. None of the above
Answer: c. 9%

Gross income = $100,000 x (9%) = 100,000 x (.09) = $9,000
Interest expense = $90,000 x (9%) = 90,000 x (.09) = $8,100
Net return = $9,000 - 8,100 = $900
Percent return on investment = $900 ÷ 10,000 x (100) = 9 (9%)
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Question: 6. All of the following would cause economic obsolescence, except:

a. improperly placed improvements.
b. old fashioned kitchens.
c. unfavorable zoning changes.
d. industries moving out of the neighborhood.
Answer: b. old fashioned kitchens.

Old fashioned kitchens represent a form of functional obsolescence. The other three items are caused by
factors outside the property. Therefore, they are forms of economic obsolescence.
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Question: 60. The income approach to appraisal requires the selection of an accurate capitalization rate because:

a. the appraised value of property increases if the capitalization rate is decreased.
b. the appraised value of property increases if the capitalization rate is increased.
c. a provision for return on the investment is a limitation on the calculation of a capitalization rate.
d. a property, which has a reliable tenant, would justify a higher capitalization rate than one with a tenant who has a poor financial
background.
Answer: a. the appraised value of property increases if the capitalization rate is decreased.

Appraisal value increases when the capitalization rate is decreased. The capitalization rate represents the integration of the rate of income, expressed as interest, and the rate of recapture, expressed as depreciation.
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Question: 61. When a tenant who had rightfully come into possession of a property by means of a lease agreement retains possession after the expiration of said lease without permission of the owner, it is called a(n):

a. estate for years.
b. estate at sufferance.
c. periodic tenancy.
d. estate at will.
Answer: b. estate at sufferance.

Also, an estate at sufferance does not require a notice of termination.
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Question: 62. A purchaser in a sale-leaseback transaction would be least concerned about:

a. the location of the property.
b. general credit of the lessee.
c. depreciated book value of the improvement.
d. condition of improvements.
Answer: c. depreciated book value of the improvement.

Purchaser will set up his own depreciation schedule, and cares not about what the previous owner's book showed, with respect to depreciation.
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Question: 63. Deed restrictions are enforced by:

a. consent decree.
b. desist and refrain.
c. indictment.
d. injunction.
Answer: d. injunction.

Is a writ or court order restraining named parties from doing an act which is deeded inequitable or unjust in the regards to the rights of other parties in the suit or proceedings.
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Question: 64. Two single persons desire to take and hold title to property, with the ability to later will their portions to whomever they desire. They should take title as:

a. joint tenants.
b. tenants in common.
c. community property.
d. severalty.
Answer: b. tenants in common.

Joint tenancy carries "right of survivorship" - NO wills; singles CANNOT hold title as community property; severalty means "one" owner, which is NOT the case in this situation.
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Question: 65. Which of the following appraisal methods requires a computation for "accrued depreciation"?

a. Cost
b. Income
c. Market data
d. All of the above
Answer: a. Cost

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Question: 66. "Just compensation" is a term used in condemnation proceedings. In determining the fair market value of a property, the court would use any of the following, except the:

a. comparative income data approach.
b. cost approach.
c. income approach.
d. market data approach.
Answer: b. cost approach.

The court seldom uses the cost approach, unless the property is unique in some way and has very little turnover.
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Question: 67. "Placement of a Home" would best match up with which of the following?

a. Prescription
b. Subordination
c. Orientation
d. Novation.
Answer: c. Orientation
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Question: 68. Which of the following is not necessary in a bill of sale?

a. Date
b. Mention of consideration
c. Signature of vendor
d. Acknowledgment
Answer: d. Acknowledgment
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Question: 69. When appraising residential properties, an appraiser should carefully examine which of the following?

a. Comparable homes currently for sale
b. Comparable homes recently for sale, but not sold
c. Comparable homes recently sold, escrow's being closed
d. All of the above
Answer: d. All of the above

Although it is true that those homes for which the escrow has been closed provide "what the buyer will pay," the other data is of great value in establishing the ranges of value within which the subject property should fall.
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Question: 7. One way to jointly hold title to real property is "joint tenancy." Another way would be:

a. tenancy in common.
b. community property.
c. tenancy in partnership.
d. all of the above.
Answer: d. all of the above.
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Question: 70. Condominium ownership is an undivided interest in common areas with all other project owners, plus separate interest in the "air space" of a particular unit. Air space is:

a. space within prescribed boundaries indicated by legal description of project.
b. space between outer boundaries of buildings.
c. space between painted exterior walls (inner surfaces) of prescribed unit.
d. all of the above.
Answer: c. space between painted exterior walls (inner surfaces) of prescribed unit.

Includes the outside surfaces of the paint on exterior walls, inside the unit, and to the outside surfaces of glass windows and doors. Anything beyond these would be extending into the common areas, owned in common with all others.
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Question: 71. A power-of-attorney is terminated by:

a. death of principal.
b. expressed revocation of principal.
c. incapacity of principal to contract.
d. any of the above.
Answer: d. any of the above.

Instrument of revocation must be recorded in same office as the power of attorney. For dealing with real property, power of attorney must be acknowledged and recorded in county recorder's office.
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Question: 72. If an appraiser used all three methods in evaluating a residential property, he would combine the results in what way?

a. He would give reasonable weight to each estimate and divide by 3.
b. He would add the three estimates and divide by 3.
c. Both a and b.
d. Neither a nor b.
Answer: d. Neither a nor b.

The appraiser's resultant estimate would be founded on judgment and professional experience rather than on some arithmetical process.
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Question: 73. An FHA appraisal report includes the abbreviation "MPR." This refers to:

a. Maximum Property Requirements.
b. Multiple Property Ratio.
c. Maximum Price Ratio.
d. Minimum Property Requirements.
Answer: d. Minimum Property Requirements.

Minimum Property Requirements
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Question: 74. A family purchased a residence two years ago, financing through a mortgage company with a small down payment. Which of the following would be the most likely reason for refinancing?

a. Small equity
b. Rise in interest rates
c. Decrease in interest rates
d. Increased taxes
Answer: c. Decrease in interest rates

If interest rates had dropped enough to make it more economical to refinance, the reduced monthly payments would compensate for the costs involved in such refinancing.
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Question: 75. Management of a condominium project, under control of and for the benefit of the owners, may acquire, hold, and sell:

a. tangible personal property.
b. tangible and intangible personal property.
c. personal
and real property.
d. none of the above.
Answer: b. tangible and intangible personal property.
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Question: 76. A buyer purchased a home for $85,000, putting $8,000 cash down, taking over a $75,000 first loan, and assuming the liability for paying a $2,000 outstanding sewer bond. This assessment is:

a. part of the purchase price.
b. a personal debt assumed by buyer for improvements on personal property.
c. prepaid to offset future taxes.
d. none of the above.
Answer: a. part of the purchase price.

The previous owners did not pay off the bond but allowed the buyer to assume the obligation and pay $2,000 less in cash.
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Question: 77. For a homestead to be effective, it must be filed (except for an automatic homestead) before the:

a. judgment is rendered.
b. judgment is recorded.
c. lawsuit is filed.
d. lis pendens is recorded.
Answer: a. judgment is rendered.

For the homestead to be effective, the recording must occur before an ultimate judgment is recorded. Notice
the difference between recorded and rendered. Recording occurs after a judgment is rendered.
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Question: 78. The cost of replacement method is least effective in evaluating which of the following properties?

a. A new single family residence.
b. A new school building.
c. An older single family residence.
d. All of the foregoing.
Answer: c. An older single family residence.

Depreciation is difficult to estimate on older properties, with the result that the reproduction cost method might have rather wide variations. It is not necessary to estimate depreciation on new properties.
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Question: 79. A Licensee would have the least chance of receiving a commission in which of the following circumstances?

a. A sale of personal property without written authorization.
b. Failing to reveal the amount of profit under a net listing.
c. An exchange of businesses under verbal authorization.
d. Negotiating a lease of one year or less, not in writing.
Answer: a. A sale of personal property without written authorization.
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Question: 8. The owner of a large apartment complex was considering adding another swimming pool. An appraiser hired to do a study for the owner would use what basic principle of appraising to determine the feasibility of adding the pool?

a. Substitution
b. Competition
c. Contribution
d. Appreciation
Answer: c. Contribution

Would the addition of the pool contribute to the rent schedule?
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Question: 80. Prior to granting a loan, a lender considers the ability of the borrower to repay the loan, the character of the property, and the terms of the requested financing. This is known as a:

a. credit check.
b. loan origination check.
c. loan evaluation.
d. mortgage discounting.
Answer: c. loan evaluation.
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Question: 81. An "installment sale" contract is which of the following?

a. A real property sales contract in which a seller agrees to convey title to real property to the buyer, after the
buyer has met certain conditions specified in the contract.
b. Does not require conveyance of title until after one year.
c. Will allow a seller to "stretch out" his tax liability over a longer period of time, thereby reducing the
effective tax paid on a capital gain realized.
d. All of the above.
Answer: d. All of the above.

All answers describe a real property sales contract.
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Question: 82. A broker has received a $5,000 personal check as deposit on an offer. Since the sellers are not home, broker deposits the buyer's check into his broker trust account. Buyer thereafter rescinds offer and demands return of deposit. Broker should:

a. return the buyer's check.
b. return the buyer's deposit in the form of a check drawn against the broker's trust account.
c. return the deposit.
d. none of the above.
Answer: c. return the deposit.

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Question: 83. Regarding condominium ownership, which answer is most correct? Owner has:

a. an undivided interest in common with others in common areas.
b an equity interest in real property.
c. exclusive ownership of respective unit, which is separate and distinct from that of all other owners.
d. all of the above.
Answer: d. all of the above.
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Question: 84. When lot size increases in depth, the value of:

a. square footage increases.
b. front footage increases.
c. front footage decreases.
d. square footage and front footage, as a unit, decreases.
Answer: b. front footage increases.

When the depth of a lot increases, the front foot value will increase. Also, increasing the depth will increase the square footage, but, usually, the square foot value will be reduced.
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Question: 85. The term on a listing agreement is dated January 7, 2005, through April 5, 2005. This agreement would be for a term of:

a. 3 months.
b. 90 days.
c 91 days.
d. 92 days.
Answer: b. 90 days.

Jan. = 25 days + Feb. = 29 days + Mar. = 31 days + Apr. = 5 days Total number of days = 90 days.
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Question: 86. The value of an investment is as follows:
Total value = V(t) = $300,000
Income attributable to building = $21,600
Reasonable "cap rate" = 9%
What is value of the land?

a. $90,000
b. $80,000
c. $70,000
d. $60,000
Answer: d. $60,000

Value (bldg.) = 1 (bldg.) divided by "cap rate" = $21,600 ÷ 9%
= $21,600 ÷ (.09) = $240,000
Value (land) = Value (total) - Value (bldg.)
= $300,000 - $240,000 = $60,000
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Question: 87. In the real estate business, the buyer is commonly referred to as a(n):

a. attorney-in-fact.
b. fiduciary.
c. client.
d. customer.
Answer: d. customer.

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Question: 88. A buyer purchased a residence for $225,000, with 12% down, and the seller is taking back a note and T.D. for the balance, payable at 12% per annum. Monthly payments were to be $520 principal plus interest. Taxes are $2,700 per year and hazard insurance is $804 per year. What will be the buyer's 1st monthly payment plus monthly amounts for impound account for taxes and insurance?

a. $2,972
b. $2,792
c. $2,279
d. $2,927
Answer: b. $2,792

Sale price: 12% = 225,00 - 27,000 = $198,000
Monthly interest = 198,000 x 12% ÷ 12 = 198,000 x (.01) = $1,980
Monthly principal (per agreement) = 520
Monthly taxes = 2,700 ÷ 12 = 225
Monthly insurance = 804 ÷ 12 = 67
Total Payment (P + I + Tax + Insurance) Monthly = $2,792
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Question: 89. A broker's loan statement is now called a:

a. broker's disclosure statement.
b. mortgage loan disclosure statement.
c. mortgage statement.
d. none of the above.
Answer: b. mortgage loan disclosure statement.
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Question: 9. A tenant is justified in abandoning a lease property if the landlord demonstrates constructive eviction. Which of the following acts would be considered constructive eviction?

a. The property has been shown to another party that has entered into negotiations with the landlord.
b. The landlord has failed to make needed repairs and maintain the property in the agreed
manner.
c. The landlord has altered the building to an extent that is no longer usable for its original purpose.
d. All of the above.
Answer: d. All of the above.

All define constructive eviction.
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Question: 90. Value is the present worth of future benefits, arising out of ownership, to typical users and investors, is one definition of value. To which one of the following appraisal techniques does it relate?

a. Comparison
b. Reproduction cost
c. Income
d Market data
Answer: c. Income

The income approach depends largely upon the anticipation of future performance. Today's dollars are used as a measure of future benefits.
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Question: 91. The secondary money market refers to:

a. participation in California real estate financing by out-of-state lenders.
b. transfers of notes and T.D.s between mortgagees for value.
c. junior loans.
d. transfers of loans and T.D.s between mortgagors for value.
Answer: b. transfers of notes and T.D.s between mortgagees for value.

Transfers between lenders as well as agencies set up for the purpose of buying and selling notes and T.D.s, i.e. "Fannie Mae," etc.
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Question: 92. A brother and sister own a property as joint tenants. The sister marries and then deeds one-half of her interest to her new husband. Which of the following is a true statement?

a. All three are now joint tenants.
b. Brother is joint tenant, sister and husband hold title as community property.
c. Brother holds in severalty, sister and husband hold as community property.
d. The joint tenancy is totally destroyed.
Answer: d. The joint tenancy is totally destroyed.

Sister automatically eliminates her joint tenancy when she deeds to her husband. Brother cannot thereafter (as only one person) hold in joint tenancy. Therefore, he, too, loses joint tenancy.
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Question: 93. An "agreement in a deed" best matches which of the following?

a. Prescription
b. Avulsion
c. Covenant
d. Option
Answer: c. Covenant
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Question: 94. A single owner who resides in a home for two of the last five years is entitled to a capital gains exclusion of:

a. $100,000.
b. $200,000.
c. $250,000.
d. $500,000.
Answer: c. $250,000.
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Question: 95. The lower the loan-to-value ratio, the greater the:

a. interest.
b. down payment.
c. loan amount.
d. term.
Answer: c. loan amount.

If the down payment is smaller, the loan must be larger.
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Question: 96. Provision for the recapture of capital improvements is made in which of the following during an income evaluation approach to appraisal?

a. Cost of replacement new today
b. Cost of replacement new at installation date
c. Depreciation accrual
d. Condition of improvements, as observed
Answer: c. Depreciation accrual

Funds are set aside on an annual basis for any depreciation.
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Question: 97. When interest rates increase but net income remains unchanged, the value of an owner's equity tends to:

a. increase.
b. decrease.
c. remains the same.
d. none of the above.
Answer: b. decrease.

An owner's equity will decrease when net income remains the same while interest rates increase.
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Question: 98. A contract of sale to an investor is conditioned upon the new prospective owner finding tenants for his building in advance. This agreement is:

a. unreal.
b. unenforceable.
c. enforceable.
d. void because it violates the statute of frauds.
Answer: c. enforceable.

Contracts in which performance is made subject to buyer's approval of specific terms or conditions (as in this case, buyer finding satisfactory leases) have been upheld by most recent court decisions as valid and enforceable.
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Question: 99. A corporation listed a property with a broker, and subsequently the entire slate of officers were killed in a plane crash. The listing is:

a. valid.
b. void.
c. voidable.
d. invalid.
Answer: a. valid.

$217,500 ÷ 145% (1.45) = $150,000 original price
Acreage: N½ of the NW¼ of the SE¼ = 20 acres
W½ of the NE¼ = 80 acres
Therefore, price per acre = $150,000 ÷ 100 = $1,500.
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Answer: d. all of the above. These are elements of value. ================================================== Question: Which of the following abbreviations is associated with the FHA? a. NAR b. CPM c. MIP/MMI d. MBA Answer: c. MIP/MMI MIP - Mortgage Insurance Premium/Mutual Mortgage Insurance. ================================================== Question: An investor group recently sold a parcel of land for $217,500, which was 45% more than they paid for it. The land is described as follows: N½ of the NW¼ of the SE¼ of Section 13 plus the W½ of the NE¼ of Section 13. What was the original price they paid per acre for the property? a. $1,500 b. $1,200 c. $1,000 d. $750 Answer: a. $1,500 $217,500 ÷ 145% (1.45) = $150,000 original price Acreage: N½ of the NW¼ of the SE¼ = 20 acres W½ of the NE¼ = 80 acres Therefore, price per acre = $150,000 ÷ 100 = $1,500. ================================================== Question: Which of the following is NOT a lien? a. Encumbrance b. Homestead c. Zoning d. All of the above Answer: d. All of the above A lien is a charge against property, whereby the property is made security for payment of the debt, i.e., attachment. ================================================== Question: A property sells for $121,000. The purchaser gives $10,000 down payment, agrees to place an additional $5,000 down, and ta ke over an existing VA first loan of $100,000, with the remainder to be in the form of a 2nd note and trust deed. For these cond itions, how much would the documentary tax stamps be? a. $1.10 b. $5.50 c. $133.10 d. $23.10 Answer: d. $23.10 Do NOT pay on old existing loan being taken over. Therefore, ($121,000 - 100,000) ÷ 1,000 x ($1.10) = 21.0 x $1.10 = $23.10. ================================================== Question: If an appraiser were called upon to evaluate a public building, which had unique and distinctive architecture, he would employ which of the following methods of valuation? a. Replacement (cost approach) b. Comparison c. Capitalization d. None of the above Answer: a. Replacement (cost approach) Since there is no income for capitalization and no means for comparing sales, replacement cost is the only approach available. ================================================== Question: The members of the National Association of Real Estate Brokers are called: a. Realtors®. b. Consolidated Brokers. c. Realtists. d. None of the above. Answer: c. Realtists. ================================================== Question: If the taxes on a newly acquired property will amount to 1.25% of the purchase price, what will the first installment (6 months) bill for a home costing $125,500 be? a. $765.35 b. $742.51 c. $784.38 d. $795.97 Answer: c. $784.38 $125,500 x (.0125) ÷ 2 = $784.38. ================================================== Question: The best source for establishing the age of a home would be the: a. county tax assessor. b. building and safety department. c. county recorder's office. d. either a or b. Answer: a. county tax assessor. The county tax assessor is the best source for establishing the age of a home. ================================================== Question: "Gross multiplier" is used to determine value of certain types of income properties. It is determined by: a. dividing the gross rental income by the appraised value. b. multiplying the market price by the capitalization rate. c. dividing the sales price by the gross monthly rental. d. multiplying the gross monthly rental by a reasonable cap rate. Answer: c. dividing the sales price by the gross monthly rental. Gross Rent Multiplier is a rough, quick way of converting gross rent into market value. ================================================== Question: Which of the following could be used with a purchaser without the immediate involvement of a title change? a. Grant deed b. Land contract c. Quit claim deed d. Warranty deed Answer: b. Land contract The land contract does not pass title until some later time, whereby the buyer (vendee) has performed certain requirements (i.e., accumulate a minimum amount of equity for down payment); title in the meantime remains with the seller (vendor). ================================================== Question: It is preferable to use the replacement cost method of appraisal on new buildings, as opposed to old buildings, because: a. it is easier to estimate depreciation. b. values of land change. c. it is difficult to estimate historical values. d. local codes are changed from time to time. Answer: a. it is easier to estimate depreciation. As the age of the improvements on a property increases, it becomes more difficult to forecast the allowable depreciation. ================================================== Question: The following are essential to the creation of an "agency" relationship, except: a. parties are competent. b. agreement to pay consideration. c. agreement between principal and agent. d. fiduciary relationship. Answer: b. agreement to pay consideration. "Gratuitous agent" would not necessitate consideration. ================================================== Question: SHE owns a single-family residence in which SHE lives. SHE trades HE for another residence which HE is renting to a tenant. Both parties intend to use their newly acquired properties for rental income. Which of the following is true? a. SHE can negotiate a tax-free (deferred) exchange. b. HE can negotiate a tax free (deferred) exchange. c. Both parties can negotiate tax-free exchanges. d. Neither can negotiate a tax-free exchange. Answer: b. HE can negotiate a tax free (deferred) exchange. HE is exchanging income property for the same—like-for-like; SHE is not. ================================================== Question: Examination of the records indicate there are conflicts between the local zoning restrictions and private restrictions contained within the deed that conveyed the property. Which of the following statements is true? a. The deed restrictions would prevail. b. The zoning restrictions would prevail. c. Since they are in conflict, the earlier restriction would prevail. d. The more restrictive of the two (deed vs. zoning) requirements would prevail. Answer: d. The more restrictive of the two (deed vs. zoning) requirements would prevail. The more restrictive of conflicting zoning restrictions would prevail. ================================================== Question: Three general partners borrowed money and agreed to be liable for the repayment, either individually or collectively. They signed the security instrument: a. jointly. b. singularly. c. jointly and collectively. d. jointly and severally. Answer: d. jointly and severally. They are jointly (collectively) and severally (individually) responsible. ================================================== Question: When all expenses, including taxes and insurance, are paid by the lessee along with a new amount of "rent" as agreed upon to the landlord, this is referred to as a: a. gross lease. b. net lease. c. percentage lease. d. sandwich lease. Answer: b. net lease. Net lease. Lessor receives a net amount for lease payment, lessee pays for expenses; property taxes, fire insurance, and operating expenses. ================================================== Question: A lending institution hires an appraiser to evaluate a property for loan purposes. Select one of the following factors which would have the greatest influence on her appraisal. a. The type of neighborhood surrounding the property b. The size of the loan c. The credit rating of the loan applicant d. None of the foregoing Answer: a. The type of neighborhood surrounding the property The appraiser would have a basic interest in the kind of neighborhood and its resulting effect on market value. The other items in the question would be a matter of concern only to the lender. ================================================== Question: On FHA and VA loans, the lender is allowed to charge the borrower a fee (percentage of the loan) as an initial service fee. This is generally referred to as a(n): a. subordination fee. b. accommodation fee. c. acceleration fee. d. origination fee. Answer: d. origination fee. ================================================== Question: In which of the following would you use a "package mortgage"? a. When covering more than one parcel of land in a subdivision. b. When encumbering real property and using personal property as additional collateral. c. When securing additional financing from the lender at a later date without rewriting the original loan. d. None of the above. Answer: b. When encumbering real property and using personal property as additional collateral. A loan that is secured by the basic lot and improvement, plus fixtures attached to the home (appliances, carpeting, drapes, air conditioning, and other kinds of personal property). ================================================== Question: The primary purpose of the Federal National Mortgage Association (FNMA) is to: a. provide large sums of money for the building industry. b. finance the construction of low cost residential housing. c. lend money in the residential marketplace lower than normal interest rates for lower income families. d. Expand available home loan funds by buying and selling VA, FHA, and conventional loans in the secondary money market. Answer: d. Expand available home loan funds by buying and selling VA, FHA, and conventional loans in the secondary money market. ================================================== Question: For a straight-line schedule of depreciation: a. earlier years receive more weight. b. later years receive more weight. c. each year receives equal weight. d. none of the above. Answer: c. each year receives equal weight. For straight-line, the value is divided by the number of years over which depreciation is run—the same amount for each year. For "accelerated" methods, allow greater amounts of depreciation for the earlier years, and less for the later years ================================================== Question: A lender with vast funds for investment, who prefers larger loans without collection responsibilities, would most likely be a(n): a. commercial bank. b. insurance company. c. private lender. d. savings bank. Answer: b. insurance company. ================================================== Question: One particular appraisal method would be more detailed and accurate than others. Which would it be? a. Unit of cubic foot method b. Unit of square foot method c. Unit cost in place d. Quantity survey Answer: d. Quantity survey The quantity survey is used by contractors in calculating the cost of construction of improvements. It is rarely used by appraisers because costly details are not necessary for most of their evaluations. ================================================== Question: To "rescind" is the same as to: a. revise. b. transfer. c. resale. d. revoke. Answer: d. revoke. To revoke, or take away a license. (The Real Estate Commissioner has this power.) ================================================== Question: The legal purpose of police power is to: a. keep all types of commercial property out of residential neighborhoods. b. keep the land in every area as similar as possible. c. preserve or protect public health, safety, morals, or general welfare. d. none of the above. Answer: c. preserve or protect public health, safety, morals, or general welfare. ================================================== Question: On which of the following dates do California real property taxes become a lien on the subject property? a. December 10 b. April 10 c. July 1 d. January 1 Answer: d. January 1 On January 1 of the preceding the tax year, the lien is placed on the property. December and April dates above are dates taxes become delinquent for their respective periods, and July 1 is the beginning of the tax year. ================================================== Question: In the development of a subdivision of single-family homes, which of the following would be the least economical? a. Cul-de-sacs b. Long blocks c. Right angle (90%) intersections into major streets d. Short blocks Answer: d. Short blocks With more streets, there's more cost and less land for homes. ================================================== Question: Capitalization is a process by which an appraiser: a. converts income into value. b. determines depreciation. c. establishes cost. d. finds gross income. Answer: a. converts income into value. When he ascertains the true net income for investment, an appraiser uses the "capitalization approach" to estimate value. ================================================== Question: Net income is determined by an appraiser using which one of the following? a. Real property taxes b. Capital additions c. Depreciation reserves d. Mortgage amortization and interest Answer: a. Real property taxes Real property taxes are considered as a fixed expense. Appraisers use them as deductions in computing net income. The other items are not in this category. ================================================== Question: Three of the following are closely related. Which one is NOT? a. Judgment b. Claim c. Real estate taxes d. Easement Answer: b. Claim Claim is associated with insurance, whereby the others are types of encumbrances. ================================================== Question: Financial enhancement, as compared to comfort and safety when purchasing a home, is generally considered: a. absolute. b. primary. c. secondary. d. none of the above. Answer: c. secondary. ================================================== Question: A true disadvantage of owning real property would be the lack of liquidity. Of the following, which would provide the greatest amount of liquidity to such an investment? a. Amortization b. Leaseback c. Leverage d. Syndication Answer: d. Syndication A syndication participant would be able to convert property interests into cash, without having to sell the property. ================================================== Question: For a "blanket encumbrance," the typical release clause requires the debtor to pay more to the lender than each released property is worth because: a. better lots are sold first. b. compensates for unsold lots. c. lender desires to increase security on overall loan. d. all of the above. Answer: d. all of the above. ================================================== Question: A fire station building and a small appliance sales and repair store were recently leased on long-term leases at the same lease payment. Between the two, the fire station building would probably have a stable capitalization rate, which would be: a. higher. b. lower. c. same as. d. varying; sometimes higher, sometimes lower than the other property. Answer: b. lower. Since the lessee of the fire station building would be the government, classified as a more stable tenant, the owner would probably be willing to accept a lower return on investment. ================================================== Question: In determining the value of a property, an appraiser would use the: a. cost approach. b. market approach. c. income approach. d. any or all of the above. Answer: d. any or all of the above. Appraisers use all three approaches to determine value. ================================================== Question: "Domicile" most frequently means: a. semi-circled ceiling. b. relationship of parties. c. home or residence. d. none of above. Answer: c. home or residence. ================================================== Question: An investor who owned a 16-unit apartment complex has evaluated a newly installed freeway near his property, which has caused a decrease in monthly rent in the amount of $320. When an 11% "cap rate" for the area is applied, what is the resulting loss in value he has experienced due to the freeway? a. $45,000 b. $40,908 c. $34,909 d. $32,468 Answer: c. $34,909 ================================================== Question: Which of the following represents an essential part of a valid grant deed? a. Acknowledgment and recordation b. Offer and acceptance c. Parties capable of contracting d. Parties properly described Answer: d. Parties properly described The five essential elements of a valid deed are: (1) In writing; (2) Parties properly described; (3) Adequate property description; (4) Operative words (granting); (5) Signed by Grantor. ================================================== Question: In contracting, if one of the parties enters the agreement under duress, the contract would be: a. valid. b. voidable. c. void. d. Illegal. Answer: b. voidable. Until proved either valid or void, it is voidable. ================================================== Question: Under a real property sales contract, Buyer "A" makes a $2,000 down payment to Seller "B" on a property he had been renting. The agreement is filed with the county recorder. Subsequently, "A" moves to Florida, without making any further payments, and with no notice of his intentions being made to "B." Which of the following would be true? a. Seller could resell the property and obtain a deficiency judgment against "A." b. New buyer should not be concerned about the previous sales to "A." c. "A's" activity has no effect upon the marketability of the property. d. There would be a cloud on the title to the property. Answer: d. There would be a cloud on the title to the property. Seller "B" would need a quitclaim deed from "A," or would need to seek a "quiet title action" in court to clear the cloud on his title so he could sell the property to another. ================================================== Question: Appraisal fees: a. may vary. b. are always a fixed amount. c. are based on a percentage of the appraised value. d. are set by the loan broker. Answer: a. may vary. An appraiser's fee is set by the difficulty of the work and by the level of expertise required to complete the work. Percentage fees are illegal. ================================================== Question: An unlawful detainer action may be filed by a landlord in all but one of the following. Which is it? a. Tenant holds over after termination of lease. b. Tenant fails to pay rent. c. Tenant exercises lease option agreement, but fails to make payment as required. d. Tenant breaches lease by permitting nuisance on the property. Answer: c. Tenant exercises lease option agreement, but fails to make payment as required. By process of elimination, this is the exception. The others are three of five lawful situations for exercising this action, the others being: (4) failure to perform any lease covenant, and (5) failure to give up possession when he had previously given written notice of intention to do so. ================================================== Question: All the following statements are incorrect, except: a. a real property security can be created from a note on a home not located in any subdivision. b. real property securities are always secured by installment sales contracts. c. real property securities and real property sales contracts are interchangeable terms. d. out-of-state subdivisions offered in California for sale need not comply with Article 6 of the California Real Estate Law. Answer: a. a real property security can be created from a note on a home not located in any subdivision. All that is necessary would be the "guarantee" against loss, or a specific minimum yield, made by the selling broker. ================================================== Question: Which of the following properties could be purchased using FHA financing, but NOT VA financing? The purchase of: a. a business. b. a farm. c. farm equipment. d. income property/property to be rented to a tenant. Answer: d. income property/property to be rented to a tenant. VA requires the veteran purchaser must "move into" the property being purchased as personal residence. The purchase of "units" (4 maximum) is allowed, if the veteran will be residing in one of the units. ================================================== Question: An owner acquires title to additional land on his river-front property when the river shifts its course. This is acquiring by: a. acclamation. b. accession. c. abstraction. d. alienation. Answer: b. accession. Accession - addition to property through efforts of man or by natural forces. Accretion - Accession to property through natural forces, for example, alluvium. Alluvium - Gradual increase of the earth on ocean front or bank of stream resulting from action of water. ================================================== Question: Past expenditures for residential improvements are called: a. costs. b. investments. c. price. d. value. Answer: a. costs. They have nothing to do with establishing value. ================================================== Question: The term "highest and best use," as the fundamental concept of value, is best defined as: a. that which produces the greatest net return on the investment over a given period of time. b. that which produces the highest gross income. c. that which complies with all laws and restrictions. d. that which makes the highest general contribution to the community. Answer: a. that which produces the greatest net return on the investment over a given period of time. Appraisers always consider the highest net income as the basis for the highest value. ================================================== Question: A home sold for $150,000 on which the seller was to pay a 6% brokerage fee. Additional costs were: 2% prepayment penalty on existing loan balance of $102,800, escrow fees of $210, new loan discount fee of $534. The seller's cost of sale will be what percent of gross equity? a. 20.5% b. 25% c. 23.4% d. 228% Answer: b. 25% Commission = $150,000 x 6% = 50,000 x .06 = $9,000 Escrow Fees = 210 New Loan Discount Fee = 534 Prepayment Penalty = 2% x $102,800 = 2,056 Total Seller Costs = $11,800 Equity = Sale Price minus 1st loan = $150,000 - $102,800 = $47,200 Costs as "%" of Equity = $11,800 ÷ 47,200 x (100) = 25% ================================================== Question: To whom is the Mortgage Insurance Premium (MIP) on a VA loan paid? a. The broker b. The mortgage company c. The Veterans Administration d. To no one Answer: d. To no one FHA has the requirement for such a premium, not the VA. ================================================== Question: Which of the following would NOT be considered a "fiduciary" relationship? a. Agent to seller b. Attorney-in-fact to principal c. Attorney to client d. Trustor to beneficiary Answer: d. Trustor to beneficiary Fiduciary relationship involves "trust and confidence." This is NOT required between trustor (borrower) and beneficiary (lender). ================================================== Question: Under which of the following types of financing is a buyer required to purchase term life insurance? a. Cal-Vet b. Conventional c. FHA d. VA Answer: a. Cal-Vet The State of California is the beneficiary. ================================================== Question: If land was selling for $10,000 per acre, what would the following parcel sell for? The SE¼ of the SE¼ of the SE¼ of Sec. 4 a nd the S½ of the SW¼ of the SW¼ of Sec. 3 and the N½ of the NE ¼ of the NE¼ of the NE¼ of Sec. 9 and the N½ of the N½ of the NW¼ of the NW¼ of Sec. 10. a. $400,000 b. $425,000 c. $450,000 d. $500,000 Answer: c. $450,000 Sec. 4: SE¼ of SE¼ of SE¼ = 1/4 x 1/4 x 1/4 x 640 acres = 10 Sec. 3: S½ of SW¼ of SW¼ = 1/2 x 1/4 x 1/4 x 640 acres = 20 Sec. 9: N½ of NE¼ of NE¼ of NE¼ = 1/2 x 1/4 x 1/4 x 1/4 x 640 acres = 5 Sec. 10: N½ of N½ of NW¼ of NW¼ = 1/2 x 1/2 x 1/4 x 1/4 x 640 acres = 10 Total Acreage = 45 acres Price (total) = $10,000 x 45 acres = $450,000 ================================================== Question: The cost of an improved parcel of real property would probably be equal to its value in which of the following instances? a. Highest and best use of the parcel. b. The parcel as a new piece of property. c. When a and b are both present. d. None of the foregoing. Answer: c. When a and b are both present. A new piece of property would offer the best possibility of equality for cost and value. Determination of the highest and best use of a parcel would probably justify the cost of additional improvements, with the expectation of creating a profit. ================================================== Question: An "agreement in a deed" would best match up with: a. option. b. prescription. c. covenant. d. subrogation. Answer: c. covenant. ================================================== Question: Which of the following would constitute a proper delivery of a deed? a. Escrow mailing the deed to the Grantee after signed by seller, and after all other requirements of the escrow had been met, but also after the seller had died. b. After signing, seller gave to broker with instructions to give it to buyer. c. Escrow delivers deed to buyer without completed (signed) instructions. d. After signing the deed, Grantee personally delivers to Grantor. Answer: a. Escrow mailing the deed to the Grantee after signed by seller, and after all other requirements of the escrow had been met, but also after the seller had died. Death does not automatically terminate contract. If it can be proved that the seller intended to deliver to the buyer upon completion of requirements of escrow, it would be a valid delivery. ================================================== Question: For an appraisal being conducted on a residence built in 1910, which of the following would an appraiser use? a. Original cost of construction b. Original cost of materials multiplied by the change in the cost of living index since 1910 c. Today's cost of reproduction less depreciation d. None of the above Answer: c. Today's cost of reproduction less depreciation This is the replacement cost method (cost approach). ================================================== Question: In residential real estate lending, when lenders "soften" their requirements to allow less than qualified buyers to "qualify, ": a. overall financing costs tend to remain the same. b. overall financing costs tend to decrease. c. overall financing costs tend to increase. d. overall financing costs are not affected. Answer: c. overall financing costs tend to increase. When borrowers with lower incomes and weaker credit ratings are allowed to borrow, the lender must cover the increased "risk." Thus, the overall increase in costs of borrowing. ================================================== Question: The best hedge against inflation would be: a. equity assets. b. government bonds. c. mortgages/loans. d. savings accounts. Answer: a. equity assets. A fine example of an "equity asset" is a single-family residence, which during an inflationary market condition, has a value that tends to follow the inflationary trends. ================================================== Question: All of the following are methods for estimating accrued depreciation, except the: a. engineering method. b. market analysis method. c. economic method. d. cost of reproduction method. Answer: c. economic method. There are five recognized methods for measuring past, or accrued, depreciation: 1. The breakdown method 2. The engineering method 3. The straight-line method 4. The market method 5. The capitalized income method The economic method is not included in this category. ================================================== Question: A homestead offers NO protection against which of the following filed prior to the filing of the homestead? a. Real property taxes b. Mechanic's liens c. Prior recorded liens d. All of the above Answer: d. All of the above ================================================== Question: An owner has been found guilty of discrimination under the Health and Safety Code. What action can the aggrieved party take? a. May purchase the property in question, if still available b. May purchase another like property, if the original property is not available c. May be awarded $500 in damages if neither a nor b available d. All of the above Answer: d. All of the above ================================================== Question: In appraising a residential property, the appraiser must consider the forces currently influencing the neighborhood. Boundaries of such a neighborhood are best established by: a. geographical situation. b. social composition. c. street pattern. d. traffic flow. Answer: b. social composition. Theory: most people with mutual interest and desires usually group together in a given area (forming a neighborhood), creating market influences. ================================================== Question: All of the following instruments are used to convey an interest in real property, except: a. agreement of sale. b. bill of sale. c. deed. d. lease. Answer: b. bill of sale. A bill of sale is used to convey title to personal property, NOT real property. ================================================== Question: The recording of which of the following creates a lien? a. Attachment b. Easement c. Notice of nonresponsibility d. Restriction Answer: a. Attachment Attachment is an "involuntary lien." ================================================== Question: All of the following are methods for appraising unimproved real property, except the: a. development method. b. abstractive method. c. market data method. d. reproduction method. Answer: d. reproduction method. There is NO structure to reproduce on unimproved property. Therefore, the reproduction method is not applicable. ================================================== Question: Real estate brokers and salespeople are authorized to engage in listing and selling certain manufactured homes which have been registered with the Department of Housing and Community Development for a minimum of: a. 18 months. b. 6 months. c. 1 year. d. 2 years. Answer: c. 1 year. No minimum time limit if manufactured home has been converted into real property. ================================================== Question: An apartment owner desires to carpet his units. The area to be covered is 60% of the total 15,000 sq. ft. living space in the building. If the total cost of the carpet (including installation) is $14 per sq. yd., what will be the owner's total expenditure? a. $12,000 b. $14,000 c. $16,000 d. $18,000 Answer: b. $14,000 Area to be carpeted (yds) = 15,000 x 60% ÷ 9 sq. ft/sq yd = 15,000 x (.60) ÷ 9 = 1,000 Total cost = area x $14 = 1,000 sq. yds x 14 = $14,000. ================================================== Question: Involving the sale of a property, which of the following would be exempt from the "discrimination and unlawful acts" of the Health and Safety Code? a. Duplex financed by VA loan. b. Single family, owner-occupied residence financed by FHA. c. Single family, owner-occupied residence unencumbered. d. Twenty unit apartment financed by a conventional loan. Answer: d. Twenty unit apartment financed by a conventional loan. Law applies to: (1) owner-occupied, publicly assisted (gov't. financing program) single family dwellings; (2) Publicly assisted apartment units (3 or more); (3) Privately financed apartments (5 or more); and (4) Public housing projects. ================================================== Question: Which of the following is NOT related to a "will"? a. Bequeath b. Bequest c. Devise d. None of the above Answer: d. None of the above Bequeath - to give, hand down, leave by will; Bequest - that which is given by terms of will; Devise - gift by will. ================================================== Question: An appraiser, engaged to appraise a single-family residence, took away an amount of value because of "functional obsolescence." To which of the following was he referring? a. Dry rot b. Poor neighborhood c. Single car garage d. Zoning Answer: c. Single car garage In today's world, this feature would be considered "outdated," or in other words, functionally obsolete. ================================================== Question: There are three methods normally used in the evaluation of real property. However, one of these might prove more effective and accurate than the others, depending on the type of property being appraised. For example, the comparison approach would be the most desirable choice in the appraisal of: a. so-called amenity properties. b. service properties. c. industrial properties. d. apartment properties. Answer: a. so-called amenity properties. Because of the appeal of amenities and of the effect of emotional factors related to single-family residences, the best basis for the analysis of current market value is by means of comparison. ================================================== Question: Occasionally a property owner will realize a taxable gain when his property is destroyed or taken through condemnation. This is known as: a. trading up. b. depreciation. c. owner's amenities. d. involuntary conversion. Answer: d. involuntary conversion. The conversion of real property to personal property (money). ================================================== Question: A member of the Institute of Real Estate Management would carry the designation: a. NAREM. b. MAI. c. CPM. d. PMA. Answer: c. CPM. CPM - Certified Property Manager. The others are: NAREM - National Association of Real Estate Managers; MAI - Member of Appraisal Institute; and PMA - Property Manager's Association. ================================================== Question: A corporation "seal" evidences the: a. authority of persons using the "seal." b. rights and privileges of recipient of document with "seal." c. proof of office of the presidency. d. none of above. Answer: a. authority of persons using the "seal." ================================================== Question: According to R.E.S.P.A., on applicable loans, a lender is required to furnish a copy of a Special Information Booklet (prescribed by Housing and Urban Development) together with a "Good Faith Estimate" of closing costs to every person from whom it receives (or for whom it prepares) a written application for a federally related loan, within: a. 3 business days. b. 12 business days. c. 15 business days. d. 21 business days. Answer: a. 3 business days. By delivery, or placing it in the mail within 3 days. ================================================== Question: Seller has paid the 1st half of the annual tax bill of $1,200. Buyer agrees to assume existing fire insurance policy, originally dated Oct. 1, 1986, with a three year premium of $900. Escrow to close on Mar. 1, 1988. What would be the net buyer proration for closing? a. $200 credit b. $275 debit c. $675 credit d. $475 debit Answer: b. $275 debit Taxes: $1,200 ÷ 12 = $100 per month. Seller owes buyer for 2 months = $100 x (2) = $200 credit buyer Insurance: $900 ÷ 36 = $25 per month. Buyer owes seller for 19 months unused premiums = $25 x (19) = $475 debit buyer Net = debit buyer ($475 - 200) = $275 debit buyer ================================================== Question: Two buildings, comparable in all respects, are leased to two different tenants, one the owner of a retail store, the other an agency of the federal government. How would the capitalization rates compare between the two buildings? a. The capitalization rate on the federal building would be higher. b. The capitalization rate on the federal building would be lower. c. The capitalization rate would be the same for each. d. The capitalization rate would be lower on the retail store. Answer: b. The capitalization rate on the federal building would be lower. A lease to a federal agency offers greater security to a lessor than does a lease on a retail store. This probably means that the lessor would accept a lower rental and lower income on the federal agency building. In turn, this indicates that the capitalization rate for the federal building would be lower and that it would be higher for the retail store. Since both buildings have equal size and value, these conclusions could be verified by the following computations: Assume the cost of both buildings at $200,000: the annual rental from the retail store at $12,000: from the federal building at $10,000: then: $12,000 ÷ $200,000 = .06, or 6% cap rate for the retail store. $10,000 ÷ $200,000 = .05, or 5% cap rate for the federal building. ================================================== Question: Which of the following statements will INCORRECTLY complete this phrase? A subdivider who is not a licensee of the DRE: a. may not sell or offer for sale any lots in a subdivision prior to issuance of the Commissioner's Public Report. b. may sell all lots in a subdivision himself. c. may make any improvements on the land prior to receiving the public report. d. may employ licensed real estate salespeople to sell lots in a subdivision. Answer: d. may employ licensed real estate salespeople to sell lots in a subdivision. Only a broker can hire or employ salespeople to sell real estate. The subdivider would have to employ a broker , who in turn would hire salespeople. ================================================== Question: An apartment house offered single garages. When a new unit was built nearby, offering double garages, the tenants all moved into the newer units. This is an example of: a. physical deterioration. b. economic obsolescence. c. social obsolescence. d. functional obsolescence. Answer: d. functional obsolescence. Refers to "outdated" condition. ================================================== Question: "Moral philosophy" best matches: a. ethnics. b. ethics. c. dedication. d. subordination. Answer: b. ethics. ================================================== Question: Which of the following would NOT be eligible for filing a mechanic's lien? a. Architect b. Handyman, if more than 75 days has elapsed since recording of notice of completion c. Subcontractor, if a notice of completion has been recorded within the past 29 days d. None of the above Answer: b. Handyman, if more than 75 days has elapsed since recording of notice of completion Following recordation of a notice of completion, a general contractor has 60 days to file; a subcontractor has 30 days . "b" has exceeded allowed time and therefore is ineligible to file. "c" must hurry, for he has only one day left. ================================================== Question: Which of the following lenders would NOT be approved (respectively) by VA or FHA? a. Federal bank b. Institutional lender c. Insurance company d. Private lender Answer: d. Private lender VA and FHA do NOT guarantee or insure loans made by private lenders. ================================================== Question: When real property is leased to various tenants, appraisers find it helpful to use a gross multiplier, which is founded upon: a. gross income as a function of capitalized value. b. rental value versus the selling price of the property. c. gross income versus estimated gross income. d. gross income as related to future net income. Answer: b. rental value versus the selling price of the property. Use of the gross multiplier implies a definite relationship between gross income and market value. ================================================== Question: A property offered for sale for $88,000 has been appraised for a new FHA loan at an appraised value of $87,500. How large a loan can be obtained if the FHA down payment is 3% of the first $25,000 of the appraised value plus 5% of the remainder of $25,000 ? a. $84,100 b. $83,625 c. $84,338 d. $84,125 Answer: b. $83,625 Loan calculation must use the APPRAISED value Appraised Value = $87,500 Down Payment Requirements: 3% x $25,000 = $750 5% x 62,500 = 3,125 Total Down Payment = $3,875 Sale Price - Down Payment = Loan = $87,500 - 3,875= $83,625 ================================================== Question: A personal, revocable, and unassignable permission of authority to do one or more acts on the land of another, without possessing any interest therein, is the definition of: a. license. b. easement. c. encroachment. d. option. Answer: a. license. Easement includes an "interest"; license just gives permission. ================================================== Question: The first and last months' rent payments were collected by the lessor, leasing a single family residence. The prepaid rents received would be reported on income tax: a. in year received totally. b. split between year received and year in which last month would occur. c. all in year which last month occurs. d. would not need to be reported because they were prepaid. Answer: a. in year received totally. Easement includes an "interest"; license just gives permission. ================================================== Question: Which of the following is NOT necessary in the formation of a contract? a. Acceptance b. Consideration c. Offer d. Performance Answer: d. would not need to be reported because they were prepaid. Performance comes after the contract is formed. ================================================== Question: The ratio of "physical deterioration" of a single-family residence, compared to its original replacement cost, would be greater in the initial 10 years for which of the following? a. Lower quality home b. Fair quality home c. Good quality home d. Excellent quality home Answer: a. Lower quality home Home built with poor quality materials and labor (workmanship) should require more maintenance and will deteriorate more rapidly. ================================================== Question: The highest annual operating expense of an apartment normally would be assigned to: a. utilities. b. general maintenance. c. management fees. d. property taxes. Answer: d. property taxes. Property taxes in recent years have shown steady increases, and are becoming a greater factor in overall operating expenses. ================================================== Question: Which of the following groups represent ALL specific liens? a. Lien for descendants' debts, vendor's lien b. Mechanics' liens, tax liens, assessment liens c. Federal income tax liens, attachments, state inheritance tax liens d. Corporate franchise tax liens, federal estate tax liens, judgment liens Answer: b. Mechanics' liens, tax liens, assessment liens All liens in this group are against one property. ================================================== Question: Regarding a "Blanket Trust Deed," which of the following statements is correct? a. It covers more than just one property. b. It usually contains a "release clause" providing for release of a particular parcel upon the repayment of a specified portion of the loan. c. It is typically used with a tract of homes built on speculation. d. All of the above. Answer: d. All of the above. All the statements describe a blanket encumbrance, or trust deed. ================================================== Question: The wording... "all monies paid on the property are to be held in trust until a release is obtained from the blanket encumbrance..." is required to protect the: a. holder of blanket encumbrance. b. broker. c. subdivider. d. purchaser. Answer: d. purchaser. This provision will assure the buyers that their money is safe, until such time the developer can get a release on the parcel of land involved with their purchase. Otherwise, without such "partial" release, no transfer of title could occur on various purchases until the encumbrance on the entire parcel developed was paid in full. ================================================== Question: Which of the following would NOT be included in an "eminent domain" situation? a. Condemnation proceedings b. Fair consideration c. For public good d. Zoning regulations Answer: d. Zoning regulations This provision will assure the buyers that their money is safe, until such time the developer can get a release on the parcel of land involved with their purchase. Otherwise, without such "partial" release, no transfer of title could occur on various purchase s until the encumbrance on the entire parcel developed was paid in full. ================================================== Question: A developer of a subdivision included a clause in each purchase agreement prohibiting signs offering individual properties for sale, until he had sold all the subdivision. Until developer completes sales of all parcels, which of the following is true? a. Buyers may put up any size sign to attract prospective buyers for resale. b. Buyers may put up reasonable size signs to attract prospective buyers for resale, for the original clause prohibiting signs would be unfair restraint and in violation of fair trade laws. c. Buyers cannot put up any signs, as it would be against the law. d. None of the above. Answer: b. Buyers may put up reasonable size signs to attract prospective buyers for resale, for the original clause prohibiting signs would be unfair restraint and in violation of fair trade laws. ================================================== Question: When computing the net income of an office building, an appraiser would consider, as a management expense, which of the following? a. Salary paid to a manager b. The owner acting as his own manager c. A tenant performing as manager in lieu of rental d. All of the foregoing Answer: d. All of the foregoing Calculation of net income for properties requires an assessment of management fees, regardless of the manner in which the service is performed. ================================================== Question: Which of the following would complete this (true) statement? Property is: a. real if movable. b. personal if a fixture. c. personal if not real. d. real if tangible. Answer: c. personal if not real. ================================================== Question: A person holding a judgment against a real estate broker seeking relief from the Recovery Fund could obtain a maximum of: a. $10,000. b. $15,000. c. $50,000. d. $250,000. Answer: c. $50,000. $50,000 per claimant, not to exceed that figure for all claimants in a single transaction. The $250,000 is the maximum for multiple transactions per one licensee. ================================================== Question: Abe owned two parcels of land, "A" and "B." Abe sold lot "A" to Bob who, before escrow closed, had the escrow officer change the deed to read lot "B." Escrow closed and documents were recorded. Bob then sold lot "B" to Chuck, who recorded his deed. Subsequently, Abe sold "B" to Daren, who recorded his deed. Who is the owner of lot "B"? a. Abe b. Bob c. Chuck d. Daren Answer: d. Daren Alteration (unilaterally) of the deed in escrow voided that deed. Therefore, no transfer to Bob of lot "B," and subsequently, none to Chuck, for Bob did not have title to that lot. Abe's transfer to Daren was valid. Title insurance involvement in these transactions would have saved a lot of trouble and headaches. ================================================== Question: The Uniform Commercial Code revised, combined, and replaced many statutes and laws, including: a. Uniform Conditional Sales Act. b. Uniform Negotiable Instruments Law. c. neither of the above. d. both a and b. Answer: d. both a and b. California Code passed in 1965. ================================================== Question: If not specified in escrow, what is the number of days normally allowed to close an escrow? a. 30 days b. 45 days c. 60 days d. A reasonable time Answer: d. A reasonable time There is NO standard time. Make certain that there is sufficient time allowed to accomplish the work to be done. ================================================== Question: As part of his determination of value by means of the cost approach, an appraiser would employ the market data approach to determine the: a. value of the land. b. value of the improvements on the land. c. integration of property values. d. comparable values of adjoining properties. Answer: a. value of the land. The market data approach is used by an appraiser to compare the selling prices of similar land sites in the area. When values, so found, are added to the costs of improvements, this procedure is called the cost approach, and the result is a total value estimate of both land and improvements. ================================================== Question: Broker A accepted a deposit from Buyer B with an offer on a property, and promptly deposited the Buyer's check into his Trust Account. Seller rejected the offer and Buyer demanded the deposit back—immediately. Broker wrote check to Buyer from Trust Account, but later learned that Buyer's original check had not cleared due to insufficient funds. Which of the following statements is correct? a. Broker violated Real Estate Law by refunding Buyer's deposit before receiving notice it had cleared. b. Broker has shortages in his Trust Account. c. Broker should have given Buyer a postdated check. d. All of the above. Answer: b. Broker has shortages in his Trust Account. This was poor judgment on the part of the broker ================================================== Question: One month interest payment on a straight note amounts to $180. At 9% per annum interest rate, what is the face amount of the note? a. $26,000 b. $20,000 c. $24,000 d. $27,000 Answer: c. $24,000 Annual Interest = $180 x 12 = $2,160. Interest amount divided by Rate = Principal Amount = $2,160 ÷ 9% = $24,000. ================================================== Question: The appraiser's primary measure of the efficiency of an office building plan is: a. elevator capacity. b. corridor widths. c. parking. d. ratio of net rentable area to gross area. Answer: d. ratio of net rentable area to gross area. ================================================== Question: If the "demand" for homes goes up and the "supply": a. diminishes, the values will decrease. b. remains the same, the values go down. c. remains the same, the values will increase. d. goes up, the values will go up. Answer: c. remains the same, the values will increase. Law of supply and demand: If there is high demand and low supply, then values will rise. ================================================== Question: Seller "ABLE" recently sold a property for $141,450, which was 15% more than he paid for it. He held the property for two years, during which time his interest expenses were 10% of his purchase price (5% per year). Taxes were $80 per $1,000 of assessed valuation, and the property was assessed at 25% of the original purchase price. Seller's ownership resulted in a net: a. $11,070 loss. b. $3,690 gain. c. $1,230 gain. d. none of the above. Answer: c. $1,230 gain. $141,450 ÷ 115% (1.15) = $123,000 Assessed Value = 25% x Purchase Price = (.25) x $123,000 = $30,750 Taxes = $80 x $30,750 ÷ 1000 = $80 x 30.75 = $2,460 x 2 yrs = $4,920 Interest Expense = 10% (.10) x $123,000 = $12,300 Gross Expenses = $4,920 + $12,300 = $17,220 Sale Price - Purchase Price = $141,450 - 123,000 = $18,450 Net Profit = $18,450 - 17,220 = $1,230 Gain ================================================== Question: A $2,000 down payment was made on a property, which was purchased for $20,000. The gross return on the purchase price was 9%. The only expense in the transaction was a 7% interest charge. The percentage return on this investment would be: a. 11% b. 13% c. 27% d. 8% Answer: c. 27% $20,000 x . 09 = $1,800 Gross return $18,000 x .07 = $1.26 Interest expense = Gross return - interest = net return = $1,800 - $1,260 = $540 net return. Net return divided by Investment = % return on investment $540 ÷ $2,000 = 27%. ================================================== Question: The resale of which of the following would NOT require a notice to the Department of Real Estate (DRE)? a. 2 units in a planned development b. 5 units in a condominium project c. 5 lots in a standard subdivision d. 5 units in a stock cooperative Answer: a. 2 units in a planned development The DRE requires a notice to be filled for the resale of 5 lots or more in a planned unit development (PUD) ================================================== Question: A licensed real estate broker, buying and selling many properties for himself, may have his profits taxed as: a. long-term capital gains. b. short-term capital gains. c. deferred capital gains. d. ordinary income. Answer: d. ordinary income. One who holds property "primarily for the sale to customers in the ordinary course of business" is considered a "dealer" and may have profits taxed as ordinary income. ================================================== Question: Advertising regulations of the Truth-in-Lending Law apply to all of the following, except: a. homeowner who is advertising his/her own home for purchase subject to the existing loan. b. homeowner advertising that loan may be assumed under certain terms. c. financing institution advertising to promote consumer credit. d. broker advertising a property with an annual percentage rate. Answer: a. homeowner who is advertising his/her own home for purchase subject to the existing loan. Regulation "Z" requires that those who "extend credit" must make certain disclosures. ================================================== Question: When taking a listing, what is the most important question to ask? a. Will you help finance the sale? b. What is your asking price? c. Why are you selling? d. What are your existing loans? Answer: c. Why are you selling? It is called "Motivation," and tells you how serious they are about selling. ================================================== Question: When using the cost approach to determine the value of land and improvements of a property, an appraiser would use: a. one approach to arrive at a value for both. b. one approach to arrive at a value for each. c. separate approaches to arrive at a value for each. d. none of the above. Answer: c. separate approaches to arrive at a value for each. Value of land - comparison approach; Value of improvements based on today's building costs. ================================================== Question: If a $52,500 loan was made on a property which was equivalent to 70% of the appraised value. What was the amount of the appraised value? a. $90,000 b. $80,000 c. $50,000 d. $75,000 Answer: d. $75,000 $52,500 ÷ .70 = $75,000 appraised value. ================================================== Question: A real estate broker lends his own money to Buyer to aid in purchasing a home. The note is for $4,000, and will be secured by a trust deed on the purchased property. The note interest rate is 12% per year, with monthly payments of $40. Final payoff will be on the 48th monthly payment. Which of the following is true? a. Broker holds legal title to property. b. Broker is in violation of usury. c. Final amount of payoff on the 48th month will be $4,040. d. None of the above. Answer: c. Final amount of payoff on the 48th month will be $4,040. Payments are "interest only," resulting in no principal reduction. The final month payment PLUS the $4,000 principal is due at that time. ================================================== Question: Which of these words does NOT belong with the others? a. Will b. Executor c. Sale d. Heir Answer: c. Sale a, b, and d relate to disposition of property after death. ================================================== Question: Regarding termination of estates in manufactured home parks, a tenant who has a tenancy in a manufactured home that cannot be legally moved without a permit, may not have the tenancy terminated without written notice of not less than: a. 30 days. b. 45 days. c. 60 days. d. 90 days. Answer: c. 60 days. ================================================== Question: Which of the following would come first? a. Hereditament b. Attachment c. Writ of Execution d. Judgment Answer: b. Attachment Attachment is the process whereby property is seized and retained in custody of court as security for satisfaction of judgment plaintiff "hopes" to obtain in pending litigation. Execution is the final act. Hereditament is property that is capable of being inherited. ================================================== Question: Which of the following is nearest to a synonym of "metes and bounds"? a. Angles and degrees b. Measures and perimeters c. Degree of perimeters d. Angles and measures Answer: d. Angles and measures "Metes" means distance or angles; "Bounds" means boundaries or measures. ================================================== Question: If the rent of commercial property increased well above the maintenance or servicing costs, the resulting situation would: a. not affect the vacancy rate. b. increase the effective gross income. c. increase the demand for space. d. increase the vacancy rate, and tenants would tend to conserve on space. Answer: d. increase the vacancy rate, and tenants would tend to conserve on space. When rent controls are not a factor, rental prices can become highly competitive. When established rent is too far above housing and servicing requirements, tenants tend to conserve on space, and the vacancy rate will increase. ================================================== Question: National Fair Housing principles are founded on: a. First Amendment to the Constitution. b. Unruh Act. c. 13th Amendment to the Constitution. d. Rumford Act. Answer: c. 13th Amendment to the Constitution. The 13th Amendment and Title 8 of the Civil Rights Act of 1968 both provide for fair housing on a national level. ================================================== Question: The county building inspector would not approve a site ready for construction on a new residence until a "percolation" test had been approved. The latter deals with: a. the water table. b. runoff drainage. c. the septic tank. d. none of the above. Answer: c. the septic tank. Deals with the ability of earth to filter liquids from the septic tank. ================================================== Question: An investor purchased a property, financing with a 75% loan-to-value ratio loan. Payments of interest only for the first 6 months was $6,000. Interest rate is 10%. What was the appraised value of the property? a. $170,000 b. $160,000 c. $150,000 d. $140,000 Answer: b. $160,000 Annual Interest = $6,000 x 2 = $12,000 Principal Amount = $12,000 ÷ 10% (.10) = $120,000 Appraisal Value = Loan divided by (LTV Ratio) = $120,000 ÷ 75% (.75) = $160,000 ================================================== Question: With which of the following would appraisers least likely use the "gross income" appraisal technique? a. Residential apartments b. Industrial c. Commercial d. Public buildings Answer: d. Public buildings Public buildings do not have "income production" capacities. ================================================== Question: A subordination clause written into a 1st trust deed would benefit the: a. trustee. b. trustor. c. beneficiary. d. lender. Answer: b. trustor. Allows the borrower to more easily obtain additional funds (i.e., for construction loan) with the new funds being secured by a new first trust deed, which moved ahead of the original first deed, which has now subordinated to the subsequent loan. ================================================== Question: A net lease may be said to have which of the following characteristics? a. It is a percentage of the profits. b. It does not benefit the lessor. c. It produces a net income for the lessor. d. The lessor pays for all variable expenses. Answer: c. It produces a net income for the lessor. A net lease provides a lessor with a fixed income, which is founded on an agreement requiring the lessee to pay all variable costs, such as insurance and property taxes. ================================================== Question: If Notification of Default was filed on July 15 and publication of sale was started on Oct. 15, the right of the Trustor after Oct. 15 is: a. pay the back payments and late charges and fees. b. pay the balance due, including all penalties and late charges. c. neither a nor b. d. either a or b. Answer: d. either a or b. The loan can be reinstated until 5 days before the auction. ================================================== Question: Demise deals with: a. transferability of an estate by lease or will. b. personal property left in a will. c. a "type" of will. d. none of the above. Answer: a. transferability of an estate by lease or will. Not to be confused with "devise," a gift of real property by will. ================================================== Question: An owner of a cooperative apartment project makes monthly payments which include principal, interest, taxes, and insurance. Which of the following statements is NOT correct? a. Tax collector will render a separate tax bill to each owner. b. Assessment bond costs will be divided among the owners. c. Owner may deduct the amount of property taxes paid on his income tax return. d. If other owners fail to make payments, all owners could lose their equities, for a foreclosure action could be taken against the (single) blanket type loan, unless delinquencies were brought current. Answer: a. Tax collector will render a separate tax bill to each owner. A stock cooperative receives one tax bill in the name of the corporation. ================================================== Question: If a broker decided to add to his real estate business and handle the sale of trust deeds, what other kind of license would he have to get? a. Loan broker's license b. Securities dealer's license c. Business opportunity license d. None of the above Answer: d. None of the above A broker's license is required. The other answers are nonexistent. For selling real property securities, a broker must obtain an "endorsement" to complement his broker's license. ================================================== Question: An appurtenant easement need NOT be mentioned in a deed since it: a. is hypothecated. b. is pledged. c. goes with the land/runs with the land and is thus automatically transferred. d. all of the above. Answer: c. goes with the land/runs with the land and is thus automatically transferred. Automatically goes with the land. ================================================== Question: The prospective purchaser of real property would be most concerned with the: a. economic life remaining in the improvements. b. physical life remaining in the improvements. c. chronological age of the improvements. d. effective age of the improvements. Answer: a. economic life remaining in the improvements. Effective age indicates existing conditions, as related to past maintenance. Chronological age is related to past events affecting a property. Of course, remaining physical age is important to the purchaser, but she is more concerned with the estimated period over which she may utilize the property for profit. ================================================== Question: What is NOT required to be disclosed under the Truth-in-Lending Law? a. Annual percentage rate (APR) b. Length of loan c. Monthly payment d. Total finance charge in purchase of single-family, owner-occupied dwelling Answer: d. Total finance charge in purchase of single-family, owner-occupied dwelling Only the APR, length of loan, and monthly payments are required. ================================================== Question: In a real property sales contract for the purchase of newly subdivided land, a clause prohibits the purchaser from prepaying principal during the first 12 months following the purchase. The buyer is to only make his normal monthly payments. If the buyer subsequently selects to pay off the contract, within the first 12 month period, the clause: a. is binding on the buyer. b. may be ignored by the buyer. c. is illegal and voids the contract. d. could have been waived by the buyer by sending such notification to the subdivider. Answer: b. may be ignored by the buyer. "Lock-ins" are allowed only in private party financing. ================================================== Question: According to the statute of frauds, all the following must be in writing to be enforceable, except: a. an agreement that (by its terms) is not to be performed within one year of execution of the agreement. b. an agreement that employs a broker to solicit, sell, lease, or exchange real property. c. a partnership agreement between two or more parties to engage in the sale or exchange of real property. d. an agreement for leasing real property for more than one year. Answer: c. a partnership agreement between two or more parties to engage in the sale or exchange of real property. If this had been a limited partnership by definition, then it, too, must be in writing. ================================================== Question: Which of the following would most likely appear in an appraiser's definition of "highest and best use"? a. Contract rent b. Ground rent c. Economic rent d. Net return Answer: d. Net return Definition refers to the use, which at the time of appraisal is most likely to produce the greatest net return to the land and/or buildings over a given period of time. ================================================== Question: Productivity is a direct function of: a. demand. b. supply. c. use. d. value. Answer: c. use. The more a commodity/product is "used," the more will be produced. ================================================== Question: A new, large-scale shopping center requires a loan for financing purposes. The lender would place major emphasis on which of the following features? a. Long-term leases b. Short-term leases c. Anchor tenant (A+ credit/large company) d. The experience and background of the developer Answer: c. Anchor tenant (A+ credit/large company) A large company, having an excellent credit rating and offering very good potential for payoff of the loan, would be called an "Anchor Tenant." ================================================== Question: Over and above the strictly legal relationship, the Real Estate Commissioner feels that the relationship between the salesperson and the client should be like that higher and more important relationship of: a. vendor to vendee. b. broker to salesperson. c. trustee to beneficiary. d. attorney to client. Answer: c. trustee to beneficiary. Trustee has a "fiduciary" relationship with the beneficiary ================================================== Question: Two businessmen have been operating their businesses successfully in a community for a number of years. They have frequently made referrals between one another. Mr. E is an insurance broker; Mr. M is a real estate broker. They are considering joining forces, as partners - "E" & "M" Real Estate & Insurance. Which of the following statements is correct? a. Their partnership would be permissible, as the law allows brokers to form partnerships. b. They would be required to secure a partnership license and file their name with the Secretary of State. c. This is good as long as only Mr. E sells insurance. d. Mr. E would be required to secure a real estate broker's license. Answer: d. Mr. E would be required to secure a real estate broker's license. Although real estate brokers can form partnerships with unlicensed persons, only brokers' names are permitted as part of the firm's name. ================================================== Question: The California Commissioner of Real Estate has authority to: a. create laws to discipline licensees. b. promulgate reasonable rules and regulations. c. settle commission disputes. d. issue licenses for out-of-state licenses. Answer: b. promulgate reasonable rules and regulations. Does not create laws, but makes the rules and regulations that have the effect of law. ================================================== Question: Which of the following types of depreciation would be difficult to eliminate? a. Economic obsolescence b. Functional obsolescence c. Physical depreciation d. Physical deterioration Answer: a. Economic obsolescence The DRE looks at this question as measured by "cost to cure." Economic ================================================== Question: A "walkup" in real estate terms refers to: a. manufacturing properties. b. drive-in restaurants. c. manufactured home parks. d. apartments. Answer: d. apartments. Multilevel tenement apartments, without elevators. ================================================== Question: Real estate appraisers may use the 4-3-2-1 Rule as a useful tool in their work. It applies to the: a. lot and improvements. b. tract evaluation. c. house, lot, and garage d. method for appraising lots of differing depths. Answer: d. method for appraising lots of differing depths. The 4-3-2-1 Rule is used to measure the value of adjacent lots, which have different depths. Lot value is considered to be 40% in the first quarter (front of lot), 30% in the second quarter, 20% in the third quarter, and 10% in the last quarter of depth. ================================================== Question: The expression "A Bundle of Rights" best describes: a. a Lessee's rights to quiet and complete freedom of possession of the leased property. b. a Vendee's rights in a Land Contract agreement. c. rights or interest which an owner has in the thing he/she owns—the right to possess, use, encumber, dispose of, and to exclude. d. none of the above describes a "bundle of rights." Answer: c. rights or interest which an owner has in the thing he/she owns—the right to possess, use, encumber, dispose of, and to exclude. Best describes a "Bundle of Rights" ================================================== Question: A buyer wishes to purchase a home through Broker Bob, making the following offer: Sale price is $100,000; Buyer to put $10,000 down and obtain a new FHA insured loan for $80,000; Buyer to execute a 2nd note and trust deed in favor of seller for $10,000. Broker should advise: a. transaction is okay. b. seller should not have the new 2nd trust deed recorded until after escrow has closed, so as not to alarm FHA. c. the Buyer that she cannot purchase in this manner, because FHA does not allow 2nd notes and trust deeds, but requires cash to the FHA loan. d. none of the above. Answer: c. the Buyer that she cannot purchase in this manner, because FHA does not allow 2nd notes and trust deeds, but requires cash to the FHA loan. This is an FHA requirement. ================================================== Question: An option in a lease: a. is illegal. b. is valid only if recorded. c. normally passes with the assignment of lease, even if not mentioned in the assignment. d. none of the above. Answer: c. normally passes with the assignment of lease, even if not mentioned in the assignment. All terms of lease pass with lease, whether mentioned or not. ================================================== Question: The agency of a real estate broker is best created by: a. estoppel. b. expressed contract. c. implied contract. d. ratification. Answer: b. expressed contract. Should be expressed, in writing. ================================================== Question: Under real estate law, a manufactured home park is: a. an area or tract of land where 5 or more manufactured home lots are rented/leased for human habitation. b. an area or tract of land where 2 or more manufactured home lots are rented/leased to accommodate manufactured homes used for human habitation. c. an area or tract of land where 1 or more manufactured home lots are owned outright by a manufactured home owner. d. none of the above. Answer: b. an area or tract of land where 2 or more manufactured home lots are rented/leased to accommodate manufactured homes used for human habitation. ================================================== Question: The least protection against blighting in any given area is provided by which of the following? a. Zoning ordinances b. Artificial and natural barriers c. A neighborhood not fully developed d. Residents aware of the hazards of blighting Answer: c. A neighborhood not fully developed A partially developed neighborhood receives little protection from blighting influences. Unfavorable elements, such as poor upkeep and divergent uses of property, are difficult to restrict or control. ================================================== Question: What landmark case of the U.S. Supreme Court affected fair housing by prohibiting discrimination? a. Shaffer v. Beinhorn b. Jones v. Mayer c. Weinhoff v. Morgan d. None of the above Answer: b. Jones v. Mayer Jones v. Mayer (After Civil War) was the landmark case that helped create Title VIII of the Federal Civil Rights Act of 1968. ================================================== Question: Regarding easements, which of the following is NOT correct? a. Easements can be created by reservation. b. Easements can be created by dedication. c. A lessee can give an easement for the duration of a lease to a third party. d. Deeds granting unlocated easements are invalid. Answer: d. Deeds granting unlocated easements are invalid. Easements do not have to be specifically located to be valid. ================================================== Question: Which of the following would NOT affect the basis of real property? a. Remodeling b. Maintenance c. New roof d. New concrete patio Answer: b. Maintenance Refers to "cost basis or adjusted cost basis." ================================================== Question: In California, the salesperson's commission is paid by the: a. seller. b. buyer. c. escrow holder. d. broker. Answer: d. broker. All money for salespeople MUST come from/through their broker. ================================================== Question: On a property, a pump and well would be considered: a. an improvement. b. taxable as capital gains. c. both a and b. d. none of the above. Answer: a. an improvement. ================================================== Question: When comparing a rental situation with the ownership of a home, which of the following does not represent a cost of home ownership? a. Repayment or amortization of a loan b. Depreciation of the investment in a home c. Property taxes and bond assessments d. An equity investment, which does not produce an income Answer: a. Repayment or amortization of a loan When an owner amortizes, or pays back, the principal on a loan by means of regular installments, it is not an expense because his equity is increased. In effect, he puts money out in one direction, but receives it back from another direction. ================================================== Question: *A broker obtained an exclusive listing to sell a piece of property. He spent much time, money, and energy. The seller refused to allow the broker to proceed under the agreement. The broker should: a. consider the seller's refusal a breach and sue for damages. b. consider the seller's refusal a breach and claim the amount of commission as liquidated damages. c. ignore the seller and proceed. d. relieve seller of liability, and work on improving relationship so as to enable retaining future business. Answer: a. consider the seller's refusal a breach and sue for damages. When seen from a technical point of view. In reality, sometimes "d" would result in more favorable and profitable end results. ================================================== Question: A home built in 1959 cost $14,500. The home is 32' x 48' and the attached garage is 18' x 20'. In 1983, the cost per square foot factors were $75 (house) and $15 (garage). If the improvement depreciated at 2% per year and the land value of the lot had risen to $25,000, what was the value of the property in 1983? a. $84,367 b. $81,258 c. $87,531 d. $87,712 Answer: d. $87,712 32' x 48' = 1,536 sq. ft. x $75 = $115,200 18' x 20' = 360 sq. ft x $15 = 5,400 { $115,200 + 5,400 = 120,600 } Cost new in 1983 = 120,600 Minus 2% per year depreciation = - 57,888 { 120,600 - 57,888 = 62,712 } Improvement adjusted basis = $62,712 Land value = 25,000 { 62,712 + 25,000 = 87,712 } Approximate value (1983) of property = $87,712 ================================================== Question: On which of the following properties may one file a valid Declaration of Homestead? a. Fourplex b. House on 2-acre parcel c. Single-family dwelling d. All of the above Answer: d. All of the above Requires "principle residence." ================================================== Question: A real estate broker who negotiated a real property loan must record the trust deed: a. within 10 days of release of funds, provided lender authorizes prior release. b. before any funds are released. c. either a or b. d. none of the above. Answer: c. either a or b. ================================================== Question: If a broker procures a loan for a principal for $89,000, the broker would provide which of the following documents? a. Real Property Security Statement b. Broker's Loan Statement c. Both a and b d. Neither a nor b Answer: b. Broker's Loan Statement A Broker's Loan Statement is required anytime a broker procures a loan. ================================================== Question: To a land developer, suburban land is preferable to urban land for development purposes. Which of the following reasons is applicable? a. Development costs are lower. b. Suburban land has the potential for containing a complete community. c. The value of adjoining land is increased. d. Low-cost housing for single persons can be provided. Answer: b. Suburban land has the potential for containing a complete community. When working with suburban land, the developer, in conformance with zoning ordinances, has the freedom to select suitable areas for school, commercial properties, and residences. In urban areas, where growth patterns and zoning requirements are usually well established, the developer has much less freedom of choice. ================================================== Question: In a period of tight money, the Federal Reserve Bank can increase the supply of money by: a. raising the discount rate charged to member banks. b. increasing member bank reserve requirements. c. selling bonds on the open market. d. lowering member bank reserve requirements. Answer: d. lowering member bank reserve requirements. The resulting surplus reserve funds would increase money available for customers to borrow from member banks. Answers "a" "b" "c" would result in decreasing available funds. ================================================== Question: A business has been sold, and the State Board of Equalization has checked the records and found that all required taxes have been paid. The board will then issue to the buyer a: a. tax paid receipt. b. clearance receipt. c. successor's liability receipt. d. none of the above. Answer: b. clearance receipt. If the buyer does not get this clearance receipt from the board, the buyer is liable for any unpaid taxes the seller did not pay. ================================================== Question: A freehold estate is a(n): a. estate for years. b. estate at will. c. estate from period-to-period. d. fee simple estate. Answer: d. fee simple estate. Freehold = Fee simple; Less than Freehold = Leasehold. ================================================== Question: The primary source of funds for junior loans is: a. the FHA. b. institutional lenders. c. noninstitutional lenders. d. private lenders. Answer: d. private lenders. Owners, taking back 2nds, 3rds, etc. ================================================== Question: Which of the following is an encumbrance? a. Freehold estate b. Homestead c. Lease agreement d. Recorded subdivision map Answer: c. Lease agreement Anything which affects or limits fee simple title to real property is a burden. ================================================== Question: An appraiser would NOT be in violation of the USPAP if he: a. pays people to refer clients to him. b. accepts an appraisal assignment, knowing that he is not fully qualified to handle the assignment. c accepts an appraisal fee based upon a percentage of the value estimate. d. accepts an appraisal fee for service on a property in which he has an interest, a fact which has been disclosed to his client in writing. Answer: d. accepts an appraisal fee for service on a property in which he has an interest, a fact which has been disclosed to his client in writing. It is permissible to collect a fee for service on a property in which the appraiser has an interest, providing the fact has been disclosed properly to the client. ================================================== Question: Mr. Traveler needs money to go on a trip. He possesses a $10,000 note and T.D. on the Mayor's farm. Mr. Banks offers to loan Mr. Traveler the $4,000 he needs, providing he can hold the $10,000 note and T.D. as security. If all agree, this would be an example of a: a. real chattel agreement. b. purchase money trust deed agreement. c. subordination agreement. d. negotiated pledge agreement. Answer: d. negotiated pledge agreement. This is a negotiated pledge agreement - Mr. Traveler has pledged the not and TD as security. ================================================== Question: Which of the following would NOT qualify for an "on-sale" liquor license? a. A club that was six months old b. A cafeteria that was six months old c. 12-year-old restaurant d. One year old hotel Answer: a. A club that was six months old Clubs must not have been in business for less than one year. ================================================== Question: In situations whereby real property taxes are not paid, the Tax Collector will affect a "Sold to the State" on which of the following dates? a. July 1, following the unpaid year b. June 30, five years after the unpaid tax year c. June 30, the last day of the unpaid tax year d. None of the above Answer: c. June 30, the last day of the unpaid tax year On the day just prior to the new tax year, the collector effects a "book sale" of the property to the State. If not redeemed within 5 years, then on June 30 (end of 5th year following book sale), property is deeded to State. Sale or auction would follow. ================================================== Question: A buyer purchasing a home financed by a new FHA loan should do all of the following, except: a. find a property that will meet FHA requirements. b. find a seller willing to sell under FHA terms. c. find a lender who makes FHA loans. d. contact FHA for an appraisal. Answer: d. contact FHA for an appraisal. The lender or broker will have the appraisal made, if the seller has not already done so. ================================================== Question: A broker was hired by a seller to sell her land for a prescribed commission. However, the broker incurred more expenses while trying to sell the land than he anticipated. If the broker asked the seller to increase the commission at the time of the sale, and the seller agreed to do so, this would be: a. against the law. b. illegal. c. legal. d. none of the above. Answer: c. legal. A contract to be performed may be altered with consent of all parties involved. ================================================== Question: Which of the following may value real estate for a federally related loan transaction? a. Real Estate Brokers b. Certified Public Accountants c. Licensed or Certified Real Estate Appraisers d. Chartered Evaluators Answer: c. Licensed or Certified Real Estate Appraisers Brokers may value real estate for non-loan purposes, CPAs value business interests, Chartered Evaluators are British Appraisers. ================================================== Question: An investor purchased a $140,000 four-unit apartment building. For a "Cap Rate" of 10%, what would the owner have to get monthly from each of the two bedroom units? a. $342 b. $292 c. $252 d. $272 Answer: b. $292 Value x Rate = Income; $140,000 x 10% = $14,000 Gross Annual Income; $14,000/4/12 months = $292 per unit per month. ================================================== Question: The least important factor in a "sale-lease back" is: a. the credit rating of the lessee. b. a well designed general purpose building. c. a well located building. d. seller's book value of the building. Answer: d. seller's book value of the building. Seller becomes lessee. The book value is not important any longer, for the new owner will set up his own books for tax purposes. ================================================== Question: An investor needed cash for additional investments, and "took out" a loan against his property. His interest payment on this new loan was less than the net return he was realizing on the property. This is an example of: a. capital turnover. b. trading on equity. c. band of investment. d. deficit financing. Answer: b. trading on equity. ================================================== Question: An auctioneer who sells a business on which a Notice of Sale was properly recorded and published: a. is personally liable for any losses to seller's creditors. b. must have a "Business Opportunity" license. c. must have a "Securities Dealer" license. d. only needs a Real Estate Broker's license. Answer: d. only needs a Real Estate Broker's license. Sale of business opportunities fall under DRE jurisdiction. ================================================== Question: Base lines run: a. north and south. b. east and west. c. north and east. d. none of the above. Answer: b. east and west. Base lines run east and west; meridian lines run north and south. ================================================== Question: The U.S. Bureau of Labor Statistics publishes a cost of living index. If a lease contains an escalator clause, which requires periodic adjustments in relation to changes in the index, the lease is called a(n): a. fixed lease. b. standard lease. c. graduated lease. d. federal lease. Answer: c. graduated lease. If rentals are adjusted in relation to the movements of a recognized national index, such as the cost of living index, the controlling lease is called a Graduated Lease. ================================================== Question: Buyer purchased a home with a standard policy of title insurance. After moving in, she discovers that the roof eave is only two feet from the property line. The zoning requirements are five feet minimum. In this situation, the buyer may collect: a. price of repair minus attorney fees. b. price of damages plus cost to repair. c. price of the property plus treble damages. d. nothing. Answer: d. nothing. Standard title insurance policy (CLTA) does NOT provide on-site inspection. Extended coverage (ALTA) would have covered this type of defect, but a property inspection would have been made prior to policy issuance anyway. ================================================== Question: Fill in appropriately: "A trend in real estate ______________ the recession trends of business, and when business starts a swing upward." a. precedes, proceeds b. follows, lags behind c. lags behind, precedes d. precedes, lags behind Answer: d. precedes, lags behind Typical business cycle: (1) Expansion...prosperity (good times) (2) Recession...turn around from prosperity (real estate precedes) (3) Depression...opposite from (1) above (4) Revival...turn around in prosperity (real estate lags) ================================================== Question: *For federal income tax purposes, a taxpayer could increase the basis of his/her residence with which of the following? a. Property taxes b. Accrued depreciation c. Addition of a patio d. None of the above, for a personal residence basis cannot be adjusted for any reason Answer: c. Addition of a patio Capital improvements are acceptable adjustments to basis. ================================================== Question: Under a lease agreement, who holds the leasehold estate? a. Beneficiary b. Lessee/Tenant c. Lessor d. None of the above Answer: b. Lessee/Tenant Lessor owns the property, lessee holds leasehold estate. ================================================== Question: After a broker shows a client's property to a prospective buyer, the broker should: a. notify the office staff of the showing by memo. b. confirm showing with the buyer by written memo. c. notify the seller in writing as to the prospect's identify. d. wait until the prospect contacts the owner. Answer: c. notify the seller in writing as to the prospect's identify. The broker who is the procuring cause of the sale is the one entitled to the commission. To protect himself, the broker must inform the seller in writing of the prospects to whom he has shown the property, no later than at the end of the listing period. ================================================== Question: Appraisers use which of the following methods for estimating costs? a. Comparative square foot, unit in place b. Comparative square or cubic foot, unit in place, quantity survey c. Residual income, resulting from capitalization calculations d. Replacement costs, resulting from capitalization calculations Answer: b. Comparative square or cubic foot, unit in place, quantity survey There are three accepted methods for cost estimation: 1. comparative square foot or cubic foot, also called the Unit Method 2. Unit cost in place 3. Quantity survey ================================================== Question: A broker arranges the sale of a home. There is a purchase money T.D. from the lender. The broker is NOT required to see that the T.D. is recorded if the: a. buyer instructs him not to record. b. buyer and seller select not to have an escrow. c. broker is not involved financially in the loan procurement. d. the beneficiary instructs him not to record the T.D. Answer: d. the beneficiary instructs him not to record the T.D. Only a lender (beneficiary) can decide whether a promissory note and trust deed are to be recorded. ================================================== Question: The goal of the Fair Housing Act is for the purpose of: a. removing prejudice in every community. b. establishing selling practices that are "color blind." c. establishing selling practices where you do unto others as you would have them do unto you. d. all of the above. Answer: d. all of the above. ================================================== Question: In addition to being registered for a minimum of one year, manufactured homes sold by real a. 8' wide and 20' long. b. 6' wide and 40' long. c. 12' wide and 30' long. d. 8' wide and 40' long. Answer: d. 8' wide and 40' long. ================================================== Question: Which of the following types of financing generally does NOT require any down payment? a. Cal-Vet b. Conventional c. FHA d. VA Answer: d. VA There is generally no down payment required with a VA loan ================================================== Question: Businesses in California may take the form of an individual proprietorship, partnership, or corporation. Each form has its advantages. One advantage of operating as a general partnership is that: a. each partner has the use of assets of the partnership. b. management of the business can be left to the other partner with little concern. c. personal assets of a partner cannot be touched by creditors of the business. d. there is less responsibility and more time can be spent away from the business. Answer: a. each partner has the use of assets of the partnership. All partners must also agree to a sale or transfer of the property. ================================================== Question: The price of real property _______________ as the value of the dollar decreases. The price of real property _______________ as the value of the dollar increases. a. increases, decreases b. increases, increases c. decreases, increases d. decreases, decreases Answer: a. increases, decreases When the value of the dollar decreases, it loses a portion of its purchasing power. This means that more dollars are required to purchase a given piece of property. In order to accomplish this, the price of the property must be increased. Conversely, when the value of the dollar increases, it gains purchasing power. This indicates that fewer dollars are necessary for the purchase of a given piece of property, and thus, a decrease in price is required to adjust for the change. ================================================== Question: Value levels in a residential neighborhood are influenced more by social characteristics of its present and prospective occupants than by any other factor. What would maintain high values in a given neighborhood? a. Everybody purchasing with comparable down payments. b. Everybody having approximately the same income levels. c. Both a and b. d. None of the above. Answer: c. Both a and b. Neighborhoods generally have similar physical structures based on common social, economic, and political characteristics. ================================================== Question: A plot of land that is 30 miles square contains how many townships? a. 0.69 b. 4 c. 9 d. 25 Answer: d. 25 The plot is 30 miles on a side and a township is six miles on a side. Therefore, the plot has five townships on a side, or 5 by 5 = 25. ================================================== Question: Complaints involving violations of federal law must be filed within how many days of the violation? a. 90 b. 120 c. 150 d. 180 Answer: d. 180 ================================================== Question: Regarding Conditions and Covenants, which are restrictions imposed upon grantees limiting property use, the enforcement of "conditions" would be considered: a. the same as for covenants. b. more stringent than for covenants. c. less stringent than for covenants. d. none of the above. Answer: b. more stringent than for covenants. Breach of condition - possible loss of property; Breach of covenant - possible money damages. ================================================== Question: The trust deed (and note) that normally takes priority is the one that is: a. for the greatest amount. b. a construction loan. c. executed/delivered first. d. recorded first. Answer: d. recorded first. First to record is first in rights. If a trust deed is without a subordination clause relinquishing priority, and is recorded first, it will take priority over subsequently recorded instruments. ================================================== Question: When a building is positioned on a lot in such a way that it reflects consideration of noise, sun, wind, privacy, and other factors, the act of positioning is called: a. land use conformity. b. orographic arrangement. c. profile elevation. d. orientation. Answer: d. orientation. The phrasing of the question is a good definition of orientation. ================================================== Question: It is unlawful for any person to affect the sale of any franchise that is regulated by the Franchise Investment Law, unless such person has made an application to the Corporation Commissioner, and is licensed by the: a. Franchise Tax Board. b. Corporation Commissioner. c. Real Estate Commissioner. d. Real Estate Commissioner or Corporation Commissioner. Answer: d. Real Estate Commissioner or Corporation Commissioner. A license from one of these two is required ================================================== Question: Which of the following would be considered an offer in a real estate transaction? a. Condition b. Covenant c. Performance d. Tender Answer: d. Tender Tender is an offer to perform. ================================================== Question: To divide equally or proportionately to time of use is to: a. progress. b. probate. c. prorate. d. procrastinate. Answer: c. prorate. Prorate is to divide, assess proportionately. ================================================== Question: Sheet metal used to protect a building from water seepage is called: a. furring. b. flashing. c. footing. d. facade. Answer: b. flashing. Furring are strips of wood applied to walls; footing is the bottom of a foundation; facade is the front of a building. ================================================== Question: If a home were properly insured with fire insurance to indemnify the owner, he could expect to: a. always gain. b. gain, but never lose. c. lose, but definitely not gain. d. neither gain nor lose. Answer: d. neither gain nor lose. "Indemnify" means to "make compensation for incurred lose/damage." ================================================== Question: The four essential elements of value are: a. Cost, Demand, Utility, Scarcity b. Cost, Demand, Capitalization, Scarcity c. Demand, Improvements, Selling Price, Time on Market d. Demand, Utility, Scarcity, Transferability Answer: d. Demand, Utility, Scarcity, Transferability "DUST" Cost, selling price, and time on market have nothing to do with value. Capitalization is a mathematical tool. ================================================== Question: Mr. E purchased property for $150,000 (Improvement 80%: Land Ratio 20%). If he used the straight -line method of depreciation with 35 years remaining life, what would be the adjusted basis of the property after 10 years? a. $85,408 b. $106,760 c. $110,204 d. $115,714 Answer: d. $115,714 $150,000 - 20% = 150,000 - 30,000 = $120,000 improvement value. $120,000 ÷ 35 years = $3,428.57 x 10 years = $34,285.71 accrued depreciation. Adjusted Basis (10 yrs later) = $150,000 - $34,286 = $115,714. ================================================== Question: *Which of the following phrases would best bind all parties to pay their debts? a. Jointly b. Individually c. Individually and severally d. Jointly and severally Answer: d. Jointly and severally All parties are held responsible collectively or individually for the entire obligation. ================================================== Question: An owner offered his home to a buyer for $100,000 cash. The buyer paid the owner $100 cash to keep the offer open for two weeks. The owner accepted the $100. Ten days later, the owner notified the buyer that he was withdrawing his home from the sale. The next day the buyer tendered $100,000 cash to the owner. Under these conditions: a. the offer to sell was binding. b. seller violated the agreement to hold open the offer to sell, but did not have to sell to the buyer because the buyer had not promised in his original conversation to buy the property. c. seller rescinded, voiding the transaction. d. although the seller violated the agreement, he effectively prevented a binding contract from forming by withdrawing his property from the market. Answer: a. the offer to sell was binding. Seller has no option. By accepting the $100 payment, he entered into a binding agreement. Only the buyer has the privilege of deciding "to buy, or not to buy." That is what the $100 option money paid for. ================================================== Question: A licensed real estate broker desires to work as a salesperson. She should: a. apply to take salesperson's examination. b. inactivate broker license and apply for salesperson's license. c. apply for salesperson's license. d. enter into agreement (written) with employing broker and work as a salesperson. Answer: d. enter into agreement (written) with employing broker and work as a salesperson. Cannot function in any way as to use his broker license while operating under other broker's license as salesperson, other than acting as a salesperson ================================================== Question: An appraiser observes wide cracks in the corner of a basement, spreading up two walls. This was most likely caused by: a. weak joists. b. deterioration due to dampness. c. house settling (appraiser should get soils report). d. none of the above. Answer: c. house settling (appraiser should get soils report). ================================================== Question: Amenity type properties are appraised most often by which of the following methods? a. Income method b. Market data method c. Cost method d. Risk-rating method Answer: b. Market data method Amenity type properties are single family residences, and the market data method is most often used for these. ================================================== Question: Mr. A sold Mr. B an option for $500 for a 60-day period starting March 13. In the event the option was exercised, the buyer would be required to complete a 30-day escrow commencing on the day the option was exercised, paying all cash for the property. Mr. B assigned his option to Mr. C for $1,000 consideration. On April 30, Mr. C informed Mr. A that he would pay cash for the property on May 7. Mr. A claimed that the option was void. The option was: a. void, because the original buyer sold it without permission. b. void, because the proposed purchase date would not be within the 60-day option period. c. void, even though original holder had sold the option—however, the purchase day was beyond the required date of sale. d. valid, and the Assignee (Mr. C) would be able to purchase the subject property on May 7. Answer: d. valid, and the Assignee (Mr. C) would be able to purchase the subject property on May 7. Option assignment was legal (without prohibition stated in the original document), and the escrow period commenced within the option period and did not run beyond the prescribed 30-day period. ================================================== Question: If one person has the authority to act on matters for another, including the right to bind (sign for) on contractual matters, the person with that authority would be known as the: a. power of attorney. b. beneficiary. c. trustee. d. attorney-in-fact. Answer: d. attorney-in-fact. A step beyond that of agent. Can affix that other person's name to a contract. Signature: "Principal, by Agent Only, His Attorney-in-Fact." ================================================== Question: The Truth-in-Lending Law would apply to which of the following? a. First trust deed and junior loans b. Construction loans c. All loan transactions d. None of the above Answer: a. First trust deed and junior loans Does NOT apply to ALL loans, i.e., construction loans to developers or builders. ================================================== Question: Characteristics of a particular lender are: prefers short-term loans; prefers interim loans; buyer costs are higher than other lenders; past relationships with borrowers are important. What kind of lender is this? a. Savings bank b. Insurance company c. Private individual d. Commercial bank Answer: d. Commercial bank ================================================== Question: A house sold for $120,000 on which a seller was to pay 6% brokerage fee. Other costs were 1% prepayment penalty on existing $90,000 first loan balance, escrow fees of $500, title insurance premium of $400, and 3 points (%) loan discount fee on a new loan of $110,000 (VA). The seller's costs would be what percent of his equity? a. 10.25% b. 17% c. 41% d. 13.7% Answer: c. 41% Total costs: Broker's fee $7,200 Prepayment penalty $900 Escrow and title fees $900 Discount fee on new loan $3,300 Total Costs $12,300 Equity = Sale Price - Old Loan Balance = $120,000 - 90,000 = $30,000 Percentage = $12,300 ÷ $30,000 x (100) = 41% ================================================== Question: An appraisal is an: a. estimate of value. b. opinion of value. c. opinion of listing price. d. opinion of selling price Answer: b. opinion of value. Appraisers are licensed and certified to provide a professional opinion of value. Anyone may estimate. Answers "c" and "d" are professional services provided by licensed real estate agents and brokers engaged in the sale of real estate. ================================================== Question: You have taken an exclusive right to sell listing to assist an owner in selling his home. The owner could lease the property for a maximum of: a. as long as he wishes, with consent of broker. b. not more than 99 years, with or without the broker's consent. c. not beyond the listing period, without the broker's consent. d. the owner cannot lease the property without the consent of the broker, as is clearly spelled out in the listing agreement. Answer: b. not more than 99 years, with or without the broker's consent. The owner can do as he wishes, with or without the consent of the broker. However, violation of the listing agreement could create a condition whereby the owner was liable to the broker for a full commission. Under no circumstances can the owner lease for a period in excess of the 99 years maximum allowed by law. ================================================== Question: A real estate syndicate fails to disclose a true statement of the condition of title and all the encumbrances thereon. The penalty for this violation is: a. $5,000 judgment against officers. b. $5,000 fine and 10 years in jail. c. $10,000 fine and 10 years in jail. d. $5,000 fine and 5 years in jail. Answer: c. $10,000 fine and 10 years in jail. ================================================== Question: The primary activities of FNMA in the secondary money market involve: a. FHA loans only. b. VA and FHA loans. c. 2nd loans up to $22,000. d. all types of real estate loans. Answer: b. VA and FHA loans. The key word is the "primary" activity. FNMA can now deal with conventional loans, but still heavily works with VA and FHA loans. ================================================== Question: A salesperson, working with buyers having limited cash available for down payment, finds a property listed at $96,000, ca sh to new loan. The buyers want the home. However, the maximum loan available is for 80% of value, requiring 20% cash investment. The buyers say that if the sellers would take back a 2nd note, maybe they could buy it. Sellers do not want to take back a note, per listing information. The salesperson should: a. not write any offer, since it will not be what sellers want. b. call the sellers to discuss their taking back a 2nd note. c. write the offer the buyers want to make and present it to the sellers. d. write an offer for cash to a new loan, and hope the buyers are lucky and obtain a cooperative lender. Answer: c. write the offer the buyers want to make and present it to the sellers. For the "willing" buyer, write an offer and start the negotiating process. Be realistic, but don't you decide what the principals will do. ================================================== Question: For a limited partnership, the limited partners would have which of the following as their liability? a. Amount of investment written into partnership agreement b. 25% of his investment c. Same as all other partners d. No liability Answer: a. Amount of investment written into partnership agreement However, the "general partner" has NO such limit to his liability. ================================================== Question: If a structure is repaired without changing the interior or exterior design, this process is called: a. modernization. b. reclamation. c. remodeling. d. rehabilitation. Answer: d. rehabilitation. When a property is restored to satisfactory condition without changing style, form, or plan, this is known as rehabilitation. ================================================== Question: If on a grant deed the manner of taking title is not indicated after the names of the two grantees, the courts would rule: a. severalty. b. joint tenancy. c. tenants in common. d. community property. Answer: c. tenants in common. There are two grantees, so it cannot be severalty (sole ownership); there is no mention of right of survivorship, so no joint tenancy; there is no mention of marriage, so no community property. ================================================== Question: Accountants and appraisers are interested in depreciation of real property from two different viewpoints. Which of the following statements is true? a. The appraiser is only interested in book value. b. The accountant is concerned with book depreciation and the appraiser deals with actual depreciation. c. The accountant is interested in the book value and the appraiser in the "theory of depreciation." d. The accountant is only interested in what caused the depreciation. Answer: b. The accountant is concerned with book depreciation and the appraiser deals with actual depreciation. Accountant: For tax purposes, book depreciation. Appraiser: To establish "present value," actual depreciation. ================================================== Question: A father needed money to send his son to college. He borrowed money from the bank, securing the loan with a first trust deed. Later, he sold the home subject to the first loan, and took back a 2nd trust deed from the buyer as a part of the purchase price. In the event of a default, which of the following would be true? a. The bank could obtain a deficiency judgment against the purchasers. b. The bank could obtain a deficiency judgment against the father. c. The father could get a deficiency judgment against the purchasers on the 2nd trust deed. e. None of the above. Answer: b. The bank could obtain a deficiency judgment against the father. The father is liable on (hard money) first loan; purchasers are not, for they bought "subject to" the loan. The 2nd loan is a purchase money loan, and no deficiency judgment is attainable. ================================================== Question: Which of the following would NOT be considered one of the major forces influencing value? a. Building restrictions b. Economic adjustments c. Government regulations d. None of the above Answer: d. None of the above All are influences affecting value. The four forces are: (1) Political or governmental regulations; (2) Economic adjustments; (3) Social ideals and standards; (4) Physical characteristics. ================================================== Question: An incompatible positioning of a residence on a parcel of land would be an example of: a. economic obsolescence. b. functional obsolescence. c. physical obsolescence. d. wear and tear. Answer: b. functional obsolescence. Because the home is not correctly situated on the lot it occupies, it does not function as well as it could, suffering a lost in value. ================================================== Question: An appraiser should have knowledge of economic trends, which affect property values. For example, in an area which has heavy bonded indebtedness and high property taxes, he would probably conclude that: a. large investors would be attracted to the area. b. new construction and general industry would tend to leave the area. c. there would have to be better schools and services in the area. d. there would be a good market for street bonds. Answer: b. new construction and general industry would tend to leave the area. Under these conditions, new business ventures would be discouraged by the upward tax trend, and would be inclined to seek other locations. Assessment bonds would be difficult to market. High taxes do not necessarily imply better schools. ================================================== Question: A real estate broker negotiates the sale of a residential property, which involves execution of a new first trust deed. Under what circumstances would the broker be excused from the recording the trust deed? a. When he has a financial interest in the trust deed. b. When the buyer instructs him not to record. c. When the escrow officer "promises" that she/he will see that the trust deed is properly recorded. d. None of the above. Answer: d. None of the above. Only when the lender (beneficiary) instructs the broker not to record the trust deed is he excused, by law. ================================================== Question: An apartment house tenant was injured in the swimming pool of his apartment complex. He sued the obtained a judgment of $5,000. When recorded, the abstract of the judgment will create a lien that is: a. voluntary. b. general. c. specific. d. exclusive. Answer: b. general. Judgment liens are general liens. ================================================== Question: Which of the following would be considered a "general lien"? a. Federal tax lien b. Tax lien c. Judgment lien d. All of the above Answer: d. All of the above ================================================== Question: For an exclusive listing, negotiations for a buyer should be conducted through the: a. seller. b. trustee. c. listing broker. d. none of the above. Answer: c. listing broker. A duty of the listing broker is to assist the seller in evaluating all offers to purchase. ================================================== Question: Buyers submitted an offer to purchase the home of Sellers. The purchase was made "subject to" the existing VA loan. In a subsequent foreclosure, should VA sustain losses, who would be liable for those losses? a. Buyers b. Sellers c. Both Buyers and Sellers d. Neither Buyers nor Sellers Answer: b. Sellers Veteran is liable to VA, unless he or she had obtained a prior release. ================================================== Question: A buyer with a low income considers many factors in choosing a home, the most important of which would be: a. the surrounding neighborhood. b. his income. c. the type and size of home. d. location. Answer: d. location. The location of the home in relation to his workplace would be a major consideration, since it would have an important impact on his commuting problems and costs. ================================================== Question: Five people hold undivided interest as tenants in common. Which is always true? a. Each has an equal interest. b. Each acquired their interest at the same time. c. Each cannot identify their respective part of the property. d. Each has an unequal interest. Answer: c. Each cannot identify their respective part of the property. Each tenant in common owns an "undivided interest" in the property. ================================================== Question: A buyer offers to perform on his purchase contract. This is known as a: a. condition. b. tender. c. covenant. d. surrender. Answer: b. tender. ================================================== Question: A single buyer purchased a new residence for $210,000, lived on the property for 3 years, then sold the property for $400,000. How much of his profit is subject to capital gains taxation? a. $100,000 b. $200,000 c. All d. None Answer: d. None A single person is entitled to $250,000 capital gains exemption. This profit is only $180,000, so no capital gains. ================================================== Question: The initial step in the appraisal process is to: a. collect the fee. b. correlate the data. c. define the problem. d. determine the fee. Answer: c. define the problem. ================================================== Question: Under an FHA program, monthly payments made (principal + interest) on a home loan must be: a. level payments. b. horizontal payments. c. varying payments. d. unamortized payments. Answer: a. level payments. Level payments means the same amount (P+I) throughout the entire repayment of the loan. ================================================== Question: To be effective, good property management should begin: a. upon completion of construction. b. when expenditures have been made for property improvement. c. after the property has been acquired. d. before the property has been acquired. Answer: d. before the property has been acquired. Good management should have an opportunity to participate in the decision leading up to the acquisition of the property. ================================================== Question: In the event there is an encroachment on another's property, legal action must commence within: a. 6 months. b. 1 year. c. 3 years. d. 5 years. Answer: c. 3 years. Per statute of frauds. ================================================== Question: When a lender refers to a "nominal" interest rate, it means: a. points will be required because of the lower than normal rate. b. the maximum rate of interest allowed. c. the rate of interest specified in the promissory note. d. that the final rate of interest granted will be greater than the original commitment. Answer: c. the rate of interest specified in the promissory note. Usually, an annual amount, compounded more frequently, e.g., 15% compounded monthly, would deal with monthly payment periods. ================================================== Question: What is the written instrument used to create land use restrictions for the benefit of the owners in a new subdivision? a. Zoning ordinances b. Original subdivision deed c. Subdivision map d. Declaration of restrictions Answer: d. Declaration of restrictions A developer uses the declaration of restrictions to create deed restrictions. ================================================== Question: Functional utility in a building is most dependent upon: a. conditions of heating-cooling systems. b. desires of occupants. c. floor plan and equipment. d. area zoning. Answer: c. floor plan and equipment. ================================================== Question: A broker suggested to his sales staff that they seek new listings in an area where minorities have recently begun to move into. He also suggested that they take listings only from white owners, since they would most likely be sellers due to the fact that the minorities are "moving in." Regarding two possible areas of concern, (1) instructions to his sales staff; and 2) his discrimination regarding their seeking of listings from whites, the broker is in violation of the Fair Housing Act (guilty of discrimination) as follows: a. regarding (1) and (2). b. regarding (1), not (2). c. regarding (2), not (1). d. no violation. Answer: a. regarding (1) and (2). It is a violation to discriminate in any manner concerning race, color, religion, national origin, sex, or marital status. ================================================== Question: An appraiser, when using the reproduction cost method on property which has been improved with fences, shrubs, trees, lawns, and sidewalks, should always: a. evaluate each of these items separately. b. regard these items as part of the improvements. c. treat these items as a part of the land. d. consider them as having no influence on the appraisal. Answer: a. evaluate each of these items separately. A good comparative value can only be determined by treating each one of these items separately, thus enabling the appraiser to make a direct dollar adjustment for each item. ================================================== Question: Which of the following restrictions, set up by the developer of a subdivision (based on experience), would be the least likely to be enforced? a. Height restrictions (including number of floors) b. Minimum dollar amount expended for improvements on each lot c. Limitations on lot size d. Limitations on minimum square footage for improvement on each lot Answer: b. Minimum dollar amount expended for improvements on each lot Inflationary trends that vary make dollar amount limitations meaningless in a very short time, and, therefore, impossible to enforce. ================================================== Question: An investor has purchased an apartment building. She reports income on a cash basis, and will be allowed deductions for all but which of the following? a. Cost or redecorating b. Loss of rent due to vacancies c. Interest payments on 2nd loan d. Depreciation, even though the building is going up in value daily Answer: b. Loss of rent due to vacancies Loss of rent due to vacancies is not allowed as a deduction. ================================================== Question: Which of the answers makes the following statement true? No real estate salesperson may be licensed in the employ of a corporation real estate broker licensee, or perform acts for which a real estate license is required on behalf of the corporation, if: a. the salesperson, singly or together with other real estate salespersons licensed in the employ of the corporation, owns or controls, directly or indirectly, a majority of the outstanding stock of the corporation. b. the salesperson is a director or officer of the corporation. c. both a and b. d. none of the above. Answer: a. the salesperson, singly or together with other real estate salespersons licensed in the employ of the corporation, owns or controls, directly or indirectly, a majority of the outstanding stock of the corporation. There is only a corporate broker license, but major stock holders can buy or sell corporate real property. ================================================== Question: First time buyers are concerned as to how the lenders qualify prospective buyers regarding income. Lenders: a. look at the income of only the husband, even if the wife also works. b. look at husband's and half of the wife's income. c. look at half of husband's income and half of wife's income. d. look at all income from both husband and wife, including incomes other than from wages and salaries. Answer: d. look at all income from both husband and wife, including incomes other than from wages and salaries. All income is used for qualifying. This includes wages and any other form of income available—interest, dividends, trust payments, etc. Wives' incomes are no longer handled differently than husbands'. ================================================== Question: "A" has been given power of attorney for the purpose of selling "B's" house. Which of the following is NOT true? a. "A" cannot sell the property if "B" has recorded a homestead on it. b. Power of attorney must be recorded for "A" to sell the property. c. Power of attorney is terminated in the event "B" is declared incompetent and unable to enter into a legal contract. d. "A" may purchase the property, providing he/she pays a fair market value for the home. Answer: d. "A" may purchase the property, providing he/she pays a fair market value for the home. An attorney-in-fact cannot deed or convey the property to self. If he desires to purchase it, he/she must "give up" the power of attorney. ================================================== Question: As compared with other commodities, capital turnover in real estate investments is: a. slower. b. slightly above the average. c. faster. d. about equal. Answer: a. slower. Because of the large amounts of money involved, together with the fixed nature of real property, the turnover of capital is slower as compared with other commodities. ================================================== Question: A tax that the city could levy against a real estate brokerage firm, based on its gross receipts, would be: a. documentary tax stamps. b. a business license tax. c. a sales tax. d. a use tax. Answer: b. a business license tax. ================================================== Question: In evaluating agriculture properties, an appraiser would consider the overall effects of our economic growth during the past 50 years upon such properties. All of the following statements would be true, except: a. farmers' investments in equipment and storage facilities have expanded considerably since the 1940s. b. stables with stanchion spaces for cows are being replaced with sheds and milking facilities. c. value of the various buildings—living quarters, barns, hay, and straw baling storage facilities, etc.— is expressed in terms of value added to the property being appraised. d. the average individually owned farm size has shown a steady downward trend since the 1940s. Answer: d. the average individually owned farm size has shown a steady downward trend since the 1940s. With modern equipment, the acreage that one man can farm effectively has increased farm sizes, and large corporations have affected farm sizes. ================================================== Question: A real estate broker discloses the race of a buyer to the seller upon request of that information. Is the broker in violation of the law? a. Yes, because of specific federal and state legislation. b. Yes, this is a violation of current civil rights legislation per state attorney general's office. c. No, because agent is required to disclose all matters to his principal. d. No, as this has not been made the subject matter for specific legislation. Answer: b. Yes, this is a violation of current civil rights legislation per state attorney general's office. ================================================== Question: According to California law, real property securities include all of the following, except: a. any out-of-state subdivision offered for sale in California. b. promotional notes secured by any part of subdivision offered for sale in California. c. guaranteed notes or sales contracts. d. any transaction including real property as security for a loan. Answer: d. any transaction including real property as security for a loan. Ordinary real estate loans are not usually real property securities as defined by law. ================================================== Question: A real estate licensee attempted to solicit a listing in a neighborhood by stating to owners that "non-whites" would be moving into the neighborhood, causing property values to decrease. This conduct would be considered all of the following, except: a. blockbusting. b. illegal conduct. c. panic selling. d. acceptable practice. Answer: d. acceptable practice. The answer was for that which was NOT acceptable, or wrong ================================================== Question: The sale and leaseback of a property is a situation in which the buyer would have the least concern with the: a. lessee's credit rating. b. structural soundness of the building. c. book value of the property, less depreciation. d. location of the property. Answer: c. book value of the property, less depreciation. The seller, not the buyer, is affected by book value minus the depreciation charge. The other statements in the question would be of considerable concern to the buyer. ================================================== Question: Which of the following is smaller than a section? a. 1/36 of a township b. Sixteen 40 acre parcels c. 27,000,000 sq. ft. d. Lot 5000' X 6000' Answer: c. 27,000,000 sq. ft. 27,000,000 ÷ 43,560 = 620 acres. A section = 640 acres. ================================================== Question: When looking for records regarding chattel liens, you should go to the: a. Secretary of State. b. County Recorder. c. either a or b. d. none of the above. Answer: c. either a or b. Chattel (mortgage) - County Recorder; Security Agreement - Secretary of State. ================================================== Question: A broker's loan statement protects the: a. broker. b. trustee. c. trustor. d. beneficiary. Answer: c. trustor. Protects the borrower ================================================== Question: An appraiser must be careful to distinguish the fundamental purpose of the appraisal from which of the following? a. Appraisal procedures to be used b. Function for which the estimate of value is required c. Techniques he will use to determine his opinion of value d. All of the above Answer: d. All of the above ================================================== Question: An agent obtains a listing to sell a registered franchise from the owner. The sale will include both building and land. Before he begins servicing the listing, the agent must: a. file an application and receive a permit from the DRE. b. file an application for exemption of registration of the offering with the corporations commissioner. c. obtain a "cooperative" sales agreement from a stock broker. d. none of the above. Answer: d. none of the above. Those allowed to sell a nonexempt franchise are: (1) Real estate brokers; (2) Broker dealers or agents under the "securities law" licensed by the corporations commissioner; and (3) Person identified in application registered with the corporations commissioner for an offering of a California franchise. ================================================== Question: Owner-occupied homes in a residential area have an immediate effect on the local economy in which of the following ways? a. Property values would be maintained at a maximum. b. This situation would induce property speculation. c. Rental incomes would be at a maximum. d. There would be a lower occupancy turnover. Answer: d. There would be a lower occupancy turnover. Owner-occupied homes lend economic stability to a neighborhood and lessen the possibility of turnover. Property values are maintained at maximum figures over a long term, rental income is nonexistent, and property speculation is not attractive to investors. ================================================== Question: When selling a reasonably priced, well established home in a classy, suburban neighborhood, the broker would probably gain the most interest in: a. prestige. b. tax advantage. c. investment. d. need. Answer: a. prestige. Probably the best "guess" knowing so little about buyer motivations. ================================================== Question: An agent may represent both parties in a transaction, providing he: a. gets consent of both parties. b. informs both parties. c. discloses his commission agreement with both parties. d. all of the above. Answer: d. all of the above. These are all requirements for representing both the seller and buyer (dual agency). ================================================== Question: What is the monthly impound account payment for fire insurance for the following? Insured value = $100,000; Rate = $0.40 per $100; 3 yr. premium = 2.5 times annual rate. a. $25.78 b. $26.78 c. $27.78 d. $28.78 Answer: c. $27.78 Annual premium = $100,000 x (0.40) = $400.00; 3 year premium = $400 x 2.5 = $1,000; Monthly impound payment = $1,000 ÷ 36 = $27.78. ================================================== Question: If an out-of-state resident were to ask when the first installment of the county taxes becomes due, you should answer: a. December 10. b. November 1. c. March 1. d. July 1. Answer: b. November 1. First installment of county property taxes becomes due on November 1. ================================================== Question: A landlord is required to keep all but which one of the following in good order? a. Commercial rental property with certain commonly used areas for convenience of all tenants b. High-rise apartment building with extensive lobby and hallways c. Theater's lobby and restroom facilities d. Private dwelling leased for occupancy by one family Answer: c. Theater's lobby and restroom facilities Landlord may be liable where injury results from defective conditions of parts of premises over which landlord retains control. Landlord has a statutory duty to maintain dwelling house "fit for human occupation" by repairing conditions which render premises unlivable (except such that are caused by tenant's negligence). Generally, landlord is not liable where entire building is leased. Injuries to tenants (or invitees) resulting from defective conditions of areas such as lobby or restrooms are the responsibility of the tenant. ================================================== Question: The Gross Multiplier is an arbitrary number employed by appraisers in the evaluation of certain types of income property. It is calculated in which of the following ways? a. The confirmed sale price of the property is divided by the gross monthly rental. b. The gross monthly rental is divided by the appraised value of the property. c. The market value of the property is multiplied by the capitalization rate. d. The gross monthly rental is multiplied by the capitalization rate. Answer: a. The confirmed sale price of the property is divided by the gross monthly rental. The Gross Multiplier is a number used by appraisers to estimate the value of certain types of income property. When the gross monthly rental is multiplied by this number, the result is the actual sales price of the property. ================================================== Question: A property is owned by five persons in "joint tenancy." Which of the following actions would destroy the respective tenancy relationship? a. One tenant wills his interest to another. b. Judgment and writ of execution is rendered against a tenant. c. Another of the joint tenants places a trust deed against her interest. d. Lender completes a foreclosure action against a joint tenant, issuing a trustee's deed to the highest bidder. Answer: d. Lender completes a foreclosure action against a joint tenant, issuing a trustee's deed to the highest bidder. The new deed "breaks" two of the unities—TIME and TITLE. New owner with trustee's deed is tenant in common. ================================================== Question: Which of the following would be an example of "economic obsolescence"? a. No bathroom on first level of multilevel residence b. Eccentric design c. High tax rate d. Lack of normal, proper care Answer: c. High tax rate High taxes, resulting from excessive local improvement needs, would be an "outside" or "extraneous" situation or factor. ================================================== Question: Concerning FHA loans, all of the following statements are correct, except: a. level payments required. b. monthly payments of taxes and insurance for impound account. c. monthly budgeted payments suitable to buyer's pocketbook. d. provides maximum building standards. Answer: d. provides maximum building standards. FHA loans involve MPRs (minimum property requirements), not maximum building standards. ================================================== Question: In a situation whereby a deposit with an offer to purchase was in the form of a promissory note instead of cash or check, which of the following is NOT true? a. The contract is just as binding at the time of acceptance by both parties as if there were a cash deposit. b. Agent is required by law to make seller aware that he has received a nonnegotiable promissory note deposit, in lieu of cash or check. c. Failure of buyer to redeem note as required by purchase agreement is a violation of California real estate law. d. None of the above. Answer: c. Failure of buyer to redeem note as required by purchase agreement is a violation of California real estate law. The maker of a check represents there is money in bank to cover; maker of a note makes no such representation and failure to pay (redeem) is not a crime. ================================================== Question: A "Notice of Completion" benefits: a. contractors. b. laborers and material suppliers. c. lenders. d. owners. Answer: d. owners. With the filing of said "notice," owner shortens the time for mechanics' liens to be filed. ================================================== Question: When lessees pay one month's rent in advance of the lease period, accounting procedures regard this as: a. deferred expense for the lessor. b. deferred income for the lessor. c. accrued income for the lessee. d. accrued expense for the lessor. Answer: b. deferred income for the lessor. This is deferred income for the lessor because it is income received, but not yet earned. For income tax purposes, it is reported as income for the year in which it is received. Deferred expense indicates expense paid in advance, but not used. Accrued expense indicates expense owing, but not yet paid. ================================================== Question: A salesperson brought in an offer on an office lot listing for $18,500. The broker, when taking the listing, was informed by the seller that they would take $18,000. What must the broker do? a. Do nothing and close the deal at $18,000. b. Inform the buyer of the $18,000 acceptable price. c. Say nothing to the seller, and split the $500 equally with the selling salesperson. d. Present the $18,500 offer to the sellers for approval. Answer: d. Present the $18,500 offer to the sellers for approval. A salesperson must present all reasonable offers to the seller at the same time. ================================================== Question: SBM & BL, MDM & BL, HM & BL are abbreviations which have meaning to: a. Small Business Administration. b. County Recorder. c. Secretary of State. d. Points of interest for surveyors. Answer: d. Points of interest for surveyors. The three principal "base and meridian" intersections in California. ================================================== Question: If two lots were purchased for $9,900 each, then split into three lots and sold for $8,500 each, what is the percentage yield on the original purchase price? a. 26.79% b. 27.79% c. 28.79% d. 29.79% Answer: c. 28.79% Original purchase price = $9,900 x 2 = $19,800 Sale price of lots = $8,500 x 3 = $25,500 Profit on sale = $25,500 - 19,800 = $5,700 Yield = $5,700 ÷ $19,800 x (100) = 28.79% ================================================== Question: In real estate matters, the word "impound" most often means: a. attachment. b. judgment. c. principal and interest account with lender. d. reserve account for taxes and insurance with lender. Answer: d. reserve account for taxes and insurance with lender. Borrower applies monthly amounts of insurance premiums and taxes, which are available as necessary for the lender to pay these obligations. ================================================== Question: In order to maintain a "release schedule," the beneficiary of a blanket loan usually charges a higher proportionate payment amount to release each lot: a. to have better security on remaining lots. b. to protect against the better lots selling first. c. to protect the investment as individual lots are sold. d. all of the above. Answer: d. all of the above. Having more paid off (than proportionate) to release each lot sold will result in the entire loan being cleared before all the property is reconveyed. ================================================== Question: Unearned increment is considered in the appraisal of income producing property. Select the best example of unearned increment from the following: a. Unanticipated value increase due to circumstantial changes b. Mortgage interest c. Land depreciation d. Property maintenance Answer: a. Unanticipated value increase due to circumstantial changes If the value of a property increases through no efforts, thinking, or planning on the part of the owner, such an increase is called Unearned Increment. ================================================== Question: Jurisdiction over practices of unfair or discriminatory acts in housing matters belongs to the: a. Real Estate Commissioner. b. Labor Commission. c. Department of Housing. d. Fair Employment Practices Commission. Answer: d. Fair Employment Practices Commission. ================================================== Question: A broker is entitled to one-half of the commission plus all his costs when: a. a loan is denied due to the failure of a borrower to disclose pertinent factors relating to his qualifying. b. loan is not consummated due to failure of a lender to supply funds. c. never. d. none of the above. Answer: a. a loan is denied due to the failure of a borrower to disclose pertinent factors relating to his qualifying. ================================================== Question: The IRS considers a "dealer" as a person who holds interests in real property: a. for sale to customers. b. for investment. c. for production of income. d. none of the above. Answer: a. for sale to customers. A broker who buys and sells real property as inventory may be considered a dealer by the IRS and pays ordinary income taxes on any profit or loss. ================================================== Question: Personal assets of principals of which of the following are available to creditors for satisfaction? a. Corporation b. Limited Partnership c. Partnership d. None of the above Answer: c. Partnership A partnership does not protect principals' assets against creditor. For the limited partnership, only the general partner's assets would be vulnerable. ================================================== Question: Which represents the largest area? a. 1/10 of a township b. miles square c. square miles d. sections Answer: b. miles square 2 mi. sq. = 2 mi. x 2 mi. = 4 sq. mi. 1/10 of section = (.10) x 36 sq. mi. = 3.6 sq. mi. 3 sections = 3 x (1 sq. mi.) = 3 sq. mi. 2 sq. mi. = 2 sq. mi. ================================================== Question: Depth tables are used by appraisers as a tool to: a. show the depth of water in arid areas. b. determine the value of commercial properties on which the lots vary in depth. c. facilitate the calculation of interest payments on declining balances. d. determine the relationship between beach properties and high-tide elevations. Answer: b. determine the value of commercial properties on which the lots vary in depth. If lots have the same front footage, a shallow lot is less valuable than a deep lot. When evaluating commercial properties, appraisers use Depth Tables to estimate the relative value of lots which vary from a normal depth. ================================================== Question: A property for sale is listed at $120,000 and has an outstanding assessment bond of $1,200. At time of sale, for tax purposes, the basis for taxes would be: a. $121,200. b. $118,000. c. $120,000. d. indeterminable from information. Answer: a. $121,200. ================================================== Question: FHA programs have caused the "quality" of homes to be improved because the FHA: a. grants quality home loans. b. insures home loans. c. requires "maximum building standards" (MBS). d. none of above. Answer: d. none of above. The FHA establishes minimum property requirements (MPRs) that, in most situations, are more demanding than State Housing Law or local building code requirements. ================================================== Question: When a real estate licensee has been accused of a Code violation, the initial step for the Commissioner in initiating the hearing procedure would be to: a. require complainant to file testimony at the hearing. b. bring charges against licensee. c. serve the accused licensee with the accusation. d. file a complaint against the licensee. Answer: c. serve the accused licensee with the accusation. ================================================== Question: Relative to requirements for establishing "planning commissions," they: a. may be established in cities, must be established in counties. b. must be in cities, may be in counties. c. must consist of members with experience in appraisal of real estate. d. both cities and counties must appropriate funds for establishing planning commissions. Answer: d. both cities and counties must appropriate funds for establishing planning commissions. It is mandatory that funds be available and the commissions formed. ================================================== Question: Mr. and Mrs. Yearsley, a married couple, purchased a home for $300,000 in 2003. They sold the home for $500,000 in 2006, and were exempt from capital gains taxes. How many years must the Yearsleys have resided on the premises to qualify for this exemption? a. Six months b. One Year c. Two years d. None of the above Answer: c. Two years 2 years. ================================================== Question: If the purchasing power of the dollar decreases, the price of property _______________. If the purchasing power of the dollar increases, the price of property _______________. In both cases, the value of the property _______________. a. increases, decreases, increases b. decreases, increases, increases c. decreases, decreases, increases d. increases, decreases, could remain the same Answer: d. increases, decreases, could remain the same When the purchasing power of the dollar decreases, prices increase. When the purchasing power of the dollar increases, prices decrease. When measuring the value of a commodity as a reflection of such changes in the purchasing power of the dollar, it can be said that for example, the value of a home, which sold for $39,000 in 1958, could have the same value in 1995 at a selling price of $120,000. ================================================== Question: By definition, a planned development is where: a. owners of separately owned lots have another ownership in common in one or more additional lots in the development. b. owners of separately owned lots (home and site) also own in common with other owners in the development the common grounds, facilities, parking lots, etc. through an "owners association." c. a development having been totally approved throughout the entire city/county planning department. d. none of the above. Answer: b. owners of separately owned lots (home and site) also own in common with other owners in the development the common grounds, facilities, parking lots, etc. through an "owners association." ================================================== Question: Which of the following would be most like an easement appurtenant? a. Easement in gross b. Attachment c. Stock in a mutual water district d. Lease Answer: c. Stock in a mutual water district Easements appurtenant cannot be separated from the land, as the stock in a mutual water company cannot be split from ownership. ================================================== Question: Which of the following would issue a CRV when asked to approve a new loan? a. Savings bank b. Department of Veterans Affairs c. FHA d. VA Answer: d. VA CRV is a "certificate of reasonable value," a VA appraisal. ================================================== Question: Under the Manufactured Home Act, which of the following would NOT be grounds for disciplinary action? a. Agent fails to withdraw advertising on unit within 48 hrs. after receipt of notice of its sale. b. Agent advertises new manufactured home as used, since he can only work with units that have been registered with DRE for at least one year. c. Agent represents that the manufactured home is capable of being operated as a vehicle on California roads, if the unit does not meet all applicable equipment requirements for such operation. d. None of the above. Answer: d. None of the above. Because a, b, and c are all grounds for disciplinary action ================================================== Question: An office building purchased for $200,000 with 25% down and 75% financed, had $1,500 per month payments with 12% annual interest. Ten years later, the property sold for $400,000. What is the owner's equity at the sale (includes original investment)? a. $100,000 b. $150,000 c. $200,000 d. $250,000 Answer: d. $250,000 Since monthly payment included "interest only," there was no principal reduction. Therefore, $400,000 - 150,000 = $250,000 equity. ================================================== Question: If a lessor wanted a long-term, uncomplicated income from a sale-leaseback arrangement, the type of lease best fitting this requirement would be a: a. step up. b. percentage. c. net. d. none of the foregoing. Answer: c. net. The lessor receives a net amount as rental, whereas the lessee, or tenant, pays for taxes and insurance and handles all maintenance problems. This is a simplified arrangement for the lessor. ================================================== Question: Which of the following is a "penalty payoff"? a. VA loan origination fee b. FHA loan origination fee c. 2% fee on Cal-Vet loan d. All of the above Answer: c. 2% fee on Cal-Vet loan VA and FHA loans have no prepayment penalty provisions. Cal-Vet does allow a prepayment penalty charge of 2% of the outstanding loan balance, if the loan is paid in full within 2 years of its origin. ================================================== Question: An acquired right to use and enjoy that a person may have on land of another is known as a(n): a. easement. b. devise. c. lease. d. riparian right. Answer: a. easement. ================================================== Question: Which of the following would be considered publicly assisted housing? a. Property purchased with FHA insured loan. b. Property purchased with government assistance. c. Property receiving tax exemption (other than Veterans). d. Both a and b. Answer: d. Both a and b. Generally, "public" assistance means "government" assistance. ================================================== Question: Who is responsible for properly working sewer systems in a community? a. Real Estate Commissioner b. Homeowner c. Subdivider d. Health officer Answer: d. Health officer ================================================== Question: A principal gives a broker $50,000 with which to purchase 2nd notes and trust deeds. He stipulates that he must receive a minimum of 18% on his investments, after broker's expenses. Broker states that if notes do not yield the investor his 18%, he will make up the difference. If the investor accepts this offer, the broker: a. must post a bond. b. broker's license is all that is required. c. broker is in violation of California law. d. none of the above. Answer: a. must post a bond. Since broker "guarantees" yield, he is selling real property securities and would need to post a $5,000 bond. ================================================== Question: If other factors are equal, and if the areas of living space are comparable, how are the costs of a two-story house and a one- story house related? a. There is no cost relationship between the two types of houses. b. The cost factors are equal. c. It is more costly to build a two-story house. d. It is less costly to build a two-story house. Answer: d. It is less costly to build a two-story house. For a given square footage of living space, a two-story house is less costly than a single story house because certain basic factors are reduced by 50%; for example, heating ducts, roof area, lateral plumbing lines, and foundations. ================================================== Question: The Real Estate Commissioner has the power to investigate, suspend, or revoke the license of a licensee when that person has been found guilty of: a. using a false or fictitious name, knowingly made false statements in any application for registration of a manufactured home as a vehicle. b. submitting a check, draft, or money order to the Dept. of Motor Vehicles for any obligation or fee due the State, which was thereafter dishonored or payment refused upon presentation. c. both a and b. d. none of the above. Answer: c. both a and b. ================================================== Question: An investor purchased a property for 10% less than the listed price, then resold it for the previously listed price. What was the percentage profit? a. 9% b. 10% c. 11% d. 12% Answer: c. 11% MADE divided by PAID = RATE ================================================== Question: A piece of lumber that is 2" x 12" x 24 ft. contains how many board feet? a. 36 b. 48 c. 60 d. 72 Answer: b. 48 2" x 12" x (24 x 12) = 2 x 12 x 288 ÷ 144 = 48. ================================================== Question: Which of the following represent the four unities of market value? a. Time, title, interest, possession b. Possession, encumber, will, sell c. Demand, utility, scarcity, transferability d. Location, demand, financing, interest Answer: c. Demand, utility, scarcity, transferability Remember: D-U-S-T. ================================================== Question: All but one of the following constitutes completion for purposes of filing a mechanic's lien: a. cessation of labor for 60 days. b. acceptance and possession of structure by owner. c. filing of notice by owner. d. cessation of labor for one month on any form of home improvement. Answer: d. cessation of labor for one month on any form of home improvement. Cessation for 30 days must accompany an owner's filing of the "notice of cessation." ================================================== Question: Which of the following approaches would an appraiser use in determining today's value of a single-family residence, which was built around 1930? a. He would refer to a cost index and adjust for changes over the years. b. Draw a conclusion from comparable sales figures in 1930. c. He would use today's replacement costs and adjust for depreciation accordingly. d. He would use 1930 construction costs as a starting point for his calculations. Answer: c. He would use today's replacement costs and adjust for depreciation accordingly. The simplest and most feasible approach would be to use today's replacement costs and to make allowances for any recognizable depreciation in determining the value of the property. ================================================== Question: The following are all correct concerning a valid homestead, except: a. the declarant must reside on property at time of declaring. b. the declarant must give a description of the property. c. the declarant must be married at the time of declaring. d. all of the above Answer: c. the declarant must be married at the time of declaring. The declarant need not be married to file/declare. ================================================== Question: In order to maximize return for his efforts during a tight money market, a real estate broker would best direct his efforts into: a. sale of single dwellings, with assumption of existing loans. b. property exchanging. c. sale of recreational properties. d. sale or leasing of income property. Answer: b. property exchanging. Exchanges most frequently would require minimal new, or refinancing, exchanging equities. ================================================== Question: When a deed is recorded: a. title always passes. b. possession is granted. c. presumption of delivery arises. d. none of above. Answer: c. presumption of delivery arises. Deed must be delivered to be effective. It is logical the grantor intended delivery if the signed and had it acknowledged by a notary public. ================================================== Question: A land developer should initially: a. acquire the land. b. do a cost analysis. c. do a market analysis. d. determine the development costs. Answer: c. do a market analysis. Otherwise referred to as a "feasibility" study, which will help determine if this or other alternatives should be pursued. ================================================== Question: Which of the following is NOT real property? a. Giant redwood tree growing in yard b. Stock in mutual water company c. Owner has removed fence, stacking the wood on the ground d. None of above Answer: c. Owner has removed fence, stacking the wood on the ground Wood stacked on ground is personal property; the redwood tree is growing in the ground, and stock in the mutual water company is appurtenant to the real property. ================================================== Question: If an appraiser observes wide cracks in the walls of a basement, he will attribute the probable cause to: a. normal curing of the concrete. b. settling of the house. c. weakening joists. d. deterioration due to moisture. Answer: b. settling of the house. Settling of the house on its foundations would cause such wide cracks. The other answers would not have this effect. ================================================== Question: All of the following are essential elements to claim an easement by prescription, except: a. payment of taxes for 5 years. b. open and notorious use for 5 years. c. use is hostile to owner. d. claim or right. Answer: a. payment of taxes for 5 years. Payment of taxes is tied to taking title by "Adverse Possession." ================================================== Question: A property was sold on a real estate sales contract. Subsequently, the buyer refused to make required payments, breaching the agreement. The seller may take which of the following courses of action? a. Unilateral rescission b. Action for damages c. Action for specific performance d. All of the above Answer: d. All of the above All courses of action listed are open to the seller. ================================================== Question: What is the area of the parcel described as follows: NW¼ of the SE¼ and the W½ of the NE¼ and the NE¼ of the NW¼ of Section 13; plus, to this add the SE¼ of the SW¼ and the SW¼ of the SE¼ of Section 14? a. 200 acres b. 160 acres c. 120 acres d. 240 acres Answer: d. 240 acres Remembering that each section = 640 acres; (1) each quarter of that would equal 160 acres; (2) ½ a quarter = 80 acres; ¼ a quarter = 40 acres. Then: (Section 13) NW¼ of the SE¼ = 40 acres; W½ of the NE¼ = 80 acres; NE¼ of the NW¼ = 40 acres. (Section 4) SE¼ of the SW¼ = 40 acres; SW¼ of the SE¼ = 40 acres. Total Acres = 240. ================================================== Question: At the time of his death, Broker "A," a licensed real estate broker, had 18 listings in his possession. He left his entire estate to a son, "B," who also is a licensed real estate broker. If "B" desires to collect any commissions on the sales of any of the 18 listings, he must: a. take "quiet title" court action to authorize collection. b. notify each owner that the commissions would be payable to him in lieu of his father. c. do nothing. d. renegotiate new listing contracts with each of the 18 owners. Answer: d. renegotiate new listing contracts with each of the 18 owners. Upon death, the listing contract (for personal service) would terminate. Had the father been incorporated, the renegotiation would not be necessary, as the corporation does not die. ================================================== Question: An appraiser's final step in estimating value is to correlate the three indications of value obtained through the cost, income, and market data approaches. The final estimate of value is obtained by: a. averaging the three values. b.assigning weights to the three individual values ("reconcile"*), and then averaging those values. c. both a and b. d. none of the above. Answer: d. none of the above. There is no "averaging" used in correlating value estimates by appraisers. The final step is to estimate value through correlation by placing more emphasis on the approach that appears to be most accurate. ================================================== Question: An investor constructs an office building and soon discovers that he can only rent a small percentage of the office space. Also, the electrical, plumbing, cooling, and heating systems are found to be oversize. This is an example of what kind of obsolescence? a. Incurable locational b. Curable functional c. Curable economic d. Incurable functional Answer: d. Incurable functional If such an office building has excessive capacity and more-than-adequate facilities, it will suffer a loss of value due to functional obsolescence, which is incurable. Economic obsolescence creates a loss of value due to causes outside the building. ================================================== Question: Broker "U" receives a $5,000 deposit with an offer to purchase one of your personal listings priced at $100,000. The escrow is to close in only one week. The seller has previously agreed to pay you a $5,000 commission for any sale he can get on this property. Seller now instructs you to place the deposit into escrow. You (broker) should: a. put the $5,000 into escrow with instructions to escrow to pay this amount back to you at closing. b. put $5,000 into your broker trust account. c. keep the $5,000 in the office (locked in your desk drawer) until the seller comes by to sign papers related to the sale. d. put $5,000 into escrow. Answer: d. put $5,000 into escrow. Only one obvious solution. When in doubt, follow directions of the principal. ================================================== Question: A purchaser of a home could not complete a legal contract because of which of the following? a. Did not have sufficient cash for down payment and costs b. Is not a citizen c. Is not yet "of age" (is 17 years old) d. None of the above Answer: c. Is not yet "of age" (is 17 years old) Lacks essential element of contract—capacity. ================================================== Question: "Placement of a home on a lot" best matches: a. option. b. avulsion. c. dedication. d. plot plan. Answer: d. plot plan. Plot plan is planning the most advantageous place on a parcel of land for an improvement to be located. ================================================== Question: Which of the following lenders tends to give the longest term on loans? a. Banks b. Insurance companies c. Private individuals d. Savings banks Answer: b. Insurance companies Life insurance companies will generally give the longer term, sometimes 30 years. ================================================== Question: When an investor purchases income property, he should realize that there will be certain expenditures for upkeep, replacement, and management designed to produce greater income. When the point is reached, beyond which adding to improvements will not result in increasing returns, this is an example of the principle of: a. conformity. b. diminishing returns. c. supply and demand. d. substitution. Answer: b. diminishing returns. ================================================== Question: No provision is made for which of the following elements in the calculation of a capitalization rate during an appraisal of income property? a. Income taxes and mortgage payments b. Return on Investment c. Return of Investment d. Depreciation on the improvements Answer: a. Income taxes and mortgage payments Capitalization rates include only return of investment and return on investment. Depreciation is associated with return of investment. Taxes are not a factor in computing capitalization rates. ================================================== Question: When an appraiser is concerned about "equilibrium" and "decline," he is working with one of the three sub-principles of which of the following? a. Principle of Substitution b. Principle of Supply and Demand c. Principle of Highest and Best Use d. Principle of Change Answer: d. Principle of Change Relative to the Sub-Principle of Integration and Disintegration, (1) Integration (development); (2) Equilibrium (static state); (3) Disintegration (decline or decay). ================================================== Question: Which of the following is not included in the "Principle of Balance"? a. Land b. Management c. Capital d. Depreciation Answer: d. Depreciation The 4 ingredients involved in the production of income are: labor, capital, management, and land. ================================================== Question: An owner, desiring to sell his residence, demands that the words "property is offered without respect to race, creed, national origin, etc." be omitted from his listing agreement. The broker should: a. ignore the seller's request and take the listing. b. suggest that under those terms, the seller should sell himself. c. refuse to show the property to minorities. d. none of the above. Answer: b. suggest that under those terms, the seller should sell himself. A licensee must refuse to take a listing that discriminates. ================================================== Question: A cattle rancher purchased the following two parcels of land for grazing pasture. How many feet of wire will be required to enclose the entire pasture? Descriptions: E½ of the SE¼ of the SE¼ of the NW¼ and the W½ of the SW¼ of the SW¼ of the NE¼ of Section 34. a. 4,620' b. 3,300' c. 2,640' d. 1,980' Answer: c. 2,640' The parcels are 5 acres each, and join to form a square parcel, with a total of ten acres. Therefore, 10 acres = 43,56 0 sq. ft x (10) = 435,600 sq.ft. By taking the square root of the area, a side length = 660 ft. 660 ft. x 4 = 2,640 ft. Alternative: Comparing sides of the 10-acre parcel and the section, the parcel side represents 1/8 of the length of the section side (there could be eight such parcels along the section side). Therefore, a section side = 1 mile = 5,280' and the side of the parcel = 5,280' ÷ 9 = 660'. With four sides, the wire needed = 4 x 660' = 2,640'. 4 ================================================== Question: A broker has the listing on a seller's home (exclusive agency), and has expended much time, money, and effort in attempting to generate a sale. While the listing is still in force, the seller sells the property herself to a coworker. The broker would b e entitled to: a. costs and expenses. b. 1/2 the normal commission agreed on. c. no commission. d. full commission per listing agreement. Answer: c. no commission. In an "exclusive agency agreement," the seller reserved right to sell herself without paying any commission to the broker. ================================================== Question: Which of the following is not an example of functional obsolescence? a. Excessive strength in the foundation members and exterior walls b. Excessive number of partitions in an office building c. Proximity to a chemical plant, which gives off noxious fumes d. Archaic architectural design Answer: c. Proximity to a chemical plant, which gives off noxious fumes Proximity to a chemical plant is a form of economic obsolescence, since the cause lies outside the property. The other answers represent functional obsolescence, since they are within, or are inherent to, the property. ================================================== Question: An easement held by the power company for erecting poles and lines as required is an easement: a. personal. b. appurtenant. c. in gross. d. prescriptive. Answer: c. in gross. ================================================== Question: For a given loan amount, with a specified interest rate, which of the following would result in lower monthly costs to a borr ower? a. FHA loan b. VA loan c. Conventional loan (90% of value), which requires an additional ¼% monthly private mortgage insurance d. None of the above Answer: b. VA loan Both FHA and conventional loans require extra monies for insurance premiums; VA guarantees its loans, requiring no insurance for the borrower to pay. ================================================== Question: Any person in whom the title of real estate is vested, who afterwards has a name change must: a. change all recorded documents to reflect the change, immediately. b. sign any subsequent conveyance with latest name, including maiden name. c. set forth the name in which such person derived title, in subsequent conveyances. d. none of the above. Answer: c. set forth the name in which such person derived title, in subsequent conveyances. Must either grant title in the identical name originally taken, or refer to such former name. For example: Where a single woman received title as Mary Smith, and later marries, she should grant as "Mary Smith Jones, formerly Mary Smith." ================================================== Question: A seller sold a property taking back a note and trust deed for $20,000 as a part of the purchase price. He later desired to purchase a lot on which he could build a home and needed $9,000 to buy the lot. He borrowed the money from the bank, giving the $20,000 note and T.D. as security, which was considered to be a: a. chattel mortgage. b. holding agreement. c. pledge. d. purchase money loan. Answer: c. pledge. Pledge - depositing of personal property (note and TD) by a borrower with a creditor (lender) as security for a debt (loan). ================================================== Question: In the condominium concept, one buys a common interest in the common areas and an exclusive interest in a particular unit. Which of the following is NOT correct about condominiums? a. Can be part of an office building b. Can be only a "life estate" with right of survivorship c. Owner has interest in real property d. Can be liened generally or specifically Answer: b. Can be only a "life estate" with right of survivorship Key word - "only" ================================================== Question: If each of the following properties was purchased for $150,000, which would make provision for the most dollars of allowable depreciation? a. A farm b. An apartment building c. A commercial property d. An industrial property Answer: b. An apartment building In this example, the apartment building would probably use the least amount of the cost basis for land value. This indicates that the largest portion of the $150,000 would be depreciated. ================================================== Question: For a buyer in a new subdivision, which of the following would provide the least amount of protection against loss in value in the subdivision? a. Zoning b. Newness c. Natural barriers d. Private restrictions. Answer: d. Private restrictions. Typically, by limiting use, etc. ================================================== Question: Sellers sold their residence and closed escrow on Oct. 15. Taxes on the property were $1,400 per year and had not been paid since payment of the last installment of the preceding tax year. What will their tax proration for this escrow be? a. Credit $408 b. Credit $467 c. Debit $408 d. Debit $467 Answer: c. Debit $408 Taxes were paid through June 30th. Sellers owe for 3½ months, namely July, Aug., Sept. and one -half of Oct. A charge is a "debit." Amount = $1,400 ÷ 12 x 3.5 months = $408.33 = $408. ================================================== Question: Which of the following defines a "blind ad"? a. Neither sale price nor terms of property are included in the ad. b. Licensee does not include address of property in the ad. c. Licensee does not reveal that the ad was placed by licensee. d. None of the above. Answer: c. Licensee does not reveal that the ad was placed by licensee. When agent advertises customer's home, but does not reveal the ad was placed by a licensee. Be safe, say, "Agent, 345-6789" or name the company. ================================================== Question: A borrower negotiates a $4,500 loan secured by a 2nd trust deed through a broker. The loan was to be for a term of 2 years. What is the maximum commission the broker can charge for services? a. $450 b. $225 c. $675 d. None of the above Answer: a. $450 For junior trust deed, under $10,000 for 2 to 3 years = 10% $4,500 x 10% (.1)= $450. ================================================== Question: Under a real property sales contract, buyer is considered to be a(n): a. lessee. b. tenant in common. c. equitable owner. d. vendor. Answer: c. equitable owner. No title passes, but buyer is equitable owner of the property. Should record a "memorandum of agreement" or land contract to give constructive notice. ================================================== Question: Which of the following would be an example of economic obsolescence? a. Exorbitant tax rates for civic improvements b. Old fashioned design features c. Deferred maintenance d. Only one bathroom in a two-story residence Answer: a. Exorbitant tax rates for civic improvements Economic obsolescence is caused by extraneous factors. A high tax rate would be such a factor. The other factors are contained within the property. ================================================== Question: You wish to purchase 2 acres of property for which you will pay up to $1.13 per square foot. The purchase price (maximum) would be: a. $87,650. b. $984,456. c. $98,445.60. d. $49,222.80. Answer: c. $98,445.60. 2 acres x 43,560 = 87,120 sq. ft. 87,120 sq. ft. x $1.13 per sq. ft. = $98,445.60 ================================================== Question: A piece of lumber 4" x 4" x 6' is how many board feet? a. 6 b. 8 c. 10 d. None of the above Answer: b. 8 4" x 4" x 12" x 6' ÷ 144 = 8.0 board feet. ================================================== Question: Which of the following statements is NOT correct? a. A Cal Vet loan is a guaranteed loan. b. An FHA loan is an insured loan. c. A VA loan is a guaranteed loan. d. A conventional loan is not backed by any governmental agency. Answer: a. A Cal Vet loan is a guaranteed loan. Cal Vet loans are "land contracts" with the state holding title. ================================================== Question: If a deposit receipt does NOT contain a legal description of the property to be purchased, it would be: a. illegal. b. unenforceable. c. voidable. d. none of the above. Answer: d. none of the above. Adequate description of the subject property would be sufficient. The title company will require "legal" to insure the sale. ================================================== Question: By what method does a tenant rent out his apartment if he has a leasehold interest in the apartment? a. Assign b. Sublet/Sublease c. Transfer d. Suffrage Answer: b. Sublet/Sublease A "sublease" is a lease given by a tenant. ================================================== Question: When an appraiser evaluates real property, his concept of annual, or periodic, depreciation applies to which of the following? a. Actual life b. Economic life c. Physical life d. Theoretical life Answer: b. Economic life Ordinarily, a loss in value is considered on an annual basis. Economic life treats such loss, whether accrued or future, at a periodic rate. ================================================== Question: A request for a "Notice of Default" on a first trust deed is for the benefit of the: a. trustor. b. vendee. c. trustee. d. beneficiary on the junior loan/second trust deed. Answer: d. beneficiary on the junior loan/second trust deed. A beneficiary of any junior note and trust deed would benefit from such a notice, in a timely fashion, so that he will have sufficient time to take necessary measures to protect himself during the reinstatement period. ================================================== Question: In a subdivision, which of the following would NOT be a blanket encumbrance? a. Trust Deed b. Subdivision lot improvement assessment c. Mechanic's lien d. None of the above Answer: b. Subdivision lot improvement assessment Would be levied against each and every lot in the subdivision separately. ================================================== Question: Which of the following is primarily responsible for the considerable increase in low cost rental housing for low income groups? a. Federal Housing Administration b. Public Housing Administration c. State Housing Act d. Urban Renewal Service Answer: b. Public Housing Administration ================================================== Question: A broker agrees to manage a client's investment portfolio ($85,000) of 1st trust deeds. If broker guarantees a return of 11% on the investments, he: a. must provide a bond. b. must obtain a loan broker's license. c. would be violating "Regulation Z." d. would be violating usury laws. Answer: a. must provide a bond. Must obtain a Real Property Security Dealer's Endorsement, which requires him to provide a bond ($5,000). ================================================== Question: A loan (trust deed) held by an individual is: a. a chattel real. b. real property. c. a real chattel. d. personal property. Answer: d. personal property. A loan or trust deed is a lien; chattel real or real chattel are technical names for leasehold estates. ================================================== Question: By definition, economic obsolescence would not apply to which of the following? a. Location of a government building adjacent to the property b. Neighborhood reconstruction projects c. Antique fixtures in a building d. Regulatory changes Answer: c. Antique fixtures in a building The antique fixtures would represent functional obsolescence, not economic obsolescence. ================================================== Question: All of the following are used in the purchase of residential properties, except: a. Cal-Vet. b. VA approved lenders. c. Commercial banks. d. FHA approved lenders providing insured FHA Title I and Title II loans. Answer: d. FHA approved lenders providing insured FHA Title I and Title II loans. FHA Title I loans are for home improvement. ================================================== Question: The normal method of disposing of government property is by: a. sealed bids. b. negotiated sale. c. auction. d. predetermined prices. Answer: c. auction. ================================================== Question: Adam purchased a residence for $180,000 and made $20,750 in capital improvements. He sold the house for $200,000 and moved into an apartment on a 3-year lease. What kind of tax effect would this sale have? a. Capital gain of $750 b. Capital loss of $750 c. Capital loss of one-half of the $750 d. No effect Answer: d. No effect Cannot declare loss on personal residence. ================================================== Question: A married woman purchased a business with separate funds, and subsequently decided to obtain a liquor license. She: a. must apply to the Department of Alcoholic Beverage Control. b. must apply to the Franchise Tax Board. c. must apply, with her husband, to the Board of Equalization. d. must apply, with her husband, to the Alcoholic Beverage Control Department. Answer: d. must apply, with her husband, to the Alcoholic Beverage Control Department. The "ABC" controls issuing liquor licenses. When a married person applies, bot husband and wife must apply together. ================================================== Question: An investor purchased an income property at $200,000, with a capitalization rate of 10%. If the next income increased by 10% (with NO additional expense), and the "cap" rate increases to 12%, the new value of the property would be: a. $220,000 b. $265,000 c. $299,000 d. $183,333 Answer: d. $183,333 $200,000 x 10% (.10) = $20,000 net income $20,000 + 10% = 20,000 + 2,000 = $22,000 new net income Value = Income divided by "cap" = $22,000 ÷ (.12) = $183,333 ================================================== Question: Economic obsolescence would be created by which of the following? a. Old fashioned ceiling heights b. Poor architectural arrangement of floor space c. Inadequate parking facilities d. An excessive number of similar properties available in the area Answer: d. An excessive number of similar properties available in the area Economic obsolescence is created by causes lying beyond, or outside, the property. An oversupply of similar, or competitive, units in the same area fits this parameter. The other answers to the question represent deficiencies in the property itself. ================================================== Question: An owner of a business property sold the property and then "leased it back." Which of the following factors was most advantageous for the owner/lessee? a. Was relieved of property management. b. Has an improved tax situation, with all rent payment being deductible from income. c. Does not have to be concerned about property taxes on the building in the future. d. Now has more working capital at his disposal. Answer: d. Now has more working capital at his disposal. Probably the best answer in most situations. ================================================== Question: A soil pipe is used in: a. irrigation. b. soil conservation. c. soil depletion. d. sewers. Answer: d. sewers. A soil pipe is used to carry waste and sewage from a property. ================================================== Question: In determining local property taxes on a property: a. assess land and improvements separately, then multiply each by a different rate. b. assess separately and then multiply total by one tax rate. c. assess together, they multiply each by a different tax rate. d. assess together, then multiply by one tax rate. Answer: b. assess separately and then multiply total by one tax rate. Land value + Improvement value = Total Value Tax = Total Value x Tax Rate. ================================================== Question: For which of the following could a deduction for income tax purposes be taken when unimproved land is held for investment? a. Depreciation b. Loss on the sale of land c. Short-term capital gains d. None of the above Answer: b. Loss on the sale of land IRS does allow capital losses deductions for land held for investment. NOTE: Land does not wear out; therefore, there is no depreciation. ================================================== Question: The grantor is the: a. buyer. b. seller. c. renter. d. lender. Answer: b. seller. The grantor is the one who signs the deed. ================================================== Question: Depreciation is a factor least affected by which of the following statements? a. A change in value resulting from inflation or other positive economic forces b. Obsolescence resulting from adverse external changes in the neighborhood c. Value deterioration due to action of natural elements d. Obsolescence due to faulty design or inferior quality of construction Answer: a. A change in value resulting from inflation or other positive economic forces "a" represents an unearned increment, or increase in value, due to external causes. It is not a depreciating factor, whereas the other answers to the question are all depreciating elements. ================================================== Question: An option is given to an optionee for a $1,000 consideration. All the following are true statements, except: a. the optionee has a legal interest in the property. b. the consideration is valid. c. the optionor must sell the property. d. the optionee has no obligation to purchase. Answer: a. the optionee has a legal interest in the property. The optionee merely has the right to buy the property under agreed upon conditions. ================================================== Question: California law opposes the practice of discrimination due to race, color, religion, national origin, or ancestry in public assisted housing accommodations. Discrimination in which of the following cases would be in violation of this code? a. In houses receiving tax exemptions (exception VA) b. On land purchased for less than value due to state or local sale pursuant to Federal Housing Act of 1949 c. Housing in multiple dwellings financed with federally insured or guaranteed funds d. All of the above Answer: d. All of the above Where government money is involved, no discrimination of any kind is allowed. ================================================== Question: The punishment for any persons who violate the "kickback" provisions of R.E.S.P.A. may be: a. not more than a $10,000 fine. b. one year in prison. c. both a and b. d. none of the above. Answer: c. both a and b. ================================================== Question: Which of the following can make withdrawals from the broker's trust account? a. Sales associates employed by broker b. Corporate officers of licensed real estate corporation c. Bonded unlicensed employees of broker d. All of the above Answer: c. Bonded unlicensed employees of broker Remember, the person must have authorization from the broker to withdraw from the account. Brokers and unlicensed employees under a fidelity bond. ================================================== Question: Re-zoning ordinances, attempting to rid an area of nonconforming uses, may require all of the following conditions, except: a. allowing reasonable time, within which abuses may be eliminated. b. prohibition of expansion. c. prohibition of rebuilding. d. retroactive zoning ordinances. Answer: d. retroactive zoning ordinances. Other answers are used frequently to gradually decrease non-conforming areas. ================================================== Question: An investigation of a certain building reveals that there is a serious deterioration of the foundation and supporting beams in the basement. An appraiser would classify this type of defect as: a. curable physical deterioration. b. incurable physical deterioration. c. curable functional obsolescence. d. incurable functional obsolescence. Answer: b. incurable physical deterioration. In this context, this type of physical deterioration is classified as incurable because it is not economically profitable to replace, or to cure, the conditions as of the date of the appraisal. ================================================== Question: In a partnership, if one of the partners dies, the surviving partner: a. cannot transact any partnership business by himself until heirs of the estate are able to assume responsibility. b. becomes a partner with the heirs. c. cannot transact any partnership business as death conceals the partnership. d. becomes exclusive manager of the partnership business, and retains the title to the partnership property until he winds up the partnership business. Answer: d. becomes exclusive manager of the partnership business, and retains the title to the partnership property until he winds up the partnership business. ================================================== Question: A real estate syndicate ownership may take the form of a: a. corporation. b. real estate investment trust. c. limited partnership. d. all of the above. Answer: d. all of the above. "Syndicate" has no precise legal significance, and organizational structure is set-up by the syndicator. "Limited partnership" is most frequently used for real estate syndicates. ================================================== Question: California law requires a subdivider to notify the Real Estate Commissioner whenever there is a material change after the "final public report" has been issued. Which of the following would be considered a material change? a. Price increase b. Broker given exclusive listing c. Sale of six units to developer d. All of the above Answer: c. Sale of six units to developer Upon sale of five (5) units or more, to same buyer, the subdivider and new purchaser must report this change to the Commissioner. ================================================== Question: California State sales tax applies to: a. food products. b. real property. c. tangible property. d. all of the above. Answer: c. tangible property. Tax is imposed upon retailers for sales of tangible personal property at retail. Items typically exempt are: food, drugs, certain necessities, and property subject to excise tax—liquor and gasoline. ================================================== Question: A landlord does NOT have to file a notice to terminate when tenancy is: a. an estate for years. b. estate for year-to-year. c. periodic. d. estate at suffrage. Answer: a. an estate for years. An estate for years ends at previously agreed upon termination date. ================================================== Question: A change in the flight patterns of an airport creates excessive noise over an apartment building. This results in increased vacancies and loss of property value. This loss of value would be called: a. functional obsolescence. b. ecological obsolescence. c. physical deterioration. d. economic obsolescence. Answer: d. economic obsolescence. Economic obsolescence results from adverse factors beyond the confines of the property. ================================================== Question: The primary reason for maintaining funds in a trust account separate from the broker's general account is to: a. insure the future control of funds. b. make the bank liable in the event of fraud. c. provide easier and more simplified record keeping. d. protect funds in the event of a civil suit against broker. Answer: d. protect funds in the event of a civil suit against broker. A broker must NOT commingle funds. ================================================== Question: H.U.D. has established certain factors (standards) that must exist before it will insure a home loan through one of its agencies. Known as MPRs, these are: a. Maximum Probability Ratio. b. Mortgage Protection Requirements. c. Market Price Rating. d. Minimum Property Requirements. Answer: d. Minimum Property Requirements. The FHA is an agency of H.U.D. (Department of Housing and Urban Development). ================================================== Question: An appraiser evaluated a building and reported to the owner that the $2,500 per month income was in line with other compa rable properties in the area. Recent sales of some of those comparable properties brought $350,000. What monthly gross multiplier would he use in further evaluations? a. 130 b. 140 c. 150 d. None of the above Answer: b. 140 Sale price divided by monthly income = $350,000 ÷ 2,500 (Monthly Gross Multiplier) = 140. ================================================== Question: All contracts to be valid must contain the following elements or characteristics, except: a. competent parties. b. consideration. c. legal object. d. must be in writing. Answer: d. must be in writing. Real estate contracts must be in writing, but NOT all other contracts must be in writing ================================================== Question: A section of land is to be enclosed with a double strand of wire. If a rod equals one pound of wire, how many pounds of wire will be required? a. 640 b. 1,280 c. 1,920 d. 2,560 Answer: d. 2,560 1 mile = 320 rods; 1 section is 4 miles around Therefore 1 sec. = (4 mi.) x (320 rods) = 4 x 320 = 1280 rods per strand For 2 strands, 2 x 1280 rods = 2560 rods = 2,560 pounds ================================================== Question: Accrued depreciation may be estimated by five general methods. Which of the following would be considered as indirect methods? a. Capitalized income and market methods b. Breakdown and engineering methods c. Capitalized and engineering methods d. Market and breakdown methods Answer: a. Capitalized income and market methods The capitalized income and market methods are considered to be indirect methods. Straight -line, engineering, and breakdown methods are classified as direct methods. ================================================== Question: A parcel of land 500 ft. x 300 ft. is bisected into two equal sized rectangles by a row of eucalyptus trees. How many acres are there in each portion? a. 3.44 b. 1.72 c. 0.34 d. 15.0 Answer: b. 1.72 Total area = 500' x 300' = 150,000 sq. ft. 150,000 ÷ 43,560 = 3.44 acres total ÷ 2 = 1.72 acres each. ================================================== Question: "The right of one or more persons to possess and use something to the exclusion of others" describes: a. discrimination. b. novation. c. ownership. d. equity. Answer: c. ownership. ================================================== Question: A salesperson purchased a property listed through his broker's office. Later the sellers complained to the Commissioner that the salesperson had neglected to inform them he was a licensee. Which of the following is correct? a. Salesperson is not responsible, just the broker. b. Seller should have guessed that the buyer was licensed, due to his knowledge. c. Salesperson and broker are both subject to disciplinary action. d. No violation of real estate law. Answer: c. Salesperson and broker are both subject to disciplinary action. Broker must exercise reasonable supervision over salesperson, and is required to sign all contracts within 5 days. Broker should have known that salesperson did not give proper disclosures. ================================================== Question: The series of parallel beams to which floorboards and ceiling laths are nailed, which are supported by large beams, girders, and bearing walls, are called: a. braces. b. plates. c. joists. d. guides. Answer: c. joists. Joists are structural parts supporting floor or ceiling loads. ================================================== Question: Which of the following is considered a "debit" to the buyer? a. Accrued interest b. Purchase price c. Rentals payable in advance d. Selling expenses Answer: b. Purchase price Debit is a charge: the buyer is charged the purchase price. ================================================== Question: Some forms of depreciation are curable, some are not. Which of the following forms is not curable? a. Physical depreciation b. Physical wear and tear c. Economic obsolescence d. Functional obsolescence Answer: c. Economic obsolescence Economic depreciation, or obsolescence, takes place beyond the confines of the property. Thus, the property owner cannot exert control over such features as economic recession, aircraft noise, adverse zoning, or the departure of major industries from the area. These situations can only be regarded as incurable. ================================================== Question: In the appraising of real estate, there are several "principles of value." Of the following, which most clearly describes the "Principle of Change"? a. Less desirable properties enhance the values of more desirable properties. b. More desirable properties are adversely affected by less desirable properties in their midst. c. Tomorrow evolves out of today which came out of yesterday. d. None of the above. Answer: c. Tomorrow evolves out of today which came out of yesterday. Principle of Change: (1) Development; (2) Static; (3) Decline. ================================================== Question: A land project consists of: a. 50 or more parcels and less than 15,000 voters within two miles of the subdivision. b. 100 or more parcels and less than 1,500 voters within two miles of the subdivision. c. 50 or more parcels and less than 1,500 voters within two miles of the subdivision. d. none of the above. Answer: c. 50 or more parcels and less than 1,500 voters within two miles of the subdivision. ================================================== Question: An owner gives an "open listing" to many brokers, including "A" and "B." Broker A shows the home to a customer, but does not make a sale. Broker B later sells the home to the same customer. The seller is obligated to pay: a. "A" a full commission. b. "B" a full commission. c. "A" and "B", who split the commission. d. "A" and "B", who both receive full commissions. Answer: b. "B" a full commission. Generally, an open listing pays only to the salesperson who sells. ================================================== Question: A waiver is defined as a: a. release from an attachment. b. release from an injunction. c. bilateral act that voluntarily relinquishes a known right or privilege. d. all of the above. Answer: c. bilateral act that voluntarily relinquishes a known right or privilege. ================================================== Question: Of the following statements concerning a life estate, which is NOT true? a. All conveyances for life estates must be in writing to be enforceable. b. It is a freehold estate. c. Person holding a life estate does not have fee title. d. It cannot extend beyond the life of the life tenant. Answer: d. It cannot extend beyond the life of the life tenant. Can be based on life of someone other than the life tenant. ================================================== Question: Which one of the following illustrates the most common type of depreciation? a. Faulty plumbing b. An increase of amenities c. Outmoded appliances and poor architectural design d. Deferred maintenance Answer: d. Deferred maintenance Deferred maintenance is maintenance which has been postponed to some later date. This is a common practice, and it tends to deteriorate the physical condition of a structure. ================================================== Question: Which of the following most clearly describes the "Principle of Regression"? a. Less desirable properties enhance the value of more desirable properties. b. More desirable properties are adversely affected by less desirable properties in their midst. c. Tomorrow evolves out of today, which came out of yesterday. d. None of the above. Answer: b. More desirable properties are adversely affected by less desirable properties in their midst. ================================================== Question: When the business cycle is in the prosperity phase, real estate cycle is in a phase of: a. high construction, high borrowing, high sales. b. low construction, little borrowing, low sales. c. low construction, high borrowing. d. high construction, low sales, high borrowing. Answer: a. high construction, high borrowing, high sales. ================================================== Question: Mr. Soldier wants to purchase a home on his VA entitlement. The asking price is $100,000. The VA "CRV" came back at $98,750. Which of the following statements is correct? a. Buyer can ask seller to reduce purchase price. b. Buyer can pay the extra $1,250 in cash and get the $98,750 loan. c. Buyer can request the VA to reevaluate the property (ask for re-appraisal), hoping to get the full value. d. All of the above. Answer: d. All of the above. The only thing the buyer cannot do is finance above the CVR. ================================================== Question: Of the following types of appraisal reports, which would be the most detailed? a. Certificate b. Form c. Letter d. Narrative Answer: d. Narrative Gives appraiser opportunity to support his observations and opinions. ================================================== Question: Which of the following relates to "economic obsolescence"? a. Legislative acts b. Massive cornices c. Outdated fixtures d. Worn-out stairs Answer: a. Legislative acts All others relate to "functional obsolescence." ================================================== Question: If a buyer plans to purchase an older building, he would give most careful consideration to the: a. economic life remaining. b. actual life. c. economic life. d. effective life. Answer: a. economic life remaining. The buyer would be most concerned with the future potentials of the property: the economic life still remaining. ================================================== Question: 1. A real property security endorsement is valid for: a. as long as the broker's license is valid, and it needs no further endorsement. b. multiples of 4 years. c. one year. d. the term of the broker's license to which the endorsement is affixed. Answer: d. the term of the broker's license to which the endorsement is affixed. ================================================== Question: 10. Considering the "Interstate Land Sales Full Disclosure Act," which of the following is NOT true? a. Controls subdivisions of 25 (or more) lots, unimproved at the time of sale. b. Developer must register subdivision with Office of Inter-Land Sales Registration (OILSR), and provide copy of "property report" to purchaser or lessee. c. Any contract to purchase or lease may be revoked by purchaser or lessee within 7 days of signing the contract. d. Violations are punishable by fines up to $50, imprisonment of up to 5 weeks, or both. Answer: d. Violations are punishable by fines up to $50, imprisonment of up to 5 weeks, or both. Fines up to $5,000; imprisonment up to 5 yrs., or both. ================================================== Question: 100. According to California law, legal closing occurs at which of the following times? a. When broker gets all required signatures and acceptance is acknowledged b. When funds for loan are placed in escrow c. When escrow disburses money (checks) d. When all instruments necessary to transfer title have been executed and recorded Answer: d. When all instruments necessary to transfer title have been executed and recorded Title insurance has been furnished, and money necessary to pay seller's equity, less costs and expenses, are in the hands of the broker or escrow holder. Transfer of title and money are thought of as simultaneous acts. ================================================== Question: 101. Which of the following would NOT be considered a "deferred payment" form of contract? a. Conditional sales contract b. FHA purchase contract c. Installment sale contract d. Land contract Answer: b. FHA purchase contract The forms of a, c, and d are where the balance of principal to sellers will be deferred until a later time. The FHA agreement requires that all sums are due and payable to sellers at end of escrow. ================================================== Question: 102. Quality of income is an important factor in making an appraisal. It is best expressed in which of the following statements? a. In establishing a proper relationship between risk involved and income produced, it is necessary to develop an accurate capitalization rate. b. In the amount of income produced by the real property. c. In making a reasonable allowance for recapture of investment in improvements and in other depreciable items. d. In making a proper determination of the anticipated period of time during which the improvements would produce income. Answer: a. In establishing a proper relationship between risk involved and income produced, it is necessary to develop an accurate capitalization rate. The capitalization of net income from real estate investments is at a rate which is a function of the risk involved. The quality factor of net income is interpreted in terms of risk. ================================================== Question: 11. A valid lease need NOT contain: a. amount of payment. b. description of property. c. names of parties to lease and terms of lease. d. stipulated transfer fee. Answer: d. stipulated transfer fee. There is NO transfer fee involved with leasing. ================================================== Question: 12. If an appraiser wishes to measure the extent of accrued depreciation, he would rely upon which one of the following methods of calculation? a. Cubic foot b. Square foot c. Front foot d. Straight-line method Answer: d. Straight-line method Appraisers do NOT use footage as methods of calculating depreciation; therefore, they would select the straight-line method. ================================================== Question: 13. In real estate, the word "tenancy" means: a. a device. b. a tenacious person. c. two or more persons joined in an enterprise. d. a mode or method of holding ownership. Answer: d. a mode or method of holding ownership. ================================================== Question: 14. Code requirements for "studding" in single-family units is: a. 16 " o.c. b. 18 " o.c. c. 20 " o.c. d. 24 " o.c. Answer: a. 16 " o.c. In some areas, codes allow up to 24´´ on center, but the standard is 16´´ on center. ================================================== Question: 15. Less-than-freehold estates consist of estates owned by: a. grantees of life estates. b. holders of easements. c. beneficiaries of trust deeds. d. lessees. Answer: d. lessees. A "freehold" estate is of indeterminable duration—fee simple or life estate. Therefore, "less-thanfreehold" would be of determinable time or duration—a lease. ================================================== Question: 16. A property valued at $550,000 has a capitalization rate of 10%. The net income is $55,000. If the "cap rate" increased to 11%, what would be the adjusted value of the property? a. $495,000 b. $500,000 c. $480,000 d. $450,000 Answer: b. $500,000 An increase of one point (1%) in the "cap rate" would result in a reduction in value of the building of $50,000. Value = Income divided by Cap Rate = $55,000 ÷ 11% (.11) = $500,000. ================================================== Question: 17. When a broker sells six notes and trust deeds taken back by a developer of a new subdivision, he must give to each prospective purchaser a: a. final public report. b. loan disclosure statements. c. notice of intended sale. d. real property security statement. Answer: d. real property security statement. selling a real property security requires a real property securities dealer endorsement dealer. ================================================== Question: 18. In the determination for replacement costs of a new property, an appraiser would use all of the following methods, except: a. comparative square foot. b. observed condition of the property. c. quantity survey. d. unit cost-in-place. Answer: b. observed condition of the property. Observed condition is a method for estimating accrued depreciation, and it is NOT used to determine replacement costs. ================================================== Question: 19. By recording a deed with the County Recorder's Office, one: a. validates the document so recorded. b. makes it possible for the new owner to be able to sell the property. c. gives actual notice of interest in real property. d. establishes precedence over subsequently recorded instruments. Answer: d. establishes precedence over subsequently recorded instruments. Creates priorities between various instruments. ================================================== Question: 2. A conventional loan would differ from an FHA loan in that the conventional loan would have: a. lower monthly payments. b. lower interest rates. c. lower down payment requirements. d. lower loan-to-value ratio. Answer: d. lower loan-to-value ratio. FHA typically will loan a greater percentage of value to the borrower than a conventional lender, requiring a smaller down payment. The conventional lender does not have the "insurance" against loss that the FHA lender has and, therefore, is taking greater risks and must receive more down payment (equity) from the buyer/borrower. ================================================== Question: 20. You own the business you run and lease the building in which you operate. You hold a (an): a. remainder. b. interest in, but not an estate. c. less-than-freehold estate. d. freehold estate. Answer: c. less-than-freehold estate. With a less-than-freehold (leasehold) estate, there is no direct ownership of real estate. ================================================== Question: 21. "Assignment of rents" in a loan or trust deed: a. provides for new buyer to pay rent until title passes. b. provides that the borrower pays. c. protects trustor or mortgagor. d. benefits mortgagee or beneficiary. Answer: d. benefits mortgagee or beneficiary. At default, this would allow lender foreclosing on property to collect rents from tenant, and apply this money towards debts of borrower. ================================================== Question: 22. A buyer recently purchased a property for $150,000. If the cost to sell the property would be 9% of sale price, how much must the property appreciate in value in order for the owner to sell and get his $150,000 out of the sale? a. $13,500 b. $14,835 c. 9% d. 109% Answer: b. $14,835 The original price now will be equal to only 91% (100% - 9%) at the time of sale. To determine the new required sale price: Value divided by its percentage value = $150,000 ÷ 91% (.91). New sale price must be = $164,835.16. Therefore, appreciation was $164,835 - 150,000 = $14,835. ================================================== Question: 23. Mr. "O" intentionally causes Mr. "G" to believe that a real estate broker is his agent. In fact, the broker is not Mr. "O's" agent. However, under the above conditions, the agency relationship is: a. actual. b. implied. c. nonexistent. d. ostensible. Answer: d. ostensible. Ostensible agency is often referred to as a "presumptive" agency, where one party intentionally induces another to believe that another is his agent, though in fact he has not employed that person as an agent. ================================================== Question: 24. In the course of evaluating apartment property net income, an appraiser would regard an annual payment for a street paving assessment as a(n): a. fixed expenditure. b. operating expense. c. expense related to income. d. capital outlay. Answer: d. capital outlay. Assessments for street improvements are considered to be capital expenses, which increase land values. They are not regarded as expenses deductible from income. ================================================== Question: 25. A loan of $200,000 is placed on a fourplex which has a tax basis of $150,000. Which of the following applies? a. The basis is increased by the amount of the loan. b. The basis is decreased to the amount of the loan. c. There is no tax due on the transaction. d. The basis is increased to the extent that the loan exceeds the basis. Answer: c. There is no tax due on the transaction. The tax basis is affected only by: (1) the addition of capital improvements, or (2) the deduction of depreciation. ================================================== Question: 26. When establishing value by "appraisal," it is necessary to recognize the difference between the function of the appraisal and: a. the appraisal process. b. amenities to the owner. c. principles of appraisal. d. the purpose for which the appraisal is being made. Answer: d. the purpose for which the appraisal is being made. The purpose may be to estimate value for: (1) listing with a broker, (2) financing, (3) condemnation, or (4) an insurance settlement. ================================================== Question: 27. Which of the following can contain the Real Estate Commissioner's recommendation for sales? a. Real Property Security b. Residential subdivision c. Syndicate security d. None of the above Answer: d. None of the above Commissioner's office can "issue public reports" that might be favorable, but cannot make any recommendation to purchase. ================================================== Question: 28. Which of the following would take the position of "senior" lien? a. Assessment bond b. First trust deed c. Homestead d. The one above which was first recorded Answer: a. Assessment bond No matter when, property taxes and assessments take priority over all other liens. ================================================== Question: 29. A "quitclaim" deed implies that the: a. grantor has not previously transferred the property to another. b. grantor has not created an encumbrance against the property that has not been revealed. c. grantor actually owns the property. d. none of above. Answer: d. none of above. Grant deed has warranties, NOT the "quitclaim" deed. It implies nothing, not even that the party giving the deed does, in fact, own an interest in the subject property. ================================================== Question: 3. A buyer has purchased a residence for $100,000 utilizing VA entitlement to finance the entire purchase price. The interest rate = 12%; combined monthly payments for 30 years will accumulate to be $370,300. What will be the initial month's principal payment? a. $128.61 b. $78.61 c. $28.61 d. $0.00 Answer: c. $28.61 Monthly (P+I) = $370,300 ÷ (30 x 12) = $1,028.61 Initial month interest = $100,000 x 12% ÷ 12 = $1,000 Therefore, initial month principal amount = $1,028.61- $1,000 = $28.61. ================================================== Question: 30. The income approach to valuation requires the measurement of, and the provision for, future depreciation. For this purpose, an appraiser would use all of the following methods, except: a. sinking fund rate. b. cost of reproduction. c. straight-line. d. a capitalization rate, which includes a risk rating. Answer: b. cost of reproduction. The cost of reproduction method treats more of past loss in value rather than of expected loss of value in the future. The answers, "a," "c," and "d" are methods developed to analyze the problems of future depreciation. ================================================== Question: 31. A building has two separate sections, each with internal dimensions of 25' width by 80' depth. The dividing center wall, running from front to back, is 12" thick, and all exterior walls are 6" thick. How much land does the building cover? a. 4,043 sq. ft. b. 4,061 sq. ft. c. 4,212 sq. ft. d. 4,366 sq. ft. Answer: c. 4,212 sq. ft. Width = 6" + 25' + 12" + 25' + 6" = 52' Depth = 6" + 80' + 6" = 81' Gross sq. ft. = 52' x 81' = 4,212 sq. ft. ================================================== Question: 32. An investor in an eight-year-old apartment building will be allowed by the IRS to calculate depreciation by which of the following methods? a. Income method b. Cost method c. Straight-line method d. None of the above Answer: c. Straight-line method Straight-line method. The others are types of appraisals. ================================================== Question: 33. Borrowing against a property with a loan interest rate less than the "equity yield" on the property: a. is unlawful. b. decreases equity yield. c. has no effect on equity yield. d. enhances equity yield. Answer: d. enhances equity yield. Referred to as "trading on equities." ================================================== Question: 34. Mr. and Mrs. "Z" own property in joint tenancy. The "Zs" each have a son by a previous marriage. Mrs. "Z" dies and leaves by will 2/3 of her property to her son and the other 1/3 to Mr. "Z's" son. The sons: a. hold title as tenants in common. b. hold title as joint tenants, with right of survivorship. c. may select to hold title in community property. d. none of the above. Answer: d. none of the above. The property, upon death, automatically passed to Mr. "Z" as surviving spouse. The will was invalid, as to passing the title. Mr. "Z" now holds title to property in severalty. ================================================== Question: 35. Cost estimating methods currently used by builders, architects, and appraisers are: a. capitalization of residual income. b. capitalized cost of replacement. c. quantity survey, unit in place, comparative square, or cubic foot. d. unit, unit in place, quantity survey. Answer: c. quantity survey, unit in place, comparative square, or cubic foot. ================================================== Question: 36. An appraiser would have to be able to identify land values separately in which one of the following appraisal techniques? a. Market data approach b. Income approach c. Cost approach d. All of the foregoing Answer: c. Cost approach The cost approach requires the appraiser to identify land values separately from the reproduction cost of the improvements located on the land. In the other appraisal methods, the appraiser develops the entire property as one total value, then separates land value from improvement value. ================================================== Question: 37. A "land project" is best defined as: a. 50 or more unimproved lots in a rural area. b. ownership of an undivided interest in land coupled with the right of exclusive occupancy of any apartment thereon. c. ownership of an undivided interest in common in a portion of property, together with a separate interest in space in a residential, industrial, or commercial building. d. ownership of an undivided interest in land. Answer: a. 50 or more unimproved lots in a rural area. ================================================== Question: 38. Which of the following is NOT associated with market value? a. Exchange value b. Reasonable value c. Material costs d. Objective value Answer: c. Material costs ================================================== Question: 39. An investor is considering buying a vacant property and building a building on it which will cost $170,000. Rental income will be $2,700 per month, and annual expenses will be $8,200. What is the maximum he can pay for the land if he uses an 11% capitalization rate? a. $60,000 b. $50,000 c. $40,000 d. $30,000 Answer: b. $50,000 Annual gross income = $2,700 x 12 = $32,400 Net annual income = $32,400 - 8,200 = $24,200 Value = Income divided by "cap" rate = 24,200 ÷ 11% (.11) = $220,000 (Total Value) Total Value - Bldg. Value = Value of the Lot = $220,000 - $170,000 = $50,000 ================================================== Question: 4. A property was leased to a lessee for a two-year period, with monthly lease payments to be $800. The lessor collected the first and last month payments. This agreement would most likely not include which of the following statements? a. Escalator clause b. Compliance with local laws c. Condemnation provisions d. Third-party liability clause Answer: a. Escalator clause A signed agreement whereby the lease amount is specifically set (for a short period of time) would probably not include an escalator clause. ================================================== Question: 40. When purchasing a "business opportunity" and using personal property acquired to secure a loan, which of the following is necessary to "perfect" the transaction? a. The contract developed to facilitate the sale b. Filing of the security agreement c. Filing of the financing statement d. Recording the original contract Answer: c. Filing of the financing statement The "financing statement" (UCC-1) filed with the secretary of state is used to give public notice of the transaction and to "perfect" (complete) the security interest. ================================================== Question: 41. A broker had signed an agreement to locate property for his principal. Having found a property which suited his principal, which could be purchased for less than he was willing to pay, the broker bought the property himself. Later the broker sold the property to his principal at the higher price, keeping the difference for himself. This is considered: a. commingling. b. conversion. c. divided agency. d. secret profit. Answer: d. secret profit. The broker is required to obtain the property for the principal at the lower price, saving the principal the difference. ================================================== Question: 42. The most important economic characteristic of property is: a. lot size. b. lot shape. c. location. d. capital improvements. Answer: c. location. Location! Location! Location! Forget everything else! ================================================== Question: 43. When interest rates on real property loans increase, capitalization rates on income properties tend to: a. be affected inversely. b. remain the same c. increase d. decrease. Answer: c. increase ================================================== Question: 44. Which one of the following is not classified as a subdivision? a. Community apartment project with 20 or more apartments. b. Condominium project with 10 or more units. c. Stock cooperative containing 10 or more units. d. Planned development containing four lots. Answer: d. Planned development containing four lots. A subdivision must have five or more units. ================================================== Question: 45. All of the following are necessary for obtaining title to a property by "adverse possession," except: a. must possess under some evidence of color of title or claim of right. b. must pay taxes 5 years, before they become delinquent. c. must possess property continuously for 5 years. d. must occupy property hostile to recorded owner. Answer: b. must pay taxes 5 years, before they become delinquent. The word "delinquent" is NOT required by law; just pay the taxes for 5 years. ================================================== Question: 46. Which of the following would not be constructive eviction of a tenant (lessee) by a landlord? a. During lease, landlord attempts to lease property to others. b. Landlord ousts tenants or allows third party to oust tenants. c. Landlord makes extensive, unwarranted alterations to the property. d. Landlord fails to repair excessive wear and tear to property caused by tenant's neglect. Answer: d. Landlord fails to repair excessive wear and tear to property caused by tenant's neglect. All other answers do constitute "constructive eviction" by the landlord, which would allow the tenant to abandon the property and refuse to pay further rent, and doing so without incurring liability for breach of lease agreement. ================================================== Question: 47. On which of the following types of business collateral would one file with the secretary of state (Sacramento) to perfect a security transaction? a. Consumer goods b. Growing crops c. Trade fixtures d. Uncut timber Answer: c. Trade fixtures Others (personal property) are recorded with local county recorder. ================================================== Question: 48. In the construction of a building, there are several indirect costs involved, one of which is: a. building permit fees. b. material costs. c. labor costs. d. subcontracts. Answer: a. building permit fees. "b," "c," and "d" are direct costs. A listing of indirect costs would show such items as permits, surveys, consulting fees, architects, engineers, legal, taxes financing charges, and administrative and overhead costs. ================================================== Question: 49. Assume the streets in a subdivision were financed through the issuance of 1911 Street Improvement Act Bonds. When he prepares his income tax return, the: a. owner of the liened lot can deduct principle and interest payments on the bonds. b. owner of liened lot can deduct only principal payments. c. bond holder must report principle payment received as taxable income. d. bond holder need not declare the interest as income. Answer: d. bond holder need not declare the interest as income. Bonds are tax exempt; therefore, income generated is not taxed. ================================================== Question: 5. In a single-family dwelling, the extended (spread out) part of the bottom of the exterior of the foundation is called the: a. base. b. footing. c. foundation. d. pier. Answer: b. footing. Base of foundation wall, pier, or column. ================================================== Question: 50. When personal property becomes (by intent) a part of real property, it becomes a(n): a. attachment. b. inclusion. c. dedication. d. fixture. Answer: d. fixture. ================================================== Question: 51. California real estate law considers manufactured homes: a. personal property. b. real property. c. either a or b. d. none of the above. Answer: c. either a or b. Personal property, until (1) placed on foundation (with permit), (2) certificate of occupancy is issued, and (3) proper documents filed reflecting unit has been fixed to foundation. ================================================== Question: 52. A clothing store owner could NOT use which of the following as security for a loan? a. Accounts receivable b. Fixtures c. Personal note d. Stock Answer: d. Stock Stock in trade CANNOT be used to secure a loan, for when the merchandise is sold, there is no longer any security. ================================================== Question: 53. A 60-year-old man has been living in a home he bought 9 years ago, for which he paid $90,000. He recently sold the home for $120,000, incurring $9,600 selling expenses and brokerage fees. What capital gains taxes will he owe? a. $20,400 b. $30,000 c. $9,600 d. None Answer: d. None $250,000 is allowed for gain without tax liability. ================================================== Question: 54. Sites for industrial buildings are usually gauged by the: a. cubic foot. b. front foot. c. acre. d. square foot. Answer: d. square foot. Industrial building sites are usually valued according to square footage. Acre is a unit of measure seldom used. ================================================== Question: 55. A corporation issued a deed to real property. The president and secretary both signed the deed and affixed the corporate seal. These actions would probably be sufficient to pass marketable title if: a. the deed is executed in connection with the dissolution of the corporation. b. the transaction involved is within the ordinary scope of business of the corporation. c. the transferor is a religious organization or church. d. all of the assets of the corporation are included in the transfer. Answer: b. the transaction involved is within the ordinary scope of business of the corporation. ================================================== Question: 56. A bearing wall in a building: a. could be at any angle relative to a door. Can be an archway. b. probably would not be removed during remodeling. c. would have stronger structural members. d. all of the above. Answer: d. all of the above. Such a wall bears much weight, supporting upper floor and/or roof loads. ================================================== Question: 57. Market price is: a. what a property would bring in the open market. b. price offered by an informed purchaser. c. price asked for by an informed seller. d. price actually paid for property (escrow closed). Answer: d. price actually paid for property (escrow closed). Others are just "ideas" of what price should be. The final sale sets the record straight. ================================================== Question: 58. In the "income" approach to value, the recapture of capital invested in the improvements is provided for by: a. accruals for depreciation. b. cost to cure. c. observed conditions. d. observed depreciation. Answer: a. accruals for depreciation. Recapture relates to depreciation taken; others relate to the physical deterioration of property. ================================================== Question: 59. An investor put $10,000 down on a property purchased for $100,000. He received a 9% gross return on the purchase price and had a 9% interest expense on the loan amount as his only expense. What would the percentage return on his investment be? a. 0% b. 11% c. 9% d. None of the above Answer: c. 9% Gross income = $100,000 x (9%) = 100,000 x (.09) = $9,000 Interest expense = $90,000 x (9%) = 90,000 x (.09) = $8,100 Net return = $9,000 - 8,100 = $900 Percent return on investment = $900 ÷ 10,000 x (100) = 9 (9%) ================================================== Question: 6. All of the following would cause economic obsolescence, except: a. improperly placed improvements. b. old fashioned kitchens. c. unfavorable zoning changes. d. industries moving out of the neighborhood. Answer: b. old fashioned kitchens. Old fashioned kitchens represent a form of functional obsolescence. The other three items are caused by factors outside the property. Therefore, they are forms of economic obsolescence. ================================================== Question: 60. The income approach to appraisal requires the selection of an accurate capitalization rate because: a. the appraised value of property increases if the capitalization rate is decreased. b. the appraised value of property increases if the capitalization rate is increased. c. a provision for return on the investment is a limitation on the calculation of a capitalization rate. d. a property, which has a reliable tenant, would justify a higher capitalization rate than one with a tenant who has a poor financial background. Answer: a. the appraised value of property increases if the capitalization rate is decreased. Appraisal value increases when the capitalization rate is decreased. The capitalization rate represents the integration of the rate of income, expressed as interest, and the rate of recapture, expressed as depreciation. ================================================== Question: 61. When a tenant who had rightfully come into possession of a property by means of a lease agreement retains possession after the expiration of said lease without permission of the owner, it is called a(n): a. estate for years. b. estate at sufferance. c. periodic tenancy. d. estate at will. Answer: b. estate at sufferance. Also, an estate at sufferance does not require a notice of termination. ================================================== Question: 62. A purchaser in a sale-leaseback transaction would be least concerned about: a. the location of the property. b. general credit of the lessee. c. depreciated book value of the improvement. d. condition of improvements. Answer: c. depreciated book value of the improvement. Purchaser will set up his own depreciation schedule, and cares not about what the previous owner's book showed, with respect to depreciation. ================================================== Question: 63. Deed restrictions are enforced by: a. consent decree. b. desist and refrain. c. indictment. d. injunction. Answer: d. injunction. Is a writ or court order restraining named parties from doing an act which is deeded inequitable or unjust in the regards to the rights of other parties in the suit or proceedings. ================================================== Question: 64. Two single persons desire to take and hold title to property, with the ability to later will their portions to whomever they desire. They should take title as: a. joint tenants. b. tenants in common. c. community property. d. severalty. Answer: b. tenants in common. Joint tenancy carries "right of survivorship" - NO wills; singles CANNOT hold title as community property; severalty means "one" owner, which is NOT the case in this situation. ================================================== Question: 65. Which of the following appraisal methods requires a computation for "accrued depreciation"? a. Cost b. Income c. Market data d. All of the above Answer: a. Cost It is an estimate of the accumulated depreciation, which has already taken place in he property improvements, with allowance for condition based upon the "effective age of improvements." ================================================== Question: 66. "Just compensation" is a term used in condemnation proceedings. In determining the fair market value of a property, the court would use any of the following, except the: a. comparative income data approach. b. cost approach. c. income approach. d. market data approach. Answer: b. cost approach. The court seldom uses the cost approach, unless the property is unique in some way and has very little turnover. ================================================== Question: 67. "Placement of a Home" would best match up with which of the following? a. Prescription b. Subordination c. Orientation d. Novation. Answer: c. Orientation ================================================== Question: 68. Which of the following is not necessary in a bill of sale? a. Date b. Mention of consideration c. Signature of vendor d. Acknowledgment Answer: d. Acknowledgment ================================================== Question: 69. When appraising residential properties, an appraiser should carefully examine which of the following? a. Comparable homes currently for sale b. Comparable homes recently for sale, but not sold c. Comparable homes recently sold, escrow's being closed d. All of the above Answer: d. All of the above Although it is true that those homes for which the escrow has been closed provide "what the buyer will pay," the other data is of great value in establishing the ranges of value within which the subject property should fall. ================================================== Question: 7. One way to jointly hold title to real property is "joint tenancy." Another way would be: a. tenancy in common. b. community property. c. tenancy in partnership. d. all of the above. Answer: d. all of the above. ================================================== Question: 70. Condominium ownership is an undivided interest in common areas with all other project owners, plus separate interest in the "air space" of a particular unit. Air space is: a. space within prescribed boundaries indicated by legal description of project. b. space between outer boundaries of buildings. c. space between painted exterior walls (inner surfaces) of prescribed unit. d. all of the above. Answer: c. space between painted exterior walls (inner surfaces) of prescribed unit. Includes the outside surfaces of the paint on exterior walls, inside the unit, and to the outside surfaces of glass windows and doors. Anything beyond these would be extending into the common areas, owned in common with all others. ================================================== Question: 71. A power-of-attorney is terminated by: a. death of principal. b. expressed revocation of principal. c. incapacity of principal to contract. d. any of the above. Answer: d. any of the above. Instrument of revocation must be recorded in same office as the power of attorney. For dealing with real property, power of attorney must be acknowledged and recorded in county recorder's office. ================================================== Question: 72. If an appraiser used all three methods in evaluating a residential property, he would combine the results in what way? a. He would give reasonable weight to each estimate and divide by 3. b. He would add the three estimates and divide by 3. c. Both a and b. d. Neither a nor b. Answer: d. Neither a nor b. The appraiser's resultant estimate would be founded on judgment and professional experience rather than on some arithmetical process. ================================================== Question: 73. An FHA appraisal report includes the abbreviation "MPR." This refers to: a. Maximum Property Requirements. b. Multiple Property Ratio. c. Maximum Price Ratio. d. Minimum Property Requirements. Answer: d. Minimum Property Requirements. Minimum Property Requirements ================================================== Question: 74. A family purchased a residence two years ago, financing through a mortgage company with a small down payment. Which of the following would be the most likely reason for refinancing? a. Small equity b. Rise in interest rates c. Decrease in interest rates d. Increased taxes Answer: c. Decrease in interest rates If interest rates had dropped enough to make it more economical to refinance, the reduced monthly payments would compensate for the costs involved in such refinancing. ================================================== Question: 75. Management of a condominium project, under control of and for the benefit of the owners, may acquire, hold, and sell: a. tangible personal property. b. tangible and intangible personal property. c. personal and real property. d. none of the above. Answer: b. tangible and intangible personal property. ================================================== Question: 76. A buyer purchased a home for $85,000, putting $8,000 cash down, taking over a $75,000 first loan, and assuming the liability for paying a $2,000 outstanding sewer bond. This assessment is: a. part of the purchase price. b. a personal debt assumed by buyer for improvements on personal property. c. prepaid to offset future taxes. d. none of the above. Answer: a. part of the purchase price. The previous owners did not pay off the bond but allowed the buyer to assume the obligation and pay $2,000 less in cash. ================================================== Question: 77. For a homestead to be effective, it must be filed (except for an automatic homestead) before the: a. judgment is rendered. b. judgment is recorded. c. lawsuit is filed. d. lis pendens is recorded. Answer: a. judgment is rendered. For the homestead to be effective, the recording must occur before an ultimate judgment is recorded. Notice the difference between recorded and rendered. Recording occurs after a judgment is rendered. ================================================== Question: 78. The cost of replacement method is least effective in evaluating which of the following properties? a. A new single family residence. b. A new school building. c. An older single family residence. d. All of the foregoing. Answer: c. An older single family residence. Depreciation is difficult to estimate on older properties, with the result that the reproduction cost method might have rather wide variations. It is not necessary to estimate depreciation on new properties. ================================================== Question: 79. A Licensee would have the least chance of receiving a commission in which of the following circumstances? a. A sale of personal property without written authorization. b. Failing to reveal the amount of profit under a net listing. c. An exchange of businesses under verbal authorization. d. Negotiating a lease of one year or less, not in writing. Answer: a. A sale of personal property without written authorization. ================================================== Question: 8. The owner of a large apartment complex was considering adding another swimming pool. An appraiser hired to do a study for the owner would use what basic principle of appraising to determine the feasibility of adding the pool? a. Substitution b. Competition c. Contribution d. Appreciation Answer: c. Contribution Would the addition of the pool contribute to the rent schedule? ================================================== Question: 80. Prior to granting a loan, a lender considers the ability of the borrower to repay the loan, the character of the property, and the terms of the requested financing. This is known as a: a. credit check. b. loan origination check. c. loan evaluation. d. mortgage discounting. Answer: c. loan evaluation. ================================================== Question: 81. An "installment sale" contract is which of the following? a. A real property sales contract in which a seller agrees to convey title to real property to the buyer, after the buyer has met certain conditions specified in the contract. b. Does not require conveyance of title until after one year. c. Will allow a seller to "stretch out" his tax liability over a longer period of time, thereby reducing the effective tax paid on a capital gain realized. d. All of the above. Answer: d. All of the above. All answers describe a real property sales contract. ================================================== Question: 82. A broker has received a $5,000 personal check as deposit on an offer. Since the sellers are not home, broker deposits the buyer's check into his broker trust account. Buyer thereafter rescinds offer and demands return of deposit. Broker should: a. return the buyer's check. b. return the buyer's deposit in the form of a check drawn against the broker's trust account. c. return the deposit. d. none of the above. Answer: c. return the deposit. If the broker gives deposit back prior to buyer's check clearing, he may be giving away a free $5,000 to the "buyer." ================================================== Question: 83. Regarding condominium ownership, which answer is most correct? Owner has: a. an undivided interest in common with others in common areas. b an equity interest in real property. c. exclusive ownership of respective unit, which is separate and distinct from that of all other owners. d. all of the above. Answer: d. all of the above. ================================================== Question: 84. When lot size increases in depth, the value of: a. square footage increases. b. front footage increases. c. front footage decreases. d. square footage and front footage, as a unit, decreases. Answer: b. front footage increases. When the depth of a lot increases, the front foot value will increase. Also, increasing the depth will increase the square footage, but, usually, the square foot value will be reduced. ================================================== Question: 85. The term on a listing agreement is dated January 7, 2005, through April 5, 2005. This agreement would be for a term of: a. 3 months. b. 90 days. c 91 days. d. 92 days. Answer: b. 90 days. Jan. = 25 days + Feb. = 29 days + Mar. = 31 days + Apr. = 5 days Total number of days = 90 days. ================================================== Question: 86. The value of an investment is as follows: Total value = V(t) = $300,000 Income attributable to building = $21,600 Reasonable "cap rate" = 9% What is value of the land? a. $90,000 b. $80,000 c. $70,000 d. $60,000 Answer: d. $60,000 Value (bldg.) = 1 (bldg.) divided by "cap rate" = $21,600 ÷ 9% = $21,600 ÷ (.09) = $240,000 Value (land) = Value (total) - Value (bldg.) = $300,000 - $240,000 = $60,000 ================================================== Question: 87. In the real estate business, the buyer is commonly referred to as a(n): a. attorney-in-fact. b. fiduciary. c. client. d. customer. Answer: d. customer. The seller is referred to as the "client." ================================================== Question: 88. A buyer purchased a residence for $225,000, with 12% down, and the seller is taking back a note and T.D. for the balance, payable at 12% per annum. Monthly payments were to be $520 principal plus interest. Taxes are $2,700 per year and hazard insurance is $804 per year. What will be the buyer's 1st monthly payment plus monthly amounts for impound account for taxes and insurance? a. $2,972 b. $2,792 c. $2,279 d. $2,927 Answer: b. $2,792 Sale price: 12% = 225,00 - 27,000 = $198,000 Monthly interest = 198,000 x 12% ÷ 12 = 198,000 x (.01) = $1,980 Monthly principal (per agreement) = 520 Monthly taxes = 2,700 ÷ 12 = 225 Monthly insurance = 804 ÷ 12 = 67 Total Payment (P + I + Tax + Insurance) Monthly = $2,792 ================================================== Question: 89. A broker's loan statement is now called a: a. broker's disclosure statement. b. mortgage loan disclosure statement. c. mortgage statement. d. none of the above. Answer: b. mortgage loan disclosure statement. ================================================== Question: 9. A tenant is justified in abandoning a lease property if the landlord demonstrates constructive eviction. Which of the following acts would be considered constructive eviction? a. The property has been shown to another party that has entered into negotiations with the landlord. b. The landlord has failed to make needed repairs and maintain the property in the agreed manner. c. The landlord has altered the building to an extent that is no longer usable for its original purpose. d. All of the above. Answer: d. All of the above. All define constructive eviction. ================================================== Question: 90. Value is the present worth of future benefits, arising out of ownership, to typical users and investors, is one definition of value. To which one of the following appraisal techniques does it relate? a. Comparison b. Reproduction cost c. Income d Market data Answer: c. Income The income approach depends largely upon the anticipation of future performance. Today's dollars are used as a measure of future benefits. ================================================== Question: 91. The secondary money market refers to: a. participation in California real estate financing by out-of-state lenders. b. transfers of notes and T.D.s between mortgagees for value. c. junior loans. d. transfers of loans and T.D.s between mortgagors for value. Answer: b. transfers of notes and T.D.s between mortgagees for value. Transfers between lenders as well as agencies set up for the purpose of buying and selling notes and T.D.s, i.e. "Fannie Mae," etc. ================================================== Question: 92. A brother and sister own a property as joint tenants. The sister marries and then deeds one-half of her interest to her new husband. Which of the following is a true statement? a. All three are now joint tenants. b. Brother is joint tenant, sister and husband hold title as community property. c. Brother holds in severalty, sister and husband hold as community property. d. The joint tenancy is totally destroyed. Answer: d. The joint tenancy is totally destroyed. Sister automatically eliminates her joint tenancy when she deeds to her husband. Brother cannot thereafter (as only one person) hold in joint tenancy. Therefore, he, too, loses joint tenancy. ================================================== Question: 93. An "agreement in a deed" best matches which of the following? a. Prescription b. Avulsion c. Covenant d. Option Answer: c. Covenant ================================================== Question: 94. A single owner who resides in a home for two of the last five years is entitled to a capital gains exclusion of: a. $100,000. b. $200,000. c. $250,000. d. $500,000. Answer: c. $250,000. ================================================== Question: 95. The lower the loan-to-value ratio, the greater the: a. interest. b. down payment. c. loan amount. d. term. Answer: c. loan amount. If the down payment is smaller, the loan must be larger. ================================================== Question: 96. Provision for the recapture of capital improvements is made in which of the following during an income evaluation approach to appraisal? a. Cost of replacement new today b. Cost of replacement new at installation date c. Depreciation accrual d. Condition of improvements, as observed Answer: c. Depreciation accrual Funds are set aside on an annual basis for any depreciation. ================================================== Question: 97. When interest rates increase but net income remains unchanged, the value of an owner's equity tends to: a. increase. b. decrease. c. remains the same. d. none of the above. Answer: b. decrease. An owner's equity will decrease when net income remains the same while interest rates increase. ================================================== Question: 98. A contract of sale to an investor is conditioned upon the new prospective owner finding tenants for his building in advance. This agreement is: a. unreal. b. unenforceable. c. enforceable. d. void because it violates the statute of frauds. Answer: c. enforceable. Contracts in which performance is made subject to buyer's approval of specific terms or conditions (as in this case, buyer finding satisfactory leases) have been upheld by most recent court decisions as valid and enforceable. ================================================== Question: 99. A corporation listed a property with a broker, and subsequently the entire slate of officers were killed in a plane crash. The listing is: a. valid. b. void. c. voidable. d. invalid. Answer: a. valid. $217,500 ÷ 145% (1.45) = $150,000 original price Acreage: N½ of the NW¼ of the SE¼ = 20 acres W½ of the NE¼ = 80 acres Therefore, price per acre = $150,000 ÷ 100 = $1,500. ==================================================

California Physical Therapy Practice Act

December 5, 2023 Dwayne Morise

Question: Definition of PT

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Question: ARTICLE 1: Admin - Members of the Board
Answer: 1 PT involved in PT education, 3 PT's with 5 years experience, 3 public members who aren't licentiates of the board or any other medical board (CA citizen, not school faculty)
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Question: ARTICLE 1: Admin - Terms
Answer: Appointed 4 years, exp. on June 1
1 public and 4 PT members appt'd by governor
Cannot serve more than 2 consecutive terms
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Question: ARTICLE 1: Admin - Meetings
Answer: 1 regular meeting annually in Sacramento, LA or SF
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Question: ARTICLE 1 Admin - Members Duties
Answer: May inspect PT facilities
May review pt charts
Can suspend and revoke licenses (notice must be given
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Question: ARTICLE 2 General Provisions
Answer: The use of roentgen rays/radioactive materials or electricity for surgical purposes is not authorized
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Question: ARTICLE 2: General Provisions - Topical Medications
Answer: Can apply but CANNOT prescribe medications (require MD referral)
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Question: ARTICLE 2: General Provisions - Neuro Re-Ed
Answer: Can perform tissue penetration for evaluation neuro performance
Only if authorized by MD and PT has certification
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Question: ARTICLE 2: General Provisions - Misc
Answer: Pt's records are held for no less than 7 years following D/C
-Records of minors are held for 7 years or 1 year after minor turns 18
-PT cannot diagnose disease
-PT's cannot provide prognostic interpretation of data
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Question: ARTICLE 3: Licensing of Practitioners - PT Aide
Answer: -Observation, transport, physical support only during gait training/transfers
-Under direct, continuous and immediate PT supervision at all times
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Question: ARTICLE 3: Licensing - Applicants
Answer: Qualifications:
-Over 18 years old
-Not addicted to drugs/alcohol
-Completed schooling
-No crimes (constituting denial of license)
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Question: ARTICLE 3: Licensing - Applicants
Answer: Reciprocity Applicant (Foreign)
Issue license without written exam IF:
-licensed in another state deemed equal/higher than CA
-graduated PT Edu program
-files an app and meets requirements
-may need oral exam if issued only a certificate
-has PTLA
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Question: ARTICLE 3: Licensing - Graduate Practice
Answer: -PTLA in effect until regular, renewable license is issued or licensure denied by board
-Upon failure, PTLA cannot practice
PTLA good for 90 days
-PTLA is under direct and immediate supervision of PT
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Question: ARTICLE 4: Edu Standards
Answer: - School accredited by CAPTE of APTA
-Completed at least 18 weeks of full-time clinical experience w/ variety

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Question: ARTICLE 4: Edu Standars - Foreign schools
Answer: - if from foreign school, submit docs to prove equivalence, pass written exam, complete 9 months clinical service
- During those 9 mod, can work as PTLA
- Same req's apply to American student from non-accredited school
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Question: ARTICLE 4.5: PTA
Answer: 1 PT: 2PTAs
-board may permit more if adequate supervision available BUT
- # of PTAs never exceeds 2X # of PTs
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Question: ARTICLE 4.5: PTA
Answer: -Same req's as PT, same reciprocity
- must take law exam
-VIOLATION OF FALSE IDENTITY IS A MISDEMEANOR
-Issued PTAA upon graduation to work (like PTLA)
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Question: ARTICLE 5: Suspension of License
Answer: Can suspend for 12 months for:
-Wrongful ads, fraud,impersonating a PT
-Negligence, verbal/sexual harassment/abuse
-Habitual intemperance (alcholism)
-Not following infection control guidelines
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Question: ARTICLE 5: Reinstatement
Answer: Person whose license has been revoked can petition for reinstatement after:
-Unprofessional contact: 3 years
-Early termination of prob: 2 years of prob
-Mental or physical illness: 1 years of prob

Petition must include 2 letters from PTs
Petition not considered while under sentence for criminal offense
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Question: ARTICLE 5.5: Diversion Program
Answer: Alcohol/drug rehab for PT/PTAs
-Diversion committee evaluates
-3 members
-Has previous experience in substance abuse edu
-Board considers appt'ing MD certified in psych
-Term is 4 years
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Question: ARTICLE 6 Offenses and Enforcement
Answer: Violations = misdemeanor: fine not exceeding $1000 or imprisonment in county jail <6 months or both
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Question: ARTICLE 7: FIscal Administration
Answer: Within 10 days of each calendar month, all reports go to state controller - accredited PT fund
-Any license or approval for PT shall expire at midnight on last day of birth month of licensee
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Question: ARTICLE 7: Fiscal Administration
Answer: -Renewal of license with form and fee
(at this time report any misdemeanor or crime)
-60 days notice of expiration of licensee
-App fee: no more than $75 (foreign PTs: $125)
-Initial licensing fee: no more than $150
-Renewal fee: No more than $150
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Question: ARTICLE 7: Fiscal Administration
Answer: -License Register: name of every licensee, place of residence, date and # of disciplinary action
-Deliquency fee = 50% of rental fee
-Electromyography cert fees
-$200 or $5000 for re-exam and re-cert
-If board increases fee, must get approval of legislature
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Question: ARTICLE 8: Physical Therapy Corp
Answer: -The name of the PT corp should have "physical therapy" or "physical therapist" in it
-Each shareholder/director/officer should be licensed PT (except secretary)
-Shareholder rendered disqualified - does not get profit
-Corp regulations should include bylaws of stock and adequate insurance coverage
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Question: CALIFORNIA CODE OF REGULATIONS
Answer: -each licensee must give residence change 30 days after move
-All PT aides/apps/students must wear name tag with 18 point font
-Licensee denied if fails to take exam within 1 year of original notice
-App deemed abandoned if applicant fails to pay initial licensee fee within 5 years of board notification
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Question: CALIFORNIA CODE OF REGULATIONS
Answer: Foreign applicants:
-submit quarterly reports 15 days after each 3 month clinical service
-Supervising PT must be in same facility
-CCCE and CI must be APTA certified
-3/9 mos of clinical service is waived if Law and Ethics course is taken
-1 month waived for each month of licensed clinical practice in another state up to required 9 mos
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Question: ARTICLE 3: Physical Therapy Schools
Answer: -"Student" termed during academic course work
-"Intern" termed after completed coursework
-PT student/intern docs signed by CI on SAME DAY
-Require on-site supervision
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Question: ARTICLE 4: Physical Therapy Assistant
Answer: -Supervising PT should be available in person/on phone at all times
-PT will periodically provide observation of pt care
-PT will evaluate, treatment/goals and reveal
-POC communicated verbally/in writing to PTA before PTA treats pt
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Question: ARTICLE 4: Physical Therapy Assistant
Answer: -Within 7 days of PTA care, PT shall review, cosign and date all documentation by PTA and conduct weekly case conference and document in record
-Within 7 days of D/C, PT documents it along with signature and patient's response to treatment
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Question: ARTICLE 4: Physical Therapy Assistant
Answer: Education Equivalents for PTA's:
-Military training in hospital and PTA course including min 550 hour of courses, 350 clinical experience
-Combo of training and 36 mos of full-time work experience in PT, 30 semester of instruction, 18 mos PT work
-60 months of full-time PT experience, 30 months experience in acute care
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Question: ARTICLE 5: PTA Schools
Answer: -PTA schools accredited by US Dept of EDU
-PTA student/intern supervised by PT, PTA can be CI of PTA student
-CI cosigns same day, plus weekly conferences with supervising PT
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Question: ARTICLE 6: PT Aides
Answer: -Aide signs for patient related tasks with PT cosign
-PT in same facility, providing continuous, direct and immediate supervision
-AIde cannot soley treat patient
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Question: ARTICLE 7: Practice by PTLA
Answer: -Same day cosign with immediate supervision
-Supervising PT documents receipt of PTLA and records expiration date
-All duties cease if PTLA fails exam
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Question: 1
Answer: Physical Therapy Practice Act - Chapter 5.7, of division 2, of the Business and Professions Code
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Question: 2
Answer: California Code of Regulations Title 16, Division 13.2 - Physical Therapy Regulation Code
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Question: 3
Answer: Related Laws and Regulations - Business and Professions Code of California
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Question: 4
Answer: California Constitution
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Question: 5
Answer: Code of Civil Procedure
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Question: 6
Answer: Corporations Code of California
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Question: 7
Answer: Family Code Section
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Question: 8
Answer: Government Code:
Penal Code
Welfare & Institution Code
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Question: The Physical Therapy Act Updates
Answer: Updated 1/1/2014
Passage of SB198:
Key provisions clarifying PT responsibility to manage patient care and added licensure renewal exemptions
Passage of AB1000:
Direct access to physical therapy care
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Question: Article 1
Answer: Administration & General Provisions (2600-2615)
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Question: Article 2
Answer: Scope of Regulation & Exemptions (2620-2634)
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Question: Article 3
Answer: Qualifications & Requirements for Licensure (2635-2639.1)
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Question: Article 4
Answer: Renewal of Licenses (2644-2649)
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Question: Article 5
Answer: Educational Standards (2650-2654)
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Question: Article 6
Answer: Enforcement (2660-2661.7)
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Question: Article 7
Answer: Substance Abuse Rehabilitation Program (2662-2669)
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Question: The Physical Therapy Act Article 1- Administration & General Provisions
Answer: Physical Therapy Board
2602.1 Priority of the Board
2603 Composition
2603.5 Qualification of public members
2604 Terms of membership
2605 Duties
2606 Compensation
2608 Power to suspend or revoke licenses
2611 Meeting and hearings
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Question: The Physical Therapy Act Article 2- Scope of Regulation and Exemptions
Answer: Defines Physical Therapy (2620)
Art & Science of physical or corrective rehabilitation
Directed to any bodily or mental condition
Use of physical agents, massage, exercise
Includes evaluation, planning, instruction and consulting as well a fitness/ wellness
Does not authorize diagnosis of disease
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Question: The Physical Therapy Act Article 2- Scope of Regulation and Exemptions cont.
Answer: Provision for Direct Access to PT (2620.1)
Any person can directly seek PT care
Must refer if beyond scope of practice fail to progress
Discloser of financial interest
Notify the patient's physician of treatment
Limited to 45 days and/or 12 visits
Patient must sign and date disclosure first
Continued care requires in-person exam
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Question: The Physical Therapy Act Article 2- Scope of Regulation and Exemptions cont. again
Answer: 2620.3 Use of topical medications
2620.5 Standards for needle EMG
2620.7 Maintenance of patient records
2622 PT is responsible for managing all aspects of the care , includes limits on supervision of Aides & PTA's
2630 Title of physical therapist
2630.3 PTA limits and supervision
2630.4 PT Aide description & supervision
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Question: The Physical Therapy Act Article 2- Scope of Regulation and Exemptions cont. again again
Answer: 2630.5 Exemptions from licensure requirements

Restriction on use of "Dr." by PT's
2633.5 Restrictions on use of PTA

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Question: The Physical Therapy Act Article 3- Qualifications and Requirements for Licensure
Answer: 2635 Qualification of license applicant
2636 Requirement for Licensure
- Completion of educational coursework
- Passing score on PT exam
- Passing score on CA state law exam
2636.5 Requirement for filing for reciprocity.
2638 Right to retake the exam if failed.
2639 PTLA status and limitation defined.
2639.1 Alternate path for PTA applicants
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Question: The Physical Therapy Act Article 4- Renewal of Licenses (2644 - 2649)
Answer: 2644 - 45 License expiration & renewal
2646 Renewal of license, less than 5 year expired
2647 Renewal of license, after 5 years expired
2648 Exemptions from renewal fee
2649 Continued Competency
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Question: The Physical Therapy Act Article 5- Educational Standards
Answer: 2650 Education requirements for PT and PTA
2651 Establishes the criteria of CAPTE as meeting the standards for the Board.
2652 Guidelines for foreign trained physical therapists seeking licensure
2653 Provision for unqualified, foreign trained license applicant to take PTA exam
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Question: The Physical Therapy Act Article 6- Enforcement
Answer: 2660 Unprofessional Conduct defined
2660.1 Sexual activity limitations
2660.2 Disciplinary and options for unprofessional conduct.
2660.3 Public Letter of Reprimand
2660.4 Failure to provide records
2660.5 Registered sex offenders
2660.7 Subverting the Examination Process
2661 Guilty pleas, verdicts and No Contest
2661.5 Cost recovery
2661.6 Probation
2661.7 Appeals Process
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Question: The Physical Therapy Act Article 7- Substance Abuse Rehabilitation Program
Answer: 2662 Program to rehabilitate PT and PTA's addicted to Alcohol or drugs. Goal to return the practitioner to practice in a manner that will not endanger the public health and safety.
2663 -6 Program establishment
2667-8 Confidentiality and cost recovery
2669 Not a defense before the Board
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Question: The Physical Therapy Act Article 8 - Offenses Against This Chapter
Answer: 2670 Violation of any provision in this chapter is a misdemeanor
$1000 fine
6 months in jail
Both
2672 Injunctions
Restraining conduct by any County Superior court may be initiated by an application from the Medical Board, or 10 or more licensed PT's.
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Question: The Physical Therapy Act Article 9 - Fiscal Administration
Answer: 2680 Records on licensees
2681 - 87 Physical Therapy Fund
2688 - 89 Fee assessment
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Question: The Physical Therapy Act Article 10 - Physical Therapy Corporations (2690 - 2696)
Answer: 2692 Physical therapy corporations are bound by the same statutes and regulations that bind the person holding the license under this chapter.
2693 Naming of Physical Therapy Corporations
2694 Ownership of Physical Therapy Corporations
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Question: Physical Therapy Regulations California Code of Regulations (1398 - 1399.99)
Answer: 1398.6 Filing of Addresses
1398.10 Advertising
1398.11 Identification tags requirements
1398.13 Patient Record requirements
1398.21.1 Failure to pass examination
1395.26.5 Clinical service requirements for foreign trained practitioners.
1398.37 Identification of students and interns
1398.44 Supervision of the PTA
1398.47 Equivalent training or experience: PTA
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Question: Physical Therapy Regulations California Code of Regulations (1398 - 1399.99) cont
Answer: 1399 Requirements for use of Aides
1399.10 Supervision of PT license Applicants
1399.20 Substantial Relationship Criteria
1399.25 Administrative Citations
1399.35 Requirements for Professional Corps.
1399.50 Outline of Physical Therapist Fees
1399.60 EMG Certification defined
1399.75 -79 Topical Medication regulations
1399.90-99 Continued Competency
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Question: Related Laws & Regulations Highlights

(B &P Code: 654.2)
Excessive prescribing or treatment (B&P Code:725)
Insurance fraud (B&P Code: 810)
Prominent display of license (B& P Code: 680 -680.5)
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Question: Penal Code Highlights
Answer: Report of injuries (Penal Code: section 11160)
Child Abuse and Neglect Reporting Act
(Penal Code 11164 - 11174.3)
Sexual Assault
Sexual exploitation
Neglect (Penal Code: section 11165.2)
Severe neglect
General neglect
Mandated Reporter (Penal Code: section 11165.7)
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Question: PART ONE
Answer: BUSINESS AND PROFESSIONS CODE
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Question: Article 1: Administration

Members of the Board
Answer: 1) 1 PT involved in PT education,
2) 3 PTs with 5 years experience,
3) 3 public members who aren't licentiates of the board or any other medical board (CA citizen, not school faculty)
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Question: Priority of the Board
Answer: Protection of the public
Licensing, regulating and disciplinary roles
The mission of the Physical Therapy Board of California is to promote and protect the interests of the people of California by the effective and consistent administration and enforcement of the Physical Therapy Practice Act.
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Question: Terms of Serving on the Board
Answer: 1) Appointed 4 years, exp. on June 1
2) 1 public and 4 PT members appt'd by governor
3) Senate Rules Committee and speaker of assembly each appoint 1 public
4) Members of the Board elect a president
5) Board may elect an executive officer to exercise the duties required
6) Board may appoint an commissioner on examination -who is suitable qualified but not a member of the Board but will be subject to the rules and regs and same fees
3) Cannot serve more than 2 consecutive terms
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Question: Qualifications of Public Members
Answer: - Be a citizen of CA.
- Shall not be an officer or faculty member of any college in PT education.
- Shall not be a licentiate of the Medical Board of CA
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Question: Meetings
Answer: 1 regular meeting annually in Sacramento, LA or SF or from time to time till business is complete
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Question: Duties of the Members of the Board
Answer: 1) May inspect PT facilities
2) May review patient charts
3) Can suspend and revoke licenses (notice must be given)
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Question: How is this Chapter cited?
Answer: This chapter may be cited as the Physical Therapy Practice Act
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Question: Public Employees
Answer: PT consultants under contract for the board are considered a public employee; or clerical or other employees necessary to carry out powers and duties of Board
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Question: Article 2

General Provisions

Definition of Physical Therapy

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Question: ARTICLE 2 General Provisions
Answer: - NOT ALLOWED:
- use of roentgen rays/radioactive materials for diagnostic or therapeutic purposes
- electricity for surgical purposes is authorized
- diagnosis of disease not under Physical Therapy
- can apply topical meds if comply with regs and administration act (conferred with Medical Board of California as to which ones and protocols; but NOT prescribe them
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Question: Neuromuscular evaluation
Answer: 1) Can perform tissue penetration for evaluation neuro performance
2) Must have authorization from MD/surgeon
3) PT must be certified by the board
4) PT CANNOT develop or make diagnostic or prognostic interpretations of data obtained (violation of the Medical Practice Act)
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Question: Minimal Time that Patient Records must be kept for
Answer: 7 years.

1) Patient records shall be kept for a period of no less than 7 years following the discharge of the patient
2) Records of unemancipated minors shall be kept at least 1 year after the minor has reached 18 years of age.
No less than 7 years in any case
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Question: Documentation
Answer: - evaluation, goals, treatment plan, summary of treatment
- any actual intervention given
- sign legibly
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Question: PTs cannot do what
Answer: 1) PTs cannot diagnose disease
2) PTs cannot provide prognostic interpretation of data
3) PTs cannot prescribe medicines
4) Perform medicine, surgery or any other healing art
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Question: PT Aide
Duties & Regulations
Answer: PT may use 1 aide to assist in PT
1) Patient related - services directly to the patient, excluding non patient related tasks
2) Non patient related tasks :Observation of patient, transport, physical support only during gait training/transfers, housekeeping duties, clerical duties, and similar functions

- Under direct, continuous and immediate PT supervision at all time. Direction and order from PT
- no authority for aide to independently perform PT or a PT procedure
- must be same facility and in proximity to PT aide when performing patient related tasks.
- when patient related tasks are performed at some point in that day, PT must provide direct services to the pt for their condition, or to further evaluate and monitor patient progress and document in patient's record
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2) A licensed PT who has received a doctoral degree in PT may use "D.P.T."use unabbreviated qualification in speaking and writing after using Dr. but must specify it is in PT
3) Can use DPT, PhD or EdD as appropriate with approved doctoral degrees
4) WASC approval for doctoral degree for accreditation
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Question: PT Applicant Qualifications
Answer: 1) Over 18 years old.
2) Successful education and training.
3) Not addicted to drugs/alcohol.
4) No crimes (constituting denial of license).
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Question: Examinations required before licensing
Answer: 1) Laws & regulations to the practice of PT.
2) National Physical Therapy Examination
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Question: Requirements for Reciprocity Applicant
Answer: Requirements for being issued a license without a written examination
1) Licensed in another state, district or territory
2) Graduated PT Edu program deemed equal/higher than CA, passed NPTE or equivalent (and or met the requirements for foreign applicants if applicable)
3) Files an app and meets requirements
4) Application based on a license certificate from another state - May need oral exam and present file of past work to board
5) May perform as a PTLA while waiting for license (from receipt of application till license - only for 1 st time applicants)
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Question: Conditions of Graduate Practice as a PTLA
Answer: - Letter of authorization after completing approved course and applied to board for 1st time - will be able to be PTLA
PTLA in effect until regular, renewable license is issued or licensure denied by board.
- Upon failure or license denied by Board, licensee can no longer practice as a PTLA - only allowed to practice as PTLA once
- PTLA is under direct and immediate supervision of PT
- not considered a graduate till passed all training and clinical internships required for graduation
- if fail to take next succeeding exam, fails to pass or obtain a license - all priviledges of PTLA are lost
- if Computerized test - 90 days to do exam plus all above requirements and procedure.
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Question: Article 3

Education
Answer: - Shall be a graduate of a professional degree program of an accredited postsecondary institution or institutions approved by the board, and shall have completed a professional education including academic coursework and clinical internship (at least 18 weeks full time) in physical therapy.
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Question: What is a PT student's title during Clinical Internship

- as long as student matriculated in approved, accredited course from performing PT as part of their studies
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Question: Requirements for applying for license if foreign trained or not in an approved US program
Answer: 1) If from a foreign school,
a) submit docs to prove equivalence, pass written exam (except if NPTE completed to satisfaction in another state),
complete 9 months clinical service (direct, supervision, evaluated) Can be waived.
b) During those 9 months, can work as PTLA
c) Same req's apply to American student from non-accredited school
d) If certificate under another state may oral and file of past work
e) If no educational equivalent- may be eligible PTA
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Question: Article 4.5 PT Assistant

Supervision of PTA
Answer: 1) 1 PT: 2PTAs
2) Board may permit more if adequate supervision available if public health and safety served
3) # of PTAs never exceeds 2X # of PTs
4) Onsite & adequate supervision
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Question: PTA - Qualifications
Answer: 1) Successfully pass examination
2) Completed appropriate education and training
3) Not addicted to drugs/alcohol.
4) No crimes (constituting denial of license).
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Question: Requirements for being issued a PTA license without a written examination
Answer: 1) Licensed in another state deemed equal/higher than CA
2) Graduated PTA Edu program (CAPTE/APTA)
3) Files an app and meets requirements
4) First time applicant - qualify as PTAA
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Question: Violation of False Identity
Answer: e.g using PTA when not licensed-VIOLATION OF FALSE IDENTITY IS A MISDEMEANOR
- punishable by a fine not exceeding one thousand dollars ($1,000) or imprisonment in a county jail not exceeding six months, or by both.
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Question: Article 5 :
Suspension, Revocation and Reinstatement of License)

Cause for Suspension of License
Answer: Suspend for not more than 12 months, revoke, or impose probationary conditions upon any license, certificate, for unprofessional conduct

-Wrongful ads, fraud in obtaining a license, impersonating a PT
-conviction of violating this Act or Medical Practice Act or helping others to do so - or others to practice unlawful PT
- procuring or aiding or offering to aid and procure in criminal abortion.
-conviction of a crime that may effect role as a therapist (including fraudulent, dishonest, corrupt acts)
- Gross negligence, verbal/sexual harassment/abuse
-Habitual intemperance (alcoholism); addiction to drugs
-Not following infection control guidelines
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Question: Sexual activity
Answer: A patient, client, or customer of a licentiate is conclusively presumed to be incapable of giving free, full, and informed consent to any sexual activity which is a violation of Section 726.
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Question: Requirements for issuance of a probationary license to applicants
Answer: Board may refuse a license to any applicant guilty of unprofessional conduct or sexual activity referred to in Section 2660. A probationary license may be issued to any applicant for a license who is guilty of unprofessional conduct but has met all other requirements pending:
1) Medical or Psychiatric evaluation
2) Continuing medical or psychiatric treatment
3) Restriction of the type or circumstances of practice
4) Continuing Rehab program
5) Abstentation from alcohol or drugs
6) Random fluid testing
7) Compliance with laws and regs governing PT
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Question: Time of Notification for Issuance of Public Letter of Reprimand
Answer: 30 days.

1) The board shall notify licensee to issue letter 30 days in advance.
2) Licensee should agree to letter 15 days in advance
3) If licensee does not agree to the letter the Board may proceed to formal accusation
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Question: Purpose and Disclosure of Public Letter of Reprimand
Answer: 1) Used for only minor violations in place of filing prosecution or accusation
2) Disclosed to an inquiring member of the public
3) Posted on board's website and disclosed to an enquiring member of the public
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Question: Penal code
Answer: Board can deny a physical therapist license if required to register pursuant to Section 290 of the Penal Code. - - not apply to applicants required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code.
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Question: Conviction of crime
Answer: A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge for a felony or of any offense which substantially relates to the qualifications, functions, or duties of a physical therapist is deemed to be a CONVICTION.
The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, (irrespective of a subsequent order allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment).
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Question: Recovery of Investigation & Prosecution costs
Answer: 1) Licensee found guilty must pay the board the actual costs of litigation & prosecution of the case. May use an administrative law judge to set and board cannot increase.
2)Failure to pay - go to court and no license
2) For a person with financial hardship, license may be conditionally re- instated for 1 year in order to assist with reimbursement (formal agreement)
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Question: Probationary monitoring
Answer: Board shall establish a probation monitoring program to monitor probationary licenses.
(b) The program may employ nonpeace officer staff to perform its probation monitoring.
(c) The program shall be funded with moneys in the Physical Therapy Fund.
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Question: Petitions for reinstatement of license
Answer: If license has been revoked or suspended, probation, may petition the Board for reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than the following minimum periods has elapsed:
1) At least three years for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after two years.
(2) At least two years for early termination of probation of three years or more.
(3) At least one year for modification of a condition, or reinstatement of a license or approval revoked for mental or physical illness, or termination of probation of less than three years.
- require facts presented by the Board
- verification of 2 license PT of activity
- may use an administrative law judge to decide
- may consider all activities since the disciplinary action was taken, the offense , the petitioner's activities during the time the license was in good standing,rehabilitative efforts, general reputation for truth, and professional ability.
- not considered if under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole.
- No petition shall be considered while there is an accusation or petition to revoke probation pending against the person.
- The board may deny, without a hearing or argument, any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section.
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Question: Article 5.5 Diversion Program

Legislative Intent of Diversion Program
Answer: Board shall seek ways and means to identify & rehabilitate PTs and PTAs whose competency is impaired due to abuse of dangerous drugs or alcohol so that they may be treated & returned to the practice of PT in a manner they will not be a danger to public safety.
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Question: Composition of Diversion Program Board Members
Answer: -may establish one or more diversion evaluation committees. Any diversion evaluation committee
- shall operate under the direction of the
diversion program manager, as designated by the executive officer of the board. The program manager has the primary responsibility to review and evaluate recommendations of the committee.

-Composed of 3 members
- Members are recovering in substance abuse but free from substance abuse in past 3 yrs or who are knowledgable in treatment and recovery of abuse
-Board considers appt'ing MD certified in psych
-Term is 4 years
- for business decision a minimum quorum is required (chair and vice chair elected)
- can hold closed meetings for privacy of the individual
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Question: Duties of Diversion Program
Answer: 1) Evaluate eligibility of PTs and PTAs and make recommendations, also consider any recommendations from professional consultants
2) Review and receive info for those participating in program; reports, call meetings to consider requests of PTA or deal with issues from the Board.
3)In writing the terms and conditions of the diversion agreement that is approved by the program manager for each physical therapist in the program, including treatment, supervision, and monitoring requirements.
3) Review & designate treatment facilities
4) Hold a general open, meeting at least twice a year to evaluate program's progress and report to the board on proposals
5) Assess the return of participant in diversion program to safely resume PT practice
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Question: Criteria for being able to enter diversion program
Answer: a) - licensed as a physical therapist
- abuse dangerous drugs or alcoholic which may affect his or her ability to practice physical therapy safely or competently.
- voluntarily requested admission to the program or shall be accepted into the program in accordance with terms and conditions resulting from a disciplinary action.
- agree to undertake any medical or psychiatric examination ordered to evaluate the applicant for participation in the program.
- shall cooperate with the program by providing medical information, disclosure authorizations, and releases of liability as may be necessary for participation in the program.
- shall agree in writing to cooperate with all elements of the treatment program designed for him or her.
- may be denied participation in the program if the board, the program manager, or a diversion evaluation committee determines that the applicant will not substantially benefit from participation in the program or that the applicant's participation in the program creates too great a risk to the public health, safety, or welfare.

(b) A participant may be terminated from the program for any of the following reasons:
(1) The participant has successfully completed the treatment program.
(2) The participant has failed to comply with the treatment program designated for him or her.
(3) The participant fails to meet any of the criteria set forth in subdivision (a) or (c).
(4) It is determined that the participant has not substantially benefited from participation in the program or that his or her continued participation in the program creates too great a risk to the public health, safety, or welfare.
- if denied entry to program or not completed successfully Whenever an applicant is denied participation in the program or a participant is terminated from the program for any reason other than the successful completion of the program, shall be reported, with documents to the executive officer of the board, with possible disciplinary action.

(c) In addition to the criteria in (a), the board may set forth in its regulations additional criteria for admission to the program or causes for termination from the program.

- participant to pay fee
- review the activities and performance of the contractor (if used) on a biennial basis. The board shall review files of participants in the program. However, the names shall remain confidential, except when the review reveals misdiagnosis, case mismanagement, or noncompliance by the participant.

Participation in a diversion program shall not be a defense to any disciplinary action which may be taken by the board. This section does not preclude the board from commencing disciplinary action against a PT who is terminated unsuccessfully from the program under this section. That disciplinary action may not include as evidence any confidential information.

- All board and diversion evaluation committee records and records of proceedings and participation of a physical therapist in a program shall be confidential and are not subject to discovery or subpoena.
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Question: Article 6 ;
Offenses and enforcement

Violations are a misdemeanor
Answer: Any person who violates any provision of this chapter shall be guilty of a misdemeanor, punishable fine not exceeding $1000 or imprisonment in county jail <6 months or both
- can be effected by superior court of any county, Medical Board of Ca, the Board or 10 or more licensed PT to get an injunction or other order to stop the conduct.
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Question: Article 6.5

Continuing education and competency
Answer: Required to have 30 hours every 2 years
Not require further degree but can use this as evidence
Random audits
Admin funded license and/or CE courses provider fees, course approval fees
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Question: Article 7
Fiscal Administration

Reports to Fiscal Administration
Answer: The Board reports within 10 days of each calendar month to state controller:
- Accredited PT fund
- List of persons seeking to be licensed
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Question: When does the license expire? When must an expired license be renewed?
Answer: - License shall expire at midnight on the last day of birth month of licensee
- Notice of expiration given 60 days in advance
-Expired license may be renewed within 5 years
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Question: Fiscal Administration keeps records about licensee regarding:
Answer: -License Register:
1) Name of every licensee
2) Place of residence
3) Date and # of his/her license
4) Any disciplinary action
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Question: Fiscal money procedure
Answer: Within 10 days after the beginning of each calendar month the board shall report to the State Controller the amount and source of all collections made from persons licensed or seeking to be licensed and pay all such sums into the State Treasury, where they shall be credited to the Physical Therapy Fund.
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Question: Fee Schedule for Application, Licensing & Renewal Fee
Answer: -Application fee:
-Licensing fee: $125 / $200 (foreign)
-License issue - $100
-Renewal fee: $200 after April 2009
- expires midnight last day of birth month during the 2nd year of a 2 year term
- pay fee, submit CE info, and admit any offenses (found guilty, pleaded guilty or no contest)
- within 5 years can renew if meet above and pay all the unpaid fees
- establish by regulation suitable application and renewal fees of not more than two hundred dollars ($200), for persons certified to perform electromyographical
- board shall charge an examination and reexamination fee of $500 to applicants who are examined and who have been found to otherwise meet the board's standards for certification.
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Question: ARTICLE 8
Physical Therapy Corp
Definition of Physical Therapy Corporations
Answer: A physical therapy corporation is a corporation that is authorized to render professional services, so long as that corporation and its shareholders, officers, directors, and employees rendering professional services who are physical therapists are in compliance with the Moscone-Knox Professional Corporation Act,
- constitutes unprofessional conduct and a violation of this chapter for any person licensed under this chapter to violate, attempt to violate, directly or indirectly, or assist in or abet the violation of, or conspire to violate any provision or term of this article, the Moscone-Knox Professional Corporation Act, or any regulations duly adopted under those laws
- In the conduct of its practice, it shall observe and be bound by such statutes and regulations to the same extent as a person holding a license under this chapter.
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Question: PT Corporation Name
Answer: The name of the PT corp should have "physical therapy" or "physical therapist" in it and wording or abbreviations denoting corporate existence.
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Question: Qualification of Directors & Officers of PT Corporation
Answer: Each shareholder/director/officer should be licensed PT (except secretary and assistant treasurer)
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Question: Income of PT Corporation
Answer: Shareholder rendered disqualified - does not get profit
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Question: Regulations of PT Corporation
Answer: Corp regulations should include:
1) bylaws of stock(e.g. capital stock owned by a disqualified person, or deceased - shall be sold to the corp or to remaining shareholders of the corp within time as regs allow)
2) adequate insurance coverage
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Question: BREATHE

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Question: PART 2
Answer: PHYSIOTHERAPY REGULATIONS
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Question: Notice of Address/Name Change required within:
Answer: 1) Each licensee (active, delinquent, suspended, certified, expired, authorized to practice PT or EMG) BUT not canceled or revoked) - must report any change in residence/name/email address to the Board no later than 30 days after change has occurred.
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Question: Advertising
Answer: - advertising provision of any services authorized by a PT, in keeping with Section 651 code and not promote, excessive unnecessary use of such services
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Question: Information documented in Patient Records (by PT)
Answer: PT shall document & sign the following information:
1) Exam & Eval (and reexam/reeval)
2) Diagnosis/Prognosis
3) Interventions
4) Treatment plan & modification of POC
5) Each treatment provided by PT or PT aide
6) D/C summary
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Question: Notice to consumers
Answer: - PT provide Form NTC 12-01 teach patient
- notice can be provided by - displaying form NTC 12-01 to prominently or giving patient a copy of the form - acknowledgement signed, dated by patient or rep in patient records.
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Question: Information documented in Patient Records (by PTA)
Answer: PTA shall indicate in the patient record:
1) Date & nature of service provided
2) Name & title of any individual who provided such service

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Question: Identification Name Tag needed for PT Aide, Intern, & Applicant
Answer: All PT aides/apps/students must wear name tag with 18 point font
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Question: Article 2
Answer: Applications and Examinations
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Question: Identification & Supervision of Students & Interns
Answer: 1) Students shall only be identified as physical therapist student/intern
2) Must wear identification tag
3) CI must provide ON SITE supervision
4) CI shall countersign all entries in the patient's record on the same day as patient related tasks were provided by the student
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Question: Time given to pass NPTE before license application is denied
Answer: 1 year from original notice

Application for licensure can be denied when an applicant fails to pass the examination within 1 year from the date of original notice - can re-apply for new application with fees.
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Question: Time given to pay initial license fee before application is considered abandoned
Answer: 5 years.

An application is deemed abandoned if applicant fails to pay initial license fee within 5 years and any examination not passed . Can be eligible again for licensure upon re-exam and filing updated application

- application can also be considered 'abandoned' if the not competed application, incomplete documents or additional info, payment of fees.
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Question: Processing Time for PT applications
(apply to those who take and pass the exam within 60 days from ATT)
Answer: 1) Shall inform applicant of complete application within 30 days
2) Inform applicant about completion of examination requirements within 60 days
3) Minimum processing time ~ 46 days
4) Median processing time ~ 88 days
5) Maximum processing time ~ 365 days
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Question: Credential evaluation services (requirements)
Answer: 1) Use of PT consultants in the US and used in an advisory capacity to review individual for comparability with US training
2)Service can document the experience of tis employees by producing positive letters from other state licensing agencies, educational inst. or prof. organizations
3) Able to submit a report, whether foreign trained PT is equivalent and is entitled to practice in own country as PT.
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Question: Documentation of equivalence degree for licensure
FSBPT CWT
Answer: - transcripts, credential review authenticated by official PT program, all submitted direct to agency.
- translated
- if instances beyond control and applicant can't provide all info - the Board may use their discretion and accept other docs
- CA accept CWT based on year of qualifying
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Question: Clinical Service Requirements for Foreign Educated Applicants
Answer: 1) At least one supervising PT (APTA certified clinical instructor) must be ONSITE in the same facility (center co-ordinator of clinical education and/or clinical instructor) approved by Board, even if licensed in another jurisdiction
2) Applicant must be evaluated using the PT CPI - report that the PTLA has skills to perform any PT exam or procedure in Ca healthcare system. 2 evaluations - midway and end to form report
3) Complete 9 months of clinicals
4) 3/9 mos of clinical service is waived if Law and Ethics course is taken or if 4 CE units in ethics by Board approved CE site
5) 1 month waived for each month of licensed clinical practice in another state up to required 9 mos
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Question: Processing time for foreign applications
(apply to those who take exam within 60 days of ATT)
Answer: 1) Shall inform applicant of complete application within 30 days
2) Inform applicant about completion of examination requirements within 150 days
3) Minimum processing time ~ 95 days
4) Medial processing time ~ 400 days
5) Maximum processing time ~ 550 days
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Question: Processing time for PTA Applications
Answer: 1) Shall inform applicant of complete application within 30 days
2) Inform applicant about completion of examination requirements within 60 days
3) Minimum processing time ~ 67 days
4) Medial processing time ~ 127 days
5) Maximum processing time ~ 166 days
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Question: Article 3
Answer: Physical Therapy Schools
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Question: Approved schools
Answer: On file Sacramento - kept by executive officer and accredited by a National association or agency recognized by Council on Post Secondary Education and or Dept. Of Educ. (both the institution and program)
- teaching programs not< than 1400 hours may be established in hospitals for those meeting requirements of 2650 business and prof code and the program is accredited
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Question: Supervision required for PTA
Answer: 1) Supervising PT should be ONSITE
2) PT must provide "adequate supervision" including ability to communicate in person/on phone at all times
3) PT will periodically provide observation of pt care
4) PT will evaluate, treatment/goals and reveal
5) POC communicated verbally/in writing to PTA before PTA treats patient
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Question: Criteria for approval of PT facilities for foreign trained clinical service
Answer: 1) PT facility completes a form entitled CLINICAL SITE
2) Info form (CSIF) - APTA; certifying facility has staffing, clinical instructors, experience to provide PTLA
3) CSIF to board, with Board's notice of Intent to Supervise a foreign educated student (F1B).
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Question: Students and Interns
Answer: Students = academic training
Intern= completed coursework
- onsite supervise by supervisor of CI of assigned patient care to student or intern
- document each treatment with signature. CI countersign first initial and second name, all entries ON THE SAME DAY.
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Question: ARTICLE 4
Answer: PTA
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Question: Duties of PTA
Answer: 1) Notify the PT of record
2) Document in patient record any change in patient's condition not within planned progress
3) Document any change in patient's general condition
4) Document date, service, name & title
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Question: PTA supervision
Answer: Supervising PT available at all times, phone or in person
PT periodic observation pt care
PT evaluate, form Rx goals, and reveal
POC -Document communication verbally and in writing to PTA BEFORE PTA Rx's patient
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Question: When is Co-signature of PTA documentation needed
Answer: within 7 days.

1) Within 7 days of PTA care, PT shall review, cosign and date all documentation by PTA and conduct weekly case conference and document in record
2) Within 7 days of D/C, PT documents patient discharge along with signature and patient's response to treatment
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Question: Education considered 'equivalent training' for PTA
Answer: Education Equivalents for PTA's:
1) Military training in hospital and PTA course including min 550 hour of tech courses related to PT, 350 hours clinical experience
2) Combo of training and 36 mos of full-time work experience in PT, 30 semester of instruction, 18 mos PT work in acute care facility
3) 60 months of full-time PT experience, 30 months experience in acute care + education a/a.
4) Supervised by an PT license or approved out of state PT.
5) Work experience obtained in past 10 years, one half obtained in last 5 years of application.
6) General education requirements
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Question: Supervision of PTA
'Adequate' supervision defined
Answer: - PT responsible at all times for PTA and services provided and must ensure that PTA does not practice autonomously
- PT responsible to follow progress of each patient, and which elements of treatment plan may be assigned
- PT who performs the initial evaluation, will be the PT of record unless re-assigned - with a written transfer system to succeeding PT
- PT of record provides supervisor and direction, PTA should identify and be in communication with PT of record at all times during treatment of a pt
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Question: Supervison PTA (continued)
Answer: A PTA CANNOT
- perform measurements, data collection, or care prior to PT evaluation
- document patient evaluation and reevaluation
- write a discharge summary
- establish, change plan of care
- write progress notes to another professional (exc daily chart notes)
- be sole PT rep. responsible in meeting where patient's plan of care is assessed or modified
- supervise a PT aide performing pt related tasks
- provide treatment if the PTA holds management position in the PT business where care is given (control or influence of scheduling, hiring or firing
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Question: ARTICLE 5
Answer: PTA SCHOOLS
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Question: Criteria for schools and definition of PTA students and interns, name badge
Answer: AS PER PT schools
- supervise by PT supervisor or PTA under supervision of a PT may perform as clinical supervisor
- PT onsite supervision, immediate
- PTA student or intern document each treatment , sig, CI countersign, first initial and last name; ON THE SAME DAY as patient related tasks performed.
- supervising PT conduct a weekly conference and document in record.
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Question: ARTICLE 6
Answer: PT AIDES
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Question: PT aide
Answer: - unlicensed
- patient and non patient related tasks
- PT evaluate and record aides' level of competency, for performing the patient related task. Record of competencies
- pt related - PT service direct to patient excluding non pt related tasks 9 obsv of pt, transport of pt, physical support only during gait and transfers, housekeeping and clerical and similar).
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Question: Under orders and immediate supervision means-
Answer: -evaluation of patient by PT prior to pt related tasks assigned to aide
-PT formulate Rx program based on naval and any other info, determine patient related tasks assigned to aide that can be performed safely and effectively - responsible at all times for the conduct of the aide,
- continuous and immediate supervision of aide
- same facility, immediate proximity pt related tasks - able to give immediate advice, instruction or intervention
- at some point in day, give PT will give direct service to the patient, as treatment or eval and or monitor progress
- PT make the necessary periodic adjustment in patient treatment program, documented.
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Question: Article 7
Answer: Practice by Applicants
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Question: Supervision PTLA
Answer: - direct and immediate supervision
- PT responsible
- close proximity to location where PTLA is Rx patients.
- document Rx, signature
- PT countersign with initial and second name ON THE SAME day as patient related tasks provided
- PT shall document receipt of letter authorizing PTLA and record of expiration, in employee record
- PT require documentation of the license then issued at end of PTLA status.
-if fail exam, all priviledges of PTLA are lost. Unprofessional conduct if PT allows PTLA to continue to work.
- PTA LICENCE applicants - same as above, but supervising PT will also conduct a weekly case conference, and document this in the case record
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Question: Model guidelines for issuing citations and imposing discipline
Answer: In deciding to impose a disciplinary action the board shall consider these guidelines from 2009. - Board can deviate from its rems of probation, orders, guidelines with discretion - e.g. mitigating factors, age,
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Question: Issuance of an initial probationary license
Answer: - delegated to exec officer or board president, VP - use terms and conditions as per point 91
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Question: Article 8
Answer: Discipline and reinstatement of license
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Question: Substantial Relationship Criteria for denial, suspension, or revocation of a license
Answer: Denial, suspension, or revocation of a license shall be considered if the person commits a crime that is substantially related to qualifications, functions, or duties of a license holder, - if it presents strong evidence of present of potential unfitness of a person too perform function - for safety, PH, or welfare. Incl:
1) Conspiring to violate directly or indirectly any term of the Physical Therapy Practice Act.
2) Conviction of a crime involving fiscal dishonesty
3) Violating any term of the Medical Practice Act
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Question: Rehabilitation Criteria for Suspensions or Revocations of Licensure
Answer: When considering the SUSPENSION/REVOCATION OF A LICENSE, criteria for evaluating the rehabilitation of the applicant and his/her present eligibility for a license are:
1) Nature & severity of the act
2) Total criminal record
3) Time that has elapsed since offense
4) Extent to which the applicant has complied with any terms of parole, probation, restitution
5) Evidence of any rehabilitation submitted by the licensee
6) Evidence if any of expungement proceedings to the section of Penal Code
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Question: Required Actions against Sex Offenders
Answer: If an individual is required to register as a sex offender, or the equivalent in another state, or territory or military of referral law - the admin law judge shall the proposed decision is to:
1) Promptly revoke the individual's license - not stay the revocation or allow probation
2) Not reinstate or reissue the individual's license

Not apply to the following:
- those relieved of their duty to register , or terminated under CA law, or the law of the area requiring jurisdiction, - Board can discipline
- those required to register sole because of a misdemeanor under the Penal code - though Board can use its discretion to discipline a licensee
-
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Question: Provisions considered Unprofessional Conduct
Answer: The following provisions are considered "unprofessional conduct": Allowing the following in an agreement to settle a civil dispute from PT practice:
1) Prohibiting the other party from filing a complaint with the board
2) Asking the other party to withdraw the filed complaint

4) Failure to comply or cooperate with the board during investigation, court order, of the Ix pending against the PT. Not deprive the licensee of the 5TH amendment privilege guarantees or other constitutional or statutory privileges (and any use of these by PT not be used against them in a regulatory or disciplinary proceedings.
5) Failure to notify the board within 30 days

- indictment or info about a felony
- arrest of the licensee
- conviction, inc verdict of guilty, or pleas of guilty or no contest, of any felony or misdemeanor
- any disciplinary matter taken by another licensing entity, agency, fed government, or US military
- any report regarding settlements, judgements or arbitration awards
- failure to comply with a court order, issued with the enforcement of a subpoena, mandating release of records to the Board.
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Question: Article 8.5
Answer: Administrative Citations
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Question: Administration of citations
Answer: Exec officer will determine when and against whom a citation will be issued.
- may contain an admin fine, an order of abatement, or both
- violation of PT practice Act
-violation f relation adopted by the Board
- other statutes or regs for which can authorize a citation
- citation will be in writing and describe the detail of nature and facts, incl statute number that has been violated.
- every citation shall be disclosed to an enquiring member of the public
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Question: Circumstances for Administrative Citations of $100-$2,500 fine
Answer: Circumstances for an administrative fine of $100-$2,500:
1) Good or bad faith of cited person
2) Nature/severity of violation
3) Evidence that violation was willful
4) History of violations same or similar
5) Extent of cited person's cooperation
6) Extent of cited person's mitigation of any damage/
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Question: Circumstances for Administrative Citations of $5,000 fine
Answer: Circumstances for an administrative fine of up to $5,000:
1) Violation presenting an immediate threat to health/safety of another person
2) Multiple violation of the PT Practice Act or willful disregard of the Law
3) Violations against senior citizen/disabled person
4) History of 2 or more prior citations of same/similar
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Question: Length of Time Administrative Citations Stay on Record
Answer: 5 years.

A citation is erased from licensee records 5 years from the date of issuance. If citation withdrawn or dismissed, the are removed immediately from the licensee record.
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Question: Compliance with orders of abatement
Answer: - if issued an order of abatement and cited person unable to complete correction within time limit, due to reasons outwit his control and reasonable diligence - may request an extension in writing to the exec officer
- when order of abatement not contested or if appeal fails; failure to abate the violation within time allowed is a violation and failure to comply. Time starts when order is served or received. Such violation can result in disciplinary action by Board or other judicial relief taken.
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Question: Citations for unlicensed practice
Answer: - the exec officer can determine when and against whom a citation is issued and to issue citations contains order of abatement and fines against persons, corp, associations, partnerships, who are performing or have performed services as a licensee under PT practice Act.
- each citation will contain an order of abatement
- Board can also issue fine for unlicensed activity,
- procedure is applied as above 100-105
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Question: Time given to request for informal conference to contest citation
Answer: 10 days.

1) The person cited may request an informal conference with the executive officer within 10 days of the citation
2) Executive officer must hold an informal conference with the person cited within 30 days or his legs rep and may affirm, modify, or dismiss the citation, including any fine, or order of abatement.
- executive officer mail within 10 days a reasons for action of the conference
- this is a final order with regard to the citation, including fine and order of abatement
- person cited does not waive her request for a hearing to contest a citation by requesting an informal conference - after which the citation is affirmed by the exec officer.
If citation is dismissed - after the conference - the request for a hearing on the matter shall be deemed withdrawn.
If the citation is modified, the citation withdrawn and new one drawn up. If hearing requested subsequent, it shall be requested in 30 days.
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Question: Article 9
Answer: PT Corps
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Question: Regs definition
Answer: PT Professional Corporation Regulations
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Question: Requirements for Professional Corporations
Answer: 1) Follows general corporation law and is a professional corp within the Moscone Knox Professional Corp Act

2) Each shareholder, director, officer & professional employee holds a valid PT license. A PT may be a shareholder in >1 professional corp.
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Question: Share: ownership and transfer
Answer: > 2 shareholders and one dies or is disqualified for >90 days,
- shares sold and transferred to the corp, its shareholders, or other eligible licensed person on such terms as are agreed upon
- not later than 6 months after death and not later than 90 days after date of disqualification
- corp and shareholders can decide or not to resale the shares from a disqualified person when eligible shareholder again.
- share certificate shall contain an appropriate legend to the restrictions of latter point
- no restriction on owning shares in a unprofessional corp.
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Question: Corporate Activities
Answer: A professional corp can perform any act authorized in its articles, or incorporation or bylaws, so ling as that act is not in conflict with or prohibited by these regs, the physical therapy practice act or new regs.
- a professional corp may enter into partnership agreements with other physical therapists, practicing individually or in a group, or other PT corps.
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Question: Article 10
Answer: Fees
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Question: PT/PTA Application Fee
Answer: $125.00
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Question: PT Application Fee for Foreign Graduates
Answer: $200.00
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Question: PT License issue
Answer: $100.00
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Question: Renewal of License
Answer: $200
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Question: PT/PTA Examination & Re-examination Fee for NPTE
Answer: PT fee: $400.00
PTA fee: $400.00
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Question: PT/PTA Examination & Re-examination Fee for Jurisprudence Exam in CA
Answer: $30.00
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Question: Electromyography Certification Fee (Application & Biennial Fee)
Answer: Application fee/renewal: $200
Exam/certification $500
Certification renewed with each holder's license
Subject to suspension and revocation
Unprofessional conduct to perform either EMG or electroneuromyography without authorization - unless to meet experience requirements for the board and is supervised.
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Question: Article 11
Answer: EMG certification
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Question: Definition of Electroneuromyography
Answer: "Electroneuromyography" means the performance of tissue penetration for the purpose of evaluating neuromuscular performance INCLUDING the evaluation of specific abnormal potentials & evoked responses
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Question: Definition of Kinesiological Electromyography
Answer: "Kinesiological Electromyography" means the study of the phasic activity of individual or multiple muscles in relation to another physiological event or exercise and DOES NOT include the evaluation of specific abnormal potentials and evoked responses
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Question: Certification required
Answer: Forbidden:
- tissue penetration for the purpose of making an EMG eval unless he or she is certified / or supervised in order to meet experience requirements for examination by the Board for certification
- kinesiological emg eval without additional authorization by Board as indicated on her certification
- no PT certified to perform electroneuromyographical without additional Board authorization as indicated on her certification
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Question: Requirements for Kinesiological Electromyography certification
Answer: 1) Licensure
2) Training in tissue penetration - evidence of training under licensed physician or PT certified to perform EMG; tissue penetration for the purpose of evaluation of muscular or neuromuscular performance (pertinent anatomy and physiology; choice of equipment; proper technique; hazards and complications, post test care; satisfactory performance by training in skills of tissue penetration.
3) Education: evidence of 1 of the following:
- completion course work pertinent to EMG obtained in a Uni or college (approved) - gain academic creditor CW which is acceptable to the Board.
- completion of self-study prepared enough to pass certification exam, provide evidence and any supervising EMG proctor named and statements provided.
- authorization to provide EMG in another state with similar requirements
4) Experience : evidence of following requirements
1) -provide evidence of (200 hours in kinesiological electromyography providing progressive EMG training under a certified PT in this state or another or licensed physician who uses this technique.
-2) Provide Documentation of completion of 50 kinesiological electromyographic examinations
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Question: Requirements for Electroneuromyography Authorization
Answer: In addition to POINT 124: provide evidence in one of the following for Education: (Licensure, training in tissue penetration as above 1/2 as before)
- in addition to regular course Uni /College as point 3 /124 - additional course work _ neuroanatomy, clinical neurology, clinical science of electoneuromyography,
- completion of self study, to pass supplemental exam provide evidence; any named proctors name and statements.
- authorization in another state same requirements

Experience:
1) 400 hours in kinesiological electromyography - evidence progressive training under a PT certified in this or other state; or an electrophysiological clinical specialist (ABPTS) or licensed physician who uses technique
2)Provide Documentation of completion of 200 electroneuromyography examinations
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Question: EMG Reports

-data collection, presentation and summarization
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Question: Article 12
Answer: Topical Medications
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Question: Compliance

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Question: Topical Medication Prescription
Answer: 1) Topical medication must be prescribed by an MD
2) Written protocol of meds including description, indications/contraindications, & proper procedure/technique
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Question: Administration of Medications
Answer: 1) Direct application
2) Iontophoresis
3) Phonophoresis
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Question: Authorization and protocols required
Answer: 1) Prescribed bt a practitioner legally (under fed.law) able to order it
2) Written protocols shall be prepared for application of each of the groups of meds - description of med, its actions, it's indications and CI and proper procedure and technique for application
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Question: List of Authorized Topical Medications that can be applied by a PT
Answer: A physical therapist may apply the following topical medications:
1) Bacteriocidal agents
2) Debriding agents
3) Topical anesthetic agents
4) Anti-inflammatory agents
5) Antispasmodic agents
6) Adrenocortico-steroids
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Question: Article 13
Answer: Continuing competency requirements and inactive license status
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Question: CPD required
Answer: 30 hours of continuing competency in each license cycle- provide evidence
First time license renewals - if renewal submitted prior to the expiration of original license the the CPD hours is half (15 hours)
For license accumulating CE units; under the CE requirements of APTA; OR CPTA one CEU is equal to 10 hours.
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Question: Content standards for Continuing Competency
Answer: - subjects related to either prof PT practice or patient management
- prof. practice of PT includes but not limited to prof accountability, prof behavior; prof development
- patient client management includes but not limited to examination, evaluation, and diagnosis, prognosis; plan of care; implementation; education and discharge
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Question: For each cycle
Answer: - 2 hours of ethics, laws, regs or some combination
- 4 hours in life support for HCP, comparable to or more advanced than American Heart Association basic life support course
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Question: Authorized pathways for gaining hours
Answer: - must be via authorized pathway - traditional or alternate
1) Traditional pathways: approved provider. No limit to hours
- continuing education courses, incl home and self study courses approved through an agency recognized by the board
- college coursework from an accredited institution

2) Alternate pathways :entity other than approved provider - specified by the board. Number must not exceed the cap below and via the board formula for hours:

(See attached card)
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Question: Standards for approval agencies
Answer: Approval agency must be recognized by the Board (met standards below):

- capacity to evaluate the course offered by the provider and shall conduct audits of at least 10% of it approved provider's courses
- procedure for periodic review of its courses to ensure content quality and currency
- procedure to respond to complaints
- shall provide services to all persons without discrimination
- if agency offers CE courses direct to a licensee - shall have means to avoid a conflict of interest between its functions as a provider, and its function as an approval agency
- if offering retroactive approval for a course, must evaluate the course for compliance of standards and record retention
- upon written approval that an agency has been approved by the Board, must advertise this fact
- Board may ask agency to submit records of compliance with this section
- failure of approval to comply fully, or a material misrepresentation to the Board, will lead to a withdrawals of recognition(Board members after written notice with reasons and giving time for agency to response)
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Question: Standards for approved providers
Answer: - topics pertinent to PT practise
- instructors competent and qualified appropriately, training, experience, scope of practice, licensure
- syllabus, learning obj, bibliography and a schedule - (in person course) and an outline (-online courses)
- written educational goals, specific learning obj, measurable and serve as basis for effectiveness of the course
- if joint sponsorship (provider works with others on distribution and or presentation of a CE course, procedures to identify and document each parties role.
-review of course periodically to ensure content quality and currency
- opportunity for participants to give feedback - use in evaluations for updating courses
- procedure to respond to complaints
- no discrimination
- maintain records, re course content and licenses for 7 YEARS
- disclose any financial interest, in products recommended during a course
- provide a certificate of attendee
- advertise is true and not misleading - and incl a statement with name of the approval agency, and it can be contacted about any concerns, any agency providers ID no. and no.of hours for which the course has been approved.
==================================================
Question: Record keeping (CPD diary)
Answer: - keep and maintain records for each course or activity - title, date, record of participation
- KEEP FOR 5 YEARS
==================================================
Question: Inactive Status
Answer: - written request Board grants inactive status if the license is current and not suspended, revoked or otherwise punitively restricted
- no activity if license inactive
- renewal fee for inactive license is same as an active license
- to restore an inactive license - pay fees and continuing competence fees; complete CE equivalent to that required for a single renewal period of an active license within the last 2 years prior to to applying to restore the license to active
==================================================
Question: Exemption from continuing competency
Answer: - evidence that the licensee was living in another country for 1 year or longer,
- absent due to military service 1 year or longer
- health or other good cause
a) Total physical or mental disability for 1 year, or longer and inability to work verifiable or an immediate family member you are totally responsible for;
- not granted for 2 consecutive renewal periods; need to renew license in an an inactive status if not meet CE requirements following an exemption,
==================================================
Question: Criteria for Approval of PT Facilities for Clinical Experience
Answer: Each PT facility shall complete a CSIF form in order to certify that the facility has the staffing, clinical experience, & clinical instruction to provide PT clinical experience for student
==================================================

Answer: 1) Under IMMEDIATE & DIRECT supervision
2) PT shall evaluate patient prior to performance of any tasks by the aide
3) Determine those tasks which may be assigned to an aide
4) PT shall be in the SAME facility and in IMMEDIATE PROXIMITY to the location where the aide is performing task
5) Shall perform periodic re-evaluation of the patient
==================================================
Question: Review questions
Answer: 1) Under IMMEDIATE & DIRECT supervision of a licensed PT
2) Be in CLOSE PROXIMITY
==================================================
Question: Supervision of PT Aide
Answer: 1) Under IMMEDIATE & DIRECT supervision of a licensed PHYSICAL THERAPIST
2) Be in CLOSE PROXIMITY
==================================================
Question: Supervision of PTLA
Answer: 1) ONSITE supervision by a physical therapist (clinical instructor)
==================================================
Question: Supervision of PTALA (PTA license applicant)
Answer: 1) Shall be supervised by a PT
2) May be supervised by a PTA under supervision of a PT
3) ONSITE supervision by a physical therapist
==================================================
Question: Supervision of PT Student
Answer: "Direct & immediate supervision" means a supervisor shall be at all times responsible for work performed and shall be in CLOSE PROXIMITY to tasks provided by PTLA/PTALA/PT Aide
==================================================
Question: Supervision of PTA Student
Answer: 1) PT shall at all times be responsible for work performed by a PTA.
2) PT must determine what services are deemed appropriate for PTA.
3) PT who conducts Initial Evaluation shall be the one to provide supervision & direction of PTA in the treatment of that patient
4) PTA should be able to communicate with PT at all times
==================================================

Answer: 1) Renewal of license with form
(at this time report any misdemeanor or crime)
2) Pay the prescribed renewal fee
3) Submit proof of completion of continuing Edu or competency
==================================================

Answer: b) a PT
==================================================
Question: Requirements for Renewing License are:
Answer: c) 12AM on the last day of the licensee's birth month
==================================================
Question: A PTALA can be supervised by:

a) PTA
b) PT
c) PT student
Answer: b) 5 years
==================================================
Question: PT license expires at:

a) 12pm on the last day of the licensee's birth month
b) 12am on the first day of the licensee's birth month
c) 12am on the last day of the licensee's birth month
Answer: c) 12 months
==================================================
Question: A PT may not renew his/her license if it has not been renewed with this many years after its expiration:

a) 3 years
b) 5 years
c) 7 years
Answer: Of a misdemeanor, with a fine no more than $1000 and/or imprisonment of no more than 6 months
==================================================
Question: The California Board of Physical Therapy may not suspend a license for more than:

a) 16 months
b) 14 months
c) 12 months
d) 10 months
Answer: a) 1 year
==================================================
Question: Anyone who violates the provisions of the Practice Act shall be guilty:
Answer: d) Ability to communicate with the supervising PT at all times
==================================================
Question: An application will be denied if the Board Exam is not successfully passed within:

a) 1 year
b) 2 year
c) 3 year
d) 5 year
Answer: a) A PT or PTA with onsite PT supervision
==================================================
Question: A PT must provide "adequate supervision" of a PTA. This includes:

a) On-site supervision of the PTA by the PT
b) Ability to communicate with a non-supervising PT at all times
c) Close proximity by the PT at all times
d) Ability to communicate with the supervising PT at all times
Answer: a) Between $100 and $2500
==================================================
Question: A PTA student may be supervised by:

a) A PT or PTA with onsite PT supervision
b) A PT only
c) A PT or PTA with "adequate" PT supervision
d) a PT or PTA with close proximity PT supervision
Answer: c) $5000
==================================================
Question: Violators of the Physical Therapy Practice Act may be subjected to an administrative fine:

a) Between $100 and $2500
b) Between $500 and $2500
c) Between $100 and $5000
d) Between $500 and $5000
Answer: c) 5 years
==================================================
Question: Violations of the Physical Therapy Practice Act that involves immediate threats, multiple violations, acts against senior citizens or disabled persons may incur a fine up to:

a) $1000
b) $2500
c) $5000
d) $7500
Answer: c) 30 hours every 2 years
==================================================
Question: All citations and violations of the Physical Therapy Practice Act are disclosed to the public and remain in licensee records for:

a) 3 years
b) 4 years
c) 5 years
d) 7 years
Answer: a) 15 hours within the first 2 years
==================================================
Question: To maintain a license, a licensee is required to complete the following competency hours:

a) 15 hours within the first 2 years
b) 15 hours within the first year
c) 30 hours within the first 2 years
Answer: 1) 2 hours in ethics, laws, and regulations
2) 4 hours in life support for health care professions
==================================================
Question: For first-time renewals the required continuing competency hours are:

a) 15 hours within the first 2 years
b) 15 hours within the first year
c) 30 hours within the first 2 years
Answer: 1) Continuing education courses
2) College coursework
3) Publishing a peer-reviewed journal article
4) Developing a ConEd course
5) Participating as a subject matter expert in the examination process
6) Serving on a Board
7) Performing role as a CI
8) Attending a PT conference or Board meeting
9) Passing ABPT Specialties Exam
==================================================
Question: For each renewal cycle, a licensee's continuing education hours must include:
Answer: a) Title of course, date taken, record of participation

These documents should be kept for 5 years.
==================================================
Question: The following are acceptable pathways for continuing competency hours:
Answer: 1) Residing in a foreign country for at least 1 year
2) Absent from CA for up to 1 year due to military service
3) Total physical/mental disability for 1 year
4) Total responsibility for a family member who has total physical/mental disability
==================================================
Question: Records of continuing competency hours should include:

a) Title of course, date taken, record of participation
b) Title of course, location taken, date taken
c) Date taken, location taken, record of participation
d) Title of course, location taken, record of participation
Answer: d) 30 days
==================================================
Question: Exemptions from completing continuing competency hours include:
Answer: b) 4 years
==================================================
Question: A licensee must report any felony or misdemeanor within:
a) 10 days
b) 15 days
c) 20 days
d) 30 days
Answer: c) Renew the license in the same time period as if it was active
==================================================
Question: Board members are appointed for terms of:
a) 2 years
b) 4 years
c) 6 years
Answer: c) Citation
==================================================
Question: When the Board grants an inactive status to a licensee, the licensee must:
a) Complete the continuing competency hours during the inactive status
b) Re-take the Board Exam in order to restore the license to active status
c) Renew the license in the same time period as it was active
Answer: a) Misdemeanor and a punishable by a fine $1000-$5000
==================================================
Question: Using a suspended license or duplicating a license warrants a:
a) Felony
b) Misdemeanor
c) Citation
Answer: c) 30 days
==================================================
Question: Practicing without a license or fraudulently taking the Board exam is a:
a) Misdemeanor and a punishable by a fine $1000-$5000
b) Misdemeanor and a punishable by a fine $2000-$5000
c) Misdemeanor and a punishable by a fine no less than $5000
Answer: A) Be credentialed by the APTA and oversee a student full time for at least 4 weeks
==================================================
Question: The Board will hold an informal conference within this many days from the receipt of the request:
a) 10 days
b) 15 days
c) 30 days
d) 45 days
Answer: D) all of the above
==================================================
Question: In order to qualify for continuing competency hours as a clinical instructor, a PT must:
a) Be credentialed by the APTA and oversee a student full time for at least 4 weeks
b) Be credentialed by the APTA or similar and oversee a student full-time for at least 7 weeks
c) Be credentialed by the APTA or similar and oversee a student full-time for at least 3 weeks
Answer: B) 4 PTs who have been practicing at least 5 years prior to appointment and 3 public members
==================================================
Question: The CBPT may issue a citation, impose discipline, suspend or revoke a license, or impose probationary conditions on a license due to:
a) Practicing beyond the scope of a practice
b) Failure to follow infection control guidelines
c) Committing sexual harassment/abuse
d) all of the above
Answer: All of the above
==================================================
Question: The members of the California Board of PT include:

a) 3 PTs who have been practicing at least 5 years prior to appointment and 3 public members
b) 4 PTs who have been practicing at least 5 years prior to appointment and 3 public members
c) 4 PTs who have been practicing at least 7 years prior to appointment and 3 public members
Answer: c) Inspect all documentation related to physical therapy services
==================================================
Question: The California Board of Physical Therapy is responsible for the following:

a) Establishing a passing score for all exams
b) Issuing licenses
c) Revoking licenses
d) all of the above
Answer: a) 45 days or 12 visits, whichever comes first
==================================================
Question: The California Board of Physical Therapy has the right to:

a) Inspect personal files of licensees
b) Arrest licensees
c) Inspect all documentation related to physical therapy services
d) Issue citations up to $10,000
Answer: c) No less than 7 years
==================================================
Question: In the state of California, PTs can treat patients without an MD referral for:
a) 45 days or 12 visits, whichever comes first
b) 30 days or 12 visits, whichever comes first
c) 45 days or 10 visits, whichever comes first
d) 30 days or 10 visits, whichever comes first
Answer: d) No more than 2 PTAs and one aide
==================================================
Question: Patient records should be maintained for:

a) No less than 3 years
b) No less than 5 years
c) No less than 7 years
d) No less than 9 years
Answer: c) PT
==================================================
Question: A physical therapist can supervise:

a) No more than 1 PTA and one aide
b) No more than 2 PTAs and 2 aides
c) No more than 1 PTA and one aide
d) No more than 2 PTAs and one aide
Answer: d) Progress treatment within the plan of care
==================================================
Question: PTAs can be supervised by a:

a) PT student
b) PTLA
c) PT
Answer: b) By a PT and in immediate proximity of the aide
==================================================
Question: A PTA is able to:

a) Write progress notes to other health care professionals
b) Provide treatment if serving in a management position
c) Supervise a PT aide
d) Progress treatment within the plan of care
Answer: a) By a PT and in close proximity of the PTALA
==================================================
Question: Supervision of a PT aide must be:

a) By a PT and in close proximity of the aide
b) By a PT and in immediate proximity of the aide
c) By a PT or PTA and in immediate proximity of the aide
d) By a PT or PTA and in close proximity of the aide
Answer: b) Cosigned the same day by the supervising PT
==================================================
Question: Supervision of a PTALA must be:

a) By a PT and in close proximity of the PTALA
b) By a PT and in immediate proximity of the PTALA
c) By a PT or PTA and in immediate proximity of the PTALA
d) By a PT or PTA and in close proximity of the PTALA
Answer: d) Disclosed to the public and remain in licensee records for 5 years
==================================================
Question: Documentation by a PTALA must be:

a) Cosigned the same week by the supervising PT
b) Cosigned the same day by the supervising PT
c) Cosigned the same week by the supervising PT and PTA
d) Cosigned the same day by the supervising PT and PTA
Answer: b) 5 years
==================================================
Question: All citations and violations of the PT Practice act are:

a) Disclosed to the public and remain in licensees records for 3 years
b) Confidential but remain in licensees records for 5 years
c) Disclosed to the public and remain in licensees records for 1 year
d) Disclosed to the public and remain in licensee records for 5 years
Answer: d) A and B
==================================================
Question: All licensees shall maintain records of continuing competency hours for:

a) 7 years
b) 5 years
c) 3 years
d) 2 years
Answer: c) 30 days
==================================================
Question: Exemptions from completing continuing competency hours include:

a) Residing in a foreign country for at least 1 year
b) Absent from CA for up to 1 year due to military service
c) Total physical or mental disability for at least 2 years
d) A and B
Answer: d) A and B
==================================================
Question: The Board will hold an informal conference within this many days from the receipt of the request:

a) 10 days
b) 15 days
c) 30 days
d) 45 days
Answer: d) 4 years
==================================================
Question: Topical medications may be administered by:

a) Direct application
b) Injection
c) Phonophoresis
d) A and B
Answer: licensed physical therapist
==================================================
Question: Board members are appointed for terms of:

a) 2 years
b) 6 years
c) 1 year
d) 4 years
Answer: Perform spinal joint manipulation requiring re-examination and clinical decision making
==================================================
Question: Who can legally perform the initial examination and evaluation of a patient referred to physical therapy?
Answer: Change the plan of care in order to better meet the patients needs
==================================================
Question: Which of the following interventions would NOT be appropriate to delegate to a physical therapist assistant?
Answer: Physical Therapists
==================================================
Question: Which of the following would NOT be appropriate within the scope of practice of the physical therapist assistant?
Answer: The supervising physical therapists shall be readily available in person or by telecommunication to the PTA at all times while the physical therapist assistants is treating patients.
==================================================
Question: Who may legally supervise PT Aides in California?
Answer: Laws and regulations provide rights and protection for PT's and PTA's as well as outlining the responsibilities and limitations of the scope of practice
==================================================
Question: Which statement best describes supervision requirements for physical therapist assistants?
Answer: Go to the website for the Physical Therapy Board of California
==================================================
Question: Which statement is true regarding laws and regulations governing physical therapy practice?
Answer: Evaluate and develop a treatment plan for a patient with a routine condition
==================================================
Question: How could a student physical therapist assistant most easily obtain a copy of the "practice act" for physical therapy in California?
Answer: assisting the patient with an excercise routine
==================================================
Question: Which of the following would not be appropriate for a licensed physical therapist assistant?
Answer: The physical therapist must provide continuous and immediate supervision of the aide
==================================================
Question: Which of the following activities of a physical therapy aide would be defined as a patient- related task?
Answer: The physical therapist who performs the initial evaluation of a patient, unless the patients care is reassigned to another physical therapist of record
==================================================
Question: Which of the following statements regarding supervision of an aide by the physical therapist is TRUE in California?
Answer: The therapist who has been designated the "physical therapist of record" for that patient.
==================================================

==================================================
Question: Who is responsible for providing supervision and direction to the physical therapist assistant in the treatment of a given patient?
Answer: NONE a PTA CANNOT supervise and aide!
==================================================
Question: What is usually the maximum number of physical therapist assistants that a physical therapist can supervise in California?
Answer: Evaluate and document the aides competency level for performing the patient related task that the aide will provide
==================================================
Question: What patient-related task can an aide perform under the supervision of a PTA, according to the California laws and regulations?
Answer: Write daily chart notes in the patients medical record
==================================================
Question: Prior to a PT aide providing patient care, what does a supervising PT need to do?
Answer: May treat patients only if the disorder has been diagnosed by an appropriate medical diagnostician
==================================================
Question: Which of the following may a PTA do?
Answer: Must document participation in 30 hours of continuing education or other forms of professional development during each two-year period between licensure renewal dates as a requirement for licensure renewal
==================================================
Question: Which of the following is true for Physical Therapists in California?
Answer: Joint mobilization; nutritional supplementation; acupressure
==================================================
Question: Under the continuing competency requirement(Regulations 1399.90-1399.99) which became effective in November 2009, physical therapists and PTA's licensed in California
Answer: Practice Act
==================================================
Question: Which of the following are NOT included in the curriculum of a PTA program?
Answer: serve in a clinical leadership position as long as he/she doesn't perform service as a PTA in the same practice
==================================================
Question: Each state has the right to define the progression of physical therapy and regulate the practice in its jurisdiction. What is the piece of legislation known as?
Answer: A physical therapist assistant under the supervision of a physical therapist supervisor may perform as clinical instructor of the physical therapist assistant student
==================================================
Question: Which of the following may a PTA do?
Answer: The physical therapist must be in immediate proximity to the aide if the aide is performing patient related tasks
==================================================
Question: Which of the following statements is true regarding supervision of PTA students?
Answer: Physical Therapy Board of California
==================================================
Question: Which of the following is true regarding use of physical therapy aides?
Answer: Protection of the public
==================================================
Question: Article 1: admin & general provisions

Answer: - 4 PTs, one of whom is involved in physical therapy edu
- 3 public members

- Appointed by Governor
==================================================
Question: Article 1: admin & general provisions

Highest priority for the Board
Answer: - California resident
- Valid and unrestricted license in California
- Practiced in California for at least 5 years prior to appointment to the board.
==================================================
Question: Article 1: admin & general provisions

Members of the Board
Answer: - California resident
- Cannot be
* an officer or faculty member of any college, school, or
institution involved in PT education
* a licentiate of the Medical Board of Cali or of any other board
==================================================
Question: Article 1: admin & general provisions

Qualifications for board members (PT's)
Answer: Four years
Term expires June 1
Cannot serve more than 2 consecutive terms (8 years total)
==================================================
Question: Article 1: admin & general provisions

Qualifications for board members (public members)
Answer: - Evaluate qualifications of license applicants
- Provide PT/PTA exams and establish passing score
- Issues all California licenses
- Suspend and revoke licenses
- Administer a continuing competency program
- Participate in Delegate Assembly & committee meetings
- Publishes an annual newsletter
- Trains/orients new board members
- Inspects PT facilities & pt charts
==================================================
Question: Article 1: admin & general provisions

Term for Board members
Answer: 3x/year. Once in Southern CA, once in Northern CA

*Board must comply with Bagley-Keene Open Meeting Act
==================================================
Question: Article 1: admin & general provisions

Board duties
Answer: The art and science of physical or corrective rehab or of physical or corrective Rx of any bodily or mental condition of any person by the use of physical, chemical, and other properties of heat, light, water, electricity, sound,massage, and active, passive, and resistive exercise, and shall include PT eval, Rx planning, instruction and consultative services.
==================================================
Question: Article 1: admin & general provisions

How often does the Board meet?

==================================================
Question: Article 2: Scope of Regulation & Exemptions

Definition of PT
Answer: - PT refers pt to MD if goals are not being met or they have a condition outside PT's scope of practice
- PT discloses to pt any financial interest he/she has
- PT notifies MD that he/she is treating pt (with pt's written authorization)
- PT stops treating pt after 45 days or 12 visits (unless MD signs PT's POC & examines pt)
==================================================
Question: Article 2: Scope of Regulation & Exemptions

Use of roentgen rays and radioactive materials, for diagnostic and therapeutic purposes, and use of electricity for surgical purposes, including cauterization
Answer: No
==================================================
Question: Article 2: Scope of Regulation & Exemptions

Patient may initiate Physical Therapy directly from PT (aka direct access) if:
Answer: PT's can apply, but CANNOT prescribe topical medications
==================================================
Question: Article 2: Scope of Regulation & Exemptions

Can PT's diagnose a disease or provide prognostic info?
Answer: - Must be a licensed PT
- Must be certified by Board
- Cannot diagnose or give prognosis
==================================================
Question: Article 2: Scope of Regulation & Exemptions

Topical Medications
Answer: At least 7 years following D/C

Minors: at least 1 year after minor has reached 18, at least 7 years
==================================================
Question: Article 2: Scope of Regulation & Exemptions

Tissue penetration for purpose of evaluating neuromuscular performance
Answer: 2 assistants
1 aide (for patient-related tasks)
==================================================
Question: Article 2: Scope of Regulation & Exemptions

How long should patient records be kept?
Answer: Not independently
==================================================
Question: Article 2: Scope of Regulation & Exemptions

How many PTAs can a PT supervise?
How many aides?
Answer: No
==================================================
Question: Article 2: Scope of Regulation & Exemptions

Can a PTLA or PT student supervise a PTA or aide?
Answer: - Unlicensed
- At least 18 years
- Under supervision of PT at ALL times
- Can do massage, external baths, or normal exercise that's not part of PT Rx
==================================================
Question: Article 2: Scope of Regulation & Exemptions

Can a PTA do evaluations or discharge summaries?
Answer: Physical therapy technician
Physiotherapist
LPT, RPT, PT
DPT, PhD, EdD (if have a doctoral degree)
==================================================
Question: Article 2: Scope of Regulation & Exemptions

PT aide
Answer: Over 18 years old
Not addicted to alcohol/drugs
Completed schooling
Not have committed crimes
==================================================
Question: Article 2: Scope of Regulation & Exemptions

What are synonyms for a Physical Therapist?
Answer: - Licensed as a PT or PTA in a state equal to or higher than CA and passed an exam comparable to CA exam
- Graduated from an accredited PT or PTA program
- Files an application
* May perform as a PTLA or PTALA during this time
==================================================
Question: Article 3: Qualifications & Requirements for Licensure

What are the requirements for ALL license applicants?
Answer: - Can retake exam
- Must pay re-exam fees
==================================================
Question: Article 3: Qualifications & Requirements for Licensure

An applicant may be issued a license without a written
exam if:
Answer: 120 days
If applicant passes exam, status stays in effect until license is issued
If applicant fails exam, status permanently removed
==================================================
Question: Article 3: Qualifications & Requirements for Licensure

PTLA or PTALA who fails exam
Answer: Letter authorizing license applicant status and date of expiration
==================================================
Question: Article 3: Qualifications & Requirements for Licensure

How long can a PTLA or PTALA work?
Answer: At 12 am on last day of birth month

Every 2 years
==================================================
Question: Article 3: Qualifications & Requirements for Licensure

What must a supervising PT document concerning a PTLA or PTALA?
Answer: Fill out renewal form
Pay renewal fee
Submit proof of con ed hours
Disclose any misdemeanor on renewal application
==================================================
Question: Article 4: Renewal of Licenses

When does a license expire?
Answer: 60 days before expiration date

* Notice includes renewal fee amount and date it is due.
==================================================
Question: Article 4: Renewal of Licenses

How do you renew an unexpired license?
Answer: - may be renewed within 5 years after its expiration
- must fill out renewal application and pay fees
- must submit proof of required con-ed hours

* A person who fails to renew license within 5 yrs cannot renew it. Must apply for new license and retake exams!
==================================================
Question: Article 4: Renewal of Licenses

When does the board send out a notice that the license is about to expire?
Answer: - Exempt from paying renewal fees while actively serving
- Must pay renewal fees w/in 60 days of D/C from active duty
- Time spent in active service not included in the 5-year period for renewal
- Must still submit proof of con- ed hours
==================================================
Question: Article 4: Renewal of Licenses

A license that has expired
Answer: - May request renewal fee be waived
- Must still submit proof of con-ed hours

* If renewal fee waived, cannot practice PT until licensee pays renewal fees and convinces board (a) disability no longer exists or affects ability to practice and (b) signs an agreement to limit his/her practice as prescribed by MD
==================================================
Question: Article 4: Renewal of Licenses

Licensee on active duty (military)
Answer: - Renewal fee waived if CA resident
- Must still submit proof of con-ed hours
==================================================
Question: Article 4: Renewal of Licenses

Licensee who is U/A to practice due to a disability
Answer: - Exempt from paying renewal fee
- Exempt from con-ed hours
- Shall not engage in practice of PT
==================================================
Question: Article 4: Renewal of Licenses

Licensee who provides voluntary, unpaid PT services
Answer: shall not exceed 30 hours every 2 years

* 1 unit = 10 hours
==================================================
Question: Article 4: Renewal of Licenses

Person who wants retired license status
Answer: - Graduated from accredited PT school
- Instructed in subjects prescribed by CAPTE
- At least 18 wks full-time with a variety of patients
==================================================
Question: Article 4: Renewal of Licenses

Required continuing education
Answer: - Graduated from accredited PTA school
- Instructed in subjects prescribed by CAPTE
==================================================
Question: Article 5: Education Standards

What are the education requirements for a PT?
Answer: - Submit proof to board that he/she graduated from PT program equivalent to a board-approved program
- Demonstrate English proficiency
- Complete 9 mo of clinical service under PT supervision
==================================================
Question: Article 5: Education Standards

What are the education requirements for a PTA?
Answer: - Wrongful ads
- Obtaining license by fraud/misrepresentation
- Practicing outside PT, PTA scope of practice
- Conviction of a crime
- Controlled substance/drug use
- Administering drugs without MD authorization
- Failure to maintain adequate/accurate pt records
- Gross negligence in delivery of PT care
- Aiding or abetting any person to engage in unlawful
practice of PT
- Failure to follow infection control guidelines
- Verbal abuse or sexual harassment
- Misuse of aides
- Viewing a disrobed pt if not necessary
- Charging a fee for services not performed
- Falsifying of patient records/documentation
- Failure to maintain confidentiality (except as required by law)
- Habitual intemperance (alcoholism)
==================================================
Question: Article 5: Education Standards

PTLA who graduated from PT program not Board-approved and not located in US can
Answer: Civil penalty of $1,000 per day after the 15-day period
==================================================
Question: Article 6: Enforcement

Board may issue citation, probation, deny/revoke license, or suspend up to 12 mo for unprofessional conduct incl:
Answer: who is required to register as a sex offender
(Section 290 of Penal Code)
==================================================
Question: Article 6: Enforcement

A licensee who fails or refuses to comply with a request
from the board w/in 15 days for a pt's medical records despite pt's written authorization for release
Answer: - 3 years for unprofessional conduct
- 2 years for early termination of probation
- 1 year for mental/physical illness

* Petition must include 2 LOR from PT's
* Not considered while under sentence for any criminal offense
==================================================
Question: Article 6: Enforcement

The board shall deny a PT or PTA license to an applicant
Answer: To identify and rehab PT and PTA whose competency is impaired due to drug/alcohol abuse
==================================================
Question: Article 6: Enforcement

A person on probation or whose license has been revoked or suspended may petition board for reinstatement after:
Answer: - Rehabilitation evaluation committee
- 3 members with substance abuse experience or who are knowledgeable in Rx/recovery
- Board considers appointing MD certified in psychiatry
- Term of 4 years
- Shall only convene in closed session if necessary to protect the privacy of a participant
(otherwise Bagley-Keene Open Meeting Act applies)
==================================================
Question: Article 7: Substance Abuse Rehab Program

What is the purpose of this program?
Answer: - Evaluate PTs and PTAs who request participation
- Designate Rx facilities to which program participants may be referred
- Consider whether each participant in program may safely resume practice of PT
- Establish terms/conditions for program participants
- Hold public meeting 2x/year
==================================================
Question: Article 7: Substance Abuse Rehab Program

What are the components of the program?
Answer: - Applicant licensed as a PT or PTA and resident of CA
- Applicant abuses dangerous drugs/alcohol
- Applicant voluntarily requested admission or accepted due to disciplinary action
- Applicant agrees to take any medical or psych exam
- Applicant provides medical info, discloses authorization, liability releases
- Applicant agrees in writing to all elements of Rx program
==================================================
Question: Article 7: Substance Abuse Rehab Program

What are the duties of the rehab evaluation committee?
Answer: - Applicant will not benefit from program
- Participation creates too great a risk to public safety
==================================================
Question: Article 7: Substance Abuse Rehab Program

What are the criteria for acceptance into rehab program?
Answer: - Successfully completed program
- Failed to comply with program
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Question: Article 7: Substance Abuse Rehab Program

What are the criteria for denial into rehab program?
Answer: - misdemeanor
- Up to $1,000 fine
- Imprisonment county jail up to 6 mo
- or both
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Question: Article 7: Substance Abuse Rehab Program

What are the criteria for termination from rehab program?
Answer: - name of every living licensee
- his/her last known place of residence
- date/number of his/her license
- list of who is authorized to practice PT in the state
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Question: Article 8: Offenses Against This Chapter

Any violation of this chapter
Answer: - Amount and source of all collections made from persons licensed or seeking to be licensed

* All sums goes to the State Treasury then into PT fund
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Question: Article 9: Fiscal Administration

What does the Board's registry contain?
Answer: U.S PT: $125
Foreign PT: $ 200

* This fee will never exceed $300
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Question: Article 9: Fiscal Administration

What does the Board report to the State Controller within the first 10 days of each month?
Answer: $100

* This fee will never exceed $150
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Question: Article 9: Fiscal Administration

What is the fee to APPLY for a PT license?
Answer: $ 200

* This fee will never exceed $300
* Delinquency fee: 50% of renewal fee
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Question: Article 9: Fiscal Administration

What is the fee to ISSUE a PT license?
Answer: U.S PTA:$125
Foreign PTA:$ 200

* This fee will never exceed $300
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Question: Article 9: Fiscal Administration

What is the fee to RENEW a PT or PTA license?
Answer: $ 50

* This fee will never exceed $100
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Question: Article 9: Fiscal Administration

What is the fee to APPLY and ISSUE a PTA license?
Answer: $ 60

* This fee will never exceed $100
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Question: Article 9: Fiscal Administration

What is the duplicate wall certificate fee?
What is the duplicate renewal receipt fee?
Answer: submit a report to the legislature justifying the increase and state % of increase
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Question: Article 9: Fiscal Administration

What is the endorsement or letter of good standing fee?
Answer: Application and renewal fee: $ 200

Exam and re-exam fee: $ 500
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Question: Article 9: Fiscal Administration

Whenever the board increases any fee it must
Answer: A corporation authorized to render professional services, so long as that corporation (who are physical therapists) are in compliance with the Moscone-Knox Professional Corporation Act
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Question: Article 9: Fiscal Administration

What are the fees for persons certified to perform electromyography testing?

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Question: Article 10: Physical Therapy Corporation

Definition
Answer: - Bylaws shall include a provision whereby capital stock of the corp owned by a disqualified or a deceased person shall be sold to the corp or remaining shareholders
- Shall provide adequate security by insurance
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Members of the Board Answer: 1 PT involved in PT education, 3 PT's with 5 years experience, 3 public members who aren't licentiates of the board or any other medical board (CA citizen, not school faculty) ================================================== Question: ARTICLE 1: Admin - Terms Answer: Appointed 4 years, exp. on June 1 1 public and 4 PT members appt'd by governor Cannot serve more than 2 consecutive terms ================================================== Question: ARTICLE 1: Admin - Meetings Answer: 1 regular meeting annually in Sacramento, LA or SF ================================================== Question: ARTICLE 1 Admin - Members Duties Answer: May inspect PT facilities May review pt charts Can suspend and revoke licenses (notice must be given ================================================== Question: ARTICLE 2 General Provisions Answer: The use of roentgen rays/radioactive materials or electricity for surgical purposes is not authorized ================================================== Question: ARTICLE 2: General Provisions - Topical Medications Answer: Can apply but CANNOT prescribe medications (require MD referral) ================================================== Question: ARTICLE 2: General Provisions - Neuro Re-Ed Answer: Can perform tissue penetration for evaluation neuro performance Only if authorized by MD and PT has certification ================================================== Question: ARTICLE 2: General Provisions - Misc Answer: Pt's records are held for no less than 7 years following D/C -Records of minors are held for 7 years or 1 year after minor turns 18 -PT cannot diagnose disease -PT's cannot provide prognostic interpretation of data ================================================== Question: ARTICLE 3: Licensing of Practitioners - PT Aide Answer: -Observation, transport, physical support only during gait training/transfers -Under direct, continuous and immediate PT supervision at all times ================================================== Question: ARTICLE 3: Licensing - Applicants Answer: Qualifications: -Over 18 years old -Not addicted to drugs/alcohol -Completed schooling -No crimes (constituting denial of license) ================================================== Question: ARTICLE 3: Licensing - Applicants Answer: Reciprocity Applicant (Foreign) Issue license without written exam IF: -licensed in another state deemed equal/higher than CA -graduated PT Edu program -files an app and meets requirements -may need oral exam if issued only a certificate -has PTLA ================================================== Question: ARTICLE 3: Licensing - Graduate Practice Answer: -PTLA in effect until regular, renewable license is issued or licensure denied by board -Upon failure, PTLA cannot practice PTLA good for 90 days -PTLA is under direct and immediate supervision of PT ================================================== Question: ARTICLE 4: Edu Standards Answer: - School accredited by CAPTE of APTA -Completed at least 18 weeks of full-time clinical experience w/ variety -During internships, use "PT student" ================================================== Question: ARTICLE 4: Edu Standars - Foreign schools Answer: - if from foreign school, submit docs to prove equivalence, pass written exam, complete 9 months clinical service - During those 9 mod, can work as PTLA - Same req's apply to American student from non-accredited school ================================================== Question: ARTICLE 4.5: PTA Answer: 1 PT: 2PTAs -board may permit more if adequate supervision available BUT - # of PTAs never exceeds 2X # of PTs ================================================== Question: ARTICLE 4.5: PTA Answer: -Same req's as PT, same reciprocity - must take law exam -VIOLATION OF FALSE IDENTITY IS A MISDEMEANOR -Issued PTAA upon graduation to work (like PTLA) ================================================== Question: ARTICLE 5: Suspension of License Answer: Can suspend for 12 months for: -Wrongful ads, fraud,impersonating a PT -Negligence, verbal/sexual harassment/abuse -Habitual intemperance (alcholism) -Not following infection control guidelines ================================================== Question: ARTICLE 5: Reinstatement Answer: Person whose license has been revoked can petition for reinstatement after: -Unprofessional contact: 3 years -Early termination of prob: 2 years of prob -Mental or physical illness: 1 years of prob Petition must include 2 letters from PTs Petition not considered while under sentence for criminal offense ================================================== Question: ARTICLE 5.5: Diversion Program Answer: Alcohol/drug rehab for PT/PTAs -Diversion committee evaluates -3 members -Has previous experience in substance abuse edu -Board considers appt'ing MD certified in psych -Term is 4 years ================================================== Question: ARTICLE 6 Offenses and Enforcement Answer: Violations = misdemeanor: fine not exceeding $1000 or imprisonment in county jail <6 months or both ================================================== Question: ARTICLE 7: FIscal Administration Answer: Within 10 days of each calendar month, all reports go to state controller - accredited PT fund -Any license or approval for PT shall expire at midnight on last day of birth month of licensee ================================================== Question: ARTICLE 7: Fiscal Administration Answer: -Renewal of license with form and fee (at this time report any misdemeanor or crime) -60 days notice of expiration of licensee -App fee: no more than $75 (foreign PTs: $125) -Initial licensing fee: no more than $150 -Renewal fee: No more than $150 ================================================== Question: ARTICLE 7: Fiscal Administration Answer: -License Register: name of every licensee, place of residence, date and # of disciplinary action -Deliquency fee = 50% of rental fee -Electromyography cert fees -$200 or $5000 for re-exam and re-cert -If board increases fee, must get approval of legislature ================================================== Question: ARTICLE 8: Physical Therapy Corp Answer: -The name of the PT corp should have "physical therapy" or "physical therapist" in it -Each shareholder/director/officer should be licensed PT (except secretary) -Shareholder rendered disqualified - does not get profit -Corp regulations should include bylaws of stock and adequate insurance coverage ================================================== Question: CALIFORNIA CODE OF REGULATIONS Answer: -each licensee must give residence change 30 days after move -All PT aides/apps/students must wear name tag with 18 point font -Licensee denied if fails to take exam within 1 year of original notice -App deemed abandoned if applicant fails to pay initial licensee fee within 5 years of board notification ================================================== Question: CALIFORNIA CODE OF REGULATIONS Answer: Foreign applicants: -submit quarterly reports 15 days after each 3 month clinical service -Supervising PT must be in same facility -CCCE and CI must be APTA certified -3/9 mos of clinical service is waived if Law and Ethics course is taken -1 month waived for each month of licensed clinical practice in another state up to required 9 mos ================================================== Question: ARTICLE 3: Physical Therapy Schools Answer: -"Student" termed during academic course work -"Intern" termed after completed coursework -PT student/intern docs signed by CI on SAME DAY -Require on-site supervision ================================================== Question: ARTICLE 4: Physical Therapy Assistant Answer: -Supervising PT should be available in person/on phone at all times -PT will periodically provide observation of pt care -PT will evaluate, treatment/goals and reveal -POC communicated verbally/in writing to PTA before PTA treats pt ================================================== Question: ARTICLE 4: Physical Therapy Assistant Answer: -Within 7 days of PTA care, PT shall review, cosign and date all documentation by PTA and conduct weekly case conference and document in record -Within 7 days of D/C, PT documents it along with signature and patient's response to treatment ================================================== Question: ARTICLE 4: Physical Therapy Assistant Answer: Education Equivalents for PTA's: -Military training in hospital and PTA course including min 550 hour of courses, 350 clinical experience -Combo of training and 36 mos of full-time work experience in PT, 30 semester of instruction, 18 mos PT work -60 months of full-time PT experience, 30 months experience in acute care ================================================== Question: ARTICLE 5: PTA Schools Answer: -PTA schools accredited by US Dept of EDU -PTA student/intern supervised by PT, PTA can be CI of PTA student -CI cosigns same day, plus weekly conferences with supervising PT ================================================== Question: ARTICLE 6: PT Aides Answer: -Aide signs for patient related tasks with PT cosign -PT in same facility, providing continuous, direct and immediate supervision -AIde cannot soley treat patient ================================================== Question: ARTICLE 7: Practice by PTLA Answer: -Same day cosign with immediate supervision -Supervising PT documents receipt of PTLA and records expiration date -All duties cease if PTLA fails exam ================================================== Question: 1 Answer: Physical Therapy Practice Act - Chapter 5.7, of division 2, of the Business and Professions Code ================================================== Question: 2 Answer: California Code of Regulations Title 16, Division 13.2 - Physical Therapy Regulation Code ================================================== Question: 3 Answer: Related Laws and Regulations - Business and Professions Code of California ================================================== Question: 4 Answer: California Constitution ================================================== Question: 5 Answer: Code of Civil Procedure ================================================== Question: 6 Answer: Corporations Code of California ================================================== Question: 7 Answer: Family Code Section ================================================== Question: 8 Answer: Government Code: Penal Code Welfare & Institution Code ================================================== Question: The Physical Therapy Act Updates Answer: Updated 1/1/2014 Passage of SB198: Key provisions clarifying PT responsibility to manage patient care and added licensure renewal exemptions Passage of AB1000: Direct access to physical therapy care ================================================== Question: Article 1 Answer: Administration & General Provisions (2600-2615) ================================================== Question: Article 2 Answer: Scope of Regulation & Exemptions (2620-2634) ================================================== Question: Article 3 Answer: Qualifications & Requirements for Licensure (2635-2639.1) ================================================== Question: Article 4 Answer: Renewal of Licenses (2644-2649) ================================================== Question: Article 5 Answer: Educational Standards (2650-2654) ================================================== Question: Article 6 Answer: Enforcement (2660-2661.7) ================================================== Question: Article 7 Answer: Substance Abuse Rehabilitation Program (2662-2669) ================================================== Question: The Physical Therapy Act Article 1- Administration & General Provisions Answer: Physical Therapy Board 2602.1 Priority of the Board 2603 Composition 2603.5 Qualification of public members 2604 Terms of membership 2605 Duties 2606 Compensation 2608 Power to suspend or revoke licenses 2611 Meeting and hearings ================================================== Question: The Physical Therapy Act Article 2- Scope of Regulation and Exemptions Answer: Defines Physical Therapy (2620) Art & Science of physical or corrective rehabilitation Directed to any bodily or mental condition Use of physical agents, massage, exercise Includes evaluation, planning, instruction and consulting as well a fitness/ wellness Does not authorize diagnosis of disease ================================================== Question: The Physical Therapy Act Article 2- Scope of Regulation and Exemptions cont. Answer: Provision for Direct Access to PT (2620.1) Any person can directly seek PT care Must refer if beyond scope of practice fail to progress Discloser of financial interest Notify the patient's physician of treatment Limited to 45 days and/or 12 visits Patient must sign and date disclosure first Continued care requires in-person exam ================================================== Question: The Physical Therapy Act Article 2- Scope of Regulation and Exemptions cont. again Answer: 2620.3 Use of topical medications 2620.5 Standards for needle EMG 2620.7 Maintenance of patient records 2622 PT is responsible for managing all aspects of the care , includes limits on supervision of Aides & PTA's 2630 Title of physical therapist 2630.3 PTA limits and supervision 2630.4 PT Aide description & supervision ================================================== Question: The Physical Therapy Act Article 2- Scope of Regulation and Exemptions cont. again again Answer: 2630.5 Exemptions from licensure requirements 2633 Restrictions on use of title "physical therapist" and use of "P.T." Restriction on use of "Dr." by PT's 2633.5 Restrictions on use of PTA 2633.7 "Physical therapist student" ================================================== Question: The Physical Therapy Act Article 3- Qualifications and Requirements for Licensure Answer: 2635 Qualification of license applicant 2636 Requirement for Licensure - Completion of educational coursework - Passing score on PT exam - Passing score on CA state law exam 2636.5 Requirement for filing for reciprocity. 2638 Right to retake the exam if failed. 2639 PTLA status and limitation defined. 2639.1 Alternate path for PTA applicants ================================================== Question: The Physical Therapy Act Article 4- Renewal of Licenses (2644 - 2649) Answer: 2644 - 45 License expiration & renewal 2646 Renewal of license, less than 5 year expired 2647 Renewal of license, after 5 years expired 2648 Exemptions from renewal fee 2649 Continued Competency ================================================== Question: The Physical Therapy Act Article 5- Educational Standards Answer: 2650 Education requirements for PT and PTA 2651 Establishes the criteria of CAPTE as meeting the standards for the Board. 2652 Guidelines for foreign trained physical therapists seeking licensure 2653 Provision for unqualified, foreign trained license applicant to take PTA exam ================================================== Question: The Physical Therapy Act Article 6- Enforcement Answer: 2660 Unprofessional Conduct defined 2660.1 Sexual activity limitations 2660.2 Disciplinary and options for unprofessional conduct. 2660.3 Public Letter of Reprimand 2660.4 Failure to provide records 2660.5 Registered sex offenders 2660.7 Subverting the Examination Process 2661 Guilty pleas, verdicts and No Contest 2661.5 Cost recovery 2661.6 Probation 2661.7 Appeals Process ================================================== Question: The Physical Therapy Act Article 7- Substance Abuse Rehabilitation Program Answer: 2662 Program to rehabilitate PT and PTA's addicted to Alcohol or drugs. Goal to return the practitioner to practice in a manner that will not endanger the public health and safety. 2663 -6 Program establishment 2667-8 Confidentiality and cost recovery 2669 Not a defense before the Board ================================================== Question: The Physical Therapy Act Article 8 - Offenses Against This Chapter Answer: 2670 Violation of any provision in this chapter is a misdemeanor $1000 fine 6 months in jail Both 2672 Injunctions Restraining conduct by any County Superior court may be initiated by an application from the Medical Board, or 10 or more licensed PT's. ================================================== Question: The Physical Therapy Act Article 9 - Fiscal Administration Answer: 2680 Records on licensees 2681 - 87 Physical Therapy Fund 2688 - 89 Fee assessment ================================================== Question: The Physical Therapy Act Article 10 - Physical Therapy Corporations (2690 - 2696) Answer: 2692 Physical therapy corporations are bound by the same statutes and regulations that bind the person holding the license under this chapter. 2693 Naming of Physical Therapy Corporations 2694 Ownership of Physical Therapy Corporations ================================================== Question: Physical Therapy Regulations California Code of Regulations (1398 - 1399.99) Answer: 1398.6 Filing of Addresses 1398.10 Advertising 1398.11 Identification tags requirements 1398.13 Patient Record requirements 1398.21.1 Failure to pass examination 1395.26.5 Clinical service requirements for foreign trained practitioners. 1398.37 Identification of students and interns 1398.44 Supervision of the PTA 1398.47 Equivalent training or experience: PTA ================================================== Question: Physical Therapy Regulations California Code of Regulations (1398 - 1399.99) cont Answer: 1399 Requirements for use of Aides 1399.10 Supervision of PT license Applicants 1399.20 Substantial Relationship Criteria 1399.25 Administrative Citations 1399.35 Requirements for Professional Corps. 1399.50 Outline of Physical Therapist Fees 1399.60 EMG Certification defined 1399.75 -79 Topical Medication regulations 1399.90-99 Continued Competency ================================================== Question: Related Laws & Regulations Highlights Answer: Disclosure of "significant beneficial interest" (B &P Code: 654.2) Excessive prescribing or treatment (B&P Code:725) Insurance fraud (B&P Code: 810) Prominent display of license (B& P Code: 680 -680.5) ================================================== Question: Penal Code Highlights Answer: Report of injuries (Penal Code: section 11160) Child Abuse and Neglect Reporting Act (Penal Code 11164 - 11174.3) Sexual Assault Sexual exploitation Neglect (Penal Code: section 11165.2) Severe neglect General neglect Mandated Reporter (Penal Code: section 11165.7) ================================================== Question: PART ONE Answer: BUSINESS AND PROFESSIONS CODE ================================================== Question: Article 1: Administration Members of the Board Answer: 1) 1 PT involved in PT education, 2) 3 PTs with 5 years experience, 3) 3 public members who aren't licentiates of the board or any other medical board (CA citizen, not school faculty) ================================================== Question: Priority of the Board Answer: Protection of the public Licensing, regulating and disciplinary roles The mission of the Physical Therapy Board of California is to promote and protect the interests of the people of California by the effective and consistent administration and enforcement of the Physical Therapy Practice Act. ================================================== Question: Terms of Serving on the Board Answer: 1) Appointed 4 years, exp. on June 1 2) 1 public and 4 PT members appt'd by governor 3) Senate Rules Committee and speaker of assembly each appoint 1 public 4) Members of the Board elect a president 5) Board may elect an executive officer to exercise the duties required 6) Board may appoint an commissioner on examination -who is suitable qualified but not a member of the Board but will be subject to the rules and regs and same fees 3) Cannot serve more than 2 consecutive terms ================================================== Question: Qualifications of Public Members Answer: - Be a citizen of CA. - Shall not be an officer or faculty member of any college in PT education. - Shall not be a licentiate of the Medical Board of CA ================================================== Question: Meetings Answer: 1 regular meeting annually in Sacramento, LA or SF or from time to time till business is complete ================================================== Question: Duties of the Members of the Board Answer: 1) May inspect PT facilities 2) May review patient charts 3) Can suspend and revoke licenses (notice must be given) ================================================== Question: How is this Chapter cited? Answer: This chapter may be cited as the Physical Therapy Practice Act ================================================== Question: Public Employees Answer: PT consultants under contract for the board are considered a public employee; or clerical or other employees necessary to carry out powers and duties of Board ================================================== Question: Article 2 General Provisions Definition of Physical Therapy Answer: "art and science of physical or corrective rehab of any bodily or mental condition of any person by use of physical, chemical or other properties of heat, light, water, electricity...active, passive and resistive exercise and shall include PT evals, treatment planning, instruction and consultative services" ================================================== Question: ARTICLE 2 General Provisions Answer: - NOT ALLOWED: - use of roentgen rays/radioactive materials for diagnostic or therapeutic purposes - electricity for surgical purposes is authorized - diagnosis of disease not under Physical Therapy - can apply topical meds if comply with regs and administration act (conferred with Medical Board of California as to which ones and protocols; but NOT prescribe them ================================================== Question: Neuromuscular evaluation Answer: 1) Can perform tissue penetration for evaluation neuro performance 2) Must have authorization from MD/surgeon 3) PT must be certified by the board 4) PT CANNOT develop or make diagnostic or prognostic interpretations of data obtained (violation of the Medical Practice Act) ================================================== Question: Minimal Time that Patient Records must be kept for Answer: 7 years. 1) Patient records shall be kept for a period of no less than 7 years following the discharge of the patient 2) Records of unemancipated minors shall be kept at least 1 year after the minor has reached 18 years of age. No less than 7 years in any case ================================================== Question: Documentation Answer: - evaluation, goals, treatment plan, summary of treatment - any actual intervention given - sign legibly ================================================== Question: PTs cannot do what Answer: 1) PTs cannot diagnose disease 2) PTs cannot provide prognostic interpretation of data 3) PTs cannot prescribe medicines 4) Perform medicine, surgery or any other healing art ================================================== Question: PT Aide Duties & Regulations Answer: PT may use 1 aide to assist in PT 1) Patient related - services directly to the patient, excluding non patient related tasks 2) Non patient related tasks :Observation of patient, transport, physical support only during gait training/transfers, housekeeping duties, clerical duties, and similar functions - Under direct, continuous and immediate PT supervision at all time. Direction and order from PT - no authority for aide to independently perform PT or a PT procedure - must be same facility and in proximity to PT aide when performing patient related tasks. - when patient related tasks are performed at some point in that day, PT must provide direct services to the pt for their condition, or to further evaluate and monitor patient progress and document in patient's record ================================================== Question: Who is allowed to use "P.T."and "D.P.T." Answer: 1) Only a licensed PT can use the letters "P.T." 2) A licensed PT who has received a doctoral degree in PT may use "D.P.T."use unabbreviated qualification in speaking and writing after using Dr. but must specify it is in PT 3) Can use DPT, PhD or EdD as appropriate with approved doctoral degrees 4) WASC approval for doctoral degree for accreditation ================================================== Question: PT Applicant Qualifications Answer: 1) Over 18 years old. 2) Successful education and training. 3) Not addicted to drugs/alcohol. 4) No crimes (constituting denial of license). ================================================== Question: Examinations required before licensing Answer: 1) Laws & regulations to the practice of PT. 2) National Physical Therapy Examination ================================================== Question: Requirements for Reciprocity Applicant Answer: Requirements for being issued a license without a written examination 1) Licensed in another state, district or territory 2) Graduated PT Edu program deemed equal/higher than CA, passed NPTE or equivalent (and or met the requirements for foreign applicants if applicable) 3) Files an app and meets requirements 4) Application based on a license certificate from another state - May need oral exam and present file of past work to board 5) May perform as a PTLA while waiting for license (from receipt of application till license - only for 1 st time applicants) ================================================== Question: Conditions of Graduate Practice as a PTLA Answer: - Letter of authorization after completing approved course and applied to board for 1st time - will be able to be PTLA PTLA in effect until regular, renewable license is issued or licensure denied by board. - Upon failure or license denied by Board, licensee can no longer practice as a PTLA - only allowed to practice as PTLA once - PTLA is under direct and immediate supervision of PT - not considered a graduate till passed all training and clinical internships required for graduation - if fail to take next succeeding exam, fails to pass or obtain a license - all priviledges of PTLA are lost - if Computerized test - 90 days to do exam plus all above requirements and procedure. ================================================== Question: Article 3 Education Answer: - Shall be a graduate of a professional degree program of an accredited postsecondary institution or institutions approved by the board, and shall have completed a professional education including academic coursework and clinical internship (at least 18 weeks full time) in physical therapy. ================================================== Question: What is a PT student's title during Clinical Internship Answer: During internships, person shall be identified as "physical therapy student" or "physical therapy intern" - as long as student matriculated in approved, accredited course from performing PT as part of their studies ================================================== Question: Requirements for applying for license if foreign trained or not in an approved US program Answer: 1) If from a foreign school, a) submit docs to prove equivalence, pass written exam (except if NPTE completed to satisfaction in another state), complete 9 months clinical service (direct, supervision, evaluated) Can be waived. b) During those 9 months, can work as PTLA c) Same req's apply to American student from non-accredited school d) If certificate under another state may oral and file of past work e) If no educational equivalent- may be eligible PTA ================================================== Question: Article 4.5 PT Assistant Supervision of PTA Answer: 1) 1 PT: 2PTAs 2) Board may permit more if adequate supervision available if public health and safety served 3) # of PTAs never exceeds 2X # of PTs 4) Onsite & adequate supervision ================================================== Question: PTA - Qualifications Answer: 1) Successfully pass examination 2) Completed appropriate education and training 3) Not addicted to drugs/alcohol. 4) No crimes (constituting denial of license). ================================================== Question: Requirements for being issued a PTA license without a written examination Answer: 1) Licensed in another state deemed equal/higher than CA 2) Graduated PTA Edu program (CAPTE/APTA) 3) Files an app and meets requirements 4) First time applicant - qualify as PTAA ================================================== Question: Violation of False Identity Answer: e.g using PTA when not licensed-VIOLATION OF FALSE IDENTITY IS A MISDEMEANOR - punishable by a fine not exceeding one thousand dollars ($1,000) or imprisonment in a county jail not exceeding six months, or by both. ================================================== Question: Article 5 : Suspension, Revocation and Reinstatement of License) Cause for Suspension of License Answer: Suspend for not more than 12 months, revoke, or impose probationary conditions upon any license, certificate, for unprofessional conduct -Wrongful ads, fraud in obtaining a license, impersonating a PT -conviction of violating this Act or Medical Practice Act or helping others to do so - or others to practice unlawful PT - procuring or aiding or offering to aid and procure in criminal abortion. -conviction of a crime that may effect role as a therapist (including fraudulent, dishonest, corrupt acts) - Gross negligence, verbal/sexual harassment/abuse -Habitual intemperance (alcoholism); addiction to drugs -Not following infection control guidelines ================================================== Question: Sexual activity Answer: A patient, client, or customer of a licentiate is conclusively presumed to be incapable of giving free, full, and informed consent to any sexual activity which is a violation of Section 726. ================================================== Question: Requirements for issuance of a probationary license to applicants Answer: Board may refuse a license to any applicant guilty of unprofessional conduct or sexual activity referred to in Section 2660. A probationary license may be issued to any applicant for a license who is guilty of unprofessional conduct but has met all other requirements pending: 1) Medical or Psychiatric evaluation 2) Continuing medical or psychiatric treatment 3) Restriction of the type or circumstances of practice 4) Continuing Rehab program 5) Abstentation from alcohol or drugs 6) Random fluid testing 7) Compliance with laws and regs governing PT ================================================== Question: Time of Notification for Issuance of Public Letter of Reprimand Answer: 30 days. 1) The board shall notify licensee to issue letter 30 days in advance. 2) Licensee should agree to letter 15 days in advance 3) If licensee does not agree to the letter the Board may proceed to formal accusation ================================================== Question: Purpose and Disclosure of Public Letter of Reprimand Answer: 1) Used for only minor violations in place of filing prosecution or accusation 2) Disclosed to an inquiring member of the public 3) Posted on board's website and disclosed to an enquiring member of the public ================================================== Question: Penal code Answer: Board can deny a physical therapist license if required to register pursuant to Section 290 of the Penal Code. - - not apply to applicants required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code. ================================================== Question: Conviction of crime Answer: A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge for a felony or of any offense which substantially relates to the qualifications, functions, or duties of a physical therapist is deemed to be a CONVICTION. The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, (irrespective of a subsequent order allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment). ================================================== Question: Recovery of Investigation & Prosecution costs Answer: 1) Licensee found guilty must pay the board the actual costs of litigation & prosecution of the case. May use an administrative law judge to set and board cannot increase. 2)Failure to pay - go to court and no license 2) For a person with financial hardship, license may be conditionally re- instated for 1 year in order to assist with reimbursement (formal agreement) ================================================== Question: Probationary monitoring Answer: Board shall establish a probation monitoring program to monitor probationary licenses. (b) The program may employ nonpeace officer staff to perform its probation monitoring. (c) The program shall be funded with moneys in the Physical Therapy Fund. ================================================== Question: Petitions for reinstatement of license Answer: If license has been revoked or suspended, probation, may petition the Board for reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than the following minimum periods has elapsed: 1) At least three years for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after two years. (2) At least two years for early termination of probation of three years or more. (3) At least one year for modification of a condition, or reinstatement of a license or approval revoked for mental or physical illness, or termination of probation of less than three years. - require facts presented by the Board - verification of 2 license PT of activity - may use an administrative law judge to decide - may consider all activities since the disciplinary action was taken, the offense , the petitioner's activities during the time the license was in good standing,rehabilitative efforts, general reputation for truth, and professional ability. - not considered if under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. - No petition shall be considered while there is an accusation or petition to revoke probation pending against the person. - The board may deny, without a hearing or argument, any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section. ================================================== Question: Article 5.5 Diversion Program Legislative Intent of Diversion Program Answer: Board shall seek ways and means to identify & rehabilitate PTs and PTAs whose competency is impaired due to abuse of dangerous drugs or alcohol so that they may be treated & returned to the practice of PT in a manner they will not be a danger to public safety. ================================================== Question: Composition of Diversion Program Board Members Answer: -may establish one or more diversion evaluation committees. Any diversion evaluation committee - shall operate under the direction of the diversion program manager, as designated by the executive officer of the board. The program manager has the primary responsibility to review and evaluate recommendations of the committee. -Composed of 3 members - Members are recovering in substance abuse but free from substance abuse in past 3 yrs or who are knowledgable in treatment and recovery of abuse -Board considers appt'ing MD certified in psych -Term is 4 years - for business decision a minimum quorum is required (chair and vice chair elected) - can hold closed meetings for privacy of the individual ================================================== Question: Duties of Diversion Program Answer: 1) Evaluate eligibility of PTs and PTAs and make recommendations, also consider any recommendations from professional consultants 2) Review and receive info for those participating in program; reports, call meetings to consider requests of PTA or deal with issues from the Board. 3)In writing the terms and conditions of the diversion agreement that is approved by the program manager for each physical therapist in the program, including treatment, supervision, and monitoring requirements. 3) Review & designate treatment facilities 4) Hold a general open, meeting at least twice a year to evaluate program's progress and report to the board on proposals 5) Assess the return of participant in diversion program to safely resume PT practice ================================================== Question: Criteria for being able to enter diversion program Answer: a) - licensed as a physical therapist - abuse dangerous drugs or alcoholic which may affect his or her ability to practice physical therapy safely or competently. - voluntarily requested admission to the program or shall be accepted into the program in accordance with terms and conditions resulting from a disciplinary action. - agree to undertake any medical or psychiatric examination ordered to evaluate the applicant for participation in the program. - shall cooperate with the program by providing medical information, disclosure authorizations, and releases of liability as may be necessary for participation in the program. - shall agree in writing to cooperate with all elements of the treatment program designed for him or her. - may be denied participation in the program if the board, the program manager, or a diversion evaluation committee determines that the applicant will not substantially benefit from participation in the program or that the applicant's participation in the program creates too great a risk to the public health, safety, or welfare. (b) A participant may be terminated from the program for any of the following reasons: (1) The participant has successfully completed the treatment program. (2) The participant has failed to comply with the treatment program designated for him or her. (3) The participant fails to meet any of the criteria set forth in subdivision (a) or (c). (4) It is determined that the participant has not substantially benefited from participation in the program or that his or her continued participation in the program creates too great a risk to the public health, safety, or welfare. - if denied entry to program or not completed successfully Whenever an applicant is denied participation in the program or a participant is terminated from the program for any reason other than the successful completion of the program, shall be reported, with documents to the executive officer of the board, with possible disciplinary action. (c) In addition to the criteria in (a), the board may set forth in its regulations additional criteria for admission to the program or causes for termination from the program. - participant to pay fee - review the activities and performance of the contractor (if used) on a biennial basis. The board shall review files of participants in the program. However, the names shall remain confidential, except when the review reveals misdiagnosis, case mismanagement, or noncompliance by the participant. Participation in a diversion program shall not be a defense to any disciplinary action which may be taken by the board. This section does not preclude the board from commencing disciplinary action against a PT who is terminated unsuccessfully from the program under this section. That disciplinary action may not include as evidence any confidential information. - All board and diversion evaluation committee records and records of proceedings and participation of a physical therapist in a program shall be confidential and are not subject to discovery or subpoena. ================================================== Question: Article 6 ; Offenses and enforcement Violations are a misdemeanor Answer: Any person who violates any provision of this chapter shall be guilty of a misdemeanor, punishable fine not exceeding $1000 or imprisonment in county jail <6 months or both - can be effected by superior court of any county, Medical Board of Ca, the Board or 10 or more licensed PT to get an injunction or other order to stop the conduct. ================================================== Question: Article 6.5 Continuing education and competency Answer: Required to have 30 hours every 2 years Not require further degree but can use this as evidence Random audits Admin funded license and/or CE courses provider fees, course approval fees ================================================== Question: Article 7 Fiscal Administration Reports to Fiscal Administration Answer: The Board reports within 10 days of each calendar month to state controller: - Accredited PT fund - List of persons seeking to be licensed ================================================== Question: When does the license expire? When must an expired license be renewed? Answer: - License shall expire at midnight on the last day of birth month of licensee - Notice of expiration given 60 days in advance -Expired license may be renewed within 5 years ================================================== Question: Fiscal Administration keeps records about licensee regarding: Answer: -License Register: 1) Name of every licensee 2) Place of residence 3) Date and # of his/her license 4) Any disciplinary action ================================================== Question: Fiscal money procedure Answer: Within 10 days after the beginning of each calendar month the board shall report to the State Controller the amount and source of all collections made from persons licensed or seeking to be licensed and pay all such sums into the State Treasury, where they shall be credited to the Physical Therapy Fund. ================================================== Question: Fee Schedule for Application, Licensing & Renewal Fee Answer: -Application fee: -Licensing fee: $125 / $200 (foreign) -License issue - $100 -Renewal fee: $200 after April 2009 - expires midnight last day of birth month during the 2nd year of a 2 year term - pay fee, submit CE info, and admit any offenses (found guilty, pleaded guilty or no contest) - within 5 years can renew if meet above and pay all the unpaid fees - establish by regulation suitable application and renewal fees of not more than two hundred dollars ($200), for persons certified to perform electromyographical - board shall charge an examination and reexamination fee of $500 to applicants who are examined and who have been found to otherwise meet the board's standards for certification. ================================================== Question: ARTICLE 8 Physical Therapy Corp Definition of Physical Therapy Corporations Answer: A physical therapy corporation is a corporation that is authorized to render professional services, so long as that corporation and its shareholders, officers, directors, and employees rendering professional services who are physical therapists are in compliance with the Moscone-Knox Professional Corporation Act, - constitutes unprofessional conduct and a violation of this chapter for any person licensed under this chapter to violate, attempt to violate, directly or indirectly, or assist in or abet the violation of, or conspire to violate any provision or term of this article, the Moscone-Knox Professional Corporation Act, or any regulations duly adopted under those laws - In the conduct of its practice, it shall observe and be bound by such statutes and regulations to the same extent as a person holding a license under this chapter. ================================================== Question: PT Corporation Name Answer: The name of the PT corp should have "physical therapy" or "physical therapist" in it and wording or abbreviations denoting corporate existence. ================================================== Question: Qualification of Directors & Officers of PT Corporation Answer: Each shareholder/director/officer should be licensed PT (except secretary and assistant treasurer) ================================================== Question: Income of PT Corporation Answer: Shareholder rendered disqualified - does not get profit ================================================== Question: Regulations of PT Corporation Answer: Corp regulations should include: 1) bylaws of stock(e.g. capital stock owned by a disqualified person, or deceased - shall be sold to the corp or to remaining shareholders of the corp within time as regs allow) 2) adequate insurance coverage ================================================== Question: BREATHE Answer: Next.... ================================================== Question: PART 2 Answer: PHYSIOTHERAPY REGULATIONS ================================================== Question: Notice of Address/Name Change required within: Answer: 1) Each licensee (active, delinquent, suspended, certified, expired, authorized to practice PT or EMG) BUT not canceled or revoked) - must report any change in residence/name/email address to the Board no later than 30 days after change has occurred. ================================================== Question: Advertising Answer: - advertising provision of any services authorized by a PT, in keeping with Section 651 code and not promote, excessive unnecessary use of such services ================================================== Question: Information documented in Patient Records (by PT) Answer: PT shall document & sign the following information: 1) Exam & Eval (and reexam/reeval) 2) Diagnosis/Prognosis 3) Interventions 4) Treatment plan & modification of POC 5) Each treatment provided by PT or PT aide 6) D/C summary ================================================== Question: Notice to consumers Answer: - PT provide Form NTC 12-01 teach patient - notice can be provided by - displaying form NTC 12-01 to prominently or giving patient a copy of the form - acknowledgement signed, dated by patient or rep in patient records. ================================================== Question: Information documented in Patient Records (by PTA) Answer: PTA shall indicate in the patient record: 1) Date & nature of service provided 2) Name & title of any individual who provided such service - not include 'non-patient related care' ================================================== Question: Identification Name Tag needed for PT Aide, Intern, & Applicant Answer: All PT aides/apps/students must wear name tag with 18 point font ================================================== Question: Article 2 Answer: Applications and Examinations ================================================== Question: Identification & Supervision of Students & Interns Answer: 1) Students shall only be identified as physical therapist student/intern 2) Must wear identification tag 3) CI must provide ON SITE supervision 4) CI shall countersign all entries in the patient's record on the same day as patient related tasks were provided by the student ================================================== Question: Time given to pass NPTE before license application is denied Answer: 1 year from original notice Application for licensure can be denied when an applicant fails to pass the examination within 1 year from the date of original notice - can re-apply for new application with fees. ================================================== Question: Time given to pay initial license fee before application is considered abandoned Answer: 5 years. An application is deemed abandoned if applicant fails to pay initial license fee within 5 years and any examination not passed . Can be eligible again for licensure upon re-exam and filing updated application - application can also be considered 'abandoned' if the not competed application, incomplete documents or additional info, payment of fees. ================================================== Question: Processing Time for PT applications (apply to those who take and pass the exam within 60 days from ATT) Answer: 1) Shall inform applicant of complete application within 30 days 2) Inform applicant about completion of examination requirements within 60 days 3) Minimum processing time ~ 46 days 4) Median processing time ~ 88 days 5) Maximum processing time ~ 365 days ================================================== Question: Credential evaluation services (requirements) Answer: 1) Use of PT consultants in the US and used in an advisory capacity to review individual for comparability with US training 2)Service can document the experience of tis employees by producing positive letters from other state licensing agencies, educational inst. or prof. organizations 3) Able to submit a report, whether foreign trained PT is equivalent and is entitled to practice in own country as PT. ================================================== Question: Documentation of equivalence degree for licensure FSBPT CWT Answer: - transcripts, credential review authenticated by official PT program, all submitted direct to agency. - translated - if instances beyond control and applicant can't provide all info - the Board may use their discretion and accept other docs - CA accept CWT based on year of qualifying ================================================== Question: Clinical Service Requirements for Foreign Educated Applicants Answer: 1) At least one supervising PT (APTA certified clinical instructor) must be ONSITE in the same facility (center co-ordinator of clinical education and/or clinical instructor) approved by Board, even if licensed in another jurisdiction 2) Applicant must be evaluated using the PT CPI - report that the PTLA has skills to perform any PT exam or procedure in Ca healthcare system. 2 evaluations - midway and end to form report 3) Complete 9 months of clinicals 4) 3/9 mos of clinical service is waived if Law and Ethics course is taken or if 4 CE units in ethics by Board approved CE site 5) 1 month waived for each month of licensed clinical practice in another state up to required 9 mos ================================================== Question: Processing time for foreign applications (apply to those who take exam within 60 days of ATT) Answer: 1) Shall inform applicant of complete application within 30 days 2) Inform applicant about completion of examination requirements within 150 days 3) Minimum processing time ~ 95 days 4) Medial processing time ~ 400 days 5) Maximum processing time ~ 550 days ================================================== Question: Processing time for PTA Applications Answer: 1) Shall inform applicant of complete application within 30 days 2) Inform applicant about completion of examination requirements within 60 days 3) Minimum processing time ~ 67 days 4) Medial processing time ~ 127 days 5) Maximum processing time ~ 166 days ================================================== Question: Article 3 Answer: Physical Therapy Schools ================================================== Question: Approved schools Answer: On file Sacramento - kept by executive officer and accredited by a National association or agency recognized by Council on Post Secondary Education and or Dept. Of Educ. (both the institution and program) - teaching programs not< than 1400 hours may be established in hospitals for those meeting requirements of 2650 business and prof code and the program is accredited ================================================== Question: Supervision required for PTA Answer: 1) Supervising PT should be ONSITE 2) PT must provide "adequate supervision" including ability to communicate in person/on phone at all times 3) PT will periodically provide observation of pt care 4) PT will evaluate, treatment/goals and reveal 5) POC communicated verbally/in writing to PTA before PTA treats patient ================================================== Question: Criteria for approval of PT facilities for foreign trained clinical service Answer: 1) PT facility completes a form entitled CLINICAL SITE 2) Info form (CSIF) - APTA; certifying facility has staffing, clinical instructors, experience to provide PTLA 3) CSIF to board, with Board's notice of Intent to Supervise a foreign educated student (F1B). ================================================== Question: Students and Interns Answer: Students = academic training Intern= completed coursework - onsite supervise by supervisor of CI of assigned patient care to student or intern - document each treatment with signature. CI countersign first initial and second name, all entries ON THE SAME DAY. ================================================== Question: ARTICLE 4 Answer: PTA ================================================== Question: Duties of PTA Answer: 1) Notify the PT of record 2) Document in patient record any change in patient's condition not within planned progress 3) Document any change in patient's general condition 4) Document date, service, name & title ================================================== Question: PTA supervision Answer: Supervising PT available at all times, phone or in person PT periodic observation pt care PT evaluate, form Rx goals, and reveal POC -Document communication verbally and in writing to PTA BEFORE PTA Rx's patient ================================================== Question: When is Co-signature of PTA documentation needed Answer: within 7 days. 1) Within 7 days of PTA care, PT shall review, cosign and date all documentation by PTA and conduct weekly case conference and document in record 2) Within 7 days of D/C, PT documents patient discharge along with signature and patient's response to treatment ================================================== Question: Education considered 'equivalent training' for PTA Answer: Education Equivalents for PTA's: 1) Military training in hospital and PTA course including min 550 hour of tech courses related to PT, 350 hours clinical experience 2) Combo of training and 36 mos of full-time work experience in PT, 30 semester of instruction, 18 mos PT work in acute care facility 3) 60 months of full-time PT experience, 30 months experience in acute care + education a/a. 4) Supervised by an PT license or approved out of state PT. 5) Work experience obtained in past 10 years, one half obtained in last 5 years of application. 6) General education requirements ================================================== Question: Supervision of PTA 'Adequate' supervision defined Answer: - PT responsible at all times for PTA and services provided and must ensure that PTA does not practice autonomously - PT responsible to follow progress of each patient, and which elements of treatment plan may be assigned - PT who performs the initial evaluation, will be the PT of record unless re-assigned - with a written transfer system to succeeding PT - PT of record provides supervisor and direction, PTA should identify and be in communication with PT of record at all times during treatment of a pt ================================================== Question: Supervison PTA (continued) Answer: A PTA CANNOT - perform measurements, data collection, or care prior to PT evaluation - document patient evaluation and reevaluation - write a discharge summary - establish, change plan of care - write progress notes to another professional (exc daily chart notes) - be sole PT rep. responsible in meeting where patient's plan of care is assessed or modified - supervise a PT aide performing pt related tasks - provide treatment if the PTA holds management position in the PT business where care is given (control or influence of scheduling, hiring or firing ================================================== Question: ARTICLE 5 Answer: PTA SCHOOLS ================================================== Question: Criteria for schools and definition of PTA students and interns, name badge Answer: AS PER PT schools - supervise by PT supervisor or PTA under supervision of a PT may perform as clinical supervisor - PT onsite supervision, immediate - PTA student or intern document each treatment , sig, CI countersign, first initial and last name; ON THE SAME DAY as patient related tasks performed. - supervising PT conduct a weekly conference and document in record. ================================================== Question: ARTICLE 6 Answer: PT AIDES ================================================== Question: PT aide Answer: - unlicensed - patient and non patient related tasks - PT evaluate and record aides' level of competency, for performing the patient related task. Record of competencies - pt related - PT service direct to patient excluding non pt related tasks 9 obsv of pt, transport of pt, physical support only during gait and transfers, housekeeping and clerical and similar). ================================================== Question: Under orders and immediate supervision means- Answer: -evaluation of patient by PT prior to pt related tasks assigned to aide -PT formulate Rx program based on naval and any other info, determine patient related tasks assigned to aide that can be performed safely and effectively - responsible at all times for the conduct of the aide, - continuous and immediate supervision of aide - same facility, immediate proximity pt related tasks - able to give immediate advice, instruction or intervention - at some point in day, give PT will give direct service to the patient, as treatment or eval and or monitor progress - PT make the necessary periodic adjustment in patient treatment program, documented. ================================================== Question: Article 7 Answer: Practice by Applicants ================================================== Question: Supervision PTLA Answer: - direct and immediate supervision - PT responsible - close proximity to location where PTLA is Rx patients. - document Rx, signature - PT countersign with initial and second name ON THE SAME day as patient related tasks provided - PT shall document receipt of letter authorizing PTLA and record of expiration, in employee record - PT require documentation of the license then issued at end of PTLA status. -if fail exam, all priviledges of PTLA are lost. Unprofessional conduct if PT allows PTLA to continue to work. - PTA LICENCE applicants - same as above, but supervising PT will also conduct a weekly case conference, and document this in the case record ================================================== Question: Model guidelines for issuing citations and imposing discipline Answer: In deciding to impose a disciplinary action the board shall consider these guidelines from 2009. - Board can deviate from its rems of probation, orders, guidelines with discretion - e.g. mitigating factors, age, ================================================== Question: Issuance of an initial probationary license Answer: - delegated to exec officer or board president, VP - use terms and conditions as per point 91 ================================================== Question: Article 8 Answer: Discipline and reinstatement of license ================================================== Question: Substantial Relationship Criteria for denial, suspension, or revocation of a license Answer: Denial, suspension, or revocation of a license shall be considered if the person commits a crime that is substantially related to qualifications, functions, or duties of a license holder, - if it presents strong evidence of present of potential unfitness of a person too perform function - for safety, PH, or welfare. Incl: 1) Conspiring to violate directly or indirectly any term of the Physical Therapy Practice Act. 2) Conviction of a crime involving fiscal dishonesty 3) Violating any term of the Medical Practice Act ================================================== Question: Rehabilitation Criteria for Suspensions or Revocations of Licensure Answer: When considering the SUSPENSION/REVOCATION OF A LICENSE, criteria for evaluating the rehabilitation of the applicant and his/her present eligibility for a license are: 1) Nature & severity of the act 2) Total criminal record 3) Time that has elapsed since offense 4) Extent to which the applicant has complied with any terms of parole, probation, restitution 5) Evidence of any rehabilitation submitted by the licensee 6) Evidence if any of expungement proceedings to the section of Penal Code ================================================== Question: Required Actions against Sex Offenders Answer: If an individual is required to register as a sex offender, or the equivalent in another state, or territory or military of referral law - the admin law judge shall the proposed decision is to: 1) Promptly revoke the individual's license - not stay the revocation or allow probation 2) Not reinstate or reissue the individual's license Not apply to the following: - those relieved of their duty to register , or terminated under CA law, or the law of the area requiring jurisdiction, - Board can discipline - those required to register sole because of a misdemeanor under the Penal code - though Board can use its discretion to discipline a licensee - ================================================== Question: Provisions considered Unprofessional Conduct Answer: The following provisions are considered "unprofessional conduct": Allowing the following in an agreement to settle a civil dispute from PT practice: 1) Prohibiting the other party from filing a complaint with the board 2) Asking the other party to withdraw the filed complaint 3) Prohibiting the other party from disclosing the nature of the settlement or declares it 'confidential' 4) Failure to comply or cooperate with the board during investigation, court order, of the Ix pending against the PT. Not deprive the licensee of the 5TH amendment privilege guarantees or other constitutional or statutory privileges (and any use of these by PT not be used against them in a regulatory or disciplinary proceedings. 5) Failure to notify the board within 30 days - indictment or info about a felony - arrest of the licensee - conviction, inc verdict of guilty, or pleas of guilty or no contest, of any felony or misdemeanor - any disciplinary matter taken by another licensing entity, agency, fed government, or US military - any report regarding settlements, judgements or arbitration awards - failure to comply with a court order, issued with the enforcement of a subpoena, mandating release of records to the Board. ================================================== Question: Article 8.5 Answer: Administrative Citations ================================================== Question: Administration of citations Answer: Exec officer will determine when and against whom a citation will be issued. - may contain an admin fine, an order of abatement, or both - violation of PT practice Act -violation f relation adopted by the Board - other statutes or regs for which can authorize a citation - citation will be in writing and describe the detail of nature and facts, incl statute number that has been violated. - every citation shall be disclosed to an enquiring member of the public ================================================== Question: Circumstances for Administrative Citations of $100-$2,500 fine Answer: Circumstances for an administrative fine of $100-$2,500: 1) Good or bad faith of cited person 2) Nature/severity of violation 3) Evidence that violation was willful 4) History of violations same or similar 5) Extent of cited person's cooperation 6) Extent of cited person's mitigation of any damage/ ================================================== Question: Circumstances for Administrative Citations of $5,000 fine Answer: Circumstances for an administrative fine of up to $5,000: 1) Violation presenting an immediate threat to health/safety of another person 2) Multiple violation of the PT Practice Act or willful disregard of the Law 3) Violations against senior citizen/disabled person 4) History of 2 or more prior citations of same/similar ================================================== Question: Length of Time Administrative Citations Stay on Record Answer: 5 years. A citation is erased from licensee records 5 years from the date of issuance. If citation withdrawn or dismissed, the are removed immediately from the licensee record. ================================================== Question: Compliance with orders of abatement Answer: - if issued an order of abatement and cited person unable to complete correction within time limit, due to reasons outwit his control and reasonable diligence - may request an extension in writing to the exec officer - when order of abatement not contested or if appeal fails; failure to abate the violation within time allowed is a violation and failure to comply. Time starts when order is served or received. Such violation can result in disciplinary action by Board or other judicial relief taken. ================================================== Question: Citations for unlicensed practice Answer: - the exec officer can determine when and against whom a citation is issued and to issue citations contains order of abatement and fines against persons, corp, associations, partnerships, who are performing or have performed services as a licensee under PT practice Act. - each citation will contain an order of abatement - Board can also issue fine for unlicensed activity, - procedure is applied as above 100-105 ================================================== Question: Time given to request for informal conference to contest citation Answer: 10 days. 1) The person cited may request an informal conference with the executive officer within 10 days of the citation 2) Executive officer must hold an informal conference with the person cited within 30 days or his legs rep and may affirm, modify, or dismiss the citation, including any fine, or order of abatement. - executive officer mail within 10 days a reasons for action of the conference - this is a final order with regard to the citation, including fine and order of abatement - person cited does not waive her request for a hearing to contest a citation by requesting an informal conference - after which the citation is affirmed by the exec officer. If citation is dismissed - after the conference - the request for a hearing on the matter shall be deemed withdrawn. If the citation is modified, the citation withdrawn and new one drawn up. If hearing requested subsequent, it shall be requested in 30 days. ================================================== Question: Article 9 Answer: PT Corps ================================================== Question: Regs definition Answer: PT Professional Corporation Regulations ================================================== Question: Requirements for Professional Corporations Answer: 1) Follows general corporation law and is a professional corp within the Moscone Knox Professional Corp Act 2) Each shareholder, director, officer & professional employee holds a valid PT license. A PT may be a shareholder in >1 professional corp. ================================================== Question: Share: ownership and transfer Answer: > 2 shareholders and one dies or is disqualified for >90 days, - shares sold and transferred to the corp, its shareholders, or other eligible licensed person on such terms as are agreed upon - not later than 6 months after death and not later than 90 days after date of disqualification - corp and shareholders can decide or not to resale the shares from a disqualified person when eligible shareholder again. - share certificate shall contain an appropriate legend to the restrictions of latter point - no restriction on owning shares in a unprofessional corp. ================================================== Question: Corporate Activities Answer: A professional corp can perform any act authorized in its articles, or incorporation or bylaws, so ling as that act is not in conflict with or prohibited by these regs, the physical therapy practice act or new regs. - a professional corp may enter into partnership agreements with other physical therapists, practicing individually or in a group, or other PT corps. ================================================== Question: Article 10 Answer: Fees ================================================== Question: PT/PTA Application Fee Answer: $125.00 ================================================== Question: PT Application Fee for Foreign Graduates Answer: $200.00 ================================================== Question: PT License issue Answer: $100.00 ================================================== Question: Renewal of License Answer: $200 ================================================== Question: PT/PTA Examination & Re-examination Fee for NPTE Answer: PT fee: $400.00 PTA fee: $400.00 ================================================== Question: PT/PTA Examination & Re-examination Fee for Jurisprudence Exam in CA Answer: $30.00 ================================================== Question: Electromyography Certification Fee (Application & Biennial Fee) Answer: Application fee/renewal: $200 Exam/certification $500 Certification renewed with each holder's license Subject to suspension and revocation Unprofessional conduct to perform either EMG or electroneuromyography without authorization - unless to meet experience requirements for the board and is supervised. ================================================== Question: Article 11 Answer: EMG certification ================================================== Question: Definition of Electroneuromyography Answer: "Electroneuromyography" means the performance of tissue penetration for the purpose of evaluating neuromuscular performance INCLUDING the evaluation of specific abnormal potentials & evoked responses ================================================== Question: Definition of Kinesiological Electromyography Answer: "Kinesiological Electromyography" means the study of the phasic activity of individual or multiple muscles in relation to another physiological event or exercise and DOES NOT include the evaluation of specific abnormal potentials and evoked responses ================================================== Question: Certification required Answer: Forbidden: - tissue penetration for the purpose of making an EMG eval unless he or she is certified / or supervised in order to meet experience requirements for examination by the Board for certification - kinesiological emg eval without additional authorization by Board as indicated on her certification - no PT certified to perform electroneuromyographical without additional Board authorization as indicated on her certification ================================================== Question: Requirements for Kinesiological Electromyography certification Answer: 1) Licensure 2) Training in tissue penetration - evidence of training under licensed physician or PT certified to perform EMG; tissue penetration for the purpose of evaluation of muscular or neuromuscular performance (pertinent anatomy and physiology; choice of equipment; proper technique; hazards and complications, post test care; satisfactory performance by training in skills of tissue penetration. 3) Education: evidence of 1 of the following: - completion course work pertinent to EMG obtained in a Uni or college (approved) - gain academic creditor CW which is acceptable to the Board. - completion of self-study prepared enough to pass certification exam, provide evidence and any supervising EMG proctor named and statements provided. - authorization to provide EMG in another state with similar requirements 4) Experience : evidence of following requirements 1) -provide evidence of (200 hours in kinesiological electromyography providing progressive EMG training under a certified PT in this state or another or licensed physician who uses this technique. -2) Provide Documentation of completion of 50 kinesiological electromyographic examinations ================================================== Question: Requirements for Electroneuromyography Authorization Answer: In addition to POINT 124: provide evidence in one of the following for Education: (Licensure, training in tissue penetration as above 1/2 as before) - in addition to regular course Uni /College as point 3 /124 - additional course work _ neuroanatomy, clinical neurology, clinical science of electoneuromyography, - completion of self study, to pass supplemental exam provide evidence; any named proctors name and statements. - authorization in another state same requirements Experience: 1) 400 hours in kinesiological electromyography - evidence progressive training under a PT certified in this or other state; or an electrophysiological clinical specialist (ABPTS) or licensed physician who uses technique 2)Provide Documentation of completion of 200 electroneuromyography examinations ================================================== Question: EMG Reports Answer: ' this study has been performed in accordance with the Physical therapy Practice Act and with PT regs, The findings of this report do not represent diagnostic interpretations or medical diagnosis. The results by EMG exam by certified EMer are intended for integration by the physician and surgeon with the patients ....and the results of other tests in establishing a medical diagnosis' -data collection, presentation and summarization ================================================== Question: Article 12 Answer: Topical Medications ================================================== Question: Compliance Answer: A PT may administer or apply topical meds to a patient - 'applied locally to skin or underlying tissue where there is a break in or absence of the skin where such meds require a prescription or order under federal state law' ================================================== Question: Topical Medication Prescription Answer: 1) Topical medication must be prescribed by an MD 2) Written protocol of meds including description, indications/contraindications, & proper procedure/technique ================================================== Question: Administration of Medications Answer: 1) Direct application 2) Iontophoresis 3) Phonophoresis ================================================== Question: Authorization and protocols required Answer: 1) Prescribed bt a practitioner legally (under fed.law) able to order it 2) Written protocols shall be prepared for application of each of the groups of meds - description of med, its actions, it's indications and CI and proper procedure and technique for application ================================================== Question: List of Authorized Topical Medications that can be applied by a PT Answer: A physical therapist may apply the following topical medications: 1) Bacteriocidal agents 2) Debriding agents 3) Topical anesthetic agents 4) Anti-inflammatory agents 5) Antispasmodic agents 6) Adrenocortico-steroids ================================================== Question: Article 13 Answer: Continuing competency requirements and inactive license status ================================================== Question: CPD required Answer: 30 hours of continuing competency in each license cycle- provide evidence First time license renewals - if renewal submitted prior to the expiration of original license the the CPD hours is half (15 hours) For license accumulating CE units; under the CE requirements of APTA; OR CPTA one CEU is equal to 10 hours. ================================================== Question: Content standards for Continuing Competency Answer: - subjects related to either prof PT practice or patient management - prof. practice of PT includes but not limited to prof accountability, prof behavior; prof development - patient client management includes but not limited to examination, evaluation, and diagnosis, prognosis; plan of care; implementation; education and discharge ================================================== Question: For each cycle Answer: - 2 hours of ethics, laws, regs or some combination - 4 hours in life support for HCP, comparable to or more advanced than American Heart Association basic life support course ================================================== Question: Authorized pathways for gaining hours Answer: - must be via authorized pathway - traditional or alternate 1) Traditional pathways: approved provider. No limit to hours - continuing education courses, incl home and self study courses approved through an agency recognized by the board - college coursework from an accredited institution 2) Alternate pathways :entity other than approved provider - specified by the board. Number must not exceed the cap below and via the board formula for hours: (See attached card) ================================================== Question: Standards for approval agencies Answer: Approval agency must be recognized by the Board (met standards below): - capacity to evaluate the course offered by the provider and shall conduct audits of at least 10% of it approved provider's courses - procedure for periodic review of its courses to ensure content quality and currency - procedure to respond to complaints - shall provide services to all persons without discrimination - if agency offers CE courses direct to a licensee - shall have means to avoid a conflict of interest between its functions as a provider, and its function as an approval agency - if offering retroactive approval for a course, must evaluate the course for compliance of standards and record retention - upon written approval that an agency has been approved by the Board, must advertise this fact - Board may ask agency to submit records of compliance with this section - failure of approval to comply fully, or a material misrepresentation to the Board, will lead to a withdrawals of recognition(Board members after written notice with reasons and giving time for agency to response) ================================================== Question: Standards for approved providers Answer: - topics pertinent to PT practise - instructors competent and qualified appropriately, training, experience, scope of practice, licensure - syllabus, learning obj, bibliography and a schedule - (in person course) and an outline (-online courses) - written educational goals, specific learning obj, measurable and serve as basis for effectiveness of the course - if joint sponsorship (provider works with others on distribution and or presentation of a CE course, procedures to identify and document each parties role. -review of course periodically to ensure content quality and currency - opportunity for participants to give feedback - use in evaluations for updating courses - procedure to respond to complaints - no discrimination - maintain records, re course content and licenses for 7 YEARS - disclose any financial interest, in products recommended during a course - provide a certificate of attendee - advertise is true and not misleading - and incl a statement with name of the approval agency, and it can be contacted about any concerns, any agency providers ID no. and no.of hours for which the course has been approved. ================================================== Question: Record keeping (CPD diary) Answer: - keep and maintain records for each course or activity - title, date, record of participation - KEEP FOR 5 YEARS ================================================== Question: Inactive Status Answer: - written request Board grants inactive status if the license is current and not suspended, revoked or otherwise punitively restricted - no activity if license inactive - renewal fee for inactive license is same as an active license - to restore an inactive license - pay fees and continuing competence fees; complete CE equivalent to that required for a single renewal period of an active license within the last 2 years prior to to applying to restore the license to active ================================================== Question: Exemption from continuing competency Answer: - evidence that the licensee was living in another country for 1 year or longer, - absent due to military service 1 year or longer - health or other good cause a) Total physical or mental disability for 1 year, or longer and inability to work verifiable or an immediate family member you are totally responsible for; - not granted for 2 consecutive renewal periods; need to renew license in an an inactive status if not meet CE requirements following an exemption, ================================================== Question: Criteria for Approval of PT Facilities for Clinical Experience Answer: Each PT facility shall complete a CSIF form in order to certify that the facility has the staffing, clinical experience, & clinical instruction to provide PT clinical experience for student ================================================== Question: Breathe ..... Answer: 1) Under IMMEDIATE & DIRECT supervision 2) PT shall evaluate patient prior to performance of any tasks by the aide 3) Determine those tasks which may be assigned to an aide 4) PT shall be in the SAME facility and in IMMEDIATE PROXIMITY to the location where the aide is performing task 5) Shall perform periodic re-evaluation of the patient ================================================== Question: Review questions Answer: 1) Under IMMEDIATE & DIRECT supervision of a licensed PT 2) Be in CLOSE PROXIMITY ================================================== Question: Supervision of PT Aide Answer: 1) Under IMMEDIATE & DIRECT supervision of a licensed PHYSICAL THERAPIST 2) Be in CLOSE PROXIMITY ================================================== Question: Supervision of PTLA Answer: 1) ONSITE supervision by a physical therapist (clinical instructor) ================================================== Question: Supervision of PTALA (PTA license applicant) Answer: 1) Shall be supervised by a PT 2) May be supervised by a PTA under supervision of a PT 3) ONSITE supervision by a physical therapist ================================================== Question: Supervision of PT Student Answer: "Direct & immediate supervision" means a supervisor shall be at all times responsible for work performed and shall be in CLOSE PROXIMITY to tasks provided by PTLA/PTALA/PT Aide ================================================== Question: Supervision of PTA Student Answer: 1) PT shall at all times be responsible for work performed by a PTA. 2) PT must determine what services are deemed appropriate for PTA. 3) PT who conducts Initial Evaluation shall be the one to provide supervision & direction of PTA in the treatment of that patient 4) PTA should be able to communicate with PT at all times ================================================== Question: Definition of "Direct & Immediate Supervision" Answer: 1) Renewal of license with form (at this time report any misdemeanor or crime) 2) Pay the prescribed renewal fee 3) Submit proof of completion of continuing Edu or competency ================================================== Question: Definition of "Adequate Supervision" Answer: b) a PT ================================================== Question: Requirements for Renewing License are: Answer: c) 12AM on the last day of the licensee's birth month ================================================== Question: A PTALA can be supervised by: a) PTA b) PT c) PT student Answer: b) 5 years ================================================== Question: PT license expires at: a) 12pm on the last day of the licensee's birth month b) 12am on the first day of the licensee's birth month c) 12am on the last day of the licensee's birth month Answer: c) 12 months ================================================== Question: A PT may not renew his/her license if it has not been renewed with this many years after its expiration: a) 3 years b) 5 years c) 7 years Answer: Of a misdemeanor, with a fine no more than $1000 and/or imprisonment of no more than 6 months ================================================== Question: The California Board of Physical Therapy may not suspend a license for more than: a) 16 months b) 14 months c) 12 months d) 10 months Answer: a) 1 year ================================================== Question: Anyone who violates the provisions of the Practice Act shall be guilty: Answer: d) Ability to communicate with the supervising PT at all times ================================================== Question: An application will be denied if the Board Exam is not successfully passed within: a) 1 year b) 2 year c) 3 year d) 5 year Answer: a) A PT or PTA with onsite PT supervision ================================================== Question: A PT must provide "adequate supervision" of a PTA. This includes: a) On-site supervision of the PTA by the PT b) Ability to communicate with a non-supervising PT at all times c) Close proximity by the PT at all times d) Ability to communicate with the supervising PT at all times Answer: a) Between $100 and $2500 ================================================== Question: A PTA student may be supervised by: a) A PT or PTA with onsite PT supervision b) A PT only c) A PT or PTA with "adequate" PT supervision d) a PT or PTA with close proximity PT supervision Answer: c) $5000 ================================================== Question: Violators of the Physical Therapy Practice Act may be subjected to an administrative fine: a) Between $100 and $2500 b) Between $500 and $2500 c) Between $100 and $5000 d) Between $500 and $5000 Answer: c) 5 years ================================================== Question: Violations of the Physical Therapy Practice Act that involves immediate threats, multiple violations, acts against senior citizens or disabled persons may incur a fine up to: a) $1000 b) $2500 c) $5000 d) $7500 Answer: c) 30 hours every 2 years ================================================== Question: All citations and violations of the Physical Therapy Practice Act are disclosed to the public and remain in licensee records for: a) 3 years b) 4 years c) 5 years d) 7 years Answer: a) 15 hours within the first 2 years ================================================== Question: To maintain a license, a licensee is required to complete the following competency hours: a) 15 hours within the first 2 years b) 15 hours within the first year c) 30 hours within the first 2 years Answer: 1) 2 hours in ethics, laws, and regulations 2) 4 hours in life support for health care professions ================================================== Question: For first-time renewals the required continuing competency hours are: a) 15 hours within the first 2 years b) 15 hours within the first year c) 30 hours within the first 2 years Answer: 1) Continuing education courses 2) College coursework 3) Publishing a peer-reviewed journal article 4) Developing a ConEd course 5) Participating as a subject matter expert in the examination process 6) Serving on a Board 7) Performing role as a CI 8) Attending a PT conference or Board meeting 9) Passing ABPT Specialties Exam ================================================== Question: For each renewal cycle, a licensee's continuing education hours must include: Answer: a) Title of course, date taken, record of participation These documents should be kept for 5 years. ================================================== Question: The following are acceptable pathways for continuing competency hours: Answer: 1) Residing in a foreign country for at least 1 year 2) Absent from CA for up to 1 year due to military service 3) Total physical/mental disability for 1 year 4) Total responsibility for a family member who has total physical/mental disability ================================================== Question: Records of continuing competency hours should include: a) Title of course, date taken, record of participation b) Title of course, location taken, date taken c) Date taken, location taken, record of participation d) Title of course, location taken, record of participation Answer: d) 30 days ================================================== Question: Exemptions from completing continuing competency hours include: Answer: b) 4 years ================================================== Question: A licensee must report any felony or misdemeanor within: a) 10 days b) 15 days c) 20 days d) 30 days Answer: c) Renew the license in the same time period as if it was active ================================================== Question: Board members are appointed for terms of: a) 2 years b) 4 years c) 6 years Answer: c) Citation ================================================== Question: When the Board grants an inactive status to a licensee, the licensee must: a) Complete the continuing competency hours during the inactive status b) Re-take the Board Exam in order to restore the license to active status c) Renew the license in the same time period as it was active Answer: a) Misdemeanor and a punishable by a fine $1000-$5000 ================================================== Question: Using a suspended license or duplicating a license warrants a: a) Felony b) Misdemeanor c) Citation Answer: c) 30 days ================================================== Question: Practicing without a license or fraudulently taking the Board exam is a: a) Misdemeanor and a punishable by a fine $1000-$5000 b) Misdemeanor and a punishable by a fine $2000-$5000 c) Misdemeanor and a punishable by a fine no less than $5000 Answer: A) Be credentialed by the APTA and oversee a student full time for at least 4 weeks ================================================== Question: The Board will hold an informal conference within this many days from the receipt of the request: a) 10 days b) 15 days c) 30 days d) 45 days Answer: D) all of the above ================================================== Question: In order to qualify for continuing competency hours as a clinical instructor, a PT must: a) Be credentialed by the APTA and oversee a student full time for at least 4 weeks b) Be credentialed by the APTA or similar and oversee a student full-time for at least 7 weeks c) Be credentialed by the APTA or similar and oversee a student full-time for at least 3 weeks Answer: B) 4 PTs who have been practicing at least 5 years prior to appointment and 3 public members ================================================== Question: The CBPT may issue a citation, impose discipline, suspend or revoke a license, or impose probationary conditions on a license due to: a) Practicing beyond the scope of a practice b) Failure to follow infection control guidelines c) Committing sexual harassment/abuse d) all of the above Answer: All of the above ================================================== Question: The members of the California Board of PT include: a) 3 PTs who have been practicing at least 5 years prior to appointment and 3 public members b) 4 PTs who have been practicing at least 5 years prior to appointment and 3 public members c) 4 PTs who have been practicing at least 7 years prior to appointment and 3 public members Answer: c) Inspect all documentation related to physical therapy services ================================================== Question: The California Board of Physical Therapy is responsible for the following: a) Establishing a passing score for all exams b) Issuing licenses c) Revoking licenses d) all of the above Answer: a) 45 days or 12 visits, whichever comes first ================================================== Question: The California Board of Physical Therapy has the right to: a) Inspect personal files of licensees b) Arrest licensees c) Inspect all documentation related to physical therapy services d) Issue citations up to $10,000 Answer: c) No less than 7 years ================================================== Question: In the state of California, PTs can treat patients without an MD referral for: a) 45 days or 12 visits, whichever comes first b) 30 days or 12 visits, whichever comes first c) 45 days or 10 visits, whichever comes first d) 30 days or 10 visits, whichever comes first Answer: d) No more than 2 PTAs and one aide ================================================== Question: Patient records should be maintained for: a) No less than 3 years b) No less than 5 years c) No less than 7 years d) No less than 9 years Answer: c) PT ================================================== Question: A physical therapist can supervise: a) No more than 1 PTA and one aide b) No more than 2 PTAs and 2 aides c) No more than 1 PTA and one aide d) No more than 2 PTAs and one aide Answer: d) Progress treatment within the plan of care ================================================== Question: PTAs can be supervised by a: a) PT student b) PTLA c) PT Answer: b) By a PT and in immediate proximity of the aide ================================================== Question: A PTA is able to: a) Write progress notes to other health care professionals b) Provide treatment if serving in a management position c) Supervise a PT aide d) Progress treatment within the plan of care Answer: a) By a PT and in close proximity of the PTALA ================================================== Question: Supervision of a PT aide must be: a) By a PT and in close proximity of the aide b) By a PT and in immediate proximity of the aide c) By a PT or PTA and in immediate proximity of the aide d) By a PT or PTA and in close proximity of the aide Answer: b) Cosigned the same day by the supervising PT ================================================== Question: Supervision of a PTALA must be: a) By a PT and in close proximity of the PTALA b) By a PT and in immediate proximity of the PTALA c) By a PT or PTA and in immediate proximity of the PTALA d) By a PT or PTA and in close proximity of the PTALA Answer: d) Disclosed to the public and remain in licensee records for 5 years ================================================== Question: Documentation by a PTALA must be: a) Cosigned the same week by the supervising PT b) Cosigned the same day by the supervising PT c) Cosigned the same week by the supervising PT and PTA d) Cosigned the same day by the supervising PT and PTA Answer: b) 5 years ================================================== Question: All citations and violations of the PT Practice act are: a) Disclosed to the public and remain in licensees records for 3 years b) Confidential but remain in licensees records for 5 years c) Disclosed to the public and remain in licensees records for 1 year d) Disclosed to the public and remain in licensee records for 5 years Answer: d) A and B ================================================== Question: All licensees shall maintain records of continuing competency hours for: a) 7 years b) 5 years c) 3 years d) 2 years Answer: c) 30 days ================================================== Question: Exemptions from completing continuing competency hours include: a) Residing in a foreign country for at least 1 year b) Absent from CA for up to 1 year due to military service c) Total physical or mental disability for at least 2 years d) A and B Answer: d) A and B ================================================== Question: The Board will hold an informal conference within this many days from the receipt of the request: a) 10 days b) 15 days c) 30 days d) 45 days Answer: d) 4 years ================================================== Question: Topical medications may be administered by: a) Direct application b) Injection c) Phonophoresis d) A and B Answer: licensed physical therapist ================================================== Question: Board members are appointed for terms of: a) 2 years b) 6 years c) 1 year d) 4 years Answer: Perform spinal joint manipulation requiring re-examination and clinical decision making ================================================== Question: Who can legally perform the initial examination and evaluation of a patient referred to physical therapy? Answer: Change the plan of care in order to better meet the patients needs ================================================== Question: Which of the following interventions would NOT be appropriate to delegate to a physical therapist assistant? Answer: Physical Therapists ================================================== Question: Which of the following would NOT be appropriate within the scope of practice of the physical therapist assistant? Answer: The supervising physical therapists shall be readily available in person or by telecommunication to the PTA at all times while the physical therapist assistants is treating patients. ================================================== Question: Who may legally supervise PT Aides in California? Answer: Laws and regulations provide rights and protection for PT's and PTA's as well as outlining the responsibilities and limitations of the scope of practice ================================================== Question: Which statement best describes supervision requirements for physical therapist assistants? Answer: Go to the website for the Physical Therapy Board of California ================================================== Question: Which statement is true regarding laws and regulations governing physical therapy practice? Answer: Evaluate and develop a treatment plan for a patient with a routine condition ================================================== Question: How could a student physical therapist assistant most easily obtain a copy of the "practice act" for physical therapy in California? Answer: assisting the patient with an excercise routine ================================================== Question: Which of the following would not be appropriate for a licensed physical therapist assistant? Answer: The physical therapist must provide continuous and immediate supervision of the aide ================================================== Question: Which of the following activities of a physical therapy aide would be defined as a patient- related task? Answer: The physical therapist who performs the initial evaluation of a patient, unless the patients care is reassigned to another physical therapist of record ================================================== Question: Which of the following statements regarding supervision of an aide by the physical therapist is TRUE in California? Answer: The therapist who has been designated the "physical therapist of record" for that patient. ================================================== Question: Who is the "physical therapist of record" Answer: two "2" ================================================== Question: Who is responsible for providing supervision and direction to the physical therapist assistant in the treatment of a given patient? Answer: NONE a PTA CANNOT supervise and aide! ================================================== Question: What is usually the maximum number of physical therapist assistants that a physical therapist can supervise in California? Answer: Evaluate and document the aides competency level for performing the patient related task that the aide will provide ================================================== Question: What patient-related task can an aide perform under the supervision of a PTA, according to the California laws and regulations? Answer: Write daily chart notes in the patients medical record ================================================== Question: Prior to a PT aide providing patient care, what does a supervising PT need to do? Answer: May treat patients only if the disorder has been diagnosed by an appropriate medical diagnostician ================================================== Question: Which of the following may a PTA do? Answer: Must document participation in 30 hours of continuing education or other forms of professional development during each two-year period between licensure renewal dates as a requirement for licensure renewal ================================================== Question: Which of the following is true for Physical Therapists in California? Answer: Joint mobilization; nutritional supplementation; acupressure ================================================== Question: Under the continuing competency requirement(Regulations 1399.90-1399.99) which became effective in November 2009, physical therapists and PTA's licensed in California Answer: Practice Act ================================================== Question: Which of the following are NOT included in the curriculum of a PTA program? Answer: serve in a clinical leadership position as long as he/she doesn't perform service as a PTA in the same practice ================================================== Question: Each state has the right to define the progression of physical therapy and regulate the practice in its jurisdiction. What is the piece of legislation known as? Answer: A physical therapist assistant under the supervision of a physical therapist supervisor may perform as clinical instructor of the physical therapist assistant student ================================================== Question: Which of the following may a PTA do? Answer: The physical therapist must be in immediate proximity to the aide if the aide is performing patient related tasks ================================================== Question: Which of the following statements is true regarding supervision of PTA students? Answer: Physical Therapy Board of California ================================================== Question: Which of the following is true regarding use of physical therapy aides? Answer: Protection of the public ================================================== Question: Article 1: admin & general provisions "Board" Answer: - 4 PTs, one of whom is involved in physical therapy edu - 3 public members - Appointed by Governor ================================================== Question: Article 1: admin & general provisions Highest priority for the Board Answer: - California resident - Valid and unrestricted license in California - Practiced in California for at least 5 years prior to appointment to the board. ================================================== Question: Article 1: admin & general provisions Members of the Board Answer: - California resident - Cannot be * an officer or faculty member of any college, school, or institution involved in PT education * a licentiate of the Medical Board of Cali or of any other board ================================================== Question: Article 1: admin & general provisions Qualifications for board members (PT's) Answer: Four years Term expires June 1 Cannot serve more than 2 consecutive terms (8 years total) ================================================== Question: Article 1: admin & general provisions Qualifications for board members (public members) Answer: - Evaluate qualifications of license applicants - Provide PT/PTA exams and establish passing score - Issues all California licenses - Suspend and revoke licenses - Administer a continuing competency program - Participate in Delegate Assembly & committee meetings - Publishes an annual newsletter - Trains/orients new board members - Inspects PT facilities & pt charts ================================================== Question: Article 1: admin & general provisions Term for Board members Answer: 3x/year. Once in Southern CA, once in Northern CA *Board must comply with Bagley-Keene Open Meeting Act ================================================== Question: Article 1: admin & general provisions Board duties Answer: The art and science of physical or corrective rehab or of physical or corrective Rx of any bodily or mental condition of any person by the use of physical, chemical, and other properties of heat, light, water, electricity, sound,massage, and active, passive, and resistive exercise, and shall include PT eval, Rx planning, instruction and consultative services. ================================================== Question: Article 1: admin & general provisions How often does the Board meet? Answer: Not authorized under the term "physical therapy" ================================================== Question: Article 2: Scope of Regulation & Exemptions Definition of PT Answer: - PT refers pt to MD if goals are not being met or they have a condition outside PT's scope of practice - PT discloses to pt any financial interest he/she has - PT notifies MD that he/she is treating pt (with pt's written authorization) - PT stops treating pt after 45 days or 12 visits (unless MD signs PT's POC & examines pt) ================================================== Question: Article 2: Scope of Regulation & Exemptions Use of roentgen rays and radioactive materials, for diagnostic and therapeutic purposes, and use of electricity for surgical purposes, including cauterization Answer: No ================================================== Question: Article 2: Scope of Regulation & Exemptions Patient may initiate Physical Therapy directly from PT (aka direct access) if: Answer: PT's can apply, but CANNOT prescribe topical medications ================================================== Question: Article 2: Scope of Regulation & Exemptions Can PT's diagnose a disease or provide prognostic info? Answer: - Must be a licensed PT - Must be certified by Board - Cannot diagnose or give prognosis ================================================== Question: Article 2: Scope of Regulation & Exemptions Topical Medications Answer: At least 7 years following D/C Minors: at least 1 year after minor has reached 18, at least 7 years ================================================== Question: Article 2: Scope of Regulation & Exemptions Tissue penetration for purpose of evaluating neuromuscular performance Answer: 2 assistants 1 aide (for patient-related tasks) ================================================== Question: Article 2: Scope of Regulation & Exemptions How long should patient records be kept? Answer: Not independently ================================================== Question: Article 2: Scope of Regulation & Exemptions How many PTAs can a PT supervise? How many aides? Answer: No ================================================== Question: Article 2: Scope of Regulation & Exemptions Can a PTLA or PT student supervise a PTA or aide? Answer: - Unlicensed - At least 18 years - Under supervision of PT at ALL times - Can do massage, external baths, or normal exercise that's not part of PT Rx ================================================== Question: Article 2: Scope of Regulation & Exemptions Can a PTA do evaluations or discharge summaries? Answer: Physical therapy technician Physiotherapist LPT, RPT, PT DPT, PhD, EdD (if have a doctoral degree) ================================================== Question: Article 2: Scope of Regulation & Exemptions PT aide Answer: Over 18 years old Not addicted to alcohol/drugs Completed schooling Not have committed crimes ================================================== Question: Article 2: Scope of Regulation & Exemptions What are synonyms for a Physical Therapist? Answer: - Licensed as a PT or PTA in a state equal to or higher than CA and passed an exam comparable to CA exam - Graduated from an accredited PT or PTA program - Files an application * May perform as a PTLA or PTALA during this time ================================================== Question: Article 3: Qualifications & Requirements for Licensure What are the requirements for ALL license applicants? Answer: - Can retake exam - Must pay re-exam fees ================================================== Question: Article 3: Qualifications & Requirements for Licensure An applicant may be issued a license without a written exam if: Answer: 120 days If applicant passes exam, status stays in effect until license is issued If applicant fails exam, status permanently removed ================================================== Question: Article 3: Qualifications & Requirements for Licensure PTLA or PTALA who fails exam Answer: Letter authorizing license applicant status and date of expiration ================================================== Question: Article 3: Qualifications & Requirements for Licensure How long can a PTLA or PTALA work? Answer: At 12 am on last day of birth month Every 2 years ================================================== Question: Article 3: Qualifications & Requirements for Licensure What must a supervising PT document concerning a PTLA or PTALA? Answer: Fill out renewal form Pay renewal fee Submit proof of con ed hours Disclose any misdemeanor on renewal application ================================================== Question: Article 4: Renewal of Licenses When does a license expire? Answer: 60 days before expiration date * Notice includes renewal fee amount and date it is due. ================================================== Question: Article 4: Renewal of Licenses How do you renew an unexpired license? Answer: - may be renewed within 5 years after its expiration - must fill out renewal application and pay fees - must submit proof of required con-ed hours * A person who fails to renew license within 5 yrs cannot renew it. Must apply for new license and retake exams! ================================================== Question: Article 4: Renewal of Licenses When does the board send out a notice that the license is about to expire? Answer: - Exempt from paying renewal fees while actively serving - Must pay renewal fees w/in 60 days of D/C from active duty - Time spent in active service not included in the 5-year period for renewal - Must still submit proof of con- ed hours ================================================== Question: Article 4: Renewal of Licenses A license that has expired Answer: - May request renewal fee be waived - Must still submit proof of con-ed hours * If renewal fee waived, cannot practice PT until licensee pays renewal fees and convinces board (a) disability no longer exists or affects ability to practice and (b) signs an agreement to limit his/her practice as prescribed by MD ================================================== Question: Article 4: Renewal of Licenses Licensee on active duty (military) Answer: - Renewal fee waived if CA resident - Must still submit proof of con-ed hours ================================================== Question: Article 4: Renewal of Licenses Licensee who is U/A to practice due to a disability Answer: - Exempt from paying renewal fee - Exempt from con-ed hours - Shall not engage in practice of PT ================================================== Question: Article 4: Renewal of Licenses Licensee who provides voluntary, unpaid PT services Answer: shall not exceed 30 hours every 2 years * 1 unit = 10 hours ================================================== Question: Article 4: Renewal of Licenses Person who wants retired license status Answer: - Graduated from accredited PT school - Instructed in subjects prescribed by CAPTE - At least 18 wks full-time with a variety of patients ================================================== Question: Article 4: Renewal of Licenses Required continuing education Answer: - Graduated from accredited PTA school - Instructed in subjects prescribed by CAPTE ================================================== Question: Article 5: Education Standards What are the education requirements for a PT? Answer: - Submit proof to board that he/she graduated from PT program equivalent to a board-approved program - Demonstrate English proficiency - Complete 9 mo of clinical service under PT supervision ================================================== Question: Article 5: Education Standards What are the education requirements for a PTA? Answer: - Wrongful ads - Obtaining license by fraud/misrepresentation - Practicing outside PT, PTA scope of practice - Conviction of a crime - Controlled substance/drug use - Administering drugs without MD authorization - Failure to maintain adequate/accurate pt records - Gross negligence in delivery of PT care - Aiding or abetting any person to engage in unlawful practice of PT - Failure to follow infection control guidelines - Verbal abuse or sexual harassment - Misuse of aides - Viewing a disrobed pt if not necessary - Charging a fee for services not performed - Falsifying of patient records/documentation - Failure to maintain confidentiality (except as required by law) - Habitual intemperance (alcoholism) ================================================== Question: Article 5: Education Standards PTLA who graduated from PT program not Board-approved and not located in US can Answer: Civil penalty of $1,000 per day after the 15-day period ================================================== Question: Article 6: Enforcement Board may issue citation, probation, deny/revoke license, or suspend up to 12 mo for unprofessional conduct incl: Answer: who is required to register as a sex offender (Section 290 of Penal Code) ================================================== Question: Article 6: Enforcement A licensee who fails or refuses to comply with a request from the board w/in 15 days for a pt's medical records despite pt's written authorization for release Answer: - 3 years for unprofessional conduct - 2 years for early termination of probation - 1 year for mental/physical illness * Petition must include 2 LOR from PT's * Not considered while under sentence for any criminal offense ================================================== Question: Article 6: Enforcement The board shall deny a PT or PTA license to an applicant Answer: To identify and rehab PT and PTA whose competency is impaired due to drug/alcohol abuse ================================================== Question: Article 6: Enforcement A person on probation or whose license has been revoked or suspended may petition board for reinstatement after: Answer: - Rehabilitation evaluation committee - 3 members with substance abuse experience or who are knowledgeable in Rx/recovery - Board considers appointing MD certified in psychiatry - Term of 4 years - Shall only convene in closed session if necessary to protect the privacy of a participant (otherwise Bagley-Keene Open Meeting Act applies) ================================================== Question: Article 7: Substance Abuse Rehab Program What is the purpose of this program? Answer: - Evaluate PTs and PTAs who request participation - Designate Rx facilities to which program participants may be referred - Consider whether each participant in program may safely resume practice of PT - Establish terms/conditions for program participants - Hold public meeting 2x/year ================================================== Question: Article 7: Substance Abuse Rehab Program What are the components of the program? Answer: - Applicant licensed as a PT or PTA and resident of CA - Applicant abuses dangerous drugs/alcohol - Applicant voluntarily requested admission or accepted due to disciplinary action - Applicant agrees to take any medical or psych exam - Applicant provides medical info, discloses authorization, liability releases - Applicant agrees in writing to all elements of Rx program ================================================== Question: Article 7: Substance Abuse Rehab Program What are the duties of the rehab evaluation committee? Answer: - Applicant will not benefit from program - Participation creates too great a risk to public safety ================================================== Question: Article 7: Substance Abuse Rehab Program What are the criteria for acceptance into rehab program? Answer: - Successfully completed program - Failed to comply with program ================================================== Question: Article 7: Substance Abuse Rehab Program What are the criteria for denial into rehab program? Answer: - misdemeanor - Up to $1,000 fine - Imprisonment county jail up to 6 mo - or both ================================================== Question: Article 7: Substance Abuse Rehab Program What are the criteria for termination from rehab program? Answer: - name of every living licensee - his/her last known place of residence - date/number of his/her license - list of who is authorized to practice PT in the state ================================================== Question: Article 8: Offenses Against This Chapter Any violation of this chapter Answer: - Amount and source of all collections made from persons licensed or seeking to be licensed * All sums goes to the State Treasury then into PT fund ================================================== Question: Article 9: Fiscal Administration What does the Board's registry contain? Answer: U.S PT: $125 Foreign PT: $ 200 * This fee will never exceed $300 ================================================== Question: Article 9: Fiscal Administration What does the Board report to the State Controller within the first 10 days of each month? Answer: $100 * This fee will never exceed $150 ================================================== Question: Article 9: Fiscal Administration What is the fee to APPLY for a PT license? Answer: $ 200 * This fee will never exceed $300 * Delinquency fee: 50% of renewal fee ================================================== Question: Article 9: Fiscal Administration What is the fee to ISSUE a PT license? Answer: U.S PTA:$125 Foreign PTA:$ 200 * This fee will never exceed $300 ================================================== Question: Article 9: Fiscal Administration What is the fee to RENEW a PT or PTA license? Answer: $ 50 * This fee will never exceed $100 ================================================== Question: Article 9: Fiscal Administration What is the fee to APPLY and ISSUE a PTA license? Answer: $ 60 * This fee will never exceed $100 ================================================== Question: Article 9: Fiscal Administration What is the duplicate wall certificate fee? What is the duplicate renewal receipt fee? Answer: submit a report to the legislature justifying the increase and state % of increase ================================================== Question: Article 9: Fiscal Administration What is the endorsement or letter of good standing fee? Answer: Application and renewal fee: $ 200 Exam and re-exam fee: $ 500 ================================================== Question: Article 9: Fiscal Administration Whenever the board increases any fee it must Answer: A corporation authorized to render professional services, so long as that corporation (who are physical therapists) are in compliance with the Moscone-Knox Professional Corporation Act ================================================== Question: Article 9: Fiscal Administration What are the fees for persons certified to perform electromyography testing? Answer: "physical therapy" or "physical therapist" ================================================== Question: Article 10: Physical Therapy Corporation Definition Answer: - Bylaws shall include a provision whereby capital stock of the corp owned by a disqualified or a deceased person shall be sold to the corp or remaining shareholders - Shall provide adequate security by insurance ==================================================

California Permit Practice Test

December 5, 2023 Dwayne Morise

Question: A driver under 21 who has a BAC that is higher than 0 will have their license suspended for
Answer: 1 Year
==================================================
Question: The fine for littering is ______. You may also be required to ______.
Answer: $1000; pick up what you littered
==================================================
Question: A minor may have his or her license canceled at any time by
Answer: a parent or legal guardian
==================================================
Question: If a PAS (alcohol test) of an underage California driver reveals a bac of ___ or higher, the office may require them to take a second test
Answer: 0.05%
==================================================
Question: Under NOTS, you will lose your license if you earn ___ points in 12 months
Answer: 4
==================================================
Question: is illegal for someone age 21 or older to drive with a bac of
Answer: 0.08%
==================================================
Question: a provisional license allows you to drive
Answer: without an accompanying driver
==================================================
Question: if a driver loans his or her vehicle to an unlicensed driver, whether knowingly or unintentionally, it may be impounded for ____ days
Answer: 30
==================================================
Question: a signed note allows a driver with a provisional license to drive during restricted hours
Answer: to meet employment requirements, for medical treatment, or for school- authorized activity
==================================================
Question: for an underage driver, a bac of ____ gives authorities the legal right to arrest the individual
Answer: 0.05%
==================================================
Question: a driver with a standard class C drivers license may legally operate
Answer: a house car less than 40 feet in length, a vanpool vehicle designed to transport 10-15 people, three wheeled motorcycle
==================================================
Question: how long will a provisional license be suspended after three or more "at fault" collisions or convictions within a 12- month period in california
Answer: 6 months
==================================================
Question: what is the most common traffic conviction for young CA drivers
Answer: speeding
==================================================
Question: if someone's first dui conviction is for a bac of 0.20% or higher his or her license will be suspended for ____ months
Answer: 10
==================================================
Question: what is the minimum property coverage requirement for an auto insurance policy on a ca vehicle
Answer: $5000
==================================================
Question: penalty for abandoning an animal on a highway
Answer: $1000, 6 months in jail, or both
==================================================
Question: A driver under 21 who has a BAC that is higher than 0 will have their license suspended for Answer: 1 Year ================================================== Question: The fine for littering is ______. You may also be required to ______. Answer: $1000; pick up what you littered ================================================== Question: A minor may have his or her license canceled at any time by Answer: a parent or legal guardian ================================================== Question: If a PAS (alcohol test) of an underage California driver reveals a bac of ___ or higher, the office may require them to take a second test Answer: 0.05% ================================================== Question: Under NOTS, you will lose your license if you earn ___ points in 12 months Answer: 4 ================================================== Question: is illegal for someone age 21 or older to drive with a bac of Answer: 0.08% ================================================== Question: a provisional license allows you to drive Answer: without an accompanying driver ================================================== Question: if a driver loans his or her vehicle to an unlicensed driver, whether knowingly or unintentionally, it may be impounded for ____ days Answer: 30 ================================================== Question: a signed note allows a driver with a provisional license to drive during restricted hours Answer: to meet employment requirements, for medical treatment, or for school- authorized activity ================================================== Question: for an underage driver, a bac of ____ gives authorities the legal right to arrest the individual Answer: 0.05% ================================================== Question: a driver with a standard class C drivers license may legally operate Answer: a house car less than 40 feet in length, a vanpool vehicle designed to transport 10-15 people, three wheeled motorcycle ================================================== Question: how long will a provisional license be suspended after three or more "at fault" collisions or convictions within a 12- month period in california Answer: 6 months ================================================== Question: what is the most common traffic conviction for young CA drivers Answer: speeding ================================================== Question: if someone's first dui conviction is for a bac of 0.20% or higher his or her license will be suspended for ____ months Answer: 10 ================================================== Question: what is the minimum property coverage requirement for an auto insurance policy on a ca vehicle Answer: $5000 ================================================== Question: penalty for abandoning an animal on a highway Answer: $1000, 6 months in jail, or both ==================================================

California Nurse Practice Act Pdf

December 5, 2023 Dwayne Morise

Question: REVIEW
Answer: CA NPA Document: http://www.rn.ca.gov/pdfs/regulations/npr-i-15.pdf
National Council of State Boards of Nursing [NCSBN] Licensure Brochure: https://www.ncsbn.org/Nursing_Licensure.pdf
2014 Survey of CA RNs PPT: http://www.rn.ca.gov/pdfs/forms/survey2014pp.pdf
==================================================
Question: BASIS FOR RN SCOPE AND LICENSURE
Answer: -RN scope and licensure is defined by state law
-Each state has a NPA and a method for initial and continuing licensure
-Requirements for licensure and scope vary slightly between states; multiple state licenses = mutual recognition model or endorsement process
==================================================
Question: HISTORY OF NURSING REGULATION
Answer: 1800s - Nightingale schools and publications
1896 - First nurse convention
1903 - North Carolina first state to enact Nurse Practice Act (NPA)
1911- America Nurses Association (ANA) was established
1923 - All others states have NPA
Licensure regulations 1930s-1950s; nursing was narrowly defined
1970s - Advanced practice roles
==================================================
Question: RN LICENSURE & NURSE PRACTICE ACT
Answer: -Boundaries for practice are defined in the NPA of each state; defines how nursing is regulated in that jurisdiction
-Remember that nursing licensure is a privilege and not a right
-Since the mandatory NPA was passed in N. Carolina in 1903, nursing has been legislated, directed, and controlled to some extent
==================================================
Question: NURSE PRACTICE ACT
Answer: -The NPA is a legal instrument; defines functions of nursing and sets standards for licensure
-Grants a nurse the authority to carry out those functions
-Each state has its own NPA, but all must be consistent w/ provisions or statues established at the federal level
==================================================
Question: KNOW YOUR STATE NPA & RESOURCES/SUPPORT TO REVIEW AND INTERPRET

==================================================
Question: BRN & NURSE PRACTICE ACT
Answer: -BRN - contained within the California Business and Professions Code
-CA Code of Regulations - CCR Title 22
Patient Classification Systems/Nurse-Patient Ratios
-CCR Title 16
Standards of competent performance
-Defines nursing practice
-Defines advanced practice and public health nurse roles
http://www.rn.ca.gov/pdfs/regulations/npr-b-53.pdf
==================================================
Question: CA TITLE 22 → PT CLASSIFICATION SYSTEM → ACKNOWLEDGES NURSE WORK INTENSITY!
Answer: -Pt classification system; establish staffing requirements by unit, patient, and shift = predict nursing care requirements
"GRASP" = EB, acuity, workload solutions
(Grasp Reynolds Application and Study of PETO)
-Evaluation amount of nursing care needed for each patient category; validate each unit/shift R/T trends/patterns of nursing care delivery
-Address nursing care needed, R/T patient category, care delivery pattern; annual data, populations, skill mix, staff allocation, or patient care delivery model
==================================================
Question: CA TITLE 22 NURSE-PATIENT RATIOS IN A NUT-SHELL
Answer: -Hospitals to provide staffing by licensed nurses, within scope of licensure in accordance with nurse-to-patient ratios. Licensed nurse = registered nurse, licensed vocational nurse and, in psychiatric units only, a licensed psychiatric technician
-Hospital shall NOT assign a licensed nurse to a nursing unit or clinical area unless hospital determines that nurse has demonstrated current competence in providing care in that area, AND received sufficient orientation to provide competent care
-Licensed nurse-to-patient ratios represent max # of patients assigned to one licensed nurse. "Assigned" means the licensed nurse has responsibility for the provision of care to a particular pt within scope of practice
==================================================
Question: CA TITLE 16 STANDARDS OF COMPETENCE AND PERFORMANCE
Answer: -RN considered to be competent when demonstrates ability to transfer scientific knowledge from social, biological, and physical sciences in applying the nurses process
-Interim permittee (IP) requirements to practice under the direct supervision of an RN
[IP # assigned post-graduation - residency programs know this is pending]
==================================================
Question: THE BRN PROTECTS CITIZENS BY:
Answer: -RN licensing
-Monitoring of RN educational standards
-RN continuing education oversight
-Discipline of RNs
-Regulatory agency → *role is to protect the public (consumer) - under CA dept of consumer affairs
==================================================
Question: BRN
Answer: -Nine Board Members: 4 public, 5 nurses (2 direct care, 1 APRN, 1 administrator, 1 educator)
-Seven appointed by Governor; 2 by legislature
-Serve 4 year terms (not more than 2 terms)
-Set RN educational standards
-Approve CA nursing programs
-Issue and review licenses and certifications
-Investigate complaints and take disciplinary action against nursing license
-Manage diversion program
-Maintain online license verification
==================================================
Question: BRN MISSION STATEMENT
Answer: The Board of Registered Nursing protects the health and safety of consumers by promoting quality registered nursing care in the State of California. Accomplish this through:
-Licensing registered nurses.
-Approving nursing education programs.
-Establishing and upholding competency standards.
-Intervening with discipline and rehabilitation.
-Serving as the final authority in the interpretation and enforcement of the Nursing Practice Act
==================================================
Question: LICENSES IN CALIFORNIA
Answer: BRN oversees RNs licensed in CA including:
-Certified Nurse Anesthetist (CRNA)
-Certified Nurse Midwife (CNM)
-Clinical Nurse Specialist (CNS)
-Nurse Practitioner (NP)
-Public Health Nurse (PHN)
==================================================
Question: INITIAL LICENSURE - RN
Answer: Submit application including live scan
Pay fees - RN, IP
Eligibility letter for testing
Pass National Council Licensure Examination (NCLEX-RN)
May repeat if not passed (45 day provision)
==================================================
Question: INTERIM PERMIT
Answer: -Eligible after graduation
-Not renewable; in effect from 6 months of the date issued or until NCLEX-RN exam resulted, at which time the interim permit is null and void
-Use "I.P." designation
-Practice under direct supervision of RN:
Must be present at all times care is rendered
RN may delegate nursing duties taught in nursing school that the permittee is capable of performing
==================================================
Question: MAINTAINING LICENSURE
Answer: -Renewed after 2 birth years (last day of month following birth date) then every 2 years
-Must complete 30 hours of board approved continuing education (exempt for first renewal and may apply ongoing college nursing units)
-Must submit renewal form and fee (on time)
-Must report any convictions or discipline by regulatory body
-Must report changes in name or address to the BRN within 30 days of change
==================================================
Question: CONTINUING EDUCATION
Answer: -Must be completed with a board approved provider (concurrent enrollment programs [CEP], American Nurses Credentialing Center [ANCC], other BRN providers)
-Must be relevant to practice of nursing
-Enhance knowledge at level above basic nursing licensure requirements
-Cannot repeat corse with similar content in same renewal cycle
-Must maintain proof of completion of CE for at least 4 years - always be prepared for audit
==================================================
Question: ENFORCEMENT PROGRAM
Answer: -Complaint intake:
Pt care
Fraud
Criminal conviction
Sexual misconduct
Mental illness
Substance abuse

-Investigation
-Legal Action
-Probation Monitoring
==================================================
Question: DISCIPLINE/REVOCATION
Answer: Nurse is found to be in violation of the Nursing Practice Act - final decision can be to:
-Revoke or suspend the license
-Accept surrender of the license
-Place the nurse's license on probation
-Cite & fine
==================================================
Question: CA DIVERSION PROGRAM
Answer: Alternative to traditional disciplinary process. Allows for treatment of RNs licensed and living in CA who:
-Are mentally ill or display alcohol or drug abuse to the extent that their nursing practice may be affected
-Voluntarily agree to enter the program and provide consent for appropriate medical or psychiatric evaluations
==================================================
Question: PROGRAM COSTS AND TIME REQUIREMENTS
Answer: -How much does it cost to participate in the BRN's Diversion Program?
Nurses pay $25.00 per month to help defray the cost of the Program when the RN is accepted. In addition, participants must pay for any costs related to their rehabilitation plan; drug testing, treatment, psychiatric or medical evaluations, and nurse support group attendance.
-How long will RN be in the Diversion Program? The average length of time is 2 to 4 years for RNs to successfully complete the program
==================================================
Question: DIVERSION: NURSES WHO ARE INELIGIBLE
Answer: -Previously been disciplined by the Board for chemical dependency or mental illness,
-Been terminated previously from this program or other state's diversion program for non-compliance
-Sold drugs
-Caused patient harm or death.
==================================================
Question: STANDARDS OF RN PRACTICE
Answer: -Nurse Practice Act
-American Nurses Association (ANA) Scope and Standards of Practice
-ANA Code of Ethics
-Professional Specialty Organizations
-Evidence Based Practice Sources
==================================================
Question: USING THE "RN" TITLE
Answer: -No person shall engage in the practice of nursing, as defined in Section 2725, without holding a license which is in an active status
-Every licensee may be known as a registered nurse and may place the letters "R.N." after his or her name
==================================================
Question: RN SCOPE
Answer: Recognizes the existence of overlapping functions between physicians and registered nurses
Includes but is not limited to:
-Assessment and interpretation of clinical findings
-Disease prevention and restorative measures
-Administration of medications (with valid order)
-Skin tests, immunizations
-Withdrawal of blood
-Implementation of standardized procedures
==================================================
Question: STANDARDIZED PROCEDURES
Answer: Used when nurses are expected to perform duties that are not common within the standards of practice for nursing (usually medical practice).(e.g. conscious sedation, intubations)
==================================================
Question: STANDARDIZED PROCEDURES DEFINED
Answer: -Developed by organized health system
-Must be in writing, signed, and dated
-Must clearly state specific functions to be performed
-Clearly state requirements to be followed
-Specify experience, education, or training required
-Describe initial and ongoing competency validation process
-Maintain written record of those authorized to perform
-Specify scope of supervision required and immediate reporting/communication requirements
-State limitations on settings
-Provide for periodic review
==================================================
Question: PROFESSIONAL ORGANIZATIONS - RESOURCES TO SUPPORT STANDARDIZED PROCEDURES
Answer: -American Nurses Association Scope and Standards of Practice
-Specialty professional organizations also have scope and standards of care
-Offer position statements on complex or high risk issues
-Provide resources and continuing education
==================================================
Question: DELIGATING TO UAP
Answer: Potential Risks:
-Liability for negligence
-Issues for task delegation - Job description, knowledge base, demonstrated skills
-Responsibility for pt outcomes

COST - UAP can free professional nurses from tasks and assignments that can be completed by less well-trained personnel at a lower cost
Increases the scope of liability for the RN
RN may be liable if they were negligent in the supervision of those employees at the time they committed the negligent acts. Liability based on a supervisor's failure to determine which patient needs could safely be assigned to a subordinate or for failing to closely monitor a subordinate who requires such supervision.

In assigning tasks to UAP, then the RN must be aware of the UAP job description, knowledge base, and demonstrated skills of each person.

UAP training is not federally monitored through standards and community standards are also not established.

What are the job descriptions for UAPs in the area you are doing your clinical precepting, did you observe the role of your preceptor nurse in terms of delegation.
IDEAL: UAPs may complete tasks, measure VS, I & O and other indicators, but RN who analyzes the data for comprehensive assessment ND and the plan of care. RN is responsible for pt assessment, diagnosis, care planning and evaluation. UAP may perform simple nursing interventions related to hygiene, nutrition, elimination or activity but the RN remains responsible for patient outcomes. Not independent thinking tasks.
==================================================
Question: DELEGATION
Answer: RNs must know limit of scope for health care partners
May not delegate to UAP (or supervise) the following:
-Administration of medication
-Venipuncture or intravenous therapy
-Parenteral or tube feedings
-Invasive procedures including inserting nasogastric tubes, inserting catheters, or tracheal suctioning
-Assessment of patient condition
-Educating patients and their families concerning the patient's health care problems, including post-discharge care
==================================================
Question: SUPERVISION
Answer: The Board of Registered Nursing may discipline RNs working in a supervisory capacity for authorizing untrained persons or LVNs to perform tasks which they (the RN) knew or should have known lacked the competency to safely perform.
==================================================
Question: RN PRACTICE SCOPE
Answer: -Record medical Hx and symptoms
-Administer medications and treatments
-Set up/revise POC
-Assess patients and record
-Consult w/MDs, & other HC professionals
-Operate/monitor medical equipment
-Help perform diagnostic tests and analyze results
-Teach patients/families DZ mgmt.
-DC Teaching
==================================================
Question: LVN PRACTICE SCOPE
Answer: -Monitor patients' health; VS
-Administer non-IV medications
-Administer basic nursing care; Drsg. Changes & catheter insertions-GU or IV
-Provide basic comfort; ADLs
-Discuss health care w/patients, listen to concerns
-Report patients' status to RNs/MDs
-Keep records on patients' health
-Experienced LVNs oversee and direct other LVNs & UAPs
==================================================
Question: ABANDONMENT
Answer: What is a patient abandonment?
Know your Capabilities!
http://www.rn.ca.gov/pdfs/regulations/npr-b-01.pdf
==================================================
Question: ABANDONMENT DEFINED BY CA BRN
Answer: -Having first accepted the patient assignment, thus establishing a nurse-patient relationship, and then
-Severed that nurse-patient relationship without giving reasonable notice to the appropriate person (e.g., supervisor)

RNs must exercise critical judgment regarding ability if fatigued to provide safe patient care when declining or accepting requests to work overtime; Refusal to work additional hours or shifts would not be considered patient abandonment by the BRN. (BRN has no jurisdiction over employment and contract issues)
==================================================
Question: MANDATORY REPORTING
Answer: California registered nurses have multiple reporting requirements for known or suspected abuse and/or neglect including:
-Certain injuries - violence, physical abuse
-Child abuse and neglect
-Elder or dependent adult abuse/neglect

Requirements
http://www.rn.ca.gov/pdfs/regulations/npr-i-23.pdf
==================================================
Question: COMPETENCY CASE SCENARIO
Answer: You are working on a medical surgical floor and the physician writes orders to administer midazolam (Versed) and fentanyl as sedation for a bedside biopsy procedure.

Should you administer these medications?

What should I do?
-Resource RN, Lead → Supervisor,
-Agency policy and procedures
-BRN position statements
http://www.rn.ca.gov/pdfs/regulations/npr-b-06.pdf
-Professional organization position statements
https://www.ena.org/SiteCollectionDocuments/Position%20Statements/Archived/Procedural_Sedation_Consensus_Statement.pdf
==================================================
Question: ADVANCED PRACTICE NURSES (APNs)
Answer: Clinical Nurse Specialist
Nurse Practitioner
Certified Nurse Midwife
Certified Nurse Anesthetist

Must have stricter professional liability insurance due to their specialties = risk
==================================================
Question: REVIEW Answer: CA NPA Document: http://www.rn.ca.gov/pdfs/regulations/npr-i-15.pdf National Council of State Boards of Nursing [NCSBN] Lice”Question: REVIEW Answer: CA NPA Document: http://www.rn.ca.gov/pdfs/regulations/npr-i-15.pdf National Council of State Boards of Nursing [NCSBN] Licensure Brochure: https://www.ncsbn.org/Nursing_Licensure.pdf 2014 Survey of CA RNs PPT: http://www.rn.ca.gov/pdfs/forms/survey2014pp.pdf ================================================== Question: BASIS FOR RN SCOPE AND LICENSURE Answer: -RN scope and licensure is defined by state law -Each state has a NPA and a method for initial and continuing licensure -Requirements for licensure and scope vary slightly between states; multiple state licenses = mutual recognition model or endorsement process ================================================== Question: HISTORY OF NURSING REGULATION Answer: 1800s - Nightingale schools and publications 1896 - First nurse convention 1903 - North Carolina first state to enact Nurse Practice Act (NPA) 1911- America Nurses Association (ANA) was established 1923 - All others states have NPA Licensure regulations 1930s-1950s; nursing was narrowly defined 1970s - Advanced practice roles ================================================== Question: RN LICENSURE & NURSE PRACTICE ACT Answer: -Boundaries for practice are defined in the NPA of each state; defines how nursing is regulated in that jurisdiction -Remember that nursing licensure is a privilege and not a right -Since the mandatory NPA was passed in N. Carolina in 1903, nursing has been legislated, directed, and controlled to some extent ================================================== Question: NURSE PRACTICE ACT Answer: -The NPA is a legal instrument; defines functions of nursing and sets standards for licensure -Grants a nurse the authority to carry out those functions -Each state has its own NPA, but all must be consistent w/ provisions or statues established at the federal level ================================================== Question: KNOW YOUR STATE NPA & RESOURCES/SUPPORT TO REVIEW AND INTERPRET Answer: "NURSES WHO ARE AWARE OF THEIR RIGHTS AND DUTIES IN LEGAL MATTERS ARE BETTER ABLE TO PROTECT THEMSELVES FROM LIABILITY AND LOSS OF LICENSURE." ================================================== Question: BRN & NURSE PRACTICE ACT Answer: -BRN - contained within the California Business and Professions Code -CA Code of Regulations - CCR Title 22 Patient Classification Systems/Nurse-Patient Ratios -CCR Title 16 Standards of competent performance -Defines nursing practice -Defines advanced practice and public health nurse roles http://www.rn.ca.gov/pdfs/regulations/npr-b-53.pdf ================================================== Question: CA TITLE 22 → PT CLASSIFICATION SYSTEM → ACKNOWLEDGES NURSE WORK INTENSITY! Answer: -Pt classification system; establish staffing requirements by unit, patient, and shift = predict nursing care requirements "GRASP" = EB, acuity, workload solutions (Grasp Reynolds Application and Study of PETO) -Evaluation amount of nursing care needed for each patient category; validate each unit/shift R/T trends/patterns of nursing care delivery -Address nursing care needed, R/T patient category, care delivery pattern; annual data, populations, skill mix, staff allocation, or patient care delivery model ================================================== Question: CA TITLE 22 NURSE-PATIENT RATIOS IN A NUT-SHELL Answer: -Hospitals to provide staffing by licensed nurses, within scope of licensure in accordance with nurse-to-patient ratios. Licensed nurse = registered nurse, licensed vocational nurse and, in psychiatric units only, a licensed psychiatric technician -Hospital shall NOT assign a licensed nurse to a nursing unit or clinical area unless hospital determines that nurse has demonstrated current competence in providing care in that area, AND received sufficient orientation to provide competent care -Licensed nurse-to-patient ratios represent max # of patients assigned to one licensed nurse. "Assigned" means the licensed nurse has responsibility for the provision of care to a particular pt within scope of practice ================================================== Question: CA TITLE 16 STANDARDS OF COMPETENCE AND PERFORMANCE Answer: -RN considered to be competent when demonstrates ability to transfer scientific knowledge from social, biological, and physical sciences in applying the nurses process -Interim permittee (IP) requirements to practice under the direct supervision of an RN [IP # assigned post-graduation - residency programs know this is pending] ================================================== Question: THE BRN PROTECTS CITIZENS BY: Answer: -RN licensing -Monitoring of RN educational standards -RN continuing education oversight -Discipline of RNs -Regulatory agency → *role is to protect the public (consumer) - under CA dept of consumer affairs ================================================== Question: BRN Answer: -Nine Board Members: 4 public, 5 nurses (2 direct care, 1 APRN, 1 administrator, 1 educator) -Seven appointed by Governor; 2 by legislature -Serve 4 year terms (not more than 2 terms) -Set RN educational standards -Approve CA nursing programs -Issue and review licenses and certifications -Investigate complaints and take disciplinary action against nursing license -Manage diversion program -Maintain online license verification ================================================== Question: BRN MISSION STATEMENT Answer: The Board of Registered Nursing protects the health and safety of consumers by promoting quality registered nursing care in the State of California. Accomplish this through: -Licensing registered nurses. -Approving nursing education programs. -Establishing and upholding competency standards. -Intervening with discipline and rehabilitation. -Serving as the final authority in the interpretation and enforcement of the Nursing Practice Act ================================================== Question: LICENSES IN CALIFORNIA Answer: BRN oversees RNs licensed in CA including: -Certified Nurse Anesthetist (CRNA) -Certified Nurse Midwife (CNM) -Clinical Nurse Specialist (CNS) -Nurse Practitioner (NP) -Public Health Nurse (PHN) ================================================== Question: INITIAL LICENSURE - RN Answer: Submit application including live scan Pay fees - RN, IP Eligibility letter for testing Pass National Council Licensure Examination (NCLEX-RN) May repeat if not passed (45 day provision) ================================================== Question: INTERIM PERMIT Answer: -Eligible after graduation -Not renewable; in effect from 6 months of the date issued or until NCLEX-RN exam resulted, at which time the interim permit is null and void -Use "I.P." designation -Practice under direct supervision of RN: Must be present at all times care is rendered RN may delegate nursing duties taught in nursing school that the permittee is capable of performing ================================================== Question: MAINTAINING LICENSURE Answer: -Renewed after 2 birth years (last day of month following birth date) then every 2 years -Must complete 30 hours of board approved continuing education (exempt for first renewal and may apply ongoing college nursing units) -Must submit renewal form and fee (on time) -Must report any convictions or discipline by regulatory body -Must report changes in name or address to the BRN within 30 days of change ================================================== Question: CONTINUING EDUCATION Answer: -Must be completed with a board approved provider (concurrent enrollment programs [CEP], American Nurses Credentialing Center [ANCC], other BRN providers) -Must be relevant to practice of nursing -Enhance knowledge at level above basic nursing licensure requirements -Cannot repeat corse with similar content in same renewal cycle -Must maintain proof of completion of CE for at least 4 years - always be prepared for audit ================================================== Question: ENFORCEMENT PROGRAM Answer: -Complaint intake: Pt care Fraud Criminal conviction Sexual misconduct Mental illness Substance abuse -Investigation -Legal Action -Probation Monitoring ================================================== Question: DISCIPLINE/REVOCATION Answer: Nurse is found to be in violation of the Nursing Practice Act - final decision can be to: -Revoke or suspend the license -Accept surrender of the license -Place the nurse's license on probation -Cite & fine ================================================== Question: CA DIVERSION PROGRAM Answer: Alternative to traditional disciplinary process. Allows for treatment of RNs licensed and living in CA who: -Are mentally ill or display alcohol or drug abuse to the extent that their nursing practice may be affected -Voluntarily agree to enter the program and provide consent for appropriate medical or psychiatric evaluations ================================================== Question: PROGRAM COSTS AND TIME REQUIREMENTS Answer: -How much does it cost to participate in the BRN's Diversion Program? Nurses pay $25.00 per month to help defray the cost of the Program when the RN is accepted. In addition, participants must pay for any costs related to their rehabilitation plan; drug testing, treatment, psychiatric or medical evaluations, and nurse support group attendance. -How long will RN be in the Diversion Program? The average length of time is 2 to 4 years for RNs to successfully complete the program ================================================== Question: DIVERSION: NURSES WHO ARE INELIGIBLE Answer: -Previously been disciplined by the Board for chemical dependency or mental illness, -Been terminated previously from this program or other state's diversion program for non-compliance -Sold drugs -Caused patient harm or death. ================================================== Question: STANDARDS OF RN PRACTICE Answer: -Nurse Practice Act -American Nurses Association (ANA) Scope and Standards of Practice -ANA Code of Ethics -Professional Specialty Organizations -Evidence Based Practice Sources ================================================== Question: USING THE "RN" TITLE Answer: -No person shall engage in the practice of nursing, as defined in Section 2725, without holding a license which is in an active status -Every licensee may be known as a registered nurse and may place the letters "R.N." after his or her name ================================================== Question: RN SCOPE Answer: Recognizes the existence of overlapping functions between physicians and registered nurses Includes but is not limited to: -Assessment and interpretation of clinical findings -Disease prevention and restorative measures -Administration of medications (with valid order) -Skin tests, immunizations -Withdrawal of blood -Implementation of standardized procedures ================================================== Question: STANDARDIZED PROCEDURES Answer: Used when nurses are expected to perform duties that are not common within the standards of practice for nursing (usually medical practice).(e.g. conscious sedation, intubations) ================================================== Question: STANDARDIZED PROCEDURES DEFINED Answer: -Developed by organized health system -Must be in writing, signed, and dated -Must clearly state specific functions to be performed -Clearly state requirements to be followed -Specify experience, education, or training required -Describe initial and ongoing competency validation process -Maintain written record of those authorized to perform -Specify scope of supervision required and immediate reporting/communication requirements -State limitations on settings -Provide for periodic review ================================================== Question: PROFESSIONAL ORGANIZATIONS - RESOURCES TO SUPPORT STANDARDIZED PROCEDURES Answer: -American Nurses Association Scope and Standards of Practice -Specialty professional organizations also have scope and standards of care -Offer position statements on complex or high risk issues -Provide resources and continuing education ================================================== Question: DELIGATING TO UAP Answer: Potential Risks: -Liability for negligence -Issues for task delegation - Job description, knowledge base, demonstrated skills -Responsibility for pt outcomes COST - UAP can free professional nurses from tasks and assignments that can be completed by less well-trained personnel at a lower cost Increases the scope of liability for the RN RN may be liable if they were negligent in the supervision of those employees at the time they committed the negligent acts. Liability based on a supervisor's failure to determine which patient needs could safely be assigned to a subordinate or for failing to closely monitor a subordinate who requires such supervision. In assigning tasks to UAP, then the RN must be aware of the UAP job description, knowledge base, and demonstrated skills of each person. UAP training is not federally monitored through standards and community standards are also not established. What are the job descriptions for UAPs in the area you are doing your clinical precepting, did you observe the role of your preceptor nurse in terms of delegation. IDEAL: UAPs may complete tasks, measure VS, I & O and other indicators, but RN who analyzes the data for comprehensive assessment ND and the plan of care. RN is responsible for pt assessment, diagnosis, care planning and evaluation. UAP may perform simple nursing interventions related to hygiene, nutrition, elimination or activity but the RN remains responsible for patient outcomes. Not independent thinking tasks. ================================================== Question: DELEGATION Answer: RNs must know limit of scope for health care partners May not delegate to UAP (or supervise) the following: -Administration of medication -Venipuncture or intravenous therapy -Parenteral or tube feedings -Invasive procedures including inserting nasogastric tubes, inserting catheters, or tracheal suctioning -Assessment of patient condition -Educating patients and their families concerning the patient's health care problems, including post-discharge care ================================================== Question: SUPERVISION Answer: The Board of Registered Nursing may discipline RNs working in a supervisory capacity for authorizing untrained persons or LVNs to perform tasks which they (the RN) knew or should have known lacked the competency to safely perform. ================================================== Question: RN PRACTICE SCOPE Answer: -Record medical Hx and symptoms -Administer medications and treatments -Set up/revise POC -Assess patients and record -Consult w/MDs, & other HC professionals -Operate/monitor medical equipment -Help perform diagnostic tests and analyze results -Teach patients/families DZ mgmt. -DC Teaching ================================================== Question: LVN PRACTICE SCOPE Answer: -Monitor patients' health; VS -Administer non-IV medications -Administer basic nursing care; Drsg. Changes & catheter insertions-GU or IV -Provide basic comfort; ADLs -Discuss health care w/patients, listen to concerns -Report patients' status to RNs/MDs -Keep records on patients' health -Experienced LVNs oversee and direct other LVNs & UAPs ================================================== Question: ABANDONMENT Answer: What is a patient abandonment? Know your Capabilities! http://www.rn.ca.gov/pdfs/regulations/npr-b-01.pdf ================================================== Question: ABANDONMENT DEFINED BY CA BRN Answer: -Having first accepted the patient assignment, thus establishing a nurse-patient relationship, and then -Severed that nurse-patient relationship without giving reasonable notice to the appropriate person (e.g., supervisor) RNs must exercise critical judgment regarding ability if fatigued to provide safe patient care when declining or accepting requests to work overtime; Refusal to work additional hours or shifts would not be considered patient abandonment by the BRN. (BRN has no jurisdiction over employment and contract issues) ================================================== Question: MANDATORY REPORTING Answer: California registered nurses have multiple reporting requirements for known or suspected abuse and/or neglect including: -Certain injuries - violence, physical abuse -Child abuse and neglect -Elder or dependent adult abuse/neglect Requirements http://www.rn.ca.gov/pdfs/regulations/npr-i-23.pdf ================================================== Question: COMPETENCY CASE SCENARIO Answer: You are working on a medical surgical floor and the physician writes orders to administer midazolam (Versed) and fentanyl as sedation for a bedside biopsy procedure. Should you administer these medications? What should I do? -Resource RN, Lead → Supervisor, -Agency policy and procedures -BRN position statements http://www.rn.ca.gov/pdfs/regulations/npr-b-06.pdf -Professional organization position statements https://www.ena.org/SiteCollectionDocuments/Position%20Statements/Archived/Procedural_Sedation_Consensus_Statement.pdf ================================================== Question: ADVANCED PRACTICE NURSES (APNs) Answer: Clinical Nurse Specialist Nurse Practitioner Certified Nurse Midwife Certified Nurse Anesthetist Must have stricter professional liability insurance due to their specialties = risk ==================================================

California Notary Exam 2022

December 5, 2023 Dwayne Morise

Question: The notary bond must be obtained by a?
Answer: California Admitted Surety Insurer
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Question: A venue is legally required to appear on every notarial certificate. It is important because it indicates to the receiving agency the following?
Answer: The state and county where the motorizations takes place.
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Question: A commissioned notary public advertises their notary services and includes the phrase "notorio publico". What is the penalty for this violation?
Answer: 1500
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Question: A commissioned notary public has their commissioned suspended for becoming behind on child support, yet they continue to advertise their notary services online. What is the maximum penalty for this violation
Answer: 1500
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Question: A notary who willfully kept two journals and notarized at work in one journal and outside work in the other would be guilty of a (________)?
Answer: Misdemeanor
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Question: A notary public charges 15$ for an acknowledgement. What does the notary do with the fees collected?
Answer: Keep all fees.
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Question: Must a notary applicant disclose in their application a conviction that was later dismissed?
Answer: Yes
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Question: A commissioned notary public embezzled funds from their employer, thereby committing a willful act involving dishonesty and deceit. What is the maximum penalty for this violation?
Answer: 1500
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Question: Why are two credible witnesses used instead of one?
Answer: The document signer does not personally know anyone who personally knows a notary.
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Question: Which of these statements is not true for a notary who practices law without a license?
Answer: They can use this experience to apply for the California bar.
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Question: A notary stamps their official seal on a friends birthday card. What is the maximum fine they can be charged for this violation?
Answer: 750$
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Question: When completing the Notary Public application in the section about other names used, Jane omitted her maiden name because she never uses it any more. She received her Notary Commission and has taken her oath. She has even done several notarizations. When the Secretary of State discovers the omitted information what will the consequence be?
Answer: Revocation of the commission
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Question: A commissioned notary public completing a jurat doesn't administer an oat to an affiant. What is the maximum penalty for this violation?
Answer: 750
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Question: Josh Garcia is in the military and transferred to California. He is immediately asked to become a Notary for the base. What can prevent him from becoming a notary?
Answer: Failure to pass the notary exam.
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Question: If there is no room to place a Notary seal directly on the document, a notary must?
Answer: Affix the seal on a loose certificate
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Question: Which one does not need a thumbprint.?
Answer: Deed of Reconveyance
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Question: Jim is a paralegal and works at the law offices of Smith and Smith. His employers ask him to become a notary public and pays for his education, supplies, and filing fees. Jim agrees and becomes a commissioned notary public. His employer has him sign an agreement that says he will not charge any fees to the law office for notarial services and will remit any fees from the clients to the law office. Jims sister asks him to come over to acknowledge an inter spousal transfer deed she signed.
Answer: Jim may notarize the document and keep the fees
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Question: Wayne receives his commission while he is away on a business trip in South America. Upon his return, he finds his commission from the Secretary of State and sees that he missed the deadline to file his oath and bond. What should Wayne do?
Answer: Wayne must get live scanned again, pay 20$ to the secretary of states office for a new commission with a new start date.
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Question: A notary public is guilty of a (____) if the notary public willfully fails to properly maintain the notary public's journal. Fill in the blank.
Answer: Misdemeanor
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Question: At the end of a four year notary commission sion what should be done with the official notary seal, if the notary plan so renewing?
Answer: Destroy the seal
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Question: If a notary identifies a signer through proper ID but forgets to put the information in her journal, she would be fined for?
Answer: 750
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Question: How many days do you have to file your commission ?
Answer: 30 days from the commission start date
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Question: A commissioned notary gets tired of writing so much in their Official Notary Public Journal and begins to stop writing all the required information, they will be charged with?
Answer: Failure to discharge the duties or responsibility's of a notary public
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Question: What is the maximum fine for willfully failing to discharge fully and faithfully the duties and responsibilities of a notary public.
Answer: 1500
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Question: Which of these is not a reason a California Notary public could have their commission revoked?
Answer: Willful failure to notify the California Secretary of State of a name change.
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Question: The 3 types of satisfactory evidence are
Answer: Two credible witnesses, one credible witness, identifying documents
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Question: A notary public who knowingly and willfully with intent to defraud performs any notarial act in relation to a deed or trust on real property consisting of a single family residence containing not more than for dwelling units, with knowledge that the deed of trust contains any false statements or is forged in whole or in part is guilty of a (_______). Fill in the bank.
Answer: A felony
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Question: A proof of execution by subscribing witness may be used for which one of these documents.
Answer: Trustees deed
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Question: A notary public charged a total of 45$ for a notarization, 15$ for an acknowledgement and 30$ for a travel fee. However the notary public did not travel. What is the maximum penalty for this violation?
Answer: 750$
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Question: A notary is very good friends with the person acting as a credible witness for a document signer. The notary doesn't feel it is necessary to give their friend an oath during the notarization because they trust them. What is the maximum fine for this infraction?
Answer: 750
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Question: A notary public applicant takes a picture of the official Notary Public exam during their text. What is the maximum penalty for this violation?
Answer: 1500
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Question: A federal or public employee may
Answer: Notarize at their place of employment
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Question: Who is allowed to select the notarial wording ?
Answer: The document signer
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Question: When accepting an ID card from another state, the ID card must have the following.
Answer: A signature, identifying number, physical description and photograph
==================================================
Question: The notary bond must be obtained by a? Answer: California Admitted Surety Insurer ================================================== Question: A venue is legally required to appear on every notarial certificate. It is important because it indicates to the receiving agency the following? Answer: The state and county where the motorizations takes place. ================================================== Question: A commissioned notary public advertises their notary services and includes the phrase "notorio publico". What is the penalty for this violation? Answer: 1500 ================================================== Question: A commissioned notary public has their commissioned suspended for becoming behind on child support, yet they continue to advertise their notary services online. What is the maximum penalty for this violation Answer: 1500 ================================================== Question: A notary who willfully kept two journals and notarized at work in one journal and outside work in the other would be guilty of a (________)? Answer: Misdemeanor ================================================== Question: A notary public charges 15$ for an acknowledgement. What does the notary do with the fees collected? Answer: Keep all fees. ================================================== Question: Must a notary applicant disclose in their application a conviction that was later dismissed? Answer: Yes ================================================== Question: A commissioned notary public embezzled funds from their employer, thereby committing a willful act involving dishonesty and deceit. What is the maximum penalty for this violation? Answer: 1500 ================================================== Question: Why are two credible witnesses used instead of one? Answer: The document signer does not personally know anyone who personally knows a notary. ================================================== Question: Which of these statements is not true for a notary who practices law without a license? Answer: They can use this experience to apply for the California bar. ================================================== Question: A notary stamps their official seal on a friends birthday card. What is the maximum fine they can be charged for this violation? Answer: 750$ ================================================== Question: When completing the Notary Public application in the section about other names used, Jane omitted her maiden name because she never uses it any more. She received her Notary Commission and has taken her oath. She has even done several notarizations. When the Secretary of State discovers the omitted information what will the consequence be? Answer: Revocation of the commission ================================================== Question: A commissioned notary public completing a jurat doesn't administer an oat to an affiant. What is the maximum penalty for this violation? Answer: 750 ================================================== Question: Josh Garcia is in the military and transferred to California. He is immediately asked to become a Notary for the base. What can prevent him from becoming a notary? Answer: Failure to pass the notary exam. ================================================== Question: If there is no room to place a Notary seal directly on the document, a notary must? Answer: Affix the seal on a loose certificate ================================================== Question: Which one does not need a thumbprint.? Answer: Deed of Reconveyance ================================================== Question: Jim is a paralegal and works at the law offices of Smith and Smith. His employers ask him to become a notary public and pays for his education, supplies, and filing fees. Jim agrees and becomes a commissioned notary public. His employer has him sign an agreement that says he will not charge any fees to the law office for notarial services and will remit any fees from the clients to the law office. Jims sister asks him to come over to acknowledge an inter spousal transfer deed she signed. Answer: Jim may notarize the document and keep the fees ================================================== Question: Wayne receives his commission while he is away on a business trip in South America. Upon his return, he finds his commission from the Secretary of State and sees that he missed the deadline to file his oath and bond. What should Wayne do? Answer: Wayne must get live scanned again, pay 20$ to the secretary of states office for a new commission with a new start date. ================================================== Question: A notary public is guilty of a (____) if the notary public willfully fails to properly maintain the notary public's journal. Fill in the blank. Answer: Misdemeanor ================================================== Question: At the end of a four year notary commission sion what should be done with the official notary seal, if the notary plan so renewing? Answer: Destroy the seal ================================================== Question: If a notary identifies a signer through proper ID but forgets to put the information in her journal, she would be fined for? Answer: 750 ================================================== Question: How many days do you have to file your commission ? Answer: 30 days from the commission start date ================================================== Question: A commissioned notary gets tired of writing so much in their Official Notary Public Journal and begins to stop writing all the required information, they will be charged with? Answer: Failure to discharge the duties or responsibility's of a notary public ================================================== Question: What is the maximum fine for willfully failing to discharge fully and faithfully the duties and responsibilities of a notary public. Answer: 1500 ================================================== Question: Which of these is not a reason a California Notary public could have their commission revoked? Answer: Willful failure to notify the California Secretary of State of a name change. ================================================== Question: The 3 types of satisfactory evidence are Answer: Two credible witnesses, one credible witness, identifying documents ================================================== Question: A notary public who knowingly and willfully with intent to defraud performs any notarial act in relation to a deed or trust on real property consisting of a single family residence containing not more than for dwelling units, with knowledge that the deed of trust contains any false statements or is forged in whole or in part is guilty of a (_______). Fill in the bank. Answer: A felony ================================================== Question: A proof of execution by subscribing witness may be used for which one of these documents. Answer: Trustees deed ================================================== Question: A notary public charged a total of 45$ for a notarization, 15$ for an acknowledgement and 30$ for a travel fee. However the notary public did not travel. What is the maximum penalty for this violation? Answer: 750$ ================================================== Question: A notary is very good friends with the person acting as a credible witness for a document signer. The notary doesn't feel it is necessary to give their friend an oath during the notarization because they trust them. What is the maximum fine for this infraction? Answer: 750 ================================================== Question: A notary public applicant takes a picture of the official Notary Public exam during their text. What is the maximum penalty for this violation? Answer: 1500 ================================================== Question: A federal or public employee may Answer: Notarize at their place of employment ================================================== Question: Who is allowed to select the notarial wording ? Answer: The document signer ================================================== Question: When accepting an ID card from another state, the ID card must have the following. Answer: A signature, identifying number, physical description and photograph ==================================================

California Lpcc Law And Ethics Exam Prep

December 5, 2023 Dwayne Morise

Question: What is accurate regarding legal requirements for a PCC registered intern's advertisements for his or her professional services?
Answer: The ad must include the intern's full name as registered with the BBS, their registration number, the words "professional clinical counselor registered intern" or "PCC registered intern", and the name of their employer or the entity for which they volunteer.

"PCCI" can only be used when the title professional clinical counselor registered intern is also used.

California Code of Regulations (CCR) Section 1811
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Question: When it's determined that a person is gravely disabled as the result of a mental disorder, he or she may be initially held in a locked facility for _____ hours followed by an additional period of up to ______ days if it is determined that he or she is still gravely disabled.
Answer: 72; 14
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Question: What are the consequences when a counselor has failed to report an incident of child abuse?
Answer: up to 6 months confinement in a county jail; a fine of $1,000; may have license revoked
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Question: Your 73 yr old client lives with her daughter and son-in-law. During one session, she reveals that their oldest son (her grandson) is stealing money from her bank account. You should:
Answer: call adult protective services or a local law enforcement agency immediately and follow up with a written report within 2 working days.
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Question: When a client asks for a summary of his or her record (rather than a copy of the entire record), a psychotherapist must provide the summary within _____ working days after receipt of the client's written request unless the record is of "extraordinary length" or treatment of the client was terminated within the last ten days.
Answer: 10
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Question: The requirements of the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA):
Answer: take precedence over state laws when the state law provides less privacy protection
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Question: Suzanne receives a request from a former client's current therapist for copies of certain information from the client's file. The client has not paid for his last 3 therapy sessions despite several requests from Suzanne to do so. Suzanne:
Answer: is prohibited from withholding the client's records because of the outstanding fees.
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Question: A counselor's new client has an anxiety disorder and is taking medication provided by a physician. After the first session, the counselor wants more information about the client's medication and how it may affect counseling. To be consistent with the requirements of HIPAA's Privacy Rule:
Answer: the counselor may contact the physician without authorization from the client as long as the client has received a Notice of Privacy Practices.
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Question: Your client is a 72 yo female who is in the early stages of Alzheimer's disease. She claims that her husband is abusing her. However, you have interviewed all of her family members and they claim there is no abuse occurring, and a medical doctor has evaluated her and has found no evidence of abuse. Consequently you do not believe that your client has been abused.
Answer: You are not required to file a report
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Question: A client asks Dr. Ken for a copy of her therapy record. Dr. Ken may provide the client with a summary of the record (rather than the complete record) if:
Answer: the client requested a summary and the request from the client is in writing
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Question: A friend of yours asks if you would provide him with counseling to help him deal with the recent death of his mother.
Answer: You should not accept your friend as a client and should refer him to another professional
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Question: Your client is moving to another city in California and wants to continue counseling with you via the Internet. You are legally and ethically:
Answer: required to provide the client with information about the possible limitations of this type of counseling
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Question: A 9 yo girl is brought to counseling by her mother, who reports that the girl's behavior has recently changed both at home and at school. On questioning the girl, you learn that she has been sexually abused by the brother of her best friend. What is the most appropriate course of action in this situation?
Answer: Inform the mother of your duty to report, make a report to the authorities, and refer the girl for a medical evaluation
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Question: A counselor receives a request for the clinical records of a client who committed suicide three years ago. The request comes from the client's wife, who has just discovered that her husband was in counseling just before he killed himself. The counselor should:
Answer: explain to the wife that her husband's confidentiality must be protected even after his death.
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Question: You are working at a university counseling center and are conducting research that you plan to present at a counseling association meeting. You learn that a colleague at the clinic is using the list of students who are participating in your study to solicit clients for his private practice. You should do which of the following?
Answer: Talk to your colleague directly and try to resolve the issue informally
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Question: You have seen a client for the 6 sessions that were authorized by her HMO, and have referred the client to another therapist for long-term therapy. Before the client has a chance to see the new therapist, a crisis arises and she calls you for help. The most appropriate way to manage this situation is to:
Answer: schedule an appointment to see the client until the crisis has abated
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Question: A client in need of crisis treatment is short on funds and asks you to waive his insurance copayment. He suggests that you bill his insurance company at a higher hourly rate so that the insurance reimbursement will cover your full fee. If you do this, you will be acting:
Answer: illegally and unethically
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Question: As defined in California Welfare and Institutions Code Section 5250, at the expiration of an initial 72 hr hold, an additional 14 day hold may be considered for individuals who are:
Answer: a danger to themselves, a danger to others, or gravely disabled.
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Question: Which of the following individuals meets the criteria for a "grave disability" as defined in California law?
Answer: a 37 yo woman who lives alone, has a severe bipolar disorder, and refuses to eat because she believes she doesn't need to in order to survive
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Question: Jennifer Lewis, a licensed counselor, regularly waives the co-payment for her low-income clients who are covered by insurance. She believes this is acceptable since she normally bills her clients using a sliding fee scale. In this situation, waiving the co-payment is:
Answer: ethical only if the insurance company is aware of the arrangement
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Question: You receive a subpoena duces tecum requiring you to testify about a current counseling client at a trial and to bring specific documents from the client's file. You contact the client who states that he does not want you to testify or release his records. You should:
Answer: contact the attorney who issued the subpoena to request that you be released from it
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Question: If an individual is a registered sex offender, he or she is:
Answer: not eligible for licensure.
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Question: Which of the following is not permitted for clinical counselor trainees, interns, and applicants?
Answer: being paid by their clients
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Question: You are working in individual counseling with a 9 yr old girl who tells you that a neighbor, a 17 yr old boy, often asks her to lift up her dress. When she complies, he stares at her and laughs but, she says, has never touched her. The girl seems very embarrassed when she discloses this activity but then quickly says she doesn't see anything wrong with it. She also says she doesn't know how to make the boy stop because "he's big and strong." What should you do with this information?
Answer: Report child abuse to a designated agency
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Question: What is required for a valid claim of malpractice?
Answer: The therapist may or may not have had malevolent intentions, but there must be a causal connection between the therapist's actions and the harm suffered by the client.
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Question: Which of the following situations MOST clearly represents an unethical dual relationship?
Answer: A counselor's client is her husband's secretary
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Question: Your client calls you because he is worried that his wife is going to hurt someone. She just had her insurance claim rejected and she is threatening to shoot her agent. Your client believes that this is a serious threat. Which of the following is true?
Answer: You are not required to contact her insurance agent or a law enforcement agency
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Question: A client tells you that another therapist he was seeing a few months ago made sexual advances toward him during the course of therapy. What should you do?
Answer: Inform the client of his alternatives in this circumstance
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Question: Your client tells you that she works the late shift at a local restaurant. She is gone from her house for four hours five nights a week. She tells you that she leaves her 6 yo daughter at home alone during that time. She says that she thinks it is safe because she doesn't leave until the child is asleep and she has practiced with the child how to call her is she has an emergency or wakes up. What should you do?
Answer: Report to CPS and then work with this woman to understand the dangers inherent in her behavior
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Question: Your new client has been diagnosed with DID, which apparently stems from years of child abuse. You have no training in treating clients with this disorder. You should:
Answer: refer her to another mental health provider who is qualified to treat your client for this disorder
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Question: Administering which of the following types of tests is considered to be within an LPCC's scope of practice?
Answer: aptitude tests and achievement tests

NOT included: assessing personality, individually administered intelligence tests, neuropsychological testing, or a battery of 3+ tests to determine presence of [psychosis, dementia, amnesia, cognitive impairment, or criminal bx]
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Question: When an LPCC learned that a client has been physically abused and the client lives in a long-term care facility that is not a state mental hospital or state developmental center, the LPCC must make a telephone report:
Answer: immediately (but no later than 2 hrs) and a written report within 2 hrs if the abuse resulted in serious bodily injury
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Question: As required by law, informed consent for telehealth:
Answer: may be verbal or written and must be documented
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Question: You receive a call from an emergency room physician who is treating your client. The client has given her consent for the physician to access her records. However, the client owes you money for 2 months of therapy. Which of the following is true?
Answer: You may not withhold the records.
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Question: When faxing protected health information, the document to be faxed should include a cover sheet that contains which of the following?
Answer: a confidentiality statement that indicated the information should be used only for the requested of intended purposes and instructions on what the recipient should do if the fax was inadvertently sent to the wrong number
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Question: The primary element in determining vicarious liability is:
Answer: the disparity in training and experience

Vicarious liability: a counselor's liability when they are responsible for the services provided to a client by a supervisee or employee. There will be a large discrepancy in the training and experience of the 2 individuals. In this case the counselor has some degree of control over the services provided by the supervisee or em
==================================================
Question: An 84 yo man who you have been working with is taken to the ER. The ER medical technician calls you because she found your card in the patient's pocket. She requests information about your client. What should you do?
Answer: Give the EMT information related to the emergency
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Question: When asked to provide confidential client information in court or at a deposition, you should:
Answer: assert the psychotherapist-patient privilege and provide the information only with authorization from the client or an order from the court
==================================================
Question: A counselor is a member of the army reserve and may be called into active duty at any time. What preparations should the counselor make?
Answer: Arrange for colleagues to provide professional services in her absence
==================================================
Question: A counselor is hired by a company to provide services to employees as part of the company's employee assistance program. The company has traditionally photocopies standardized psychometric tests to save money, and the program director, who is a licensed psychologist, instructs the counselor to continue using the photocopies tests. The counselor believes that photocopying the tests violates copyright laws and, consequently, should:
Answer: talk with the program director to attempt to resolve the company's misuse of the tests
==================================================
Question: Melissa, age 12, tells her counselor that she really needs to talk to someone about how her friends are gossiping about her on Facebook. She says she doesn't want her parents involved because they don't understand how Facebook works and probably would force her to stop using it. She also says that they don't believe in therapy. How should the counselor proceed?
Answer: See her if he believes she's mature enough to consent to her own treatment but continue seeing her without the knowledge of her parents only if he determines that contacting them would be inappropriate.
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Question: You have been working in individual therapy with a 17 yo female. During a session, the client reports that she was rapes a few months ago but refuses to tell you who raped her. The client then abruptly says that, in fact, she was not raped. What would you do?
Answer: Remind the cleint of the limits of confidentiality and file a child abuse report
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Question: You learn that your client is physically abusing her 10 yo son and determine that you need to make a child abuse report. Which of the following is true?
Answer: You are not legally required to notify the client in advance that you are making the report
==================================================
Question: A counselor is a professior at a local college and is sexually involved with a masters student who is in one of his classes
Answer: this is unethical
==================================================
Question: Which of the following accurately describes the requirements of HIPAA's privacy rule with regard to disclosing a client's protected health information?
Answer: Providers are not required to obtain authorization from the client when PHI is being disclosed for the purpose of treatment, payment, or health care operations
==================================================
Question: Your colleague sends you a check for $100 after you referred 2 clients to her in a 1 week period. In this situation you should be aware of what?
Answer: Generally it is illegal and unacceptable to accept payment for referrals
==================================================
Question: Your client is a 16 yo who is currently attending a prep school. He says that he is constantly picked on by everyone who lives in his dorm. He then goes on to tell you that he plans to get a gun and kill as many students as he can in the dorm. You should
Answer: contact the police and a school official
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Question: A mother brings in her 15yo daughter. The presenting issue is that the daughter ran away from home, lied about her age, and got married secretly. When the mother found out, she had the marriage annulled because it wasn't legal. The mother is paying for the sessions and wants to be kept up to date. The counselor should keep in mind that
Answer: the daughter might be a victim of sexual abuse and/or statutory rape
==================================================
Question: Suzanne, age 15, tells her counselor that for at least 2 months she's been stalked by a couple of gang members who follow and harass her when she walks home after school every day and send her scary emails. At first she asked them to stop following her but they just laughed and made threatening gestures so she has been ignoring them as best she can. When the counselor asks if she has told her parents or school authorities she says she doesn't want anyone to know because it will only make things worse. What should the counselor do
Answer: breach confidentiality by contacting the police and/or her parents if it seems to be in ct's best interest
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Question: What is accurate regarding legal requirements for a PCC registered intern's advertisements for his or her professional services? Answer: The ad must include the intern's full name as registered with the BBS, their registration number, the words "professional clinical counselor registered intern" or "PCC registered intern", and the name of their employer or the entity for which they volunteer. "PCCI" can only be used when the title professional clinical counselor registered intern is also used. California Code of Regulations (CCR) Section 1811 ================================================== Question: When it's determined that a person is gravely disabled as the result of a mental disorder, he or she may be initially held in a locked facility for _____ hours followed by an additional period of up to ______ days if it is determined that he or she is still gravely disabled. Answer: 72; 14 ================================================== Question: What are the consequences when a counselor has failed to report an incident of child abuse? Answer: up to 6 months confinement in a county jail; a fine of $1,000; may have license revoked ================================================== Question: Your 73 yr old client lives with her daughter and son-in-law. During one session, she reveals that their oldest son (her grandson) is stealing money from her bank account. You should: Answer: call adult protective services or a local law enforcement agency immediately and follow up with a written report within 2 working days. ================================================== Question: When a client asks for a summary of his or her record (rather than a copy of the entire record), a psychotherapist must provide the summary within _____ working days after receipt of the client's written request unless the record is of "extraordinary length" or treatment of the client was terminated within the last ten days. Answer: 10 ================================================== Question: The requirements of the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA): Answer: take precedence over state laws when the state law provides less privacy protection ================================================== Question: Suzanne receives a request from a former client's current therapist for copies of certain information from the client's file. The client has not paid for his last 3 therapy sessions despite several requests from Suzanne to do so. Suzanne: Answer: is prohibited from withholding the client's records because of the outstanding fees. ================================================== Question: A counselor's new client has an anxiety disorder and is taking medication provided by a physician. After the first session, the counselor wants more information about the client's medication and how it may affect counseling. To be consistent with the requirements of HIPAA's Privacy Rule: Answer: the counselor may contact the physician without authorization from the client as long as the client has received a Notice of Privacy Practices. ================================================== Question: Your client is a 72 yo female who is in the early stages of Alzheimer's disease. She claims that her husband is abusing her. However, you have interviewed all of her family members and they claim there is no abuse occurring, and a medical doctor has evaluated her and has found no evidence of abuse. Consequently you do not believe that your client has been abused. Answer: You are not required to file a report ================================================== Question: A client asks Dr. Ken for a copy of her therapy record. Dr. Ken may provide the client with a summary of the record (rather than the complete record) if: Answer: the client requested a summary and the request from the client is in writing ================================================== Question: A friend of yours asks if you would provide him with counseling to help him deal with the recent death of his mother. Answer: You should not accept your friend as a client and should refer him to another professional ================================================== Question: Your client is moving to another city in California and wants to continue counseling with you via the Internet. You are legally and ethically: Answer: required to provide the client with information about the possible limitations of this type of counseling ================================================== Question: A 9 yo girl is brought to counseling by her mother, who reports that the girl's behavior has recently changed both at home and at school. On questioning the girl, you learn that she has been sexually abused by the brother of her best friend. What is the most appropriate course of action in this situation? Answer: Inform the mother of your duty to report, make a report to the authorities, and refer the girl for a medical evaluation ================================================== Question: A counselor receives a request for the clinical records of a client who committed suicide three years ago. The request comes from the client's wife, who has just discovered that her husband was in counseling just before he killed himself. The counselor should: Answer: explain to the wife that her husband's confidentiality must be protected even after his death. ================================================== Question: You are working at a university counseling center and are conducting research that you plan to present at a counseling association meeting. You learn that a colleague at the clinic is using the list of students who are participating in your study to solicit clients for his private practice. You should do which of the following? Answer: Talk to your colleague directly and try to resolve the issue informally ================================================== Question: You have seen a client for the 6 sessions that were authorized by her HMO, and have referred the client to another therapist for long-term therapy. Before the client has a chance to see the new therapist, a crisis arises and she calls you for help. The most appropriate way to manage this situation is to: Answer: schedule an appointment to see the client until the crisis has abated ================================================== Question: A client in need of crisis treatment is short on funds and asks you to waive his insurance copayment. He suggests that you bill his insurance company at a higher hourly rate so that the insurance reimbursement will cover your full fee. If you do this, you will be acting: Answer: illegally and unethically ================================================== Question: As defined in California Welfare and Institutions Code Section 5250, at the expiration of an initial 72 hr hold, an additional 14 day hold may be considered for individuals who are: Answer: a danger to themselves, a danger to others, or gravely disabled. ================================================== Question: Which of the following individuals meets the criteria for a "grave disability" as defined in California law? Answer: a 37 yo woman who lives alone, has a severe bipolar disorder, and refuses to eat because she believes she doesn't need to in order to survive ================================================== Question: Jennifer Lewis, a licensed counselor, regularly waives the co-payment for her low-income clients who are covered by insurance. She believes this is acceptable since she normally bills her clients using a sliding fee scale. In this situation, waiving the co-payment is: Answer: ethical only if the insurance company is aware of the arrangement ================================================== Question: You receive a subpoena duces tecum requiring you to testify about a current counseling client at a trial and to bring specific documents from the client's file. You contact the client who states that he does not want you to testify or release his records. You should: Answer: contact the attorney who issued the subpoena to request that you be released from it ================================================== Question: If an individual is a registered sex offender, he or she is: Answer: not eligible for licensure. ================================================== Question: Which of the following is not permitted for clinical counselor trainees, interns, and applicants? Answer: being paid by their clients ================================================== Question: You are working in individual counseling with a 9 yr old girl who tells you that a neighbor, a 17 yr old boy, often asks her to lift up her dress. When she complies, he stares at her and laughs but, she says, has never touched her. The girl seems very embarrassed when she discloses this activity but then quickly says she doesn't see anything wrong with it. She also says she doesn't know how to make the boy stop because "he's big and strong." What should you do with this information? Answer: Report child abuse to a designated agency ================================================== Question: What is required for a valid claim of malpractice? Answer: The therapist may or may not have had malevolent intentions, but there must be a causal connection between the therapist's actions and the harm suffered by the client. ================================================== Question: Which of the following situations MOST clearly represents an unethical dual relationship? Answer: A counselor's client is her husband's secretary ================================================== Question: Your client calls you because he is worried that his wife is going to hurt someone. She just had her insurance claim rejected and she is threatening to shoot her agent. Your client believes that this is a serious threat. Which of the following is true? Answer: You are not required to contact her insurance agent or a law enforcement agency ================================================== Question: A client tells you that another therapist he was seeing a few months ago made sexual advances toward him during the course of therapy. What should you do? Answer: Inform the client of his alternatives in this circumstance ================================================== Question: Your client tells you that she works the late shift at a local restaurant. She is gone from her house for four hours five nights a week. She tells you that she leaves her 6 yo daughter at home alone during that time. She says that she thinks it is safe because she doesn't leave until the child is asleep and she has practiced with the child how to call her is she has an emergency or wakes up. What should you do? Answer: Report to CPS and then work with this woman to understand the dangers inherent in her behavior ================================================== Question: Your new client has been diagnosed with DID, which apparently stems from years of child abuse. You have no training in treating clients with this disorder. You should: Answer: refer her to another mental health provider who is qualified to treat your client for this disorder ================================================== Question: Administering which of the following types of tests is considered to be within an LPCC's scope of practice? Answer: aptitude tests and achievement tests NOT included: assessing personality, individually administered intelligence tests, neuropsychological testing, or a battery of 3+ tests to determine presence of [psychosis, dementia, amnesia, cognitive impairment, or criminal bx] ================================================== Question: When an LPCC learned that a client has been physically abused and the client lives in a long-term care facility that is not a state mental hospital or state developmental center, the LPCC must make a telephone report: Answer: immediately (but no later than 2 hrs) and a written report within 2 hrs if the abuse resulted in serious bodily injury ================================================== Question: As required by law, informed consent for telehealth: Answer: may be verbal or written and must be documented ================================================== Question: You receive a call from an emergency room physician who is treating your client. The client has given her consent for the physician to access her records. However, the client owes you money for 2 months of therapy. Which of the following is true? Answer: You may not withhold the records. ================================================== Question: When faxing protected health information, the document to be faxed should include a cover sheet that contains which of the following? Answer: a confidentiality statement that indicated the information should be used only for the requested of intended purposes and instructions on what the recipient should do if the fax was inadvertently sent to the wrong number ================================================== Question: The primary element in determining vicarious liability is: Answer: the disparity in training and experience Vicarious liability: a counselor's liability when they are responsible for the services provided to a client by a supervisee or employee. There will be a large discrepancy in the training and experience of the 2 individuals. In this case the counselor has some degree of control over the services provided by the supervisee or em ================================================== Question: An 84 yo man who you have been working with is taken to the ER. The ER medical technician calls you because she found your card in the patient's pocket. She requests information about your client. What should you do? Answer: Give the EMT information related to the emergency ================================================== Question: When asked to provide confidential client information in court or at a deposition, you should: Answer: assert the psychotherapist-patient privilege and provide the information only with authorization from the client or an order from the court ================================================== Question: A counselor is a member of the army reserve and may be called into active duty at any time. What preparations should the counselor make? Answer: Arrange for colleagues to provide professional services in her absence ================================================== Question: A counselor is hired by a company to provide services to employees as part of the company's employee assistance program. The company has traditionally photocopies standardized psychometric tests to save money, and the program director, who is a licensed psychologist, instructs the counselor to continue using the photocopies tests. The counselor believes that photocopying the tests violates copyright laws and, consequently, should: Answer: talk with the program director to attempt to resolve the company's misuse of the tests ================================================== Question: Melissa, age 12, tells her counselor that she really needs to talk to someone about how her friends are gossiping about her on Facebook. She says she doesn't want her parents involved because they don't understand how Facebook works and probably would force her to stop using it. She also says that they don't believe in therapy. How should the counselor proceed? Answer: See her if he believes she's mature enough to consent to her own treatment but continue seeing her without the knowledge of her parents only if he determines that contacting them would be inappropriate. ================================================== Question: You have been working in individual therapy with a 17 yo female. During a session, the client reports that she was rapes a few months ago but refuses to tell you who raped her. The client then abruptly says that, in fact, she was not raped. What would you do? Answer: Remind the cleint of the limits of confidentiality and file a child abuse report ================================================== Question: You learn that your client is physically abusing her 10 yo son and determine that you need to make a child abuse report. Which of the following is true? Answer: You are not legally required to notify the client in advance that you are making the report ================================================== Question: A counselor is a professior at a local college and is sexually involved with a masters student who is in one of his classes Answer: this is unethical ================================================== Question: Which of the following accurately describes the requirements of HIPAA's privacy rule with regard to disclosing a client's protected health information? Answer: Providers are not required to obtain authorization from the client when PHI is being disclosed for the purpose of treatment, payment, or health care operations ================================================== Question: Your colleague sends you a check for $100 after you referred 2 clients to her in a 1 week period. In this situation you should be aware of what? Answer: Generally it is illegal and unacceptable to accept payment for referrals ================================================== Question: Your client is a 16 yo who is currently attending a prep school. He says that he is constantly picked on by everyone who lives in his dorm. He then goes on to tell you that he plans to get a gun and kill as many students as he can in the dorm. You should Answer: contact the police and a school official ================================================== Question: A mother brings in her 15yo daughter. The presenting issue is that the daughter ran away from home, lied about her age, and got married secretly. When the mother found out, she had the marriage annulled because it wasn't legal. The mother is paying for the sessions and wants to be kept up to date. The counselor should keep in mind that Answer: the daughter might be a victim of sexual abuse and/or statutory rape ================================================== Question: Suzanne, age 15, tells her counselor that for at least 2 months she's been stalked by a couple of gang members who follow and harass her when she walks home after school every day and send her scary emails. At first she asked them to stop following her but they just laughed and made threatening gestures so she has been ignoring them as best she can. When the counselor asks if she has told her parents or school authorities she says she doesn't want anyone to know because it will only make things worse. What should the counselor do Answer: breach confidentiality by contacting the police and/or her parents if it seems to be in ct's best interest ==================================================

California Law And Ethics Exam Social Work

December 5, 2023 Dwayne Morise

Question: Confidentiality falls into what three types of issues?
Answer: Therapeutic, legal & ethical issues
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Question: What is a leading cause of ethical complaints? Litigation for malpractice?
Answer: Confidentiality

4th most frequent basis of disciplinary action
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Question: According to the NASW Code of Ethics, social workers should protect confidentiality of all info except for when?
Answer: Compelling professional reasons

As necessary to prevent "serious, foreseeable, and imminent harm" to a client or other identifiable person.
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Question: To what level of detail should confidentiality be broken when necessary?
Answer: In these instances, professionals should disclose the least amount of confidential information necessary to achieve the desired purpose; only information that is directly relevant to the purpose for which the disclosure is made should be revealed.
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Question: What type of consent is required in order for mental health professionals to disclose to third parties?
Answer: Written

Verbal - in emergency situations only
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Question: What are the exceptions to confidentiality?
Answer: Under California law, there are several exceptions to the confidentiality of psychotherapy. The primary exceptions to confidentiality concern harm to self or others:

Where there is a reasonable suspicion that a client is likely to harm him or herself unless protective measures are taken.

Where there is a reasonable suspicion of child abuse or elder adult physical abuse (see Mandated Reporting section);

Where there is a reasonable suspicion of the potential for danger of violence to others (see Duty to Warn section);
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Question: What is reasonable suspicion according to Lowenthal Child Abuse Reporting guidelines?
Answer: 1. Reasonable suspicion does not require certainty that child abuse or neglect has occurred;
2. Reasonable suspicion does not require a specific medical indication of child abuse or neglect; any reasonable suspicion is sufficient; and
3. Reasonable suspicion may be based on any information considered credible by the reporter, including statements from other individuals.
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Question: How should a therapist approach treatment confidentiality with families or couples?
Answer: It is important for the provider to be specific with regard to confidentiality issues and to seek agreement among the parties involved concerning each individual's right to confidentiality and obligation to preserve the confidentiality of information shared by others.
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Question: How should a therapist approach treatment confidentiality with groups?
Answer: The mental health provider cannot guarantee that group members will keep information confidential and this information is important to share with all group members in advance of group psychotherapy.
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Question: Can clients access their therapeutic medical record?

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Question: What is privileged communication?

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Question: How many privileges are there in CA?
Answer: 13 recognized
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Question: Who holds the privilege?
Answer: Client if no guardian or conservator

If so, guardian/conservator holds it
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Question: Who holds privilege if client is dead?
Answer: Personal representative
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Question: If you want to release information from a group, family or couple, what must you do?
Answer: • If your identified patient is a group, family, or couple you must receive a waiver from each and every member of the group before you can release any information.
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Question: Do minor children hold privilege?
Answer: Yes - If your patient is a minor child, he or she holds the privilege. A minor's parents do not hold the privilege for the minor. The only time a parent could hold the privilege for the minor is if the court has specifically appointed the parent as a guardian ad litem
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Question: How is privilege asserted for minors with regard to attorneys?
Answer: • If your patient is a minor, you must assert the privilege on his or her behalf. If the minor has an attorney, the attorney can make the decision to waive or assert the privilege.
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Question: What does the NASW Code of Ethics say about when the law orders social workers to break confidentiality without client permission?
Answer: Social workers should protect the confidentiality of clients during legal proceedings to the extent permitted by law. When a court of law or other legally authorized body orders social workers to disclose confidential or privileged information without a client's consent and such disclosure could cause harm to the client, social workers should request that the court withdraw the order or limit the order as narrowly as possible or maintain the records under seal, unavailable for public inspection." Although it is ethically preferable, then, not to reveal treatment information, this may still be required by the court.
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Question: What could happen if a provider receives a subpoena from an attorney to provide copies of clinical records?
Answer: waive privilege and allow the provider to provide the subpoenaed information; or
invoke privilege and refuse to allow the release of information.

In the latter case, the judge will determine whether the treating professional must release information and the judge can issue a court order.
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Question: What is required in order for a social worker to be forced to provide information even though privilege is invoked?
Answer: Court order by the judge
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Question: In CA, how old must minors be to consent to mental health treatment or counseling if 2 requirements are met? What are the requirements?
Answer: 12

a) The minor, in the opinion of the attending professional person, is mature enough to participate intelligently in the outpatient services or residential shelter services

AND

1) The minor would present a danger of serious physical or mental harm to self or others without the mental health treatment or counseling or residential shelter services

or

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Question: If requirements are met, can minors 12+ consent to medical care and counseling related to dx and tx of a drug or alcohol problem? What about psych meds or inpt hospitalization?
Answer: Yes to subst abuse tx

No to psych meds or inpt hospitalization - both require parental consent
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Question: What is required to share a minor's (12+) information/medical record with others, including parents?
Answer: Minor's written consent
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Question: Should a provider attempt to involve a parent/guardian in a minor's tx?
Answer: Yes - unless inappropriate
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Question: At what age does a person become an "elder" under California Welfare and Institution Code?
Answer: 65
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Question: When should a therapist file a report? How about for APS?
Answer: Immediately by phone and a written report within 36 hours

Immediately by phone and written report within 2 working days
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Question: What do mandated reporters have immunity to?
Answer: Civil & criminal liability
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Question: What is a mandated reporter subject to if they fail to file a report?
Answer: Misdemeanor criminal prosecution & fines

If harm comes to a child through the result of a professional's failure to report abuse, even stiffer penalties may exist.
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Question: What does CA require of social workers applying for a license with regard to child abuse reporting?
Answer: Due to the importance of accurate knowledge of child abuse, all persons applying for a license as a marriage and family therapist or clinical social worker needs to complete at least 7 hours of training in child abuse assessment and reporting. Additionally the BBS will not issue a license to a person who has been convicted of a crime in this or any other state or in a territory of the United States that involves sexual abuse of children or who is required to register pursuant to Section 290 of the Penal Code or the equivalent in another state or territory.
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Question: What is Laura's Law?
Answer: "Laura's Law," was written in response to these concerns. Laura's Law allows California counties to decide whether to opt to implement a community-based, court-monitored outpatient treatment program. These programs require outpatient treatment for a seriously mentally ill person who is unlikely to survive safely in the community without supervision, has a history treatment noncompliance, and presents a serious risk of harm to self or others. At the present time some, but not all, California counties have adopted Laura's Law.
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Question: When can a person be placed in assisted outpatient treatment?
Answer: The person must:
1) Be eighteen years of age or older;
2) Be suffering from a mental illness;
3) Be unlikely to survive safely in the community without supervision
4) Have a history of non-compliance with treatment that has either:
5) Have been offered an opportunity to voluntarily participate in a treatment plan by the local mental health department but continue to fail to engage in treatment;
6) Be substantially deteriorating;
7) Be, in view of his or her treatment history and current behavior, in need of assisted outpatient treatment in order to prevent a relapse or deterioration that would likely result in the person meeting California's inpatient commitment standard, which is being:
A.) A serious risk of harm to himself or herself or others; or
B.) Gravely disabled (in immediate physical danger because unable to meet basic needs for food, clothing, or shelter);
8) Be likely to benefit from assisted outpatient treatment; and
9) Participation in the assisted outpatient program is the least restrictive placement necessary to ensure the person's recovery and stability.
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Question: Who can file a petition for AOT?
Answer: Only the county mental health director may file a petition for AOT, but treatment providers or family members may request that such a petition be filed.
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Question: How may a therapist carry out the "duty to protect?" (Tarasoff)

What is the consequence of not acting?
Answer: - Notify the police
- Warn the intended victim
- And/or take other reasonable steps to protect the individual

Failure to act may also result in potential civil liabilities
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Question: When is Tarasoff required?

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Question: Is there a difference in duty to protect if a pt communicates directly to therapist vs. info relayed by an immediate family member?
Answer: No - duty is the same

*Only if a family member communicates this. Not beyond
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Question: What are some symptoms of compassion fatigue?
Answer: Relational/Work-Related Symptoms (Lombardo & Eyre, 2011)
• Avoidance or dread of working with certain patients

• Boundary issues, such as over-involvement with patients

• Reduced ability to feel empathy towards patients or families

• Frequent use of sick days

Physical/Emotional Symptoms

• Lack of joyfulness/Irritability
• Poor concentration, focus, and judgment
• Sleep disturbances
• Excessive use of substances
Anxiety
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Question: What assessment can be used free of charge to self-monitor compassion fatigue?
Answer: Proquol
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Question: Can social workers consult with colleagues for advice on areas outside their scope of practice?
Answer: Yes - do so with the least amount of information necessary
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Question: What is informed consent?

Includes:
1) a description of the diagnosis, treatment, risk and benefits
2) discussion of other options, 3) clinician's qualifications to perform treatment.
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Question: What should be included in informed consent and how should it be conducted?
Answer: Informed consent may take various forms, such as a client information brochure or a discussion between client and therapist. Whatever format it takes, informed consent should include the following factors:

-Goals of therapy/psychotherapy services
-Risks and benefits of therapy
-Approximate length of the process
-Alternatives to therapy
-Fees and services, including processes if bills are not paid
-Qualifications and background of the counselor
-Treatment procedures, including emergency procedures
-Third party disclosures
-Choices between paying with and without insurance
-Limits of confidentiality
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Question: Is informed consent required for school-based psych services b/w teacher & therapist? What about a psych crisis?
Answer: No - as long as interventions are under the authority of the teacher & w/i scope of typical classroom intervention

Parent consent is required if consultation is extensive or intrudes on student/family privacy; and for mental health screenings

No
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Question: Written informed consent is required when?
Answer: Psychosurgery, ECT, research studies
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Question: LEGAL: Privilege does not apply in the following circumstances
Answer: The client authorizes a release of information
A therapist is legally mandated to breach confidentiality
The client has disclosed a significant part of the information to a third person
The situation represents one of the legally defined exceptions to privilege.
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Question: LEGAL: Privilege and Patient-Litigant Exception
Answer: Legally Defined Exception to privilege
If a patients emotional condition has been raised as an issue by the patient or representative
ex: employee suing boss for sexual harassment claiming it caused emotional distress that led to diagnosis of panic disorder. Information obtained by woman's therapist relevant to her diagnosis is not privileged
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Question: LEGAL: Privilege exceptions in Court-Appointed Psychotherapy
Answer: Legally Defined Exception to privilege Therapist has been appointed by court to examine defendant as long as it wasn't defendants attorney wasn't the one to request. Example: Judge orders man on trial for murder to undergo psychological testing to decide if he is competent to stand trial. Information obtained in eval. relevant to competence is not privileged.
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Question: LEGAL: Proceeding to Establish Competence
Answer: Legally Defined Exception to privilege
Example: daughter of man with suspected cognitive disabilities request conservatorship. Therapist who evaluated man may testify about results of cognitive evaluation.
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Question: LEGAL: Patient under 16 is a Victim of a Crime
Answer: Legally Defined Exception to privilege
Example: Therapist testifies in court on behalf of 14 yr old boy who told her older teenagers were extorting money from him. Exception to privilege to protect boy from harm.
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Question: ETHICAL: NASW Core Values
Answer: Service
Social Justice
Dignity and Worth of the Person
Importance of Human Relationships
Integrety
Competence
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Question: A therapist is treating a mother, step-father, 12-year-old son and 4-year old daughter for family therapy. The mother requests that the therapist speak to the son's teacher because he has been complaining of problems in the classroom. When obtaining a release to speak to the teacher, the therapist must get written consent from the entire family.
Answer: False
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Question: According to HIPAA, psychotherapy notes are released to third-party payers for billing.
Answer: False
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Question: A therapist who was a victim of sexual abuse as a child meets with an 18-year-old client who also experienced childhood sexual abuse from a teacher. The therapist is concerned about working effectively with this client due to her lack of experience in treating sexual abuse. It is appropriate for the therapist to refer the client to someone who specializes in sexual abuse because it is out of the therapists scope of competence.
Answer: True
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Question: A therapist should always support a client's right to self-determination first.
Answer: True
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Question: A safety plan does not include giving the client Domestic Violence resources.
Answer: False
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Question: A client, who is a single mother, informs the therapist that she was offered a better job in another state where she does not know anyone. She requests assistance finding childcare for her 5-year old. She adds that she thinks that it would be easier for her to remain in her present living arrangement with her parents until the child is older. The therapist thinks the client should stay. The therapist should explore the pros and cons of her options.
Answer: True
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Question: During informed consent, the client should always have a good understanding of what services they are receiving.
Answer: True
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Question: A therapist accepts insurance in private practice. The insurance company sends notice to the therapist requesting copies of five client files for an audit. This is a typical practice of the insurance company. The therapist should make sure each file has an authorization and then submit the files.
Answer: True
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Question: A mother of an 11-year-old boy was arrested and subsequently ordered to enter a 90-day detox facility for drug and alcohol abuse. The son was sent to live with a foster family temporarily when the mother went into a detox facility. The child has been court-ordered to attend therapy. The therapist should obtain consent for his treatment from first the lawyer and second the social worker.
Answer: True
==================================================
Question: A therapist has been seeing a gay couple for several months for relationship issues. Between sessions, one of the men calls distraught because he learned he has HIV. "I don't know what to do! Please don't tell my partner." The therapist should assure him that you will maintain his confidentiality and explore his reasons for not wanting his partner to know.
Answer: True
==================================================
Question: Fees are not a legally required aspect of informed consent.
Answer: False
==================================================
Question: A therapist is part of an interdisciplinary team at a residential center for teens. The therapist should make it clear to the residents that confidential disclosures are shared with the treatment team.
Answer: True
==================================================
Question: A therapist does not have to accept a subpoena.
Answer: False
==================================================
Question: A client seeks therapy for anxiety after a car accident. She also decides to sue the driver of the other car who was at fault claiming that the accident has left her too anxious to drive. The therapist receives a subpoena for the client's records and should accept the subpoena, maintain confidentiality, and assert privilege if the client so directs.
Answer: True
==================================================
Question: A therapist treating an EAP client or court ordered client can only provide attendance history when their employer or probation officer contacts the therapist for updates.
Answer: True
==================================================
Question: A therapist should never respect a client's beliefs, especially if the therapist has different beliefs.
Answer: False
==================================================
Question: A therapist should always respect a client's beliefs unless it is affecting the therapist and not allowing them to do their job appropriately.
Answer: True
==================================================
Question: A 32-year-old man with developmental disabilities comes to an appointment with his case manager and reports that a caregiver in his group home has been refusing to give him his medication and has been locking him in his room at night. The case manager should report the situation to the police immediately.
Answer: True
==================================================
Question: A therapist is allowed to confirm or acknowledge a client at the request of a lawyer.
Answer: False
==================================================
Question: If a therapist denies client access to their records and the client becomes angry, the therapist should consult a lawyer.
Answer: False
==================================================
Question: A therapist can bill the insurance for a missed client appointment, but they may not pay.
Answer: True
==================================================

Answer: False
==================================================
Question: A therapist working in a small agricultural town has been seeing a client for several years when the client reports that he cannot afford to pay for therapy for the next few months because he must make upgrades to his farm. It is appropriate for the clinician to accept produce from client's farm as payment if that is client's only source of payment.
Answer: True
==================================================
Question: A client lost her husband a year ago. The client has had trouble maintaining her finances, since her husband was the one who took care of the bills when he was alive. The client is now two months behind in the payment of fees and has no ability to pay soon. The clinician should terminate services if it is clear that the client is not a danger to self or others.
Answer: True
==================================================
Question: A therapist working in a small town has been seeing a client for a few months when the client reports that he lost his job and can no longer afford to pay for therapy. It is acceptable for the client to provide house repair services for the therapist in exchange for continuing therapy.
Answer: False
==================================================
Question: A therapist, who was formerly employed as a financial planner, now treats couples with relationship issues. It is acceptable for the therapist to assist couples he is treating with financial planning when that is one of the sources of their conflict.
Answer: False
==================================================
Question: A therapist has been treating a woman for depression in private practice for four months. During an emotional session the client discloses that she was sexually molested when she was eight by her neighbor. Since the therapist has minimal training in treating childhood sexual abuse it is acceptable for the therapist to refer the client to a trained child sexual abuse therapist.
Answer: False
==================================================
Question: A therapist has been treating a client with Generalized Anxiety Disorder for five months. The client's symptoms have disappeared and the client is functioning well. The therapist enjoys the sessions with the client so she has been reluctant to bring up termination. Also, the client pays full fee and the therapist is worried about losing the income. It is unethical for the therapist to continue therapy with this client.
Answer: True
==================================================
Question: A 13-year-old girl is referred by her teacher for therapy for depression. The therapist determines she is mature enough to consent for her treatment. LEGALLY the therapist should first determine whether her parents should give consent.
Answer: True
==================================================
Question: A new client comes to the initial therapy session in crisis. The therapist does not inform the client of the fee prior to the initial session. When the client receives the bill, she refuses to pay. In this situation, the therapist should accept the client's refusal to pay.
Answer: True
==================================================
Question: A therapist in a small rural community has decided to consult with a colleague about a client who does not seem to be progressing in therapy. As part of the consultation the therapist should obtain a release from the client since the colleague might know him/her.
Answer: True
==================================================
Question: A client wants to see his records. The therapist determines that there is high risk of detrimental consequences to the client if the client were to see the records. The therapist should deny the request to access the records and document why it was denied.
Answer: True
==================================================
Question: A therapist is working in a small rural town and is the only provider within the area. A neighbor from a nearby farm requests that her son receive counseling services. The therapist has seen the boy on several occasions in the local store, but has minimal interaction with him or his mother. The therapist should decline to provide therapy to the client.
Answer: False
==================================================
Question: A therapist receives an order from the court for a former client's records. The therapist is concerned that the release of the records will cause harm to the client. The therapist advocates to the court to limit the scope of the release. The court declines the request so the therapist must provide a copy of the records immediately.
Answer: True
==================================================
Question: During a session, a client makes a vague threat toward his former boss. When the therapist asks what the client means by the statement, the client ignores the question. The therapist should remind client you are a mandated reporter.
Answer: False
==================================================
Question: A court-ordered client with a history of violence shares that he is really pissed off at his former boss and is "going to wait for him after work one of these days to make him pay." When the therapist asks the client what he means by the statement, the client tells him angrily to "forget it". Due to client's violent history and the fact that he does not want to discuss it, the therapist should inform the police.
Answer: True
==================================================
Question: The informed consent for treatment is not part of the summary of records.
Answer: True
==================================================
Question: The purpose of laws and regulations pertaining to psychotherapy advertising is to ensure the public is well-informed and not misled.
Answer: True
==================================================
Question: It is unethical for a therapist starting a new practice to advertise in her community.
Answer: False
==================================================
Question: A gay couple comes in to see you for the first session. They state that they have been referred by one of the partner's individual therapist. The referring therapist told them that you have extensive experience in working with gay couples. In actuality, you have treated a good number of heterosexual couples, but have seen only a few gay couples. As their therapist you should correct the inaccurate information with both the couple and the referring therapist without divulging your client's identity.
Answer: True
==================================================
Question: To what services can minors consent to at any age?
Answer: Pregnancy, contraception, abortion (no parental contact without written consent)

Sexual assault/rape services under 12: med dx, tx & evidence collection (provider must attempt to contact parents & report to CPS)
==================================================
Question: Is ECT allowed for minors?
Answer: ♣ 12-15 only if considered life-saving - both child and parent consent required
♣ 16-17 - voluntary consent by minor; share with parents with written consent
==================================================
Question: To what services can 12+ consent to?
Answer: Parent comm not permitted without written consent:
- ID/STI prevention, dx, tx
- AIDS/HIV testing & tx
- Rape services

- Outpt mental health services (have to attempt to involve parents; can discuss verbally, but medical records require written consent)
---> minor has to be mature enough & present danger/harm to self or others w/o tx OR is alleged victim of child abuse or incest
==================================================
Question: To what services can minors not consent to, even if 12+?
Answer: Psych meds

Inpt psych hospitalization (parents cannot force tho unless 5150)
==================================================
Question: If a child is under 14, who are they legally permitted to have sex with? 14/15? 16+?
Answer: Under 14

14 - 21

Any age
==================================================
Question: Is emotional abuse required to be reported to CPS?
Answer: No
==================================================
Question: How old is an elder?
Answer: 65+
==================================================
Question: How soon must verbal and written reports be made for child abuse?
Answer: Immediately

w/i 36 hours for written
==================================================
Question: How soon must verbal and written reports be made for elder abuse?
Answer: Immediately (by phone or confidential internet reporting tool)

w/i 2 working days for written
==================================================
Question: What form is used for written abuse reports?
Answer: DOJ form
==================================================
Question: How many hours of training in child abuse assessment is required of LCSWs?
Answer: 7 hours
==================================================
Question: Can a person/agency be at risk for litigation upon a negligent/intentional confidentiality breach even if the person drops charges?
Answer: Yes

A licensing or certifying board may assess an admin fine or civil penalty whether or not the patient suffers any damages (CA confidentiality of medical information act - CMIA)

Lanterman-Petris-Short Act (LPS): civil damages for negligent disclosure
==================================================
Question: When is drug use by parents reportable to CPS?
Answer: When parent is manufacturing a controlled substance in the presence under a child of age 16

Other drug use would only be reportable if the father could not care for his child safely as a result of use
==================================================
Question: What is required when a baby is born with positive drug tox/withdrawal sxs?
Answer: An assessment of needs for the infant and infant's family and to make a referral for appropriate services
==================================================
Question: How should social workers act when they disagree with agency policy or procedure?
Answer: - Advocate & discuss with colleagues & admin first informally
- If necessary, do the above but more formally
- If necessary, involve appropriate outside agencies (governors office, media, advocacy organization)
- Avoid conflicts of interest by informing clients of real or potential conflicts of interests
==================================================
Question: How long must medical records be retained after client discharge?
Answer: 7 years (but 10 is recommended)

For minors, at least 7 years after they turn 18
==================================================
Question: What is the NASW's position regarding sliding-scale fees?
Answer: Consideration should be given to the client's ability to pay
==================================================
Question: What should clients of military therapists be informed of?
Answer: Military therapists have neither control over whom they consult or evaluate nor ways to prevent dual relationships and conflicts of interest. Clients in these settings must be fully informed of the disclosures that may result from the unavoidable dual relationship. Comparable conflicts may arise when non-military therapists are involved in court cases.

- They are legally mandated to the dual roles
- National defense, unit integrity, combat readiness etc are higher than individual welfare in the military
- Sometimes people serve alongside clients in military as officers & also as guards in prisons
==================================================
Question: What information are military commanding officers allowed to know about information obtained by a social worker? What about what information is required to be reported to prison authority?
Answer: - Relevant to national security or combat readiness

- Relevant to security & safety
==================================================
Question: What disclosures can be made of people in correctional institutions?
Answer: 1) Provision of health care
2) Health and safety of inmate and other inmates; also of correctional institution personnel; personnel responsible for transporting/transferring inmates
3) Law enforcement on the correctional institutions premises
4) the 'administration and maintenance of the safety, security, and good order' of the institution

Fugitive - no restrictions - as it is useful for apprehension of the inmate
==================================================
Question: Can prisoners obtain med records copies, billing or other records?
Answer: No - not allowed to obtain a copy. Can inspect records unless they are psychotherapy notes or contain info for criminal/admin proceedings

Can deny if access would put at risk the health, safety, security, custody, or rehabilitation of the inmate or other inmates, or the safety of any officer, employee, or other person at the correctional institution as well as the safety of any person responsible for transporting the inmate
==================================================
Question: Under HIPPA do client's have the right to see their psychotherapy notes?
Answer: No - therapists have the right to keep them private (as long as they are kept separate from the medical record)

They can be made available to other providers given client's consent
==================================================
Question: What is the CA statute of limitations on civil action?
Answer: Between 1 - 4 years
==================================================
Question: What is required for breach of confidentiality with regard to SI?
Answer: Plans, means & intent
==================================================
Question: What is the 4th most common disciplinary action?
Answer: lack of keeping client confidentiality
==================================================
Question: What is a leading cause of litigation?
Answer: breech of confidentiality
==================================================
Question: According to the Code of Ethics, when is the only exception for breeching confidentiality?
Answer: compelling professional reasons
==================================================
Question: When is the only time, beside a court subpoena, that a counselor can release protected client information?
Answer: Written consent from client or legal guardian
==================================================
Question: T or F? Keeping client information confidential does not include when disclosure is necessary to prevent serious forseeable imminent harm to client or others.
Answer: T
==================================================
Question: T or F? Counselors should provide the most amount of information when disclosing confidential information.
Answer: F
==================================================
Question: T or F? Verbal consent to disclose client information is never permitted.
Answer: F, verbal consent is ok in emergency situations
==================================================
Question: What is informed consent?
Answer: A client is informed in advance, circumstances under which the counselor is allowed to disclose client information
==================================================
Question: What are the stipulations of breaking confidentiality?
Answer: 1. when a client is at harm of hurting oneself if protective measures were not taken
2. Reasonable suspicion of child or elder abuse/neglect
3. reasonable suspicion of potential for danger/violence to others
==================================================
Question: How does confidentiality work when you are doing psychotherapy with a group/family?
Answer: counselor must be clear and specific as to confidentiality issues and to review each member's right to confidentiality & obligation to preserve the confidentiality of information by others
==================================================
Question: T or F? A provider cannot ensure that confidentiality will be kept by other group members.
Answer: T
==================================================
Question: What is privilege?
Answer: legal right of keeping clinical records confidential
==================================================
Question: How does NASW stand on court order of client records?
Answer: Social workers should protect the confidentiality of clients during legal proceedings to the extent permitted by law. When a court of law or other legally authorized body orders social workers to disclose confidential or privileged information without a client's consent and such disclosure could cause harm to the client, social workers should request that the court withdraw the order or limit the order as narrowly as possible or maintain the records under seal, unavailable for public inspection
==================================================
Question: What is the term, "age of consent"?
Answer: laws related to the legal and medical rights of minors and is the age at which a minor can consent to tx without parental authorization
==================================================
Question: T or F? Mandated reporters have immunity from civil and criminal liability
Answer: T
==================================================
Question: What happens if you know or have suspicion of abuse/neglect and you do not report it?
Answer: punishment of misdemeanor criminal prosecution and fines
==================================================
Question: T or F? No client has 100% guarantee of complete confidentiality
Answer: T
==================================================
Question: What is the primary goal of social work?
Answer: enhance human well-being and help meet the needs of all people who are vulnerable or oppressed
==================================================
Question: T or F? Child abuse is usually found in a combination of types rather than alone.
Answer: T
==================================================
Question: What are the five things to take into consideration when looking at child abuse?
Answer: 1. age of child
2. Developmental levels of child
3. severity of action
4. frequency of action
5. contextual=historical/cultural perspectives of family
==================================================
Question: What is MBP?
Answer: intentional simulation of physical illness by a parent in his or her child, usually for the purpose of attention. This may include fabricating symptoms or actually inducing symptoms (such as causing a child to have a fever, feeding the child things he or she should not ingest, etc.)
==================================================
Question: What constructs child neglect?
Answer: emotional, physical and educational
==================================================
Question: What does physical neglect entail?
Answer: Physical neglect includes refusal of or delay in seeking health care, abandonment, expulsion from the home or refusal to allow a runaway to return home, and inadequate supervision.
==================================================
Question: What does educational neglect entail?
Answer: Educational neglect includes the allowance of chronic truancy, failure to enroll a child of mandatory school age in school, and failure to attend to a special educational need.
==================================================
Question: What does emotional neglect entail?
Answer: Educational neglect includes the allowance of chronic truancy, failure to enroll a child of mandatory school age in school, and failure to attend to a special educational need.
==================================================
Question: What is the most difficult subset of abuse to prove?
Answer: emotional abuse= emotional injury AND Change in emotional stability of child
==================================================
Question: What are signs of physical abuse?
Answer: • Has unexplained burns, bites, bruises, broken bones, or black eyes
• Has fading bruises or other marks noticeable after an absence from
school
• Seems frightened of the parents and cries when it is time to go home
• Shrinks at the approach of adults
• Reports abuse to you or another adult caregiver
==================================================
Question: What are signs of child neglect?
Answer: • Is frequently absent from school
• Begs or steals food or money
• Lacks needed medical or dental care, immunizations, or glasses
• Is consistently dirty and has severe body odor
• Lacks sufficient clothing for the weather
• Abuses alcohol or other drugs
• States that there is no one at home to provide care
==================================================
Question: What are signs of child sexual abuse?
Answer: • Suddenly refuses to change for gym or to participate in physical activities
• Reports nightmares or bedwetting
• Experiences a sudden change in appetite
• Demonstrates bizarre, sophisticated, or unusual sexual knowledge or
behavior
• Becomes pregnant or contracts a venereal disease, particularly if under
age 14
• Runs away
• Reports sexual abuse by a parent or another adult caregiver
==================================================
Question: What are the 3 components of HIPAA?
Answer: 1. Portability standards that ensure the continuity of healthcare
2. Privacy standards that govern the disclosure of protected health information
3. Security standards that protect the development and maintenance of health information
==================================================
Question: Why was HIPAA established?
Answer: to protect PHI- protected health information
==================================================
Question: T or F? psychotherapy notes are treated differently than health records.
Answer: T, more discretion, clients do not have right to obtain copy under HIPAA
==================================================
Question: What is HIPAA's definition of psychotherapy notes?
Answer: That the notes are kept separate from the rest of the client chart
==================================================
Question: What would the Notice of Privacy Practices include?
Answer: • Information about treatment issues (e.g., the coordination or management of PHI with a third party
• Submission of PHI for Payment
• Exceptions to Confidentiality
• How Sensitive Health Information is handled
• Right of Access to medical records.
==================================================
Question: What is a central issue around advertising?
Answer: potential vulnerability of the client relative to the therapist. Vulnerability may include client insecurities, emotional problems, or lack of information about professional psychology services.
==================================================
Question: What does Tarasoff law entail?
Answer: therapist must warn the person whom the threat is advanced toward

-notify police
-warn victim
==================================================
Question: What does Ewing law entail?
Answer: The court did not differentiate between threats conveyed directly by the patient and those related by an immediate family member of the patient.
-hear from patient or family member
==================================================
Question: What is true of the Standard of Care?
Answer: 1. it is a legal concept
2. it is continually changing
3. it is derived from legal professional-communal principles
==================================================
Question: a therapist is seeing a woman for depression and her goal is to pay taxes back. The therapist is also a public accountant. The client asks to bring in her documents to the next session. What should the therapist do?
Answer: Refuse because it is outside her scope of practice
==================================================
Question: A new client seeks tx for addiction and depression after a break up from a therapist in private practice who specializes in relationship issues. The therapist agrees to see the client despite having limited training in substance use tx. The bx of the therapist is:
Answer: Unethical because the therapist is working outside her scope of competence
==================================================
Question: A therapist should honor a client's self-determination in all of the following scenarios except:
Answer: When the client is in danger of harming himself
==================================================
Question: In what situation would a therapist not be required to obtain informed consent?
Answer: the therapist is contacted by an adult patient who has SI and a plan
==================================================
Question: A therapist arrives at the office and sees a client has broken in and is looking through files. The therapist should:
Answer: call the police and inform them of the name of the client
==================================================
Question: In what situation does a client not have privilege?
Answer: When a client files a malpractice suit against the therapist
==================================================
Question: A client seeks tx from a therapist for anger after finding out about his partner's extramarital affair. In the first session he states he will do "whatever it takes" to get even. What should the therapist do?
Answer: Seek further clarification of the statement
==================================================
Question: A family comes to therapy and the 14 year old son has been found drunk twice. The son says in session, "I hate school. I get bullied everyday. You guys don't care. You just pray". What should the therapist assess next?
Answer: Son's risk of self harm.
==================================================
Question: A woman comes to therapy and discloses that she has been abused by her husband and that her children have been witness to the abuse for last 2 months. How should the therapist respond?
Answer: Develop safety plan with client
==================================================
Question: A therapist is contacted by a new client's conservator, which is the brother of the client who is dx with schizophrenia. The brother wants to be present in sessions to make sure the client is not lying and telling accurate information. What should the therapist do?
Answer: explore pros and cons of including the brother and set appropriate boundaries
==================================================
Question: A client submits a written request to access their records. There is not a clinical reason to withhold the records. What should the therapist do?
Answer: The client may inspect the records within 5 days, receive a tx summary within 10 days, or receive a copy within 15 days
==================================================
Question: in order to meet the standard of care in the event of the death of a therapist, the therapist should:
Answer: create an up-to-date professional will
==================================================
Question: A therapist must comply with HIPAA regulations if:
Answer: The therapist communicates electronically with patients
==================================================
Question: A couple seeks therapy for relationship issues. They want to use the wife's insurance and request the therapist bills insurance for individual tx of anxiety. The therapist agrees. The therapist's decision is:
Answer: unacceptable because it is illegal
==================================================
Question: A therapist attends a 2-day workshop on tx sexual disorders. Besides the workshop the therapist has no other training. After the workshop, he lists the Treating SexualDisorders as expertise. The action is:
Answer: illegal and unethical
==================================================
Question: A therapist has been seeing a client for 6 months but the client moves to WA. The client sees other therapists in WA but does not feel its a good fit and wants to continue services with therapist over the phone. The therapist agrees and reviews the tele therapy consent for tx. The action is:
Answer: illegal
==================================================
Question: A therapist receives a phone call from a prospective client. When is the therapist legally obligated to discuss fees?
Answer: prior to the onset of therapy.
==================================================
Question: a client dx with schizophrenia has been given a prescription for med by psych. the client stopped taking the med because of side effects. What should the therapist do?
Answer: refer the client back to the psychiatrist
==================================================
Question: A therapist discovers she attends the same church as a client. The client asks the therapist to accompany her on weekly church services. The client says it is hard for her to get around and does not have support nearby. There therapist should:
Answer: clarify professional boundaries
==================================================
Question: If a therapist is in a first session/intake with a client where they feel uncomfortable in working with the client due to sexual orientation. What should the therapist do?
Answer: Seek consultation with colleagues to discuss discomfort.
==================================================
Question: What should a therapist do when a client tells them they had a sexual relationship with a previous therapist?

==================================================
Question: A therapist in private practice has been seeing a client for three months and has not noticed a change in the client's sx or affect. The therapist should:
Answer: seek consultation from a an experienced colleague about the case
==================================================
Question: A therapist wants to submit a research article in a professional journal. The therapist submits an abstract proposing a study of panic disorders. What should the therapist do first?
Answer: Obtain informed consent from subjects
==================================================
Question: During supervision, the supervisee invites the supervisor to birthday party. The supervisor likes the supervised and would like to attend. The supervisor should:
Answer: acknowledge the invitation and desire to attend, but explain importance of professional boundaries
==================================================
Question: A woman has been in therapy for two years for depression. She would like to continue therapy in fear her life will go back to the way it was. What should the course of tx be?
Answer: discuss termination issues and gradually decrease the frequency of contact
==================================================
Question: Type abuse that is optional to report, a permitted report
Answer: Emotional abuse
==================================================
Question: Time in which written must be made in the case of suspected child abuse
Answer: 36 hours on Department of Justice forms
==================================================
Question: Time in which report of elder abuse, not in a care facility, required, both verbal and written reports
Answer: report must be made by phone ASAP and written report made in 2 working days
==================================================
Question: Time in which report of elder physical abuse is required, w/ serious bodily injury, when abuse is occurring in a long term living facility
Answer: 24 hours by phone to law enforcement, written report 24 hours to law enforcement AND local Ombudsman AND Long Term Care facility licensing board
==================================================
Question: Time in which report of elder physical abuse is required, with out serious bodily injury, when abuse is occurring in a long term living facility
Answer: ASAP by phone to local law enforcement OR local Ombudsman, written report within 2 business days to law enforcement OR Ombudsman
==================================================
Question: Headland vs Orange County
Answer: mental health worker is liable to foreseeable bystanders if worker does not for fill Tarasoff responsibility
==================================================
Question: Evidence Code 1024
Answer: gives mental health professionals permission to break confidentiality to prevent Cx harm to self, others or property
==================================================
Question: Release of Authorization can be revoked only when
Answer: Clinician receives written notification from the Cx requisition revocation
==================================================
Question: Length of time 2015 ruling determines clinicians must retain records after service termination date
Answer: 7 years after termination of service date
==================================================
Question: Length of time records of a minor are to be retained after service termination
Answer: Minimum of 7 years after Cx turns 18
==================================================
Question: Progress notes are
Answer: legal and held to standard of care
==================================================
Question: Process notes are
Answer: subjective and only for the professional to use and should be destroyed when no longer relevant and necessary to cx's Tx
==================================================
Question: Authorization to mental health services when parents are in an intact marriage
Answer: each parent can authorize Tx, however it is recommended that both be included
==================================================
Question: Authorization to mental health services when parents are divorced and have joint legal custody
Answer: both parents can consent to Tx
==================================================
Question: Authorization to mental health services when parents are divorced and one parent has soul legal custody
Answer: only parent with soul legal custody can consent to Tx
==================================================
Question: uthorization to mental health services when child is in Foster Care
Answer: the child's attorney can authorize consent to Tx
==================================================
Question: Length of time Care Givers Authorization Affidavit is valid
Answer: 1 year after the sign in date and can be revoked if the legal parent decides to consent or revoke Tx
==================================================

Answer: consent to their own Tx if the minor is 12+ years of age and mature enough to participate in therapy
==================================================
Question: Clinicians responsibility if Cx states that another therapist engaged in sexual activity with Cx
Answer: present the Cx with the brochure about sexual misconduct and therapy
==================================================
Question: Amount of continuing education hours a clinician must acquire within the initial license renewal period
Answer: at least 18 hours
==================================================
Question: Amount of continuing education hours a clinician must acquire within the 2 year license period
Answer: at least 36 hours, 6 of which obtain to Law and Ethics
==================================================
Question: Scope of Practice
Answer: all services defined by education and licensure a mental health professional is allowed to preform
==================================================
Question: Special Relationship
Answer: when one person is vulnerable and dependent upon another person ex: Cx/Clinician relationship
==================================================
Question: Standard of Care
Answer: average degree of skill, care and diligence practiced by members of the same profession, practicing in the same or similar locality
==================================================
Question: Definition of Law
Answer: formal code or decision established by a legislative body and interpreted by the courts, indicating what to do and not to do under a given circumstance
==================================================
Question: Three sources of legal obligation
Answer: statues and regulations, boards authorized by legislature, court cases
==================================================
Question: Examples of Gross negligence and incompetence
Answer: misrepresentation of a degree, reckless physical or mental harm, wrongful insurance billing, engaging in sexual relationships sooner then two years following termination of services
==================================================
Question: Definition of Ethics
Answer: ways considered "best" or "right" by standards established by professional organization
==================================================
Question: Patient Bill of Rights allows Cx to
Answer: request and receive information about clinicians background, fees and payment, length of therapy and subsequent care, limits of confidentiality seek 2nd opinion etc.
==================================================
Question: Definition of Privilege
Answer: Cx's right not to have confidential information revealed during legal proceedings
==================================================
Question: Supine
Answer: request for information
==================================================
Question: Court Order
Answer: requiring clinician present information requested
==================================================
Question: Quashed Supena
Answer: supena is null and void and no information is required to be turned over by the clinician. Cx asserts privilege and it is granted.
==================================================
Question: Waiving Privilege
Answer: Cx signs waiver and information is turned over to courts
==================================================
Question: Definition of Confidentiality
Answer: the legal and ethical requirement restricting the provider from giving information about things disclosed in Tx
==================================================
Question: Definition of physical abuse
Answer: physical injury or death inflicted by other than accidental means
==================================================
Question: Definition of sexual abuse
Answer: sexual assault, exploitation, rape, dude and lascivious acts, oral copulation, sexual penetration and molestation.
==================================================
Question: AB1775, law
Answer: law which make digital transmission of minors engaging in sexual activities illegal
==================================================
Question: Definition of neglect
Answer: maltreatment of Cx including malnutrition, willful endangerment, failing to protect from dangerous situations, failure to provide supervision
==================================================
Question: Definition of willful cruelty
Answer: permitting unjustifiable mental/ physical pain upon a child
==================================================
Question: Definition of elder
Answer: any adult 65 or older residing or who intends to reside in the state of California
==================================================
Question: Definition of a dependent adult
Answer: any person 18-64 residing in or intending to reside in California with physical, mental or financial limitations which restrict their ability to carry out normal activities of daily life, protect own rights and live independently
==================================================
Question: Definition of Tarasoff
Answer: duty to protect
==================================================
Question: End of life option Act
Answer: allows people 18 years and older to self administer a lethal dose of an aid in dying drug prescribed by Cx attending physician when a Cx has a terminal illness and will die within 6 months of diagnosis
==================================================
Question: Definition of Telehealth
Answer: practice of delivering healthcare, diagnosing, providing Tx and transfer of medical data using audio, video etc.
==================================================
Question: Ethical Standards

==================================================
Question: Scope of Competence
Answer: areas of skill or expertise a mental heath practitioner possess
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Question: Counter-transference
Answer: when the strong reactions f a therapist prevent practitioner from being able to adequately attending to the Cx needs/Tx
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Question: K1. Knowledge of laws regarding confidential communications within the therapeutic relationship.
Answer: B. Clarify for the family how your therapeutic work differs from religious counseling.

This response addresses your client's expectations about therapy and promotes a better understanding of the process.
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Question: K2. Knowledge of laws regarding the disclosure of confidential information to other individuals, professionals, agencies, or authorities.
Answer: B. Say nothing and continue seeing both clients while you monitor your counter-transference and ask colleagues for assistance with the case.

It would be important to have peer supervision or a paid supervisor in cases like this where counter-transference issues are bound to arise. An eventual referral for one or both clients might be necessary also.
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Question: K3. Knowledge of laws regarding holder of privilege.
Answer: D. Document your crisis interventions in the first session.

The laws about record-keeping require you to document any and all interventions.
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Question: K4. Knowledge of laws regarding privileged communication.
Answer: C. Maintain confidentiality.

Based on the information given in this question you would maintain confidentiality. Juan's threat is dependant upon the death of another person which eliminates the "imminence" that breaking confidentiality under Tarasoff requires.
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Question: K5. Knowledge of laws regarding the release of privileged information.
Answer: B. Decline to make an appointment and refer her to another therapist.

The woman who wants to become your client has a prior relationship with you as your child's piano teacher. This is an easily avoidable dual relationship since there are many other therapists that could help this woman.
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Question: K6. Knowledge of legal requirements for responding to subpoenas and court orders.
Answer: A. Help Hermoine with her crisis until her therapist returns.

Helping Hermoine with her crisis would be the only ethical way to proceed in this instance since her new therapist cannot be reached, and she has called you for help. Even though you had terminated and were no longer her therapist, when someone calls a social worker in crisis, the law presumes at that point the existence of a special relationship in which the therapist must act in the best interests and welfare of that person.
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Question: K7. Knowledge of legal criteria and requirements for providing therapeutic services to minors.
Answer: C. By telephone as soon as possible and in writing within two working days.

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Question: K8. Knowledge of laws regarding documentation of therapeutic services.
Answer: B. Tell minor clients how you will contact parents if you think there is an emergency.

Discussing the limits of confidentiality is an element of informed consent.
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Question: K9. Knowledge of laws pertaining to the maintenance/disposal of client records.
Answer: D. The client has the right to withdraw from the study at any time.

The client has the right to withdraw from the study at any time, and we as therapists, are to respect the client's wishes.
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Question: K10.Knowledge of laws pertaining to client's access to treatment records.
Answer: B. The client signed a waiver of privilege for the records.

No records would be disclosed until the client or the client's representative waived privilege.
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Question: K11.Knowledge of laws pertaining to the release of client records to other individuals, professionals, or third parties.
Answer: C. It is a legal principle that protects client conversations unless there is a court order.

Privilege is the legal right of the client not to have confidential information revealed during a legal proceeding. Only a client, judge or court order would challenge privilege.
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Question: K12.Knowledge of laws regarding the consent to and delivery of services via information and communication technologies.
Answer: D. Determine if you can deal with this client at this time.

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Question: K13.Knowledge of legal requirements of the Health Information Portability and Accountability Act (HIPAA).
Answer: D. Assessing whether a medication evaluation would be necessary.

From an ethical point (safety-minded) of view, a therapist would first need to consider all treatment modalities to help a client. In this case, that would include considering whether his anxiety is so severe that medication would help him benefit from therapeutic interventions.
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Question: K14. Knowledge of indicators of abuse, neglect, or exploitation of dependent adults.
Answer: C. Being arrested for shoplifting.

The law (Business and Professions Code 4982(a) says unprofessional conduct addresses licensees or registrants who have been "convicted" of an offense, not just arrested.
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Question: K15. Knowledge of laws pertaining to the reporting of known or suspected incidents of abuse, neglect, or exploitation of dependent adults.
Answer: C. Informing the couple of your "no secrets" policy

Informing the couple of your "no secrets" policy is solely an ethical responsibility.
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Question: K16. Knowledge of indicators of abuse, neglect, or exploitation of elderly clients.
Answer: A. Assist them with information you deem pertinent to the situation at hand.

In the event of a medical emergency it is permissible to give information to medical professionals that may be treating the client. Social workers are permitted to speak with other health professionals for purposes of treatment and diagnosis in recognition of situations such as these.
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Question: K17. Knowledge of laws pertaining to the reporting of known or suspected incidents of abuse, neglect, or exploitation of elderly clients.
Answer: B. Accommodate your fee since you've established a bond.

Because you've established a bond, accommodating your fee would be in the best interests of the client. If an accommodated fee cannot be agreed upon, then providing three low-cost therapy referrals would be appropriate.
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Question: K18. Knowledge of indicators of abuse/neglect of children and adolescents.
Answer: C. Engage Bobby in a therapeutic conversation.

The ethical standard is to speak with the colleague to try to rectify the issue first.
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Question: K19. Knowledge of laws pertaining to the reporting of known or suspected incidents of abuse/neglect of children and adolescents.
Answer: B. Make three referrals out of town.

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Question: K20. Knowledge of symptoms of mental impairment that may indicate the need for involuntary hospitalization.
Answer: A. Bill the insurer, indicating that the charge is for a missed session, and tell the client he/she is ultimately responsible for the fee.

It is legal and ethical to bill insurers for missed sessions as long as this is clearly indicated in the billing codes.
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Question: K21. Knowledge of protocols for initiating involuntary hospitalization.
Answer: C. Document your decision to meet individually with José.

An important legal obligation, since you are changing the unit of treatment from a dyad to individual treatment of a minor, is to obtain consent to treat a minor and document it.
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Question: K22. Knowledge of laws regarding confidentiality in situations of client danger to self or others.
Answer: C. It is unethical.

LCSW's do not use their professional relationships with patients to further their own interests.
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Question: K23. Knowledge of methods/criteria for identifying situations where client poses a danger to others.
Answer: C. The fee and the true name and license of the designated owner of the practice.

The fee and the name of the owner of the practice, if using a fictitious business name, are legally required disclosures at the onset of therapy.
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Question: K24. Knowledge of laws pertaining to duty to protect when client indicates intent to cause harm.
Answer: A. Legal if the therapist's informed consent information includes emergency contacts in the case that the therapist is unavailable.

Information about availability between sessions or in emergencies is an element of safety planning which is both a legal and ethical requirement.
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Question: K25. Knowledge of situations/conditions that constitute reasonable indicators of client's intent to cause harm.
Answer: A. Decline to supervise the intern.

Declining to supervise the intern is the best ethical choice given here (it is possible that with the proper ongoing consultation and responsible care, this particular dual relationship could be ethically acceptable). Although some dual relationships are considered unavoidable, particularly when there are limited choices, the ethics are less ambiguous in stating that supervisors do not take on current or former therapy clients.
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Question: K26. Knowledge of laws regarding privilege exceptions in litigation involving client's mental or emotional condition as raised by the client or client's representative.
Answer: B. Obtain consent-to-treat him if he changes from family therapy to individual telehealth therapy.

If he is in family therapy now, but changed to individual therapy, you would need legal consent-to-treat with a minor.
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Question: K27. Knowledge of laws regarding privilege exceptions where client alleges breach of duty.
Answer: B. You would need to assess for child abuse.

Under any circumstances in which the safety of a minor is at risk, your first legal obligation is to assess for child abuse.
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Question: K28. Knowledge of laws regarding privilege exceptions in court-appointed evaluation or therapy.
Answer: A. Review the fee policies outlined in your informed consent document.

Going over relevant fee policies such as the basis on which it is computed, sliding scale polices or fees for late cancellations constitutes sound ethical management.
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Question: K29. Knowledge of laws pertaining to privilege exceptions in defendant-requested evaluation or therapy.
Answer: A. That you will need them to sign an agreement to change the treatment plan.

Ethics do not require a signature on a treatment plan.
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Question: K30. Knowledge of laws pertaining to the reporting of crimes perpetrated against a minor.
Answer: A. Scope of competence.

Anything that interferes with a clinician's ability to perform to the standard of care would be a scope of competence issue.
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Question: K31. Knowledge of laws regarding privilege exceptions in crime or tort involving minors.
Answer: A. Consider whether you have the appropriate education, training and experience to accept this case. Also, look at the client's goals for coming to see you.

Before you take on a new case, you want to consider your level of education, training and experience to determine if you are capable of treating this client or if consultation is needed. Also, you need to consider this client's goals. If the client wants help with relationship issues, this is within your scope of practice, but if the client's needs are not relationship-oriented, then this case would be out of your scope of practice.
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Question: K32.Knowledge of laws regarding sexual conduct between therapist and client.
Answer: C. If the parents are divorced, review the custody papers. Determine whether one or both parents must consent.

Joint custody may require one or both parents to consent. You must look over the custody papers to review what the court mandates.
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Question: K33. Knowledge of legal requirements for providing client with the brochure Professional Therapy Never Includes Sex.
Answer: A. Having determined that the lawyer is the child's counsel, you would release your clinical records to her, and tell your client that you are doing so.

In custody or visitation proceedings, if a child is represented by an attorney, that person has the right to obtain a child's clinical records or to interview the assessing or treating social worker. Ethically, you would also discuss this confidentiality issue with your client.
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Question: K34.Knowledge of laws that define the scope of clinical practice.
Answer: A. Determine the family's understanding of the purpose of the therapy.

Ethically, you would want to clarify the client's purpose.
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Question: K35.Knowledge of laws that define professional conduct for licensed practitioners.
Answer: B. Refer the client back to the insurance company.

Clients who are referred by insurance companies should be referred back to the payor to get another referral. This way, they can be more sure that their sessions will be financially covered.
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Question: K36.Knowledge of laws regarding disclosures required prior to initiating therapeutic services.
Answer: A. You indicate to your client that she can give your number to the program coordinator.

This response is the best choice. By letting the program coordinator contact you, you can avoid exploiting the client in order to advance a relationship with the program coordinator.
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Question: K37.Knowledge of laws and regulations regarding third-party reimbursement.
Answer: B. Self-harm behavior.

Self-harm behavior is not a type of dependent adult and elder abuse. Welfare and Institutions Code defines dependent adult and elder abuse as knowledge or reasonable suspicion of the following: physical abuse, abandonment, isolation, neglect, financial abuse, and abduction.
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Question: K38.Knowledge of parity laws regarding the provision of mental health services.
Answer: B. Consult with professional peers regarding your discomfort.

You want to be aware of how your discomfort may impact the therapy and, as an initial step, deal with it through research and consultation with colleagues.
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Question: K39.Knowledge of laws regarding advertisement and dissemination of information of professional qualifications, education, and professional affiliations.
Answer: C. Change the diagnosis when you have confirmed it on any insurance forms.

To avoid fraud you would have to code the diagnosis you currently are considering and change it when necessary.
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Question: K40.Knowledge of legal requirements regarding payment or acceptance of money or other considerations for referral of services.
Answer: B. Notification to the person signing the agreement that they have a right to receive a copy of it.

An Authorization to Release Confidential Information form must contain a statement that the person signing the agreement is entitled to a copy of the agreement.
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Question: 3. A 17-year-old girl, Janet, is referred to you by her school counselor. Janet's nose, eyebrow, and tongue are pierced, and her hair is dyed green and yellow. Janet says that recently her twin brother Michael comes into her room at night and tries to "play sleep-over" with her. Janet tells you that a cute boy she met at a rave last week wants her to move in with him. She asks you not to tell her parents that she's seeing you because they're "extremely religious." How would you manage your ethical responsibilities if you were working with the entire family?

Content Area: Ethics: Therapeutic Relationship/Services
This question test your knowledge of the ethical issues that arise when treating a family unit.

A. Clarify for Janet that, as a victim of abuse, she can consent to her own treatment without her parents' permission.

B. Clarify for the family how your therapeutic work differs from religious counseling.

C. Review your fee policy, especially as this case involves various family members and religious issues.

D. Explain the limits of confidentiality to Janet with regard to sexual abuse.
Answer: A. Maintain confidentiality.

Claire is 18 and considered an adult. Thus, making a report would be breaching confidentiality. Social workers do not report historical abuse. Your legal obligation is to maintain Claire's confidentiality.
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Question: 8. Cherilyn, your client of six months, tells you that she's recently begun having an affair with Tony. As she discusses their affair, you realize that Tony is another one of your clients whom you've been seeing for the past year with his wife and two teenage children. In order not to contaminate the therapeutic relationship with Cherilyn or Tony, what would you do?

Content Area: Ethics: Professional Competence and Preventing Harm. This question checks your ability to make distinctions between difficult ethical choices and tests your understanding of dual relationships.

A. Gently terminate with Cherilyn without telling her why. This preserves confidentiality, and since you've been seeing Tony and his family longer, you owe them more professional allegiance.

B. Say nothing and continue seeing both clients while you monitor your counter-transference and ask colleagues for assistance with the case.

C. Call an attorney and discuss legal issues around dual relationships so you can determine the best action to take.

D. Continue seeing Cherilyn as usual. Ask Tony in for a private conference so you can ask about his commitment to his marriage and family, being careful not to break any confidences.
Answer: D. The surveys are offered at no cost, or fees for completing the surveys are disclosed before the client begins the survey.

If any fees are associated with clinical practice, social workers are legally obligated to disclose them before providing a service.
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Question: 10. Your client comes to a first session in a crisis. You do not have time for a full informed consent conversation, but you tell the client the fee and your license number. What is your legal obligation now?

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of informed consent and record-keeping.

A. Document your informed consent conversation within 5 days.

B. Document your informed consent conversation within 10 days.

C. Document your treatment plan now that the crisis has passed.

D. Document your crisis interventions in the first session.

This answer contains the basic steps you must take when you know of or have reasonable suspicion of elder abuse, and it shows good clinical management in processing any feelings your clients might have about their social worker filing a report.
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Question: 12. Your client Juan tells you that his brother, Jose, was stabbed to death a year ago by his cousin in a drug deal gone bad. Juan further states that he told his cousin that he intends to murder him for stabbing Jose, but he is going to wait until his aunt dies because she would be too upset by the death of her only son. He tells you that the cousin lives in another state, but he will find him when the time comes. In this situation, what is your legal responsibility?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of how to proceed legally in a possible Tarasoff situation.

A. Under the Ewing v. Goldstein decision you must contact the aunt and warn her about the threat to kill her son.

B. Under the Tarasoff decision you must call the police and warn the victim.

C. Maintain confidentiality.

D. This is privileged information and may not be disclosed without a subpoena.
Answer: D. Follow the guidelines as set forth in Section 1024 of the Evidence Code.

The Tarasoff Decision does not pertain to the protection of physical property. However, Evidence Code 1024 states that the social worker has a "right" to warn when property is threatened.
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Question: 17. Your child's piano teacher sees you at a P.T.A. meeting and says she's heard that you are a good psychotherapist and asks if she can make an appointment to see you. She says her mother recently passed away and that she is now her elderly father's caretaker. She says "the situation is bringing up a lot of anger" for her because her father sexually abused her when she was a child. In this situation, you should:

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of ethical behavior regarding potential dual relationships.

A. Report the abuse to Children's Protective Services.

B. Decline to make an appointment and refer her to another therapist.

C. Report the abuse to Adult Protective Services.

D. Make an appointment and try to help her work through the grief and anger issues.
Answer: A. Tell Mr. Milsap that you cannot honor his request.

Without the permission of the court or the party issuing the subpoena, a social worker may not produce a summary or alter (by omission or any other way) the treatment record subpoenaed.
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Question: 20. After 6 months of treatment with Hermoine, she says that she wants to see a therapist whose sexual orientation is different than yours. After processing this over the next two sessions, you have two additional termination sessions, give her three referrals and terminate the therapeutic relationship. Several weeks later, Hermoine calls you in crisis and says her new therapist is out of town and isn't returning her phone calls. She asks you to help her. What would you do?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your decision-making process.

A. Help Hermoine with her crisis until her therapist returns.

B. It is unethical for you to work with Hermoine once you have terminated treatment with her and she has begun treatment with a new therapist.

C. Tell Hermoine that you will not be able to help her since she has terminated treatment with you.

D. Tell Hermoine that she should find out who is taking calls for her new therapist and speak with that person.
Answer: B. Deny his request.

Given the limited information we have in this scenario, denying the request would be the best course of action until proper authorization could be obtained by the dead woman's legal representative.
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Question: 9. How should physical abuse of a dependent adult be reported by a mental health professional?

Content Area: Law: Limits to Confidentiality/Mandated Reporting
This question tests your understanding of the legal issue of reporting dependent adult abuse.

A. If there is serious bodily harm, within 24 hours.

B. By telephone within two working days and in writing as soon as possible.

C. By telephone as soon as possible and in writing within two working days.

D. By telephone as soon as possible and in writing within 36 hours.
Answer: A. Answer Miriam's questions.

Social workers must make a distinction between clinical interventions and ethical responsibilities. Clients have the right to such information as where the social worker went to graduate school, how long the social worker has been licensed, and if there are any areas of expertise and training. Such questions should not be treated as inappropriate or boundary violating and are part of the process of a client determining whether or not the social worker offers the kind of services the client wants or needs.
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Question: *18. When unable to reach a client by phone, a social worker texts the client's mother to tell her that her son is talking seriously about running away from home because of the step-father's abuse. She texts back to tell you that he is home safely but "thanks for the heads-up." What are the social worker's ethical obligations regarding the confidentiality of minors?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to handle informed consent about the limits of confidentiality in the treatment of minors.

A. Obtain written informed consent from the minor that allows texts to parents in an emergency.

B. Tell minor clients how you will contact parents if you think there is an emergency.

C. Tell minor clients that you will show them any texts from parents.

D. Obtain informed consent from parents about your mandates to break confidentiality.
Answer: B. The client.

In this situation, since Jennifer has introduced her emotional condition into the trial, her right to privilege MAY be waived. Since there is no indication that she or the court has waived her privilege, it continues to be held by her.
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Question: 20. You are conducting a research study on divorce. In the informed consent process, what information do you need to provide your clients?

Content Area: Ethics: Business Practices and Policies
This question assesses your knowledge of procedures when conducting research using human participants.

A. The importance of the client remaining in the study until the very end to maintain the validity of the study.

B. That dual relationships may be inevitable due to the nature of the study.

C. That any information obtained may be used in the study.

D. The client has the right to withdraw from the study at any time.
Answer: A. Report by telephone within 24 hours to law enforcement.

If physical abuse occurs in a long-term facility and does NOT result in serious bodily harm, a telephone report must be made to local law enforcement within 24 hours and a written report within 24 hours to law enforcement, the facility's licensing agency, and the ombudsman.
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Question: *21. If a social worker digitally recorded a session with a client and then receives a subpoena for records because the client is claiming emotional distress, the recorded session would be provided to the court if:

Content Area: Law: Limits to Confidentiality/Mandated Reporting
This question tests your knowledge of how to respond to a subpoena.

A. The client signed a release to record a session.

B. The client signed a waiver of privilege for the records.

C. The client signed a consent form allowing the session to be videotaped.

D. Digital recording must be disclosed with any records in a subpoena.
Answer: A. Assert client privilege.

By the process of elimination, "A" is the only correct answer. None of the other choices are legal requirements.
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Question: *22. A client is referred to you by his attorney. The client tells you that he is reluctant to talk to you because he doesn't want what he says in therapy coming out in court. Choose the statement that could BEST explain privilege to this client:

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of privilege. You must be able to distinguish between confidentiality and privilege as well as between law and ethics.

A. It is an ethical concept involving the right of a social worker to withhold information in a legal proceeding.

B. It is a legal and ethical principle which involves a restriction on the volunteering of information about a client.

C. It is a legal principle that protects client conversations unless there is a court order.

D. Attorney/client privilege extends to the client of a social worker that the attorney uses for referrals.
Answer: A. Specify any particular limits of confidentiality as they pertain to internet security and privacy.

There are no special mandated "limits of confidentiality" that pertain to telehealth, but privacy and confidentiality could be compromised in telehealth sessions, and therapists would have the ethical obligation to clarify those risks.
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Question: *23. A client who was referred by his rabbi comes in to see you for issues of grief related to the loss of his mother two weeks ago. Recently your mother died too. What would you do FIRST?

Content Area: Ethics: Professional Competence and Preventing Harm
This question tests your knowledge of how to manage counter-transference.

A. Talk about this situation in your own therapy.

B. Seek professional consultation.

C. Refer the client to another mental health professional who specializes in grief and loss issues.

D. Determine if you can deal with this client at this time.
Answer: A. Permissible under some circumstances.

Ethical standards say that social workers do not usually barter or are discouraged from doing this but the standards make allowances for doing business in communities where bartering is standard practice.
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Question: *24. Steven comes to you for help with debilitating anxiety. He says that his anxiety is beginning to interfere with his relationships and his job. He is afraid to drive his car because he thinks that he is going to hit someone. He doesn't know how he will ever take a girl out on a date or get to work if he doesn't get control over this. He thinks he should be able to get over this by himself. The therapist should begin by:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of ethical obligations when selecting treatment interventions.

A. Teaching him relaxation techniques and pairing those with thoughts and images of driving his car.

B. Explaining the benefits of a behaviorist approach for severe anxiety.

C. Documenting in an initial treatment plan the client's goals for treatment of anxiety.

D. Assessing whether a medication evaluation would be necessary.
Answer: C. If Suzanne falls behind in her payments, give advance notice if you plan to terminate therapy.

Reasonable notice of termination is required if you plan to terminate because a client has not paid.
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Question: *25. Which of the following is not considered by law to be unprofessional conduct by a social worker?

Content Area: Law: Legal Standards for Professional Practice
This question asks you to identify unlawful unprofessional conduct.

A. A conviction after pleading no contest to a DUI.

B. Thanking a friend for a referral by taking her out to dinner.

C. Being arrested for shoplifting.

D. Poor record keeping.
Answer: B. A client texts you that she is angry, that she has AIDS, and that she's going to put her "tainted blood in a syringe" and inject her partner tomorrow night.

The threat was conveyed to you by your client, and it represents a serious and imminent threat to commit physical violence against a reasonably identified other. Although the laws of confidentiality require that we not report an HIV-positive client whose intentional behavior is to infect others through sex, injecting another person with a syringe without their permission constitutes an act of violence.
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Question: 33. A couple comes in to see you for therapy. They are referred by the wife's individual therapist. The husband has recently discovered his wife has been cheating on him and he is unsure if he wants to continue the relationship. What is solely an ethical responsibility in treating this couple?

Content Area: Ethics: Therapeutic Relationship/Services
This question addresses your ethical responsibility in treating a couple.

A. Getting a signed release from both the husband and the wife to speak with the wife's therapist.

B. Designating a fee prior to the commencement of therapy.

C. Informing the couple of your "no secrets" policy.

D. Having the wife sign a release to speak with her therapist.
Answer: B. Charge Andy and have him contact the insurance company.

Billing the client, and letting him seek reimbursement from the insurance company is correct. This choice puts the responsibility on the client, where it belongs.
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Question: *36. You get a call from the emergency room regarding one of your clients who was brought in by the PET team and is incoherent, delusional, and unstable. While they were going through his belongings they found his driver's license and your card. The psychiatrist on call wants to know if you can give them any information about this person that might be helpful. You would:

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of how to protect client safety and confidentiality at the same time.

A. Assist them with information you deem pertinent to the situation at hand.

B. Inform them that you cannot confirm or deny if this person is your client.

C. Tell them that they will have to obtain a release signed by the client and fax it to you before you can disclose any information.

D. Ask to speak with your client before disclosing any information.
Answer: D. Assess the motivation behind the gift.

Assessing the motivation and the value of a gift is very important in determining whether you should accept it or not. What needs to be determined is whether the act of giving the gift supports Mrs. Bailey's therapeutic process and needs.
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Question: *38. You contract with a family for ten sessions, as that is all their insurance would cover. After the ten sessions they want to continue therapy but can't afford your full fee. What would you do next?

Content Area: Ethics: Therapeutic Relationship/Services
This question addresses your management of insurance clients with limited coverage, your sensitivity to the ethical concerns of client abandonment and ethical standards.

A. Refer them to a low-fee clinic.

B. Accommodate your fee since you've established a bond.

C. Terminate with the family since you have met the terms of the contract.

D. Assess their motivation for continuing therapy.
Answer: D. Obtain consultation from each doctor about his case.

The best answer choice from an ethical point of view would be to speak with each doctor. This is a scope of competence question that tests your knowledge of how to utilize consultation.
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Question: *39. Cheryl and Bobby are in joint private practice. Cheryl is concerned that Bobby is becoming burned out but Bobby won't reduce his caseload. It would be appropriate for Cheryl to:

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of how to assess and address other professionals' competence if it endangers clients.

A. Avoid making any referrals to Bobby.

B. Offer to take some of his caseload.

C. Engage Bobby in a therapeutic conversation.

D. Report Bobby to a regulatory body.
Answer: B. The advertisement must indicate the full name of the licensee and the complete license number.

It is a legal requirement that the LCSW's full name and license number or associate's registration number be on the advertisement.
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Question: *44. Your client, Liz, is a 17-year-old female who is leaving for college out of town at the end of the month. She was molested by her uncle as a young child and is working through these issues with you. She has developed a close working relationship with you and wants to continue to work only with you. You would:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of the legal issues that pertain to treating clients who are moving.

A. Consult with a colleague about transference/counter-transference issues.

B. Make three referrals out of town.

C. Plan for weekly, hourly phone sessions with you.

D. See her on school breaks.
Answer: C. Limit the informed consent conversation to the legal requirements (fees, your business name and license) and proceed with crisis interventions.

Ethically, you cannot avoid informed consent even in a crisis. So it would be ethical to give the client the legally required information and meet any crisis needs immediately.

54. All of the following would represent a permitted breach of confidentiality without the need for a client release EXCEPT:

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of instances in which we are permitted OR mandated to break client confidentiality.

A. Filing a child abuse report.

B. Ensuring safety for a suicidal client.

C. Responding to a CPS caseworker's request for family history following a child abuse report.

D. Calling the police to notify authorities that your client is leaving your office intoxicated and driving a motor vehicle.
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Question: *45. Your client missed a regularly scheduled appointment. Your policy, made clear to the client in your informed consent document, is that clients will be billed for missed appointments. The client asks you to bill the insurance company. What would you do?

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of appropriate billing procedures.

A. Bill the insurer, indicating that the charge is for a missed session, and tell the client he/she is ultimately responsible for the fee.

B. Explain that billing insurance for missed sessions is insurance fraud.

C. Let it go, since by law, insurers cannot be billed for missed sessions and clients with insurance are not required to pay out of pocket.

D. Bill the insurance company for the session.
Answer: C. Responding to a CPS caseworker's request for family history following a child abuse report.

A social worker is not permitted to respond to a CPS caseworker's follow-up inquiries without a written request if the request does not specifically pertain to the child abuse report.
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Question: *50. José, a 14-year-old Mexican-American boy, comes to therapy with his mother. He presents with a flat affect and avoids eye contact during the initial assessment session. During the assessment process, José remains quiet as his mother provides a list of José's symptoms and behaviors that she would like you, as the social worker, to address. Before the initial assessment session comes to an end, José requests that you meet with him individually from now on. After deciding that it would be appropriate to schedule individual sessions, what is your legal obligation?

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of the legal obligations that pertain to documentation.

A. Assess whether the absence of Jose's father is having an impact on his behavior or this session.

B. Refer his mother for individual therapy to avoid abandoning her as part of the treatment unit.

C. Document your decision to meet individually with José.

D. Ask his mother to sign a new consent form for him to be treated individually.
Answer: D. Proceed with the session and carry out your duty to protect, per Tarasoff, if he identifies the potential victim.

This is what you would have to do. At this point, the well-being of the intended victim outweighs the ethical concerns about informed consent.
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Question: *52. After your session with Scott, you decide to buy $10,000 worth of the stock that he was talking about. In a short time the stock tailspins to 10% of its initial price offering. How would you characterize the social worker's action?

Content Area: Ethics: Professional Competence and Preventing Harm. This question assesses your sensitivity to the issues of professional boundaries and dual relationships.

A. It is illegal and unethical.

B. As the social worker did not solicit the information, the social worker was free to purchase the stock.

C. It is unethical.

D. It is unethical if it interferes with the nature of the therapeutic relationship.
Answer: B. The content of the therapy notes may have a harmful effect on Marsha's psychological well-being.

If releasing the content of therapy notes will result in a negative impact on the minor's physical safety and/or psychological well-being, then the social worker has a right to refuse a parent's inspection of the records.
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Question: *53. What is a social worker legally required to disclose to a client at the beginning of treatment as part of the ethical obligation for informed consent?

Content Area: Ethics: Therapeutic Relationship/Services
This question reviews your knowledge of the legal and ethical aspects of informed consent.

A. The fee, the true name and license of the designated owner of the practice, and the limits of confidentiality.

B. The fee and the type of license held by the social worker and the expiration date of a release authorization.

C. The fee and the true name and license of the designated owner of the practice.

D. The fee, the type of license held by the social worker, and limits of confidentiality.
Answer: C. A client accused of assault and battery uses insanity as a defense in court.

If insanity is used as a defense for a crime, then the client may have waived his or her right to privilege.
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Question: 56. A therapist who performs telehealth advertises that the main advantage of internet therapy is that the client can reach a therapist in real-time. "If crises come up or just a quick question, online therapy can meet your needs right away." This advertising is:

Content Area: Law: Legal Standards for Professional Practice. This question pertains to your knowledge of the legal parameters for advertising on the internet.

A. Legal if the therapist's informed consent information includes emergency contacts in the case that the therapist is unavailable.

B. Legal if telehealth is within the therapist's scope of practice.

C. Unethical because online therapy cannot be used in a crisis.

D. Unethical because clients will expect a social worker to be available 24/7.
Answer: C. Engage him in a discussion of his motivation and past efforts.

In the initial stages of therapy, the establishment of trust and rapport is a crucial component to successful work, which "C" embodies as it deals with the presenting problem and the underlying emotions associated with it.
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Question: *63. Eli has relocated his psychotherapy practice from a big city to a small town. In addition to seeing clients in his office, he also takes a job as a supervisor of interns at the town's only community counseling clinic. In his second week at the clinic Eli is given a list of new interns he will be supervising and one of the interns assigned to him is a client in his private practice. This client does not know that Eli supervises at the clinic. What should Eli do?

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge regarding supervision and dual relationships.

A. Decline to supervise the intern.

B. Ask the client to choose between having Eli as a social worker or a supervisor.

C. Terminate the therapy since it conflicts with Eli's role as a supervisor as well as the client's desire for training and career advancement.

D. Proceed as a supervisor since this is a case of an unavoidable dual relationship.
Answer: C. Command auditory hallucinations telling the client his/her food is poisoned and s/he cannot go home.

A client who cannot access food and housing due to mental illness, such as psychosis (auditory hallucinations), would be considered gravely disabled.
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Question: *65. You are treating a family of four in therapy. The oldest child, age 17, suggested that you do telehealth sessions with him. Legally, in order to do this you must:

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of the legal parameters for the use of telemedicine/telehealth.

A. Obtain written consent-to-treat from him because he is age 12 and older, to change the treatment plan.

B. Obtain consent-to-treat him if he changes from family therapy to individual telehealth therapy.

C. Legally obtain informed consent with the whole family to change the treatment plan.

D. Determine your fee schedule for a different medium.
Answer: D. Tell him that you will not be able to help him quit smoking.

Using hypnotherapy to help Christopher stop smoking would have to be within the context of therapy, and not as a stand-alone treatment. Otherwise, it is outside the scope of practice.
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Question: *69. Your 16-year-old client has been working on gender issues since you started treatment when he was 15. He was referred to you by his high school because he was being bullied for wearing women's make-up and shoes. Legally, what would be your first concern?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of legal requirements when treating minors.

A. You would need to get consent from his parents because he is being abused at school.

B. You would need to assess for child abuse.

C. You would need him to sign a release to speak with his school.

D. You would need to assess for possible suicidal ideation.
Answer: D. Advise her to call her lawyer.

Your only obligation in this situation is to maintain confidentiality and assess for a possibility of a crisis interventions. If the client is not afraid that the father will harm the children, she needs to call her lawyer to pursue legal options.
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Question: *73. Audrey, age 32, comes into your office while her father, Carl, and her 4-year-old daughter Brittney stay in your waiting room. Audrey tells you that she recently lost her job after her car broke down. Now she and Brittney live with her father, Carl, and she asks, "Can I pay you when my 'ex' pays his overdue child support?" How would you manage the ethical issue of fees?

Content Area: Ethics: Business Practices and Policies
This questions test your knowledge of the ethics that pertain to fees, fee disclosure and fee management.

A. Review the fee policies outlined in your informed consent document.

B. Disclose your fee prior to providing therapy or as soon as practically possible.

C. If you see Audrey alone and her father is paying, explain that she must collect the fee from him and then pay you.

D. Discuss Audrey's request that you wait to be paid until the 'ex' pays his overdue child support.
Answer: D. If you have any concerns for the client's safety, tell the client about the limits of confidentiality related to dependent adults.

If you have concerns about a dependent adult's safety, you are legally and ethically obligated to inform the CLIENT about the limits of confidentiality. Although "Consent To Treat" came from the conservatorship, the client's rights to confidentiality are still relevant.
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Question: *82. A lesbian couple that you have been seeing asks you about Emotionally Focused Therapy. One of the partners tells you that she saw it on a daytime talk show and would like to see if it can help them. What should you NOT tell them if you feel competent to do this kind of therapy?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to ethically change the treatment plan, which requires informed consent from clients.

A. That you will need them to sign an agreement to change the treatment plan.

B. The risks and benefits of this type of therapy.

C. How you will help them determine new treatment goals that fit with EFT.

D. Your skills and experience in working with EFT.
Answer: C. Inform George that he will still need to pay you for therapy, but that you are willing to adjust your fee if necessary.

Giving clients information about payment is a legal and scope of practice issue.
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Question: 92. Cheryl and Bobby are in a joint private practice. Cheryl is concerned that Bobby is becoming burned out but Bobby won't reduce his caseload. Cheryl tells Bobby that she won't make any more referrals to Bobby. If Bobby decides to get some outside support, he is ethically managing his:

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of different ethical principles.

A. Scope of competence.

B. Counter-transference.

C. Dual relationship.

D. Scope of practice.
Answer: D. Maintain confidentiality.

YOUR only legal obligation here is to protect your client's confidentiality.
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Question: 98. You just received a referral from a local psychiatrist. The client suffers from a severe psychotic disorder and must take psychotropic medications. You have never treated anyone with a chronic mental illness in your private practice before so you must:

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of standards for ethical client treatment.

A. Consider whether you have the appropriate education, training and experience to accept this case. Also, look at the client's goals for coming to see you.

B. Let the doctor know you appreciate the referral, but you are out of your scope of practice in taking on this particular client.

C. Find a supervisor to assist and guide you in working with this client so that you are covered legally.

D. Tell the doctor that you would like to take this case and are prepared to research this diagnosis and work closely with him so that you might effectively treat the client and expand your capabilities as a clinician.
Answer: C. You are mandated to report this situation to a children's protective agency.

This is a mandated report because the social worker has reasonable suspicion of neglect based on the doctor's medical diagnosis. Although the parents have consulted with a doctor, their decision to not seek care based on the doctor's findings constitutes reasonable suspicion of medical neglect.
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Question: 104. A 6-year-old child has been brought in by his mother for counseling. She wants you to explain to him why he is in therapy because she feels like she doesn't have the right words, and it could scare him. How do you handle obtaining consent for the child?

Content Area: Law: Confidentiality, Privilege, and Consent
This question concerns consent to treat a minor and custody.

A. If the parents are divorced, review the custody papers. Joint custody means both parents must consent.

B. Determine the marital status of the family. If the parents are still married, then both must consent.

C. If the parents are divorced, review the custody papers. Determine whether one or both parents must consent.

D. If the parents are divorced, review the custody papers. Either parent may consent if they are the biological parent.
Answer: D. Ask her to get you quickly up to date on her general treatment so far.

Ethics require an action directed toward the client's immediate safety. You would need to know how "serious" her situation is before determining the next step
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Question: *105. A social worker has been treating Mikey, age 12, for the last 8 months. He has been dealing with feelings of depression and tells you that he is not doing well in school. He tells you that his parents recently filed for divorce, and he does not know with which parent he wants to live. A few weeks later, you receive a call from an attorney who tells you that she was appointed to represent Mikey in the divorce proceedings. She is requesting a copy of your records. How do you respond in this situation?

Content Area: Ethics: Therapeutic Relationship/Services
This question involves legal and ethical issues related to the release of clinical records.

A. Having determined that the lawyer is the child's counsel, you would release your clinical records to her, and tell your client that you are doing so.

B. Ask Mikey if he would sign a release to allow you to release the records to the attorney because ethically, you must act in his best interests.

C. Release records with both parents' authorization if it is in Mikey's best interests to do so.

D. Do not speak with the attorney because your client's confidentiality is the more important ethical obligation in this instance.
Answer: C. Discuss any suspicions that would validate terminating the client.

A client's potential violence would not be a reason for terminating the client. It might be a reason, however, for breaking confidentiality.
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Question: *107. Chong-Wook and Dae-Sup, a Korean-American couple in their mid-thirties who work as computer programmers, come into your office with their six-year-old adopted son, Chin-Hae. Chin-Hae's school counselor referred them to you. During the session, Chin-Hae appears restless and interrupts frequently. Chong-Wook's speech sounds slurred, and he says that he can hardly wait until Chin-Hae is in bed each night, so that he can drink some sho-chu to unwind. Chong-Wook tells you that "the fee won't be a problem, the fee is covered under the overall adoption agreement." What are your ethical obligations?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of ethical obligations.

A. Determine the family's understanding of the purpose of the therapy.

B. Determine the identified patient and tell Chong-Wook and Dae-Sup the fee before the first session.

C. Determine the identified patient and refer to a pediatrician.

D. Tell Chong-Wook and Dae-Sup the fee at the first session, and explain that you may need to consult with the school counselor and adoption agency.
Answer: A. Maintain confidentiality.

Mental health professionals licensed in California are only mandated reporters of Elder and Dependent Adult abuse if the victim is a resident of the state of California. Maintaining confidentiality is your legal obligation.
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Question: 110. A social worker works for a managed care panel and receives most of her clients by referrals from the managed care company. A client comes for a first session, and the social worker realizes that the client has treatment expectations that are out of her scope of competence. What should the social worker do?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to manage your ethical and legal obligations when a client is out of your scope of competence.

A. Speak with the insurance company about her scope of competence.

B. Refer the client back to the insurance company.

C. Refer the client to a colleague who can meet his needs.

D. Collect the co-pay but do not bill for the session.
Answer: B. Refer him to an MD.

Overuse of pain medications and back pain would require a medical referral.
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Question: 112. A client you have been treating, who is also a social worker, says that she was contacted by a program coordinator of a local PTA to give a talk on the emotional effects of earthquakes on children. She does not feel qualified to give the talk. Knowing that this is an area of expertise that you have, she inquires if you would be interested in doing this. What would be your response to this situation?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of dual relationships.

A. You indicate to your client that she can give your number to the program coordinator.

B. You thank her for thinking of you, but you refuse the offer to avoid a dual relationship.

C. You tell her that you are interested and ask her to set up a meeting between you and the program coordinator.

D. You wait until you terminate therapy and then remind your former client of her previous offer.
Answer: D. Decline the painting and suspend treatment until Ronald pays you a significant amount towards reducing the balance due.

Although this may not be a perfect solution to the problem, it does reinforce boundaries, stop the balance from getting higher, and suspend treatment in a situation in which professional judgment may be impaired and in which the client may feel exploited (as a debtor, Ronald may not feel capable of participating openly and honestly in therapy).
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Question: 115. Which of the following is NOT a type of dependent adult and elder abuse?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of the parameters of elder and dependent adult abuse.

A. Abandonment.

B. Self-harm behavior.

C. Isolation.

D. Abduction.
Answer: A. Assert privilege.

If you are unable to contact your client, you must continue to assert privilege. You do not know what is in the client's best legal interests so all you can do is continue to assert privilege.
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Question: *117. You recently get a new, male client who is visually impaired. You've never worked with a client with a physical disability and are feeling a little uncomfortable with the client when he is sitting in the room. What is the best way to handle your discomfort?

A. Let the client know of your discomfort and ask if he would prefer a different therapist.

B. Consult with professional peers regarding your discomfort.

C. Deal with your counter-transference in your own therapy.

D. Do research on blindness to help you with an understanding of your client's needs.
Answer: B. Open a separate file if the client was in family therapy before.

Maintaining treatment files for different units of treatment is a legal obligation.
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Question: *120. You have been treating Anita for three sessions for depression and relationship issues. You are considering a diagnosis of Major Depression and other DSM-5 diagnoses. You are not sure which is appropriate yet. Legally:

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of how to work within your scope of practice.

A. Do not treat the client unless your advertising indicates that you have expertise with depression or mood disorders.

B. Consider whether it is in your scope of competence to work with depressive disorders.

C. Change the diagnosis when you have confirmed it on any insurance forms.

D. Do not submit insurance billing until you have confirmed a diagnosis.
Answer: False, limits to confidentiality include suicide, homicide, and child abuse
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Question: *125. Some clients are referred to social workers by other helping agencies and collaboration advances client welfare. Your new client tells you that she signed a release with the agency that referred her to you. You ask her to sign your release as well. Which of the following must appear on the release?

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of the legally required elements of release authorization.

A. A "Notice of Privacy Practices" if the client is a "covered entity" under HIPAA.

B. Notification to the person signing the agreement that they have a right to receive a copy of it.

C. It must include an expiration date established by the client.

D. It must state the client's diagnosis and reason for approving the release authorization.
Answer: True
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Question: *130. An 18-year-old woman named Claire, states in her first session that she's thrilled to be out of her home and to be away from "that monster of a father," whom she says sexually abused her since she was 15. She tells you she has a two younger siblings who still live at home. What is your legal obligation?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question assesses your knowledge of legal obligations surrounding confidentiality.

A. Maintain confidentiality.

B. File a child abuse report for the abuse that Claire suffered since 15.

C. File a report with CPS for reasonable suspicion of abuse for Claire's younger siblings.

D. Ask Claire to sign an authorization to speak with her siblings to determine if they are safe.
Answer: True
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Question: 131. As part of his telehealth practice, a social worker offers quick assessment surveys online to help potential clients decide if they want therapy. The surveys do not ask for any identifying information. The social worker has access to the results of the surveys but does not ask for the name of the consumer, to avoid the appearance of solicitation. This is legal if:

Content Area: Law: Legal Standards for Professional Practice. This question pertains to your knowledge of legal types of advertising and fee arrangements.

A. He provides referrals for any online survey respondents who are in a crisis.

B. He also offers the survey to current clients at no cost.

C. He advertises that the online assessments are consistent with DSM standards.

D. The surveys are offered at no cost, or fees for completing the surveys are disclosed before the client begins the survey.
Answer: False, this would be out of scope of practice
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Question: 147. During a session with a couple in their 70's, you notice the man has a bruise on his head, and the woman tearfully admits that she loses her temper and hits him with pots and pans. In clinically managing the legal issue of elder abuse, how would you proceed?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your ability to balance your reporting responsibilities with your clinical need to maintain a safe therapeutic environment.

B. When the two are not in the room, call up an agency designated to take such a report, follow it up with a written report within 2 working days, create a "no violence plan," and refer to a support group.

C. Create a "no violence plan," teach time-outs, arrange for a support group, and if those interventions don't work, call an agency designated to take such a report.

Answer: false
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Question: 1. Roger Kelly has been coming into work late, borrowing money from other employees, and creditors had begun calling him at work regarding overdue bills. He was recently fired from his job because of inadequate performance after a physical altercation with another employee. His boss terminated him and indicated that his recent change in attitude, unpredictable behavior, and job performance would have caused him to be terminated in any case. Roger is so angry about the termination that he threatens to sabotage several machines at the record-pressing factory. How should the social worker proceed?

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of Section 1024 of the Evidence Code.

A. Maintain Roger's confidentiality.

B. Warn the manager of the factory because this is analogous to a Tarasoff situation.

C. Ethically, the social worker may choose to break confidentiality according to the Landeros vs. Flood decision.

D. Follow the guidelines as set forth in Section 1024 of the Evidence Code.
Answer: The services that a social worker can legally preform under a specific license
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Question: 2. Your lawyer calls you to warn you that you may receive a subpoena for the complete treatment record of Mr. Milsap, who you have been treating for five years. Two months ago, Mr. Milsap received minor injuries in an accident at work in which three people were killed when a fully loaded forklift overturned. Mr. Milsap is suing for negligence and claiming severe emotional damage, including PTSD. When you tell Mr. Milsap about the subpoena, he is frantic since he doesn't want anyone to know about the brief affair he had with his secretary four years ago, which is documented in your treatment records. He asks that you submit a summary of information relevant to the accident and his PTSD or to omit from the records information about the long-ago affair. How should you respond?

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of how to legally retain records.

A. Tell Mr. Milsap that you cannot honor his request.

B. Submit a summary of the records related to the accident and the PTSD.

C. Supply the treatment records as requested, but omit information of the long-ago affair, in accordance with the laws of privilege.

D. Contact the court and seek a waiver to narrow the scope of the subpoena in order to protect your client's confidentiality.
Answer: Their expertise, education, and training.
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Question: 4. Three months after the death of Danielle, whom you treated for several years, you receive a written request from Arthur, her husband of 32-years, asking for access to his late wife's files. You saw them conjointly for a few sessions when Danielle requested he be there. How would you proceed?

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge regarding who has access to a client's records after their death.

A. Assert privilege.

B. Deny his request.

C. Allow him to inspect the records.

D. Provide a summary or a copy of the records.
Answer: Competency means you have acquired expertise in an area within LCSW scope of practice. Generally competency is gained through education, training, and experience.
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Question: 11. Miriam, a 52-year-old car saleswoman, is referred for therapy by her doctor after Miriam told him that her boyfriend broke up with her and told her that she has trouble respecting other people's boundaries and is too interpersonally aggressive. From the beginning of treatment, Miriam asks the social worker many questions about the social worker's relationships, family, hobbies and interests, and taste in music and movies. At the fifth session, Miriam asks the social worker where she went to graduate school, how long she has been licensed, and if she has any areas of expertise and training. How should the social worker respond to the questions Miriam is now asking?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of the elements of informed consent and a social worker's ethical responsibility to obtain informed consent from clients.

A. Answer Miriam's questions.

B. Do not answer Miriam's questions and explore her reaction to the social worker's boundary setting.

C. Ask Miriam if she has concerns about the social worker's competence and experience.

D. Remain silent and allow Miriam to do her own processing as part of learning to respect others' boundaries.
Answer: You should refer the client to another professional. This way you are only providing one type of service to a client (thereby avoiding a dual relationship)
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Question: 12. You have been treating Jennifer who has had difficulties establishing and maintaining intimate relationships with men. Several months into treatment, she was arrested for an attempted murder of a male celebrity. In her trial, Jennifer is pleading not guilty by reason of insanity. Who holds the privilege for Jennifer's therapeutic records?

Content Area: Law: Confidentiality, Privilege, and Consent
This question checks your comprehension of privilege.

A. The social worker.

B. The client.

C. There is no privilege.

D. The judge.
Answer: Whenever it's in the best interest of the client.
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Question: 13. You are seeing a 45-year-old woman in treatment. She lives with her mother, age 71, who has Alzheimer's Disease and lives in a residential facility for ongoing medical care. She tells you in session that at one point, the nursing staff kept her mother in bed for three weeks. You would:

Content Area: Law: Limits to Confidentiality/Mandated Reporting. Your knowledge of reporting mandates for elder abuse is being checked.

A. Report by telephone within 24 hours to law enforcement.

B. Report immediately to Adult Protective Services by phone and follow-up with a written report within 36 hours.

C. Report by telephone immediately to law enforcement.

D. Refer her to a support group for caretakers, arrange for respite care, and work with her on issues of grief and loss.
Answer: Refer the client to a doctor to discuss sleep medicine.

scope of practice. LCSW cannot make medicine recommendations.
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Question: 19. Your client, a 19-year-old mechanic, confides to you that he recently participated in a robbery. Two weeks later, you are served with a subpoena for information about this client's treatment. You attempt to reach your client but are unable to do so. Legally, you must:

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your legal requirement regarding a subpoena.

A. Assert client privilege.

B. Notify your client of this subpoena.

C. Turn over all records as per the subpoena.

D. Notify the client's attorney that you cannot reach the client.
Answer: Refer to doctor to rule out medical concerns, reframe as communication issue, or refer to sex therapist.

Scope of competency. Therapist does not have expertise is sex therapy
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Question: 23. A social worker has decided to offer telehealth as part of her practice. Ethically, the therapist should:

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of how to ethically manage the limits and risks of telehealth.

A. Specify any particular limits of confidentiality as they pertain to internet security and privacy.

B. Avoid a dual relationship by making clear when she is available on the internet and when she is not.

C. Charge and disclose an equivalent fee for telehealth as for in-person sessions.

D. Anticipate an unavoidable dual relationship that could arise if in-person clients also receive telehealth services.
Answer: False, hypnotherapy is in scope of practice but may not be in scope of competence.
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Question: 24. George has been referred to you by his doctor for anxiety-related issues. He tells you that while he really wants to be in therapy, he can't afford it right now and asks if it would be okay if, instead of your fee, George will give you credit in the amount of your fee at the grocery store he owns in the small rural community where you both live. Ethically this would be:

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of dual relationships.

A. Permissible under some circumstances.

B. Inadvisable under all circumstances.

C. A prohibited dual relationship.

D. Bartering, which is prohibited by ethical standards.
Answer: False, that would define scope of competency not scope of practice
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Question: 37. Your new client, Suzanne, age 38, says her life feels out of control, and that she is considering getting a divorce. She is not sure she wants to keep coming to therapy. After a session, her husband Bud leaves a telephone message in which he says if Suzanne leaves him, he will kill himself. He asks that you call him back. How would you clinically manage your ethical responsibilities?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of the ethical obligations as they pertain to termination and referrals.

A. Explain to Bud your "no secrets" policy and that you will have to disclose to Suzanne that he called you.

B. Offer to Suzanne that she include Bud in a session but inform her of the risks and benefits first

C. If Suzanne falls behind in her payments, give advance notice if you plan to terminate therapy.

D. Assess Bud for suicide because you are in your professional capacity.
Answer: True, get consultations based on client need.
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Question: 38. Which of the following represents a Tarasoff situation?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of conditions that would impose a Tarasoff duty to protect situation.

B. A client texts you that she is angry, that she has AIDS, and that she's going to put her "tainted blood in a syringe" and inject her partner tomorrow night.

C. A client tells you that her husband is "totally fed up with his supervisor" and is going to disfigure the man's face with a chemical solution.

D. A man, who just bought a semi-automatic rifle, tells you that he is going to go on a freeway overpass and randomly shoot at passing cars.
Answer: Department of Consumer Affairs (DCA)
Board of Behavioral Sciences (BBS)
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Question: 40. Andy, a 42-year-old actor, missed his last session. The Motion Picture Industry Pension and Health Plan pays for a portion of his sessions. How should you go about collecting his missed session fee?

Content Area: Law: Legal Standards for Professional Practice. This test item focuses on legal insurance billing procedures.

A. Bill Andy for the co-payment and indicate the cancelled session code with his insurance.

B. Charge Andy and have him contact the insurance company.

C. Bill the insurance company with the 50-minute code as usual.

D. Bill Andy for the co-payment and indicate the 50-minute code.
Answer: NASW, BBS, and the legal system (either civil or criminal).
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Question: 43. Mrs. Bailey sees the photograph of your dogs in your office and brings you a basket of dog treats. How would you respond to her gift?

Content Area: Ethics: Business Practices and Policies
This ethical question regarding gifts tests your sensitivity to the issue of professional boundaries and dual relationships.

A. Accept the gift in the spirit in which it was given.

B. Take one of the treats as a gesture and return the rest.

C. Thank her for her thoughtfulness and decline the gift.

D. Assess the motivation behind the gift.
Answer: True. BBS has many resources to help you do so.
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Question: 46. A psychiatrist refers you a client with severe anxiety. The day before an intake session, the client calls you to ask if he can see you right away because he is afraid he will take all of the anti-anxiety medication he owns. He tells you that he is actually seeing three different doctors to get as much medication as he can. In collaborating with his doctors, which of the following would be the most ethical approach?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to collaborate and consult according to ethical (rather than legal) standards.

A. File three separate releases in the client's file.

B. Tell him that you plan to speak to all of his doctors with or without a release.

C. Ask him which doctor he would prefer that you talk to.

D. Obtain consultation from each doctor about his case.
Answer: A therapist's responsibility to breach confidentiality if a client threatens an identifiable person.
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Question: 49. Guidelines regarding advertising state that social workers must advertise in a way that is honest and not misleading. Which of the following is a true statement regarding advertising policies?

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of advertising principles associated with LCSW practice.

A. A prelicensed social worker may not use the term "psychotherapist" on a business card.

B. The advertisement must indicate the full name of the licensee and the complete license number.

C. It is not permissible for an LCSW to use "Ph.D." if s/he is not a psychologist.

D. A social worker cannot use the term "Psychotherapy" on a business card.
Answer: Tarasoff v. Regents of the University of California
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Question: 53. Maxwell, age 46, is referred to you by his EAP because he is depressed and drinking daily on the job. He witnessed a train wreck 3 weeks ago in which several people were killed. Now he says he is terrified to leave the house without a couple of drinks to calm him down. He says that every time he hears a loud noise he feels faint, and he wakes up sweating and shaking. What action would the social worker take?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your ability to respond to client's needs in an ethical way.

A. Determine the client's ability to respond to anxiety treatment interventions.

B. Evaluate the client's need for a crisis intervention,

C. Limit the informed consent conversation to the legal requirements (fees, your business name and license) and proceed with crisis interventions.

D. Tell him that his treatment will be confidential as it pertains to his EAP.
Answer: A client told a therapist they were going to kill a woman. The therapist did not warn the woman or her parents and she was killed by the client.
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Question: 54. All of the following would represent a permitted breach of confidentiality without the need for a client release EXCEPT:

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of instances in which we are permitted OR mandated to break client confidentiality.

A. Filing a child abuse report.

B. Ensuring safety for a suicidal client.

C. Responding to a CPS caseworker's request for family history following a child abuse report.

D. Calling the police to notify authorities that your client is leaving your office intoxicated and driving a motor vehicle.
Answer: That if a client's family member tells a therapist something that makes the therapist concerned about the client's homocidality; they must warn the person.

Information not source triggers duty to warn.
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Question: 62. A male client comes to see you for the first time. As he talks, you begin to realize that he is definitely going to harm someone. He has a plan and is going to act, but he has not identified his intended victim to you yet. Just as he is about to tell you the identity of the name of the intended victim, you realize that you have not explained to him the limits of confidentiality:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to manage your ethical and legal obligations when a client might be dangerous.

A. Tell him to stop and refer him to someone else.

B. Wait until he identifies the intended victim and then explain the limits of confidentiality, as you must do as part of obtaining informed consent.

C. Ask him to stop and explain to him the limits of confidentiality as part of informed consent.

D. Proceed with the session and carry out your duty to protect, per Tarasoff, if he identifies the potential victim.
Answer: You should ask about history of violence, other violent thoughts or fantasies, if client has a plan and if they have means/opportunity to carry out plan.
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Question: 68. You have been seeing Marsha, 11, with the consent of her mother, Jan. Jan is requesting a copy of Marsha's therapy notes because she wants to provide them to the school counselor. Under which of the following conditions can you refuse Jan's request?

Content Area: Law: Confidentiality, Privilege, and Consent
This question assesses your knowledge of the laws pertaining to parental request of a minor's records.

A. Marsha will not sign an authorization to release the information to her mother.

B. The content of the therapy notes may have a harmful effect on Marsha's psychological well-being.

C. Jan wants you to produce a copy of the records within 3 weeks time.

D. You don't feel comfortable breaching Marsha's confidentiality.
Answer: True
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Question: 75. During your intake interview, you learn that your client is a lawyer. As you discuss the limits of confidentiality, the client asks, "can you plead the Fifth like I can in court?" As you consider your answer, you consider some hypotheticals. Privilege might be waived in which instance?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question is asking you to choose when privilege could be waived.

A. A client is a 13-year-old girl, who you are seeing without parental consent, and has been selling drugs.

B. A client has told you he has been involved in hacking a corporate database under an assumed name.

C. A client accused of assault and battery uses insanity as a defense in court.

D. A 64-year-old woman complains to you that her bank is making automatic withdrawals without permission.
Answer: False
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Question: 77. A second generation Chinese-American man comes into therapy and asks you to help him find a wife because his father is pressuring him to get married. Your FIRST intervention would be to:

Content Area: Ethics: Therapeutic Relationship/Services

A. Indicate that his needs would best be served by an Asian mental health professional.

B. Inform him that this is an inappropriate goal for treatment.

C. Engage him in a discussion of his motivation and past efforts.

D. Address his presenting problem and assist him in finding a wife.
Answer: true
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Question: 85. Which of the following conditions would meet the definition for being gravely disabled under 5150 criteria?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of conditions which define a person as being gravely disabled.

A. Command auditory hallucinations telling the client to kill other people.

B. Command auditory hallucinations telling the client to kill him or herself.

C. Command auditory hallucinations telling the client his/her food is poisoned and s/he cannot go home.

D. Choosing to be homeless.
Answer: False.
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Question: 87. After completing a three-month course on hypnotherapy, you decide to advertise your new specialty. You receive a call from Christopher, who says he would like to come in for a session, so that you could hypnotize him to stop smoking. He says he's tried the patch and nicotine gum, but he needs your help to quit once and for all. How would you respond to Christopher's request for treatment?

Content Area: Law: Legal Standards for Professional Practice. This question deals with scope of practice for mental health professionals.

A. Make an appointment because hypnotherapy is now part of your scope of competence.

B. Inform him of your fee before the commencement of treatment.

C. Refer him to a medical doctor.

D. Tell him that you will not be able to help him quit smoking.
Answer: 1. Identify risk factors
2. identify protective factors
3. conduct suicide inquiry
4. determine risk level/appropriate intervention
5. document what you did and why
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Question: 89. Your client has two children and is divorced. She tells you that when she arrived at her ex-husband's house last night to pick up the children, he had locked the doors and texted her that, "Me and my children are moving across the country." He has no criminal history, but she is afraid she will never see her children again. Which of the following is the clinician's first intervention?

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of when to make referrals for expertise outside of your scope of practice.

A. Advise her to call Child Protective Services for abduction.

B. Explore the events immediately preceding this one.

C. Call the police.

D. Advise her to call her lawyer.
Answer: Identify risk factors (PTSD diagnosis, job loss, intoxication/possible substance abuse, talking about death, past suicidal threats and gestures.)

Ask directly about suicidal ideation, plan, intent and past behaviors).

Decide if client is harm to self or not.

if yes, 5150 and document

if no, go over protective factors, support system, hotline #s, and document.
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Question: 98. A person calls telling you that she is your client's conservator. Your client is physically disabled and has told you about the challenges associated with being under conservatorship. The client tells you that she hates not being able to make her own decisions. How do you manage your ethical obligations related to informed consent?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge about the ethical requirements for informed consent.

A. If you have any concerns for the client's safety, tell the conservator about the limits of confidentiality related to dependent adults.

B. Determine the type of conservatorship. LPS conservatorships allow the conservator to consent to treatment.

C. Tell the conservator about your mandate to report dependent adult abuse.

D. If you have any concerns for the client's safety, tell the client about the limits of confidentiality related to dependent adults.
Answer: An 72 hour involuntary psychiatric hold.
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Question: 108. George takes care of his wife, Gracie because she is unable to work. George asks you to help him manage his finances so that he is able to pay Gracie's medical bills, the family bills, and afford therapy. How should you respond to George's request and still maintain proper therapeutic boundaries?

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of how to act within your scope of practice.

A. Call a financial planner that you know sometimes works on a sliding scale to explain George's situation and see if she is willing to help.

B. Explain to George that you cannot use therapy time to help him with his finances because it is out of your scope of competence.

C. Inform George that he will still need to pay you for therapy, but that you are willing to adjust your fee if necessary.

D. Introduce George to a budget minder book, show him how to create a budget, and provide referrals to websites to find less expensive medication.
Answer: False
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Question: 116. Your client Silvia comes to therapy upset because she overheard her neighbor stating that he plans to shoot the mayor tomorrow evening and owns a gun. She tells you she has tried to calm him down, but he just "keeps blaming the system for his unemployment." What is your legal obligation?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question assesses your knowledge of legal obligations related to the Tarasoff ruling.

A. Call the police and notify the mayor.

B. Discuss options that Silvia has to prevent harm to the mayor.

C. Call the police and inform them of the imminent danger.

D. Maintain confidentiality.
Answer: False, one component of 5150 is danger due to mental disorder.
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Question: 117. Mr. and Mrs. Chavez come to see you because they are referred to you by their physician. Their doctor has told them that their youngest son has a kidney disorder that will require surgery in the near future. The couple believes that God will intervene in this situation and refuse surgery based on their religious beliefs. Which of the following statements is the BEST response to this situation?

Content Area: Ethics: Therapeutic Relationship/Services
This is a question concerning medical neglect.

A. The parents have the final right to make critical decisions for their son's medical care.

B. "Cultural competence" is an ethical obligation that requires social workers to avoid imposing their own values on the client.

C. You are mandated to report this situation to a children's protective agency.

D. You are legally required to inform the doctor about the parent's decision
Answer: false, even if child abuse is suspected it must be reported.
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Question: 120. A therapist is leaving for vacation and has referred all of her clients to you. On the day before your colleague is set to leave town, one of her clients calls you and says that she is in crisis and needs to be seen tomorrow. She adds, "my therapist told me that I could call you if I thought seriously about killing myself. Well, it feels pretty serious." Your ethical priority is to:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to intervene ethically in a potential crisis.

A. Notify the referring therapist of the client's treatment needs.

B. Tell the client to call her therapist who is still available in town.

C. Provide the client with a crisis number hotline until you are "on duty" for these clients.

D. Ask her to get you quickly up to date on her general treatment so far.
Answer: False, therapists should explain both verbally and in writing.
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Question: 123. A client, who is in court-mandated therapy, tells the social worker that he is going to leave the state because he doesn't want to be in therapy or go to jail for violating probation. The social worker tries to encourage the client to see the benefits of staying in therapy, but the client becomes visibly angry and agitated. If the social worker is concerned about the client's potential for violence, the reason for seeking consultation is NOT to:

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of when consultation is required to maintain scope of competence.

A. Meet the legal standard of care.

B. Assess the social worker's own blind spots to risk.

C. Discuss any suspicions that would validate terminating the client.

D. Reassess the social worker's scope of competence.
Answer: false, only give information relevant to report.
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Question: 127. Your 52-year-old client returns from visiting his brother in Florida. He explains that his brother, who cares for their 84-year-old father, doesn't take him to his doctor or physical therapy appointments and she occasionally forgets to fill his prescription medication. What is your legal obligation?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question assesses your knowledge of the parameters of elder abuse reporting and when to maintain confidentiality.

A. Maintain confidentiality.

B. Call Adult Protective Services (APS) in Florida and file a written report within two working days.

C. Encourage your client to file an Elder Abuse Report.

D. Call Adult Protective Services (APS) in California and file a written report within 36 hours.
Answer: true. your license may also be taken away.
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Question: 133. Richard, 38, tells you that he is missing more and more work due to back pain. He tells you that he has been to several doctors who prescribe pain medication because he cannot afford to take time off of work. He tells you that he skips work or leaves early because sometimes the "meds make me so tired and fuzzy in my thinking,that I would be fired if I showed up like that." As a social worker who is not experienced with substance abuse, what is your next course of action?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of when to make competent referrals.

A. Refer him to AA.

B. Refer him to an MD.

C. Encourage him to take time off of work to get physical therapy for his back.

D. Obtain consultation to determine the extent of his problem.
Answer: You should inform the client that you need to report this relationship to CPS and then make the CPS report.
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Question: 143. Ronald is a 37-year-old moderately successful artist you have been treating for three years for depression and relationship issues. His income is sporadic, and you bill him monthly, but he had never let his balance get too high. Now he owes you $2,100. He offers to give you a painting whose value is roughly equal to the amount he owes you. How would you proceed?

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of ethical issues regarding client debt, dual relationships, and bartering and techniques to manage those issues.

A. Decline the painting and tell him that based on his history with you, you trust that he will pay you in full when he gets the money.

B. Accept the painting so that you can eliminate the debtor/creditor dual relationship.

C. Accept the painting but process with Ronald the meaning of exchanging his art for your services and have him sign a statement of mutual agreement.

D. Decline the painting and suspend treatment until Ronald pays you a significant amount towards reducing the balance due.
Answer: false
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Question: 147. Terran came to five couples' sessions with his wife complaining about how she belittles him and expects him to act more American. Terran had a difficult time listening and compromising because he believed his wife was disrespecting him, and they terminated treatment. You receive a subpoena for his records from an attorney representing his employer and learn that he is suing his employer for discrimination and emotional suffering. When you try to contact Terran about the subpoena, he does not return your calls. You would:

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of how to proceed when you receive a subpoena.

A. Assert privilege.

B. Call his attorney and ask the attorney to ask Teran to call you back.

C. Contact Terran's wife since she was in session and has a right to confidentiality too.

D. Release the records since he has entered his emotional state into a legal proceeding and this represents an exception to privilege.
Answer: true
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Question: 148. A client that you treated 10 years ago terminated when her therapy goals had been reached, and she was ready. Which of the following would be legally required if this client returned to therapy with you at a new office?

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of how to maintain the standards of practice for documentation of client files.

A. Have the client sign a new release authorization.

B. Open a separate file if the client was in family therapy before.

C. Sign a new informed consent form.

D. Refer to another therapist if the client was a minor in therapy before.
Answer: True
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Question: T or F?

California psychotherapists must maintain client confidentiality at all times.
Answer: 65 and up or a dependent adult between ages 18 and 64 with physical and mental limitations.
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Question: T or F?

Based on California law, California therapists (LCSWs, LMFTs, and LPCCs) are not mandated reporters of domestic violence or intimate partner violence (IPV).
Answer: true
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Question: T or F?

If a 13-year old has consensual sex with another who is 14 or older, it is a mandated child abuse reporting situation.
Answer: false
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Question: T or F?

There is generally no problem with therapists providing advice to their clients regarding medication if the therapist is knowledgeable about the medication and it is deemed to be in the client's best interest.
Answer: ASAP after you suspect it
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Question: T or F?

Research indicates that men are slightly more likely to commit elder abuse than women.
Answer: within two working days.

(children is 36 hours or 1.5 days)
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Question: Define:
Scope of Practice
Answer: true
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Question: What defines someone's scope of competency?
Answer: false
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Question: What is the difference between scope of practice and scope of competency?
Answer: false
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Question: If you are a LCSW and another type of license (attorney, CPA, medicine, real estate, etc.), what should you do with a client who needs both types of services?
Answer: false
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Question: According to the NASW code of ethics when should a LCSW seek advice or consultation on a client/case?
Answer: true
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Question: What should you doand which legal/ethical issue is represented?

A male adult client presents personal and medical problems. The client complains about frequent and continual failures at resolving these problems. He reports trouble sleeping and repeatedly asks the therapist for specific recommendations regarding the best medication to treat insomnia.
Answer: false
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Question: What should you do and which legal/ethical issue is represented?

The clients, a married couple, initiate therapy regarding communication problems. After three months, the husband reveals that he has had difficulty becoming sexually aroused and that sexual intercourse and intimacy have become a problem. The wife reveals that she has always had low sexual arousal. The couple now requests the therapist work with them regarding the problems in their sex life. The therapist begins to provide sex therapy to the clients, even though she has no specialized training, education, or experience in sex therapy.
Answer: true
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Question: T or F?

A California LCSW is not permitted by law to practice hypnotherapy.
Answer: false
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Question: T or F?

A California LMFT's scope of practice is determined by the individual's expertise, education, and training.
Answer: true
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Question: T or F?

Obtaining one or more consultations may be appropriate if the practitioner's scope of competency is limited for a client's needs.
Answer: consumer protection, managing the supply of available professionals, and promotion of the professionals that it regulates.
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Question: What are the two state agencies set up to protect consumers?
Answer: false
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Question: Who can sanction you for doing unethical or illegal work?
Answer: true
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Question: T or F?
It is your responsibility to keep up with changes in the law and regulations.
Answer: False
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Question: What does "duty to warn and protect" refer to?
Answer: True
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Question: What is the court case that established the duty to warn?
Answer: True
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Question: What happened in the Tarasoff case?
Answer: True
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Question: What did Ewing v. Goldstein clarify from the Tarasoff ruling?
Answer: True
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Question: What should you do?

A client tells you they have been daydreaming about killing a co-worker who they tell you the name of. The client describes both the daydream and person in extreme detail.
Answer: False
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Question: T or F?
Based on Tarasoff and subsequent legislation, a therapist's duty to warn and protect requires that the client present a serious danger of grave physical harm to a reasonably identifiable victim.
Answer: False
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Question: T or F?
The patient (client) having a history of violent behavior is essential in determining whether there is a duty to warn.
Answer: True
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Question: T or F?
Based on the Ewing v. Goldstein case, a therapist has a duty to warn an identifiable victim if the therapist receives sufficient information from a family member that leads him or her to believe that a client poses a serious risk of grave bodily injury to an identifiable victim.
Answer: False
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Question: T or F?

Talking overtly and directly about suicide may put ideas into a client's head and trigger a suicide attempt.
Answer: True
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Question: What are the 5 steps in SAFE-T (suicide assessment five-step evaluation and triage)?
Answer: True
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Question: What should you do?

A client who you are seeing for PTSD has recently been fired from their job for showing up intoxicated. The client spends most of the session discussion her father's death by suicide and how she wishes she could join him. The client has made suicidal gestures and threats before but never attempted suicide.
Answer: True
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Question: What is a 5150?
Answer: True
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Question: T or F?

A therapist is likely to be held liable for a client's suicide if the therapist failed to assess and intervene in the manner generally followed by expert members of the therapist's profession.
Answer: True
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Question: T or F?

Joe does not have a mental disorder but reports that he intends to take his life to end the pain and expense of his chronic physical illness. Joe has a plan and the means to carry out his plan; therefore, Joe can be involuntarily held on a 5150.
Answer: False
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Question: T or F?
LCSWs must report child abuse only if they absolutely know it is happening
Answer: True
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Question: T or F?
Therapists don't need to explain the limits of confidentiality to clients.
Answer: True
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Question: T or F?
If a LCSW is making a mandated child abuse report, they should just fax the client's entire file to their county's CPS?
Answer: False
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Question: T or F?
LCSW can be held criminally and civilly liable if they fail to report suspected abuse and the child dies as a result of abuse?
Answer: True
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Question: What should you do?

A 13 year client talks to you about a romantic relationship they have just begun with a person from another school. The client talks to you about engaging in sexual behavior. The client mentions that their new partner can drive. When asked how old this person is, the client say 16.
Answer: True
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Question: T or F?

California LCSWs or LMFTs, as mandated reporters, are required to report a reasonable
suspicion of child abuse only if the practitioner is the child's therapist.
Answer: False
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Question: T or F?

A report of sexual abuse is required when a therapist learns that a 13-year-old has had consensual sexual relations with a 15-year-old.
Answer: True
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Question: T or F?

Statutory rape refers to sexual relations between a person age 18 or older with another under the age of 18. Although statutory rape may be illegal, it does not require a child abuse report if, for example, the minor is age 16 or 17 and the partner is 18.
Answer: False
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Question: How old must someone be to be defined as an "elder"?
Answer: True
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Question: T or F?
In California, elder abuse can be both a criminal and a civil matter.
Answer: False
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Question: T or F?
In California, LCSWs do not have to report elder or dependent adult abuse or neglect.
Answer: False
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Question: How soon should you call to report child or elder abuse?
Answer: False
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Question: How long do you have to turn a written elder abuse report in?
Answer: False
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Question: T or F?

Older women are more likely to suffer from abuse than older men.
Answer: True
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Question: T or F?
Research shows that men are more likely to commit elder abuse than women.
Answer: False
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Question: T or F?

Elder abuse research indicates that the elder's spouse is most likely to abuse an elder.
Answer: True
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Question: T or F?

California LCSW are mandated reporters for domestic violence.
Answer: False
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Question: T or F?

California law requires a report when a health practitioner learns that a patient has suffered domestic violence, but only if the health practitioner provides medical services for a physical condition (the result of domestic violence).
Answer: False
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Question: T or F?

Domestic violence, also referred to as intimate partner violence, is primarily defined in federal law.
Answer: False
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Question: T or F?

Domestic violence is about one partner having power and control over the other within an intimate relationship.
Answer: True
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Question: T or F?
The scope of practice for California LCSWs, LMFTs, and LEPs (educational psychologists) is identical.
Answer: False
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Question: T or F?
A California LCSW or LMFT may be qualified to treat someone with self-injuring behaviors if the practitioner has obtained appropriate specialized training, education, and/or experience
Answer: False
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Question: What is the primary purpose of the BBS?
Answer: True
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Question: T or F?
A mandated report is required when two 16-year-olds consensually engage in oral copulation.
Answer: False
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Question: T or F?
California LCSWs and LMFTs are not de facto qualified to treat someone with an eating disorder. They must also be competent as a result of having acquired sufficient expertise through education, training, and experience.
Answer: False
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Question: Ignorance of the law is an acceptable legal defense for injuring clients.
Answer: False
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Question: Clients have the right to sue their clinician for abandonment.
Answer: True
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Question: A client is legally entitled to adequate information from the therapist before the client provides consent to treat.
Answer: True
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Question: Clinicians should take additional steps if necessary to insure a client's comprehension of the informed consent contract.
Answer: True
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Question: Couples should be informed that both reconciliation and separation are possible outcomes of therapy.
Answer: True
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Question: Terminating services in order to pursue a social, financial, or sexual relationship with a client is acceptable.
Answer: True
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Question: If a13 year-old seeks and consents for his own treatment, his parents still have a legal right to access his records.
Answer: False
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Question: A therapist must obtain signed informed consent prior to treatment.
Answer: True
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Question: When treating a couple, the clinician only needs informed consent from one of the individuals.
Answer: True
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Question: Termination rights for both the clinician and the client should be included in the informed consent.
Answer: True
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Question: Legally, fees must be disclosed before the onset of therapy.
Answer: True
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Question: A therapist should document that he/she obtained informed consent for treatment from client.
Answer: True
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Question: The therapist has an ethical and legal duty to inform clients of possible outcomes of treatment in order to remain within the standard of care.
Answer: True
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Question: A therapist should obtain a distinct and separate informed consent for the use of any challenging or novel modalities including any involving touch.
Answer: False
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Question: The clinician is responsible for providing appropriate referrals for continuity of care when the client initiates termination.
Answer: True
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Question: Managing confidentiality is a legal and ethical issue.
Answer: False
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Question: The only exceptions to confidentiality are by a client's written consent to release information or a legal mandate or legal permission to release information.
Answer: True
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Question: If a husband calls for information about his wife who is in treatment, the therapist should assert privilege.
Answer: True
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Question: The term privilege relates to the release of information in a legal setting.
Answer: False
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Question: A therapist is obligated to break confidentiality if there is reasonable suspicion of child abuse.
Answer: True
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Question: A therapist is obligated to break confidentiality if the client is suicidal.
Answer: False
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Question: A therapist is mandated to break confidentiality is there is reasonable suspicion of elder abuse.
Answer: False
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Question: If a client has a plan to vandalize someone's car, the therapist should warn the victim and warn the police.
Answer: False
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Question: If a new client indicates signs of hopelessness and depression, a prudent therapist would assess for suicide.
Answer: True
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Question: If a client makes a serious threat to harm an identifiable other, the therapist must warn the victim.
Answer: True
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Question: Someone over the age of 60 is considered an elder.
Answer: False
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Question: Therapists are mandated to report domestic violence.
Answer: True
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Question: If a 65-year-old woman shares that her husband hit her, the therapist should report domestic violence to the police.
Answer: False
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Question: When a clinician faces a legal action against them initiated by the client, the BBS or a district attorney, the therapist is permitted to break confidentiality.
Answer: True
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Question: If another clinician contacts you stating that he/she has a release, you may provide the information requested.
Answer: True
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Question: A group confidentiality contract is a good way to clarify clients' responsibility and protect the clinician.
Answer: True
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Question: When treating minors, it is the parent who holds privilege.
Answer: True
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Question: If an adult client shares they were a victim of child abuse as a minor and the perpetrator still has access to children the therapist must file a child abuse report.
Answer: True
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Question: Therapists are always required to obtain written consent from a parent or guardian before releasing any confidential information about a minor client.
Answer: True
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Question: The parent or guardian must provide legal consent for a minor's treatment if the minor is under 12.
Answer: True
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Question: It is a therapist's legal responsibility to make an effort to learn and understand cultural assumptions of their client.
Answer: False
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Question: Providing false information to an insurance company for the purpose of obtaining treatment is ethically acceptable.
Answer: True
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Question: Therapists have an ethical responsibility to take reasonable care in maintaining client confidentiality while using electronic devices.
Answer: False
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Question: If an HIV+ client discloses intent to have unprotected sex with someone, the therapist has a legal duty to warn that individual.
Answer: True
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Question: When informed of child abuse, a therapist must make an immediate report and follow up with a written report within 24 hours.
Answer: False
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Question: When informed of elder or dependent adult abuse, a therapist must make the report immediately and follow up with a written report within 3 working days.
Answer: True
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Question: When filing a report, the therapist is allowed to share any information about the case that he or she thinks is relevant to report.
Answer: True
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Question: Therapists should document their reasons for filing an abuse report.
Answer: False
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Question: Privilege is the right of the client to maintain confidentiality regarding the legal system.
Answer: True
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Question: If a client initiates a lawsuit claiming emotional injury, attorneys for the opposing side are entitled to said client's records.
Answer: False
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Question: Privilege is suspended if either client or therapist sues the other.
Answer: False
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Question: If a lawyer subpoenas a client's records without a release, and the therapist is unable to contact the client, the therapist should turn over the records.
Answer: True
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Question: Professional duty begins as soon as the client enters into an implicit or explicit therapeutic contract.
Answer: True
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Question: A therapist may provide services without consent for treatment if the client is in a crisis.
Answer: False
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Question: Therapists have a professional duty to know when a specialist should be utilized.
Answer: True
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Question: Therapists have a professional duty to know when hospitalization is required.
Answer: True
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Question: Authorizations to release information must include an end date.
Answer: False
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Question: Therapists have an ethical professional duty to collaborate or refer to improve and protect the health and wellbeing of their client.
Answer: True
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Question: A Tarasoff condition only exists if a client expresses a serious threat to harm an identifiable victim.
Answer: False
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Question: A therapist is not mandated to report consensual sex between minors when they are between the ages of 14 and 18.
Answer: False
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Question: If a 16 year old is having consensual sex with her 21-year-old boyfriend, the therapist must file a child abuse report.
Answer: True
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Question: If a 15 year old is having consensual sex with her 21-year-old boyfriend, the therapist must file a child abuse report.
Answer: True
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Question: If a 13 year old is having consensual sex with her 15-year-old boyfriend, the therapist must file a child abuse report.
Answer: False
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Question: If a client makes a threat to an unidentifiable victim, the therapist must warn the police.
Answer: True
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Question: Therapists must maintain mental health records.
Answer: True
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Question: If a therapist receives a court order for client records, the therapist should assert privilege.
Answer: True
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Question: Therapists should investigate child abuse if they have reasonable suspicion.
Answer: False
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Question: If child abuse occurs in another state, the therapist is mandated to report the child abuse in the state in which it occurred.
Answer: True
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Question: A therapist should inform couples of their "secret" policy before the onset of treatment.
Answer: True
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Question: Statements made by a client's immediate family members regarding the client's serious danger to harm someone must be considered in Tarasoff situations.
Answer: True
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Question: Performing any professional services outside the scope of the license is acceptable if explained to the client.
Answer: False
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Question: Clinicians should not engage in dual or multiple relationships with clients or former clients where there is a risk of potential harm to the client.
Answer: False
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Question: When dual or multiple relationships are unavoidable, clients are responsible for setting clear, appropriate boundaries.
Answer: True
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Question: Therapists should avoid initiating treatment when there is a known dual relationship.
Answer: True
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Question: When a clinician provides services to two or more people who have a relationship to each other (e.g., couples, family members), the clinician should clarify the nature of his or her professional responsibilities to each individual.
Answer: True
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Question: Clinicians should under no circumstances engage in sexual activities or sexual contact with current clients, whether such contact is consensual or forced.
Answer: False
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Question: Clinicians should not engage in sexual activities or sexual contact with clients' relatives or others with whom clients maintain a close personal relationship.
Answer: True
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Question: Clinicians should not provide clinical services to individuals with
whom they have had a prior sexual relationship.
Answer: False
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Question: It is considered unprofessional conduct to engage in sexual relations with a client within two years following termination of therapy.
Answer: True
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Question: When obtaining a release of information, all members of the treatment unit who are old enough to consent should sign the release.
Answer: True
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Question: A therapist should report to CPS if they find out one of their clients is dealing drugs to junior high students in the area.
Answer: False
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Question: If a client has not had a complete medical evaluation in the last two years, a reasonable and prudent clinician should refer the client for a complete medical check-up.
Answer: True
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Question: Clinicians providing any treatment without a psychiatric consultation, when warranted, are considered to be practicing below the standard of care.
Answer: True
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Question: If the client has a legally designated conservator or guardian ad litem, then that person may exercise privilege on their behalf.
Answer: True
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Question: Parents may exercise the privilege on behalf of their child simply because they are that child's parents.
Answer: False
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Question: A clinician who receives a subpoena for the records of a minor client would not look to the parents or guardians for instructions on whether to release the records but would instruct the parents or guardians to petition the court for guardian ad litem status.
Answer: True
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Question: Clients have the right to revoke or modify release authorizations at will.
Answer: True
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Question: A therapist has a legal duty to prevent suicide.
Answer: False
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Question: Clinicians must take "appropriate preventive measures" to avert harm to suicidal clients.
Answer: False
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Question: Ethically, it is acceptable to wait until middle phase of treatment to determine who the unit of treatment is going to be.
Answer: True
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Question: Minors may only consent to their own treatment if they are over the age of 12 and are victims of abuse.
Answer: True
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Question: Clinicians are expected to recognize risk factors that can lead to actions resulting in harm to self or others.
Answer: False
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Question: Not keeping mental health records that meet the standard of care is considered illegal and unprofessional conduct.
Answer: True
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Question: A clinician can hospitalize a client when the client's mental or physical state causes him/her to be in imminent danger of harming self or others.
Answer: True
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Question: Social isolation of an elder or dependent adult is a mandated report.
Answer: False
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Question: A clinician can be deemed legally negligent when his/her treatment plan neglects or overlooks a client's suicidal tendencies.
Answer: False
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Question: When a client is over 18 years of age and discloses abuse he/she experienced as a child, the therapist is mandated to report it.
Answer: False
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Question: A clinician is mandated to report all child abuse, including on children residing outside the state of California.
Answer: False
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Question: Therapist have 3 working days following a written request from a client to allow the client to inspect records.
Answer: False
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Question: A therapist should keep records for a minimum of 5 year to meet the standard of the profession.
Answer: True
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Question: A therapist has 15 days to provide the patient with a copy of the records.
Answer: True
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Question: A therapist may deny a client access to their records when the therapist determines that there is a high risk of detrimental consequences to the client if the client were to see the records.
Answer: False
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Question: Client records are the property of the client.
Answer: False
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Question: The monetary value of the gift should be considered when deciding whether or not to accept a gift from your client.
Answer: True
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Question: A therapist may deny a parent access to the minor's record if the clinician believes releasing the records would have a detrimental effect on the therapeutic relationship.
Answer: True
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Question: A therapist may deny a parent access to the minor's record if the minor's wellbeing would be jeopardized by releasing records to a parent.
Answer: False
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Question: If parents are married, both must sign the informed consent to treat their minor child.
Answer: True
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Question: If parents were never married, either of them may consent for treatment of a minor child.
Answer: True
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Question: A 12 year old can consent for treatment if he/she is mature enough to participate intelligently in treatment.
Answer: True
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Question: If a minor consents to his/her own treatment, he/she is responsible for the fees.
Answer: True
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Question: Any advertisements must include either the exact title of the practitioner's license or the license number.
Answer: Exceptions to Confidentiality:
1. Reasonable suspicion of self-harm
2. Reasonable suspicion of physical abuse with minor/elder adult (mandated report)
3. Reasonable suspicion of danger to others (Duty to Warn)
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Question: It is unethical but legal to receive compensation for the referral of clients.

2. Disclose least amount of confidential information directly relevant to current situation.
3. Third party release needs consent, verbal consent accepted in emergency situations only.
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Question: If a therapist uses the term "psychotherapy" or "psychotherapist" in advertisements, he/she must include his/her license number.
Answer: 1. Patient holds if has no guardian or conservator.
2. Patient is dead, has a personal representative
3. Patient is a group, receive a waiver from all members
4. Patient is minor, minor holds unless court appointed parent as guardian, or if minor has attorney.
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Question: Clinicians have a professional duty to discuss with their clients how insurance companies will manage their confidential information.
Answer: There is no privileged communication if there is cause to believe the client is in mental/emotional condition as to be dangerous to himself/others, disclosure of communication is necessary to prevent threatened danger.
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Question: Dual relationships between supervisors and supervisees are considered unprofessional conduct.
Answer: Privileged communication refers to a private statement that must be kept in confidence by the recipient for the benefit of the communicator. Privilege refers to information shared in therapy and information documented in the clinical record. Privilege is a legal right.
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Question: It is a therapist's legal duty to challenge a 'denial of services' from an insurance company.
Answer: Within lawsuit clinician may be required to reveal details of client's treatment. (Law conflicts with Ethics) If release of information will cause harm to client, clinician should request court WITHDRAW or LIMIT the order or SEAL records from public inspection.
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Question: The purpose of HIPAA is to standardize electronic patient health, administrative, and financial data.
Answer: Clinician may claim privilege on behalf of the client, the client then either:
1. waives privilege and allows the clinician to provide subpoenaed information, or
2. invokes privilege and refuses to allow release of information.
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Question: It is unethical to accept gifts from clients.
Answer: Minors are protected by confidentiality when able to consent to treatment
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Question: When a person is unable to provide food, clothing, and shelter for himself or herself due to a mental disorder, he/she is considered gravely disabled.
Answer: 1. Written consent REQUIRED (even with parents).
2. HIPAA gives parents rights to access child's medical records, exceptions (a) minor alone consented to care, parental consent not required, (b) minor obtains care at direction from court
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Question: The legal requirements for a 5150 (involuntary hold) include when a person is a danger to self or other due to mental illness or he/she is gravely disabled.
Answer: Minor holds unless court appointed parent as guardian, or if minor has attorney.
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Question: If a therapist learns that a client had sex with a previous therapist, he/she should file a complaint with the BBS.
Answer: Privileged communication refers to private statements made in therapy that is kept confidential for benefit of client. Minors children hold privilege unless court identifies a guardian, clinician must assert privilege on child's behalf unless minor has attorney.
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Question: If a therapist learns that a client had sex with a previous therapist, he/she should provide the client with the brochure from the BBS outlining their rights and discuss the brochure's contents.
Answer: 1. In CA, 12 years and older can consent to MENTAL HEALTH TX or COUNSELING if BOTH requirements are met: (A) minor is mature enough to participate in services, AND, would present danger to himself/others without treatment, or(B) is alleged victim of incest or child abuse
2. In CA, 12 years and older can consent to MEDICAL TX AND COUNSELING relating to diagnosis/treatment of AOD problem
3. Minors cannot consent to psychotropic medication or inpatient hospitalization without parental consent.
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Question: Termination may not be appropriate when a client is hospitalized, in crisis, or actively suicidal.
Answer: HIPAA Privacy standards provide protection for accessing psychotherapy notes that contain content/process/clinical opinions. Psychotherapy notes must be kept separate from client chart/record.
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Question: When termination is initiated by the therapist, consultation is important to ensure that the therapist's reasons for termination and management of the termination process are consistent with community standards and the standard of care.
Answer: In California, providers have an obligation to preserve records for a minimum of seven years following discharge of the patient, except the records of unemancipated minors shall be kept at least one year after the minor has reached the age of 18 years, and in any case, not less than seven years.
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Question: A therapist must obtain signed written consent to provide teletherapy.
Answer: Request for medical records (PHI) can be denied if:
1. Access is likely to endanger life/safety of individual or other person.
2. PHI refers to another person, release likely to cause harm to that person
3. PHI is created during research (must be notified in advance.)
4. PHI was obtained from someone other than provider under promise of confidentiality and access would break that confidentiality of the source.
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Question: A professional will explains who is responsible for a therapist's files and clients if the therapist dies.
Answer: HIPAA privacy rules allow clients to view COPIES of medical records. Does NOT require written request. Privacy rule DOES NOT require access to psychotherapy notes. HIPAA allows clients ability to amend information in medical records they consider inaccurate, clinician has 60 days to refute/accept changes made by client. 30 days to respond to request. Clients can request report of who has accessed records for last 6 years. Clients may designate friend/family member to receive information about treatment.
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Question: When there is a request for information related to any aspect of psychotherapy, each member of the treatment unit should sign the authorization before the disclosure of information.
Answer: Third party disclosure should only release information on a need to know basis, clients must be told in advance if information will be shared with third parties.
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Question: A therapist should immediately terminate treatment with a client if the therapist is unable to effectively manage his/her countertransference.
Answer: Requires written OR verbal informed consent prior to delivering services, this becomes a part of medical record. Must be within scope of practice. Must be licensed in state client resides.
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Question: If a therapist suspects that a colleague is unable to perform his/her professional duties due to personal issues (e.g., substance abuse, mental health problems), the therapist should first report him/her to the BBS.
Answer: HIPAA stands for Health Insurance Portability and Accountability Act. Has 3 components:
1. Portability standards that ensure the continuity of healthcare.
2. Privacy standards that govern the disclosure of protected health information (PHI).
3. Security Standards that protect the development and maintenance of health information.
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Question: Therapists should refrain from bartering for services.
Answer: To ensure the continuity of healthcare:
1. Limits ability of new employer plan to exclude coverage for pre-existing conditions
2. Provides individuals opportunity to enroll in group health plan with loss of coverage
3. Prohibits discrimination against employees and family members based on medical and genetic information.
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Question: Therapist should explain how fees will be managed, including in the event that the client has not paid his/her fees.
Answer: The Privacy Rule: To govern the disclosure of PHI
1. Sets boundaries on use and release of health records
2. Enables clients to find out how information may be used, and about certain disclosures of their information.
3. Gives clients the right to examine and obtain a copy of health records and request corrections if needed.
4. Establishes safeguards that providers must achieve to protect PHI.
5. Enforces civil and criminal penalties if there is a violation of clients' privacy rights.
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Question: A therapist has a legal right to withhold a client's records if he/she has not paid his/her fees.
Answer: Any information about health status, provision of health care, or payment for health care that can be connected to a person. HIPAA standards apply only to PHI.
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Question: Therapist should inform clients, to the extent possible, about the disclosure of confidential information and the potential consequences, when feasible before the disclosure is made.
Answer: The Privacy Rule requires activities, such as:
1. Notifying clients about their privacy rights and how information can be used. NOTICE OF PRIVACY PRACTICES during first session.
2. Adopting and implementing privacy procedures.
3. Training any employees on privacy procedures.
4. Designating and individual responsible for monitoring adherence of privacy procedures.
5. Securing client records so they are not readily accessible to those who don't need them.
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Question: If a therapist's records are stolen, the therapist should file a police report and notify the clients.
Answer: 1. Caregiver not wanting elder to be seen on his/her own.
2. Caregiver providing different account of events than elder
3. Lack of cooperation from caregiver for tx plan.
4. Caregiver attempts to isolate elder from family/friends/activities.
5. Caregiver denying right to make decisions about care, living arrangements, etc.
6. Observable behaviors, such as anger or substance use.
7. Dependence of caregiver on elder for financial support.
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Question: If a therapist observes an act of child abuse while shopping at the mall, the therapist is mandated to make a report.
Answer: Mandated reporters required to report abuse if they observe abuse directly, if child or elder discloses abuse, or if they have reasonable suspicion of abuse. Elder abuse must report suspicions to APS ASAP and if reported by phone submit written report within 48 hours.
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Question: HIPAA standards apply if a therapist communicates electronically.
Answer: 1. Sudden change in behaviors; decreased grooming, staring vacantly, fear, agitation/anxiety, unexplained crying, disorientation, depression, unusual behavior (biting/rocking)
2. Discrepancy with standard of living and financial assets, depletion of assets without explanation, money or items missing, unpaid bills, reports of new will or POA.
3. Withdrawn, apathetic, fearful, anxious bxs around certain persons, not wanting to receive visits from family and friends.
4. Malnourishment (weight loss), dehydration (cracked lips/sunken eyes), poor overall hygiene, over sedation, inappropriate clothing, lack of dentures/eyeglasses.
5. Physical Injuries: bruises, unexplained injuries, multiple ER visits, broken glasses.
6. Urinary Tract Infection, vaginal or anal bleeding
7. Medical needs not attended to
8. Sudden changes in living environment, younger person moving in to care for Elderly soon after meeting.
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Question: It is legal but unethical to advertise false skills and specialties.
Answer: Mandated reporters required to report abuse if they observe abuse directly, if child or elder discloses abuse, or if they have reasonable suspicion of abuse. Elder abuse must report suspicions to APS ASAP and if reported by phone submit written report within 48 hours.
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Question: The font on a authorization to release information must be at least 12 point.
Answer: 1. Physical Abuse: burns, bites, bruises, broken bones, black eyes, fear of caretakers, fading bruises or other marks after absence of school
2. Neglect: frequent absence from school, begs for/steals food/money, needed medical or dental care/immunizations/glasses, consistently dirty/smells, lacks clothing, abuses AOD, states no one is home to provide care.
3. Sexual: difficulty walking or sitting, refuses to change or participate in physical activities, reports nightmares/bedwetting, sudden change in appetite, bizarre/sophisticated/unusual sexual knowledge/behavior, pregnant or venereal disease before 14, runs away.
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Question: Changing a client's diagnosis to ensure payment by insurance is acceptable with client's consent.
Answer: Mandated reporters required to report abuse if they observe abuse directly, if child or elder discloses abuse, or if they have reasonable suspicion of abuse. Required to file report immediately by phone and written report completed within 36 hours.
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Question: I am going to pass this exam.
Answer: 1. Does not require certainty the abuse has occurred
2. Does not require medical indication of abuse
3. Based on any information considered credible, including statements from others.
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Question: A therapist must notify the BBS of change of name or address within 30 days.
Answer: Examples of reasonable safeguards include:
1. Speaking quietly when discussing client's condition in public area.
2. Avoiding using names in public hallways and elevators
3. using passwords on computer files containing PHI.
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Question: An incarcerated client loses their right to privilege.

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Question: A baby who tests positive for drugs at birth would require a mandated child abuse report.

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Question: A therapist must notify the BBS of any convictions, including a DUI, within 30 days.

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Question: A conflict of interest occurs when there is a dual relationship between the therapist and client where the therapist may have personal investment and become biased with treatment.
Answer: Make every effort to avoid relationships with clients that could impair professional judgment and increase risk of exploitation, document precautions taken.

Examples of DUAL ROLES: counseling a friend/family member, providing individual therapy to two members in same household, providing simultaneous individual and group therapy and entering a business relationship with client.
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Question: Parents who are in prison lose their rights to access their minor child's records.
Answer: Duty to Warn key issues to review:
1. Client poses threat to self or others
2. Under what circumstances threat was made
3. How much time has passed since threat
4. Client possesses means and capacity
5. Duty to warn mandatory by state law? (yes in CA)
6. Threat to specific individual or public at large
7. Criteria for involuntary commitment may apply
8. If the state permits disclosure of threat if not mandatory
9. Who needs to be warned to effectively discharge duty to warn (police, victim, DMV, Physician, family member)
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Question: After a client dies, the client's designated personal representative or the legal executor of his or her estate has a right under law to access the records.

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Question: A minor may not consent to convulsive therapy, psychosurgery, or psychotropic medication without the consent of the minor's parent or guardian.
Answer: 1. presence of attitudes that support violence
2. capacity of means to carry out
3. Preparing toward violence (buying gun, breaking a law)
4. presence of an intent to carry out action
5. responses of others to clients plans
6. degree of client compliance with tx recommendations
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Question: During the initial session, informed consent should include a discussion of the risks and benefits of treatment and the purpose of therapy.
Answer: California's Inpatient Commitment Standard:
1. Serious risk of harm to himself/others
OR
2. Gravely disabled (in immediate physical danger because unable to meet basic needs for food, clothing or shelter)
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Question: If a therapist is on an insurance panel, and the insurance conducts an audit requesting client records, the therapist must provide copies of the records.
Answer: Request the confinement after signing a written declaration stating the psychiatric diagnosis that the diagnosing medical professional believes to be the cause or reason why they believe the patient to be "a danger to themselves or others" or the psychiatric disorder that has rendered the patient incapable of making their own medical treatment decisions
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Question: K41.Knowledge of limitations of professional experience, education, and training to determine issues outside scope of competence.

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Question: K42. Knowledge of situations that indicate a need for consultation with colleagues or other professionals.
Answer: If issue of client's mental health or treatment is raised during lawsuit, a clinician might be forced by court to reveal details of client's treatment. Providers can disclose medical information when there is reasonable cause to believe client is a danger to himself/others and disclosure is necessary to prevent danger.
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Question: K43. Knowledge of ethical standards regarding the protection of client rights when engaging in consultation/collaboration with other professionals.
Answer: SEXUAL ASSAULT- Provider must attempt to contact parent/guardian (note date/time/outcome), does not apply if parent/guardian is perpetrator. UNLESS RAPE.

RAPE - Not permitted to inform guardian without consent from minor (12 years or older)

CHILD ABUSE/NEGLECT - patient privilege does not apply to information reported. Child abuse reporting act exempts clinicians from liability if they make a good faith report of abuse.
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Question: K44. Knowledge of ethical methods for developing additional areas of practice or expanding competence.
Answer: A tort is a civil wrong, other than breach of contract, for which the court will provide a remedy in the form of an action for damages.

If client is minor child, he holds privilege. Minor's parents do not hold privilege unless court appoints as guardian. Clinician must assert privilege on behalf of minor. If minor has an attorney, attorney can make decision to waive or assert privilege.
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Question: K45. Knowledge of the ethical responsibility to remain current on developments in the profession.
Answer: Privilege exception when therapist has reasonable cause to believe the patient is in such a mental or emotional condition as to be dangerous to himself or other person or property of another
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Question: K46. Knowledge of problems/impairments that interfere with the process of providing therapeutic services.
Answer: Sexual contact of any kind between a therapist and client is unethical and illegal in the state of California. Legally, sexual contact WITHIN two years of termination is illegal and unethical. (its always unethical)
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Question: K47. Knowledge of referrals and resources to assist in meeting the needs of clients.
Answer: Any therapist in California who becomes aware the client had a sexual relationship with past clinician during treatment is required to give brochure entitled "Professional Therapy Never Includes Sex" and discuss with client.
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Question: K48. Knowledge of methods to facilitate transfer when referrals to other professionals are made.
Answer: Clinicians must be licensed in each state where they provide services within "scope of practice" of that jurisdictions license. Issue when providing telehealth services including E-therapy.
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Question: K49.Knowledge of methods for collaborating with client to determine if referral(s) or other resources are clinically indicated.
Answer: Informed consent Includes: goals of services, risks and benefits, approx. length of process, alternatives to therapy, fees and services incl. processes for unpaid bills, qualifications and background of clinician, treatment and emergency procedures, third party disclosures, limits to confidentiality and choices between paying with/without insurance
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Question: K50.Knowledge of the potential impact of therapist's personal values, attitudes, and/or beliefs on the therapeutic relationship.
Answer: Only give necessary information for reimbursement including diagnosis, fees, and insurance information. Do not include clinical notes or provide any information other that what is required for payment.
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Question: K51.Knowledge of methods for managing the impact of therapist's personal values, attitudes, and/or beliefs on the client or the therapeutic relationship.
Answer: Mental Health Parity Act: strove to resolve the practice of insurance discrimination. Health insurance companies offering mental health/substance abuse benefits will be required to provide equal coverage of mental/physical illnesses. Parity Act applies to group coverage of 51 or more employees.
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Question: K52.Knowledge of conditions/situations that could potentially exploit or cause harm to the client.
Answer: Statutes prohibit mental health providers from "advertising in a manner that is false, fraudulent, misleading or deceptive" Example: Your sxs will improve by 50% with this treatment. Common Example: dishonesty about credentials.
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Question: K53. Knowledge of methods for managing boundaries and/or professional relationships with the client.
Answer: 1.05 Cultural Competence and Social Diversity

Social workers should obtain education about and seek to understand the nature of social diversity and oppression with respect to race, ethnicity, national origin, color, sex, sexual orientation, gender identity or expression, age, marital status, political belief, religion, immigration status and mental or physical disability.
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Question: K54. Knowledge of ethical standards regarding protecting the client's wellbeing in potential conflict of interest situations.
Answer: 4.02 Discrimination

Social workers should not practice, condone, facilitate, or collaborate with any form of discrimination on the basis of race, ethnicity, national origin, color, sex, sexual orientation, gender identity or expression, age, marital status, political belief, religion, immigration status, or mental or physical disability.

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Question: K55.Knowledge of relationships that can be potentially detrimental to the client and/or therapeutic relationship.
Answer: 1. Knowledge: client's culture, communication style, help seeking behaviors.

2. Professional sills: application of techniques that prove effective with diverse populations, ability to discuss racial and ethnic issues, ability to use resources on behalf of minority clients.

3. Personal attributes: Willingness to work with diverse populations and ability to communicate genuine warmth and empathy.
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Question: K56.Knowledge of methods to prevent impairment to clinical judgment and/or harm to the client in situations where multiple relationships are unavoidable.
Answer: 1.05 Cultural Competence and Social Diversity

Social Workers should obtain education about and seek to understand the nature of social diversity and oppression with respect to race, ethnicity, national origin, color, sex, sexual orientation, age, marital status, political belief, religion and mental/physical disability.
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Question: K57.Knowledge of the potential for client harm or exploitation associated with sexual activity or contact between therapist and client.
Answer: 1.03 Informed Consent

Informed consent is an opportunity for the therapist and client to make sure they understand their shared venture. Providing client with the information they need to become active participants in the therapy relationship begins with initial session and continues throughout counseling. Promotes active cooperation of clients.
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Question: K58. Knowledge of ethical standards regarding engaging in sexual activity or contact with client and/or others with whom the client has/had a personal relationship.
Answer: 1.07 Privacy and Confidentiality

Social workers should protect the confidentiality of all information obtained in the course of professional service, except for compelling professional reasons. The general expectation that social workers will keep information confidential does not apply when disclosure is necessary to prevent harm to self/others. In all instances, social workers should disclose the least amount of information that is directly relevant to the purpose for which the disclosure is made should be revealed.
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Question: K59. Knowledge of ethical standards regarding entering into a therapeutic relationship with former sexual partners.
Answer: 1.02 Self-determination

Social workers respect and promote the right of clients to self-determination and assist clients in their efforts to identify and clarify their goals.
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Question: K60.Knowledge of the ethical responsibility to provide client with information regarding the therapeutic process.
Answer: 2.01 Respect

(a) Social workers should treat colleagues with respect an should represent accurately and fairly the qualifications, views and obligations of colleagues.

(b) Social workers should avoid unwarranted negative criticism of colleagues in communications with clients or with other professionals.

(c) Social workers should cooperate with social work colleagues and with colleagues of other professions when such cooperation serves the wellbeing of clients.
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Question: K61. Knowledge of disclosures that facilitate client's ability to make informed decisions regarding treatment.
Answer: 2.03 Interdisciplinary Collaboration

Social Workers who are members of an interdisciplinary team should participate in and contribute to decisions that affect the well-being of clients by drawing on the perspectives, values, and experiences of the social work profession. professional and ethical obligations of the team as a whole and of its individual members should be clearly established.
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Question: K62. Knowledge of client's right to self-determination in making decisions regarding therapeutic services received.
Answer: ??
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Question: K63. Knowledge of methods for communicating information pertaining to informed consent in a manner consistent with developmental and cultural factors.
Answer: 3.04 Client Records

(a) Social workers should take reasonable steps to ensure that documentation in records is accurate and reflects the services provided.
(b) Social workers should include sufficient and timely documentation in records to facilitate the delivery of services and to ensure continuity of services provided to clients in the future.
(c) Social workers' documentation should protect clients' privacy to the extent that is possible and appropriate and should include only information that is directly relevant to the delivery of services.
(d) Social workers should store records following the termination of services to ensure reasonable future access. Records should be maintained for the number of years required by state statutes or relevant contracts.
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Question: K64. Knowledge of the right and responsibility of legal guardian/representative to make decisions on behalf of clients unable to make informed decisions.
Answer: D. Follow the guidelines as set forth in Section 1024 of the Evidence Code.

The Tarasoff Decision does not pertain to the protection of physical property. However, Evidence Code 1024 states that the social worker has a "right" to warn when property is threatened.
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Question: K65. Knowledge of methods for protecting client's welfare when client is unable to provide voluntary consent.
Answer: A. Tell Mr. Milsap that you cannot honor his request.

Without the permission of the court or the party issuing the subpoena, a social worker may not produce a summary or alter (by omission or any other way) the treatment record subpoenaed.
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Question: K66.Knowledge of the effects of concurrent mental health treatments on the provision of therapeutic services.
Answer: A. A small town where social worker and cashier (client) see each other at the local store.

The cashier/client would not present an inappropriate dual relationship. This would be an instance, especially in a small town where the number of stores may be limited, where the contact in the community may be unavoidable.
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Question: K67. Knowledge of methods for establishing collaborative professional relationships to improve the welfare of the client.
Answer: B. Deny his request.

Given the limited information we have in this scenario, denying the request would be the best course of action until proper authorization could be obtained by the dead woman's legal representative.
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Question: K68. Knowledge of ethical standards regarding the protection of client rights when engaging in consultation/collaboration with other professionals.
Answer: B. Required to maintain confidentiality.

A social worker is legally obligated to maintain confidentiality in this instance.
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Question: K69.Knowledge of methods for identifying the "client" and the nature of relationships when providing therapeutic services to more than one person.
Answer: B. Explain the nature of dual relationships to her.

Explaining dual relationships to her would be the best way to start, and the question is asking what you would do FIRST. What you decide from this point depends on the size of your town and whether you believe this is an avoidable dual relationship.
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Question: K70. Knowledge of the impact of client unit, therapeutic modality, and involvement of multiple systems on confidentiality.
Answer: B. Maintain confidentiality and process her feelings.

The law is clear that you need to maintain confidentiality when the transmission of HIV is by sexual means.
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Question: K71. Knowledge of the factors that impact the therapeutic relationship.
Answer: C. Make another appointment for both of them since the couple is your client.

In conducting marital therapy, your client is the couple. By asking that both partners be present, you are demonstrating that you do not take sides. This might encourage the wife to attend the next session in order to explore her feelings of being treated unfairly.
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Question: K72. Knowledge of methods for managing confidentiality and privacy issues when providing concurrent therapy.
Answer: C. Give Abby a copy of the booklet "Professional Therapy Never Includes Sex" and discuss the contents with her.

You are legally obligated to give a client, who reports having had sexual contact with a previous mental health provider, the booklet "Professional Therapy Never Includes Sex" as well as discuss the contents of the booklet with her.
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Question: K73. Knowledge of methods for managing confidentiality and privacy issues when treatment involves multiple systems or third parties.
Answer: D. Telling the client that her not paying you establishes an exception to confidentiality because it is a breach of duty.

A client's failure to pay does represent a legal "breach of duty" but that is not related to how you would proceed with collections.
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Question: K74.Knowledge of ethical standards regarding the management of confidentiality issues that arise in the therapeutic process.
Answer: A. Answer Miriam's questions.

Social workers must make a distinction between clinical interventions and ethical responsibilities. Clients have the right to such information as where the social worker went to graduate school, how long the social worker has been licensed, and if there are any areas of expertise and training. Such questions should not be treated as inappropriate or boundary violating and are part of the process of a client determining whether or not the social worker offers the kind of services the client wants or needs.
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Question: K75.Knowledge of methods for managing the impact of confidentiality issues on the therapeutic relationship.
Answer: B. The client.

In this situation, since Jennifer has introduced her emotional condition into the trial, her right to privilege MAY be waived. Since there is no indication that she or the court has waived her privilege, it continues to be held by her.
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Question: K76.Knowledge of methods for assessing level of potential danger or harm to client or others.
Answer: A. Report by telephone within 24 hours to law enforcement.

If physical abuse occurs in a long-term facility and does NOT result in serious bodily harm, a telephone report must be made to local law enforcement within 24 hours and a written report within 24 hours to law enforcement, the facility's licensing agency, and the ombudsman.
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Question: K77. Knowledge of ethical obligations regarding the management of safety needs.
Answer: C. Indicate that you cannot make life decisions for a client.

Social workers respect the right of patients to make decisions and inform them that their decisions are their own responsibility.
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Question: K78. Knowledge of methods and procedures for managing safety needs.
Answer: A. Get a release to speak with the pastor and discuss his reason for the referral and how the two of you might work together.

This would be the most ethical and clinically efficacious way to proceed. The pastor may have relevant information impacting your treatment of the wife, and it would be important to establish a working relationship with your client's other counselor.
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Question: K79.Knowledge of the impact of legal and ethical obligations on the therapeutic relationship.
Answer: D. Determine if you can deal with this client at this time.

First you would have to assess the client's best interests; only if you can continue to work with the client would you need to manage your counter-transference.
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Question: K80. Knowledge of methods for protecting the best interest of the client in situations where legal and ethical obligations conflict.
Answer: C. Refer to legal aid for restraining order help or to assist with assault charges.

Eugenia is thinking about a temporary restraining order, and the help a social worker would give would be in directing her to the appropriate resources. It would be out of your scope of practice to give her legal advice yourself.
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Question: K81. Knowledge of methods for protecting the best interest of the client in situations where agency and ethical obligations conflict.
Answer: B. Inform the client that you will be unable to see him until he has terminated with his current therapist.

Informing the client that you will be unable to see him until he has terminated with his current therapist would be the most ethical solution.
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Question: K82.Knowledge of diversity factors that potentially impact the therapeutic process.
Answer: A. Assert client privilege.

By the process of elimination, "A" is the only correct answer. None of the other choices are legal requirements.
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Question: K83. Knowledge of ethical standards regarding nondiscrimination.
Answer: D. Call Adult Protective Services and an agency designated to take a child abuse report immediately.

Call Adult Protective Services immediately because there is reasonable suspicion of an elder being isolated. Call an agency designated to take a child abuse report because Kevin is still a minor, and he is reporting having witnessed spousal abuse that caused him distress.
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Question: K84. Knowledge of ethical standards for providing therapeutic services congruent with client diversity.
Answer: B. When the therapist recognizes that the client is suicidal.

Although being suicidal all by itself may not yet be a crisis, clients who are in potential danger must be referred to services they can access close to where they live.
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Question: K85. Knowledge of methods to gain knowledge, awareness, sensitivity, and skills necessary for working with clients from diverse populations.
Answer: A. Evaluate whether Maria can benefit from therapy if they continue in conjoint therapy.

You are ethically obligated to assess if a client can benefit from treatment. A conjoint unit may not be in this client's best interests.
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Question: K86.Knowledge of the collaborative role between therapist and client in the therapeutic process.
Answer: A. Specify any particular limits of confidentiality as they pertain to internet security and privacy.

There are no special mandated "limits of confidentiality" that pertain to telehealth, but privacy and confidentiality could be compromised in telehealth sessions, and therapists would have the ethical obligation to clarify those risks.
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Question: K87. Knowledge of the client's right to make decisions regarding therapeutic services.
Answer: A. Permissible under some circumstances.

Ethical standards say that social workers do not usually barter or are discouraged from doing this but the standards make allowances for doing business in communities where bartering is standard practice.
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Question: K88. Knowledge of methods to assist client to make decisions and clarify goals.
Answer: C. Consider breaking confidentiality to ensure his safety.

Evidence Code 1024 gives social workers the right to break confidentiality to ensure the safety of their client. This is the best answer of the choices.
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Question: K89. Knowledge of methods for establishing collaborative professional relationships to improve the welfare of the client.
Answer: B. A 12-year-old depressed male whose cultural background strongly discourages therapy.

If a minor is at least 12 years old and is mature enough to participate in outpatient treatment, you may provide treatment without parental consent for various clinical issues if, in your professional opinion, parental involvement would be ill-advised.
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Question: K90. Knowledge of ethical standards for participating as a member of an interdisciplinary team.
Answer: C. Discuss the possibility of trading carpooling in exchange for some of the cost of therapy.

Carpooling in exchange for the cost of therapy is the least appropriate option of the choices given.
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Question: K91.Knowledge of methods for evaluating client's capacity to advocate on own behalf.
Answer: A. Ask him to tell you more about his ideas of therapy and his mistrust of you.

When working with clients who have culturally-based expectations of therapy or who may view the social worker with mistrust, it is important to first form an alliance with the client. Expressing interest in the client's experience and feelings is one way to form an alliance.
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Question: K92. Knowledge of ethical standards pertaining to interacting with third-party payers.
Answer: C. Discuss with Arlen under what circumstances, such as obtaining a new job, you will re-establish his original fee structure.

When making a temporary fee reduction, in order to maintain clear ethical boundaries about fees and payments, you should make certain Arlen knows the expectations about when you will resume charging him his original customary fee.
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Question: K93. Knowledge of ethical standards pertaining to interacting with other service delivery systems.
Answer: A. Ethically responsible to provide her with referrals.

There is no legal obligation to report spousal abuse, but there is an ethical responsibility to ensure client safety. Therapeutically, this may consist of a referral to a shelter, an attorney for a restraining order, and/or the establishment of separate living quarters. This can be followed by long-term interventions such as the implementation of anger management and improved communication skills.
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Question: K94. Knowledge of methods for enhancing client's ability to meet own needs.
Answer: C. Ethically, you could contact the boss under the auspices of Evidence Code 1024.

You may ethically break confidentiality under Evidence Code 1024 to warn the boss of the client's plan/intent to damage his car.
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Question: K95.Knowledge of ethical considerations and conditions for interrupting or terminating therapeutic services.
Answer: D. Journal your feelings, and discuss your feelings in peer consultation to regain perspective of what is going on.

The most ethical way to deal with counter-transference is through journaling, peer consultation and personal therapy, in an attempt to regain perspective.
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Question: K96. Knowledge of referrals/resources to provide consistent care in the event therapeutic services must be interrupted or discontinued.
Answer: B. Do not contact the father and maintain the client's confidentiality.

You would maintain the client's confidentiality because she has the legal right to it, and suicide is not a mandated breach of confidentiality. You might consider breaking her confidentiality if her suicidal ideation includes an imminent plan and time frame, but the vignette does not indicate crisis-level suicide that would warrant a breach of confidentiality.
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Question: K97. Knowledge of methods to facilitate transfer when referrals to other professionals are made.
Answer: B. Tell them how individual therapy will be different from conjoint therapy.

In order to help them make the decision about starting individual therapy, you would provide some parameters so you have informed consent.
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Question: K98.Knowledge of factors and/or conditions that indicate client is ready for termination of therapeutic services.
Answer: B. Obtain confirmation about their benefits before the first session.

You would need to confirm the client's benefits (payment policy set by the insurance company) before starting therapy. This is equivalent to setting the fee before therapy.
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Question: K99. Knowledge of factors and/or conditions that indicate client is not benefiting from treatment.
Answer: B. Honor the original agreement, and if your ability to work with this client feels compromised, discuss your concerns with the client and offer to help her transition to another therapist because of the ethical conflict.

Ethically, a therapist would be obliged to honor the original agreement. If the therapist's feelings were interfering with the ability to do good therapy, then it would be ethically correct to find the client another therapist and to explain to the client the reasons to do so. Ethical standards say that therapists have the right to terminate treatment for reasons including ethical conflicts.
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Question: K100. Knowledge of methods for managing the termination process.
Answer: C. If Suzanne falls behind in her payments, give advance notice if you plan to terminate therapy.

Reasonable notice of termination is required if you plan to terminate because a client has not paid.
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Question: K101. Knowledge of methods to prevent client abandonment and/or client neglect.
Answer: B. A client texts you that she is angry, that she has AIDS, and that she's going to put her "tainted blood in a syringe" and inject her partner tomorrow night.

The threat was conveyed to you by your client, and it represents a serious and imminent threat to commit physical violence against a reasonably identified other. Although the laws of confidentiality require that we not report an HIV-positive client whose intentional behavior is to infect others through sex, injecting another person with a syringe without their permission constitutes an act of violence.
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Question: LEGAL: Confidential Communications Therapeutic Relationship
Answer: B. Discuss the situation and attempt to negotiate a fee acceptable to both of you.

This is the best answer of the choices given. Although Roberto thinks you should accept his co-payment as the fee, you still have not attempted to negotiate a mutually acceptable fee. This discussion would be your next step. If you could not agree on a fee, he should be given a lower-cost referral to provide for continuity of treatment.
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Question: LEGAL: Disclosure of Confidential Information to individuals, professionals, agencies and authorities
Answer: B. Charge Andy and have him contact the insurance company.

Billing the client, and letting him seek reimbursement from the insurance company is correct. This choice puts the responsibility on the client, where it belongs.
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Question: LEGAL: Identify Holder of Privilege (age, legal status, content of therapy)
Answer: C. 24 months.

According to the NASW code of Ethics, if a social worker waits a minimum of two years to begin a romantic relationship with a client, that social worker is adhering to the standards. Ideally, social workers do not pursue romantic relationships with clients at all, however.
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Question: LEGAL: Laws regarding Privileged Communication
Answer: D. Offer a sliding fee for the intermittent sessions.

There is no legal or ethical requirement to slide fees as part of termination.
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Question: LEGAL: Privileged COMMUNICATION in Legal/Judicial Matters
Answer: D. Assess the motivation behind the gift.

Assessing the motivation and the value of a gift is very important in determining whether you should accept it or not. What needs to be determined is whether the act of giving the gift supports Mrs. Bailey's therapeutic process and needs.
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Question: LEGAL: Laws regarding RELEASE of privileged information in judicial/legal matters
Answer: A. Must gather as much information as possible and make a report of physical abuse to Adult Protective Services since this woman is a dependent adult.

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Question: LEGAL: Laws regarding privileged information in RESPONDING to subpoenas and court orders.

This is a way of providing informed consent about client's expectations.
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Question: LEGAL: Confidentiality with MINORS
Answer: D. Obtain consultation from each doctor about his case.

The best answer choice from an ethical point of view would be to speak with each doctor. This is a scope of competence question that tests your knowledge of how to utilize consultation.
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Question: LEGAL: Disclosure of Confidential information to other individuals, professionals, agencies or authorities when working with MINORS.
Answer: C. The purpose of the release and the social worker's license number.

The purpose of the release and the social worker's license number would both be on a release of information form.
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Question: LEGAL: Holder of privilege with MINORS
Answer: B. Domestic violence.

Domestic violence does not usually fall under the exceptions to confidentiality unless a child abuse report needs to be filed as a result of the domestic violence or if the abused party is under the protected class of individuals.
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Question: LEGAL: Laws regarding privileged communication with MINORS
Answer: B. The advertisement must indicate the full name of the licensee and the complete license number.

It is a legal requirement that the LCSW's full name and license number or associate's registration number be on the advertisement.
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Question: LEGAL: Legal criteria/requirements for providing services to MINORS
Answer: A. Agree to see his referral.

Ethically, you could agree to see this referral. An acquaintance who refers business to you would not constitute a dual relationship.
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Question: LEGAL: Laws regarding documentation of therapeutic services.
Answer: C. Evaluate whether or not you can continue to work effectively with this client.

The first priority is to determine if you can work effectively with the client.
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Question: LEGAL: Laws regarding maintenance/disposal of records
Answer: B. Maintain confidentiality and assess for possible elder abuse.

There are no reporting mandates here since Mollie is not an elder or dependent adult. Assessing further for elder abuse is something you certainly could do, because there is violence in the relationship, and Roland is an elder.
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Question: LEGAL: Laws pertaining to client's access to tx records, REQUEST CAN BE DENIED IF:
Answer: C. Limit the informed consent conversation to the legal requirements (fees, your business name and license) and proceed with crisis interventions.

Ethically, you cannot avoid informed consent even in a crisis. So it would be ethical to give the client the legally required information and meet any crisis needs immediately.
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Question: LEGAL: Laws pertaining to client's access to tx records
Answer: C. Responding to a CPS caseworker's request for family history following a child abuse report.

A social worker is not permitted to respond to a CPS caseworker's follow-up inquiries without a written request if the request does not specifically pertain to the child abuse report.
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Question: LEGAL: Laws pertaining to release of records to other individuals, professionals, or third parties.
Answer: A. You find another landscaper to install the pond and do not make any attempt to engage Tom's cousin in a business transaction.

Ethical standards prohibit business ventures or social interactions with a patient, spouse, partner, or family member. Hiring Tom's cousin would be considered an unethical dual relationship.
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Question: LEGAL: Telehealth regulations regarding consent and delivery of services via information and communication technologies
Answer: A. Tell the client directly the social worker's concerns if the client does not return to therapy.

Ethically, the social worker is obligated to have a direct informed consent conversation with a client, even clients who are acutely symptomatic.
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Question: LEGAL: HIPAA legal requirements
Answer: B. Discreetly confront your colleague about his drinking.

Ethics standards strongly encourage social workers to intervene when colleagues are risking client care.
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Question: LEGAL: HIPAA and PORTABILITY standards
Answer: D. Since Maya is 15 years old, the rape would constitute child abuse.

Although Maya is an emancipated minor, she is only considered an adult in certain legal circumstances. As a minor, a social worker is required to report abuse, which rape clearly is.
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Question: LEGAL: HIPAA and PRIVACY standards
Answer: C. It is not legal for her to offer compensation for referrals.

It is illegal for mental health professionals to offer compensation or rewards for referrals.
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Question: LEGAL: Protected Health Information (PHI)
Answer: C. Your fee.

Disclosing your fee is legally required prior to the commencement of therapy.
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Question: LEGAL: The Privacy Rule (implications in practice)
Answer: D. Based on her explanation regarding the meaning behind the gift, it would be sensible to accept the sweetbread and offer to share it with them at this last session.

This would be the most appropriate response. Ethical standards are guidelines and there are circumstances in which other considerations, such as cultural issues, would allow for accepting a gift of this nature.
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Question: LEGAL: Indicators of abuse, neglect or exploitation of DEPENDENT ADULTS
Answer: D. Proceed with the session and carry out your duty to protect, per Tarasoff, if he identifies the potential victim.

This is what you would have to do. At this point, the well-being of the intended victim outweighs the ethical concerns about informed consent.
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Question: LEGAL: Laws pertaining to reporting known or suspected abuse of DEPENDENT ADULTS
Answer: B. Obtain the client's promise not to harm him/herself until you meet again and use a "self care" contract to reinforce the promise.

If a client promises, in writing, not to harm him/herself until your next meeting, and the social worker reasonably believes that the client agreed in good faith, this would be a reasonable step to ensure the client's safety.
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Question: LEGAL: Indicators of abuse, neglect or exploitation of ELDERLY clients
Answer: B. Asking your client, who is a contractor, for information about drywall.

Engaging in a separate and distinct relationship either spontaneously, within a therapeutic relationship or after a reasonable period of time following the termination of the therapeutic relationship, constitutes a dual relationship. This is an ethical issue.
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Question: LEGAL: Laws pertaining to reporting known or suspected abuse of ELDERLY Clients
Answer: A. Consider offering to see Jamal on a sliding scale or pro bono basis.

This is the most ethical choice. Considering whether to see Jamal on a sliding scale or pro bono basis would address Lisa's apparent financial stresses and allow Jamal to get needed treatment.
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Question: LEGAL: Indicators of abuse, neglect or exploitation of MINOR clients
Answer: D. Maintain confidentiality.

As a social worker you are legally and ethically required to maintain confidentiality when you are aware that your client is HIV positive.
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Question: LEGAL: Laws pertaining to reporting known or suspected abuse of MINOR clients
Answer: D. Inform them of the risks and benefits of Family Systems therapy and see just the three of them.

Ethically, you have to explain the parameters of therapy.
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Question: LEGAL: Reporting "Reasonable Suspicion" with MINORS
Answer: B. The content of the therapy notes may have a harmful effect on Marsha's psychological well-being.

If releasing the content of therapy notes will result in a negative impact on the minor's physical safety and/or psychological well-being, then the social worker has a right to refuse a parent's inspection of the records.
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Question: ETHICAL: Confidentiality and "reasonable protection" of client records.
Answer: D. Inform Mrs. Moran of your license and qualifications.

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Question: ETHICAL: Releasing client records upon request
Answer: D. Refer her to a financial planner.

She needs assistance and education about how to manage her and her husband's finances.
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Question: ETHICAL: Assisting clients with interpreting therapeutic records.
Answer: C. Question Matthew and Delilah separately about possible domestic violence.

Scope of practice obligations require that you conduct therapy and safety assessments in a way that meets the standard of care.
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Question: ETHICAL: Clarifying roles when not acting as LCSW
Answer: B. Legally, you do not have to report the abuse.

This answer is the most accurate. You do not have to report child abuse if you learned of it outside your professional capacity.
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Question: ETHICAL: Guidelines when engaging in conflicting or dual roles.
Answer: A. To establish a plan of safety, including shelters and established support systems.

The ethical responsibility is to establish a plan of safety, including shelters and established support systems. Legally, mental health professionals cannot usually break confidentiality due to domestic violence unless the recipient of the abuse falls within a protected class of individuals.
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Question: LEGAL: Identifying situations where client poses danger to others
Answer: C. Refer the client to a career counselor.

Based on the information given, referring the client to a career counselor is the appropriate option.
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Question: LEGAL: Duty to protect when client indicates INTENT to cause harm
Answer: C. A client accused of assault and battery uses insanity as a defense in court.

If insanity is used as a defense for a crime, then the client may have waived his or her right to privilege.
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Question: LEGAL: Situations/conditions that constitute reasonable indicators of client's intent to cause harm
Answer: A. Address the mistake in the next group.

From an ethical point of view, clients' experiences need to be validated, and they all saw this email. It would be important to address the confidentiality breach and assess the participants' reactions.
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Question: LEGAL: Symptoms of impairment that indicate need for involuntary hospitalization
Answer: C. Engage him in a discussion of his motivation and past efforts.

In the initial stages of therapy, the establishment of trust and rapport is a crucial component to successful work, which "C" embodies as it deals with the presenting problem and the underlying emotions associated with it.
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Question: LEGAL: Protocols for initiating involuntary hospitalization
Answer: D. Follow the guidelines as set forth in Section 1024 of the Evidence Code.

The Tarasoff Decision does not pertain to the protection of physical property. However, Evidence Code 1024 states that the social worker has a "right" to warn when property is threatened.
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Question: LEGAL: laws regarding confidentiality in situations of client danger to self or others
Answer: D. File a child abuse report.

Christine has told you that she was sexually abused and, although, she said a report was already filed, you need to fulfill your mandate to report child abuse.
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Question: LEGAL: Laws regarding privilege exceptions in litigation involving mental condition by client or representative
Answer: A. Report the abuse to CPS immediately by phone and with a written report within 36 hours.

You have reasonable suspicion that the perpetrator could be soliciting minors given your client's history and her report of his activity on the internet.
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Question: LEGAL: Laws pertaining to reporting crimes against a MINOR
Answer: C. Call Barbara's ex-boss and warn him of her plan.

Warning the victim may be done in the interests of protecting the public and protecting the social worker from liability related to breaking the confidentiality of the potentially dangerous client. As of 2014, there is only a legal responsibility to contact law enforcement within 24 hours. After doing that, warning the potential victim is next.
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Question: LEGAL: Laws regarding privilege exceptions in crime or tort involving MINORS
Answer: B. Jeannie says that after the fight with the children, she and her husband got into another fight alone in the bedroom, and he punched her in the stomach.

Jeannie telling you that after the fight with the children, her husband and her got into another fight alone in the bedroom, and he punched her in the stomach, would not be reportable. It is not clear that the children witnessed the spousal abuse since it occurred alone in the bedroom, and/or that they had any emotional distress specific to it.
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Question: LEGAL: Laws regarding privilege exceptions in court-appointed evaluation or therapy
Answer: A. Call Adult Protective Services with the clients in your office and report physical abuse and financial abuse.

Legally you are mandated to report the physical abuse and financial abuse.
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Question: LEGAL: Laws re: sexual conduct between therapist and client
Answer: C. Legally responsible to intervene.

A clinician is not legally responsible to report a suicidal client, but is legally responsible to take reasonable steps to ensure the safety of a suicidal client which can be managed in a number of ways. Evidence Code 1024 allows clinicians to break confidentiality when a client, due to a mental disorder, is a danger to self or the property of another and breaking confidentiality would prevent the threatened harm.
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Answer: C. Command auditory hallucinations telling the client his/her food is poisoned and s/he cannot go home.

A client who cannot access food and housing due to mental illness, such as psychosis (auditory hallucinations), would be considered gravely disabled.
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Question: LEGAL: Laws that define SCOPE of clinical practice
Answer: D. You may tell your client about the laws pertaining to cyberbullying.

You may tell your client about the laws regarding cyber-bullying. The laws about bullying define bullying (e.g., face-to-face or digital harassment, threats, persecution, etc.) and what the school district is permitted to do. You may not give legal advice because that would be out of your scope of practice.
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Question: LEGAL: Laws re: disclosures required prior to therapeutic services.
Answer: D. Tell him that you will not be able to help him quit smoking.

Using hypnotherapy to help Christopher stop smoking would have to be within the context of therapy, and not as a stand-alone treatment. Otherwise, it is outside the scope of practice.
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Question: LEGAL: Laws re: third party reimbursement
Answer: D. Acted unethically and illegally.

Although the gift is not substantial in value, social workers are prohibited by law and ethical standards from accepting or providing any kind of remuneration for referrals.
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Question: LEGAL: Parity laws re: provision of mental health services
Answer: D. Advise her to call her lawyer.

Your only obligation in this situation is to maintain confidentiality and assess for a possibility of a crisis interventions. If the client is not afraid that the father will harm the children, she needs to call her lawyer to pursue legal options.
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Question: LEGAL: Laws re: ADVERTISEMENT and DISEMINATION of qualifications
Answer: A. Note carefully which sessions the client actually attended.

It is vital to clearly note which sessions were missed on the bill (which will be sent to the insurance company), or this is insurance fraud.
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Question: ETHICAL: Diversity Factors that affect therapeutic process
Answer: C. Provide a safety plan session for Cynthia and Rob in order to help decrease verbal and physical abuse between them.

Including Rob in the creation of the safety plan and possible emergency escape plan would only put Cynthia at risk. Rob's knowledge of these plans may lead to a violent reaction from Rob.
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Question: ETHICAL: Standards regarding nondiscrimination with re: to diversity
Answer: C. Assess for further boundary violations.

Assessing for further boundary violations would be important in order to determine the extent of boundary violations and if there had been any sexual contact between the therapist and your client.
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Question: ETHICAL: Standards for providing therapeutic services with re: to diversity
Answer: C. Tell him you cannot confirm or deny that his wife is your client.

Whenever anyone calls asking about anyone other than themselves, it is vital to not reveal any confidential client information.
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Question: ETHICAL: Methods to gain knowledge, awareness, sensitivity and skills necessary for working with diverse populations
Answer: A. Obtain supervision to address counter-transference.

The ethical obligation, when a therapist is unable to maintain objectivity, is to seek supervision or consultation.
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Question: ETHICAL: Clients right to make decisions re: therapeutic services
Answer: B. A social works breaks confidentiality because an internet client is engaging in child abuse.

Breaking confidentiality when making a mandated child abuse report is a legally required obligation, not an ethical decision or responsibility.
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Question: ETHICAL: Ethical standards re: protection of client rights when engaging with other professionals.
Answer: C. Obtain consultation about adoption.

Getting consultation is a potentially useful thing to do when client presents a new issue.
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Question: ETHICAL: Methods to assist client to make decisions and clarify goals
Answer: B. Deanne.

Privilege resides with all clients unless the ability to exercise (i.e., assert or waive) privilege has been adjudicated away from them.
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Question: ETHICAL: methods for establishing collaborative professional relationships to improve welfare of client
Answer: D. If you have any concerns for the client's safety, tell the client about the limits of confidentiality related to dependent adults.

If you have concerns about a dependent adult's safety, you are legally and ethically obligated to inform the CLIENT about the limits of confidentiality. Although "Consent To Treat" came from the conservatorship, the client's rights to confidentiality are still relevant.
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Question: ETHICAL: ethical standards for participating as a member of an interdisciplinary team.
Answer: D. Bill Angelina for therapy and let her decide whether to give the statement to her parents for reimbursement.

Angelina is an adult in therapy. Your legal obligation is to collect your fee and allow the client to determine how she will get paid.
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Question: LEGAL: Legal requirements re: payment/barter for referrals
Answer: B. Acknowledge the coincidence, explore your client's reactions and discuss how you will both act should you see each other at school functions.

This demonstrates proper clinical management for several reasons: this is an unavoidable dual relationship, you are addressing the coincidence, you are being sensitive to your client's reactions and planning how you will handle seeing one another in a public setting.
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Question: ETHICAL: Documentation of therapeutic services
Answer: B. Provide informed consent.

Before changing the unit of treatment, which is including the children in this vignette, the social worker would need to provide informed consent with the primary client.
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Question: *1. Roger Kelly has been coming into work late, borrowing money from other employees, and creditors had begun calling him at work regarding overdue bills. He was recently fired from his job because of inadequate performance after a physical altercation with another employee. His boss terminated him and indicated that his recent change in attitude, unpredictable behavior, and job performance would have caused him to be terminated in any case. Roger is so angry about the termination that he threatens to sabotage several machines at the record-pressing factory. How should the social worker proceed?

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of Section 1024 of the Evidence Code.

A. Maintain Roger's confidentiality.

B. Warn the manager of the factory because this is analogous to a Tarasoff situation.

C. Ethically, the social worker may choose to break confidentiality according to the Landeros vs. Flood decision.

D. Follow the guidelines as set forth in Section 1024 of the Evidence Code.
Answer: D. Keep the records confidential and alert Cathy of the subpoena.

Since Cathy and the children were seen conjointly, the records include confidential information regarding Cathy. Therefore, the best option would be to keep the records confidential and let Cathy and her attorney decide how to proceed.
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Question: *2. Your lawyer calls you to warn you that you may receive a subpoena for the complete treatment record of Mr. Milsap, who you have been treating for five years. Two months ago, Mr. Milsap received minor injuries in an accident at work in which three people were killed when a fully loaded forklift overturned. Mr. Milsap is suing for negligence and claiming severe emotional damage, including PTSD. When you tell Mr. Milsap about the subpoena, he is frantic since he doesn't want anyone to know about the brief affair he had with his secretary four years ago, which is documented in your treatment records. He asks that you submit a summary of information relevant to the accident and his PTSD or to omit from the records information about the long-ago affair. How should you respond?

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of how to legally retain records.

A. Tell Mr. Milsap that you cannot honor his request.

B. Submit a summary of the records related to the accident and the PTSD.

C. Supply the treatment records as requested, but omit information of the long-ago affair, in accordance with the laws of privilege.

D. Contact the court and seek a waiver to narrow the scope of the subpoena in order to protect your client's confidentiality.
Answer: C. Maintain Aaron's confidentiality.

Maintaining confidentiality is the only legally correct action of the answers provided here.
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Question: *3. Which situation is less likely to be an inappropriate dual relationship?

Content Area: Law: Confidentiality, Privilege, and Consent
You must identify which choice would be the least likely to constitute an INAPPROPRIATE dual relationship.

A. A small town where social worker and cashier (client) see each other at the local store.

B. A small town where social worker and next-door neighbor (client) see each other in the neighborhood watch meetings.

C. A small town where a social worker's brother-in-law's sibling comes to therapy for couple's counseling.

D. A small town where a social worker's CPA seeks couple's counseling with the social worker.
Answer: B. Turn down the referral and suggest other clinicians.

Because a relationship has already been established with the husband, it is best to refer his wife to another therapist.
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Question: 4. Three months after the death of Danielle, whom you treated for several years, you receive a written request from Arthur, her husband of 32-years, asking for access to his late wife's files. You saw them conjointly for a few sessions when Danielle requested he be there. How would you proceed?

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge regarding who has access to a client's records after their death.

A. Assert privilege.

B. Deny his request.

C. Allow him to inspect the records.

D. Provide a summary or a copy of the records.
Answer: A. Ascertain their level of acculturation.

A family's acculturation status is an important factor in assessing for treatment, helping the social worker determine the family's level of adjustment to this culture, their current worldview, family values, and level of comfort with U.S. norms and values.
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Question: 5. Your client Maurice tells you that he was involved in a bank robbery and "got away with it." He says the money is stashed in a safety deposit box at a local bank. You are:

Content Area: Law: Confidentiality, Privilege, and Consent
This question deals with a social worker's legal responsibilities related to past crimes.

A. Required to report this to the bank and to the police.

B. Required to maintain confidentiality.

C. Obligated to advise your client of the legal requirement to break confidentiality.

D. Permitted to break confidentiality to protect the public at large.
Answer: C. Help them problem solve but not give them any personal opinions.

Ethical standards regarding boundaries require that therapists avoid giving opinions and remind the client that they are responsible for their own choices.
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Question: 6. You have been participating in the town's bowling league for six months when one of the clients you have been treating joins the league. While speaking to your client about it in the next session, you find out she loves it and plans to stay in the league. First you would:

Content Area: Ethics: Professional Competence and Preventing Harm. This question of ethics asks you what your FIRST step would be in this dual relationship scenario.

A. Switch leagues.

B. Explain the nature of dual relationships to her.

C. Ask her to switch leagues.

D. Give her bowling tips to build rapport.
Answer: D. Including a child abuse report in the file if one is made.

Whatever the agency policy is, a mandated breach of confidentiality must be included in the client's file. A child abuse report may be kept separate from the treatment file to preserve the child's confidentiality, but it cannot be omitted entirely.
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Question: 7. Mimi tells you that her brother is HIV+ and has recently sero-converted to full-blown AIDS. She is terrified because she overheard her brother talking about passing on "The Gift." She informs you that he wants to have sex with his new partner with the purpose of giving him the HIV virus. She thinks it's terrible that her brother plans to knowingly give someone HIV. In this case you would:

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of how to proceed legally in a case where the transmission of HIV is probable.

A. Call the person he plans to have sex with in accordance with the Tarasoff decision.

B. Maintain confidentiality and process her feelings.

C. Ask Mimi to have her brother set up an appointment.

D. Call the public health service in the area and report what you have heard in an unofficial capacity.
Answer: C. Inform George that he will still need to pay you for therapy, but that you are willing to adjust your fee if necessary.

Giving clients information about payment is a legal and scope of practice issue.
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Question: *8. You've been seeing a couple for marital therapy. The husband arrives for their weekly session alone and reports that his wife is staying in the car. He says that she refuses to come to your office because you are always taking his side. He wants to go ahead with the session without her. You decide to:

Content Area: Ethics: Therapeutic Relationship/Services
This question asks you how to proceed in a marital therapy scenario.

A. Proceed with the session, seeing him alone.

B. Terminate the therapy and give him a referral to another mental health professional.

C. Make another appointment for both of them since the couple is your client.

D. Go down to the car and ask the wife to come in so that you can explore this issue.
Answer: A. Yes, because she is seeing another therapist and you must avoid exploitation.

In general, social workers are ethically allowed to terminate if a client who needs care is getting it, and duplication of care would exploit the client.
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Question: 9. You have seen Abby, age 24, four times. In her fifth session, she discloses to you that her previous mental health provider fondled her while he was conducting hypnosis with her. Your legal obligation is to:

Content Area: Law: Legal Standards for Professional Practice. This question assesses your knowledge of your legal obligation regarding clients who have had sexual contact with a previous mental health provider.

A. Inform Abby of the reporting options that are available to her.

C. Give Abby a copy of the booklet "Professional Therapy Never Includes Sex" and discuss the contents with her.

D. Refer Abby to the BBS which will send her a copy of the booklet "Professional Therapy Never Includes Sex" and file the report with their Ethics Committee.
Answer: C. Not buy the stock because of ethical considerations.

Ethically, you would not buy the stock because this information was revealed to you in your professional capacity. Clinically, the potential for powerful counter-transference threatens your therapeutic relationship.
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Question: *10. You have been working with a client for six months. The client sometimes forgets her checkbook and tells you that she will bring it at the next session. She has accumulated a debt of $500. What would be your least important consideration when attempting to collect an unpaid bill from the client?

Content Area: Ethics: Business Practices and Policies
This question reviews proper management of collections, knowing what constitutes a breach of duty and asks you to identify the strategy you would not use.

A. Having the client pay at the beginning of each new session.

B. Providing a collection agency with only the client's name, address and amount owed.

C. Establishing with the client a satisfactory payment plan to pay off the bill.

D. Telling the client that her not paying you establishes an exception to confidentiality because it is a breach of duty.
Answer: A. Colleen has a history self-harm.

Although a history of self-harm may be a valid clinical reason to treat a minor without parental consent, this is not a legal requirement. Social workers may treat a minor 12 or older without parental consent if the minor is mature enough to participate intelligently in therapy. There is no longer a requirement for the minor to be a victim of child abuse or a danger to self or others in order to receive treatment without parental consent.
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Question: 11. Miriam, a 52-year-old car saleswoman, is referred for therapy by her doctor after Miriam told him that her boyfriend broke up with her and told her that she has trouble respecting other people's boundaries and is too interpersonally aggressive. From the beginning of treatment, Miriam asks the social worker many questions about the social worker's relationships, family, hobbies and interests, and taste in music and movies. At the fifth session, Miriam asks the social worker where she went to graduate school, how long she has been licensed, and if she has any areas of expertise and training. How should the social worker respond to the questions Miriam is now asking?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of the elements of informed consent and a social worker's ethical responsibility to obtain informed consent from clients.

A. Answer Miriam's questions.

B. Do not answer Miriam's questions and explore her reaction to the social worker's boundary setting.

C. Ask Miriam if she has concerns about the social worker's competence and experience.

D. Remain silent and allow Miriam to do her own processing as part of learning to respect others' boundaries.
Answer: D. Explore whether the client wants you to assess her child for AD/HD.

The client found you due to your online assessment; clarifying its relationship to in-person treatment would be an ethical way to proceed.
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Question: *12. You have been treating Jennifer who has had difficulties establishing and maintaining intimate relationships with men. Several months into treatment, she was arrested for an attempted murder of a male celebrity. In her trial, Jennifer is pleading not guilty by reason of insanity. Who holds the privilege for Jennifer's therapeutic records?

Content Area: Law: Confidentiality, Privilege, and Consent
This question checks your comprehension of privilege.

A. The social worker.

B. The client.

C. There is no privilege.

D. The judge.
Answer: B. Reach an agreed-upon fee arrangement prior to the commencement of therapy.

This would be a legal obligation.
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Question: *13. You are seeing a 45-year-old woman in treatment. She lives with her mother, age 71, who has Alzheimer's Disease and lives in a residential facility for ongoing medical care. She tells you in session that at one point, the nursing staff kept her mother in bed for three weeks. You would:

Content Area: Law: Limits to Confidentiality/Mandated Reporting. Your knowledge of reporting mandates for elder abuse is being checked.

A. Report by telephone within 24 hours to law enforcement.

B. Report immediately to Adult Protective Services by phone and follow-up with a written report within 36 hours.

C. Report by telephone immediately to law enforcement.

D. Refer her to a support group for caretakers, arrange for respite care, and work with her on issues of grief and loss.
Answer: B. Yes, but only with informed consent.

With adequate training and informed consent, social workers are permitted to introduce new modalities to new and existing clients.
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Question: 14. Mary is a married 17-year-old who was recently raped by her husband's best friend. She doesn't want to tell her husband because she feels that she may have inadvertently encouraged him and is feeling ashamed. Tearfully, she tells you that she is pregnant and doesn't know what to do. Her best girlfriend has told her to get an abortion. She is conflicted about this because of strong religious beliefs. She says she's very confused and asks you what you would do if you were in her position. How would you ethically respond to this situation?

Content Area: Ethics: Therapeutic Relationship/Services
This question assesses your knowledge of the ethical boundaries that are necessary for effective therapy.

A. Advise her to discuss this situation with her husband.

B. Indicate that you have a "no secrets" policy and invite her husband into the session.

C. Indicate that you cannot make life decisions for a client.

D. Refer her to Planned Parenthood.
Answer: D. Consider the client's cultural values and his expectations of therapy.

The client comes from a culture where therapy may be foreign to him. It is important to establish with the client the objectives of therapy and to understand his emotional style that may have been derived from his cultural background.
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Question: 15. A 40-year-old woman comes for individual therapy to work on panic attacks that are affecting her job performance and attendance. She and her husband see their pastor for marriage counseling. She says that her pastor has encouraged her to do this, so that they can focus on the marital issues. How would you proceed in addressing the referral from the pastor?

Content Area: Ethics: Business Practices and Policies
This question addresses managing a client's concurrent relationship with other providers of care to the client.

A. Get a release to speak with the pastor and discuss his reason for the referral and how the two of you might work together.

B. Get a release to speak with the pastor and help him to see that the panic attacks and her marriage are directly related.

C. Maintain your client's confidentiality and proceed with treatment.

D. Do not begin treatment with the woman until it is clear that you and the pastor are not working on the same issues, which would be unethical.
Answer: D. Maintain confidentiality.

YOUR only legal obligation here is to protect your client's confidentiality.
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Question: 16. Recently your mother died and a client comes in grieving the loss of his mother. What would you do FIRST?

Content Area: Ethics: Professional Competence and Preventing Harm. This question assesses your ability to recognize the influence of counter-transference and when your functioning is impaired.

A. Talk about this situation in your own therapy.

B. Seek consultation.

C. Refer the client to another therapist.

D. Determine if you can deal with this client at this time.
Answer: C. You are mandated to report this situation to a children's protective agency.

This is a mandated report because the social worker has reasonable suspicion of neglect based on the doctor's medical diagnosis. Although the parents have consulted with a doctor, their decision to not seek care based on the doctor's findings constitutes reasonable suspicion of medical neglect.
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Question: *17. Eugenia, a 36-year-old massage therapist from Brazil, is referred by a former client. She presents in a highly agitated manner and occasionally slurs her words as she tells you that her ex-husband is stalking her and her 16-year-old daughter. She is considering obtaining a temporary restraining order against him. Eugenia has no health insurance and wants to know if you can extend credit to her or receive massages in exchange for therapy. What is your legal course of action?

Content Area: Law: Legal Standards for Professional Practice. This question tests your ability to differentiate legal from ethical issues.

A. Inform Eugenia that if she enters her emotional state into the proceeding to obtain the restraining order, her right to privilege will be waived.

B. Refrain from giving legal advice regarding the restraining order due to scope of competence.

C. Refer to legal aid for restraining order help or to assist with assault charges.

D. Avoid dual relationships regarding becoming a massage client.
Answer: C. Obtain consent from Molly since she is the legal guardian.

You would obtain consent from Molly since she is the legal guardian.
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Question: *18. A self-referred client comes to you wanting therapy for work problems. During the intake, the client reveals he has been going to another therapist for the last four months but states, "I'm planning to leave her anyway." The client admits he has not discussed this with his current therapist and says, "I'm seeing her for a different issue anyway." What is your ethical responsibility in this situation?

Content Area: Ethics: Therapeutic Relationship/Services
This question assesses your knowledge of how to handle concurrent therapies.

A. Accept the new client, as he intends to terminate with his current therapist.

B. Inform the client that you will be unable to see him until he has terminated with his current therapist.

C. Contact the other therapist to discuss the treatment goals before deciding whether to take on the client.

D. Accept the new client, as he reports his goals with the other therapist differ from the goals he wants to explore with you.
Answer: D. Talk about this issue with a colleague in consultation or with your own therapist.

Journaling, consulting, psychotherapy, or other processes that help a social worker to resolve strong emotional reactions to a client constitute appropriate ethical conduct in such situations.
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Question: *19. Your client, a 19-year-old mechanic, confides to you that he recently participated in a robbery. Two weeks later, you are served with a subpoena for information about this client's treatment. You attempt to reach your client but are unable to do so. Legally, you must:

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your legal requirement regarding a subpoena.

A. Assert client privilege.

B. Notify your client of this subpoena.

C. Turn over all records as per the subpoena.

D. Notify the client's attorney that you cannot reach the client.
Answer: D. Ask her to get you quickly up to date on her general treatment so far.

Ethics require an action directed toward the client's immediate safety. You would need to know how "serious" her situation is before determining the next step.
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Question: *20. Kevin is 17-years-old and tells you that he was upset when, as a small child, his father would hit his mother. He tells you that the abuse stopped a few years ago. Kevin says that his father is 70-years-old and is "running out of steam." Now when his father "gets out of line," he and his mother simply lock the father in his room until he settles down. He is glad his father has become more manageable. What would you do next?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question reviews your mandated reporting responsibilities.

A. Assess the whole family further in the next session.

B. Call Adult Protective Services immediately because the father is being unlawfully detained.

C. Call an agency designated to take a child abuse report because Kevin lives in a household in which there has been spousal abuse.

D. Call Adult Protective Services and an agency designated to take a child abuse report immediately.
Answer: D. Report child abuse to the police.

Mandated reporters must report knowledge or reasonable suspicion of the abuse of any child if they hear of it in their professional capacity. The description of an adult who has authority over children regularly hitting them would constitute, at the very least, a reasonable suspicion of child abuse and would therefore, mandate a report to the police.
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Question: 21. A therapist offers telehealth services for a slightly reduced fee for clients who cannot afford transportation or do not have a car. At what point during the provision of telehealth with a client would it be legally required to refer the client for crisis care?

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of the legal standard of care when providing telehealth.

A. When the client tells you that she is actually 12, not 18.

B. When the therapist recognizes that the client is suicidal.

D. The client tells you that she does not have health insurance and has not been to a doctor in five years.
Answer: B. The social worker wants to change the focus of his or her practice and only treat "high functioning" clients.

Deciding to change the focus of practice would not be sound ethical or clinical reasons for deciding to terminate treatment with an ongoing client.
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Question: *22. Maria, age 27, comes to treatment with her husband Juan. Maria had a miscarriage 3 months ago and she tells you that she just can't get over it and doesn't know if she can go on. Juan says that he has tried everything to cheer her up, but that he's getting sick of her moping around. What action would the therapist take to fulfill ethical obligations?

Content Area: Ethics: Therapeutic Relationship/Services
Social workers are ethically obligated to determine the client's best interests which includes assessing whether they will benefit from therapy.

A. Evaluate whether Maria can benefit from therapy if they continue in conjoint therapy.

B. Tell them your experience and expertise in working with families who have trouble having children.

C. Suggest a few individual sessions to get full informed consent from each client.

D. Answer any question that they have about couple's therapy.
Answer: C. Discuss any suspicions that would validate terminating the client.

A client's potential violence would not be a reason for terminating the client. It might be a reason, however, for breaking confidentiality.
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Question: 23. A social worker has decided to offer telehealth as part of her practice. Ethically, the therapist should:

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of how to ethically manage the limits and risks of telehealth.

A. Specify any particular limits of confidentiality as they pertain to internet security and privacy.

B. Avoid a dual relationship by making clear when she is available on the internet and when she is not.

C. Charge and disclose an equivalent fee for telehealth as for in-person sessions.

D. Anticipate an unavoidable dual relationship that could arise if in-person clients also receive telehealth services.
Answer: B. Forego payment because you did not adequately explain the process of fee collection and insurance billing to Chetwyn.

You would forego payment because you did not adequately explain the process of fee collection and insurance billing to your client.
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Question: *24. George has been referred to you by his doctor for anxiety-related issues. He tells you that while he really wants to be in therapy, he can't afford it right now and asks if it would be okay if, instead of your fee, George will give you credit in the amount of your fee at the grocery store he owns in the small rural community where you both live. Ethically this would be:

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of dual relationships.

A. Permissible under some circumstances.

B. Inadvisable under all circumstances.

C. A prohibited dual relationship.

D. Bartering, which is prohibited by ethical standards.
Answer: A. Clarify immediately to the audience that he is not a doctor of psychology, as required by ethical standards and legal standards.

Social workers have a legal and ethical responsibility to correct false, misleading, or inaccurate information and representations of themselves, made by themselves or others concerning their qualifications, education, license, license status, services, products, etc.
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Question: 25. Ajax, a 51-year-old former convict, comes to therapy because he tells you he has been depressed ever since he left prison. He just doesn't feel like he fits in anywhere and still feels terribly guilty for the murders he committed that have gone unpunished. He says he is tired of spending every day looking over his shoulder and would be better off dead. What is your legal responsibility in this case?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of confidentiality laws.

A. Call the police because you have knowledge of a murder.

B. Initiate an involuntary hospitalization because he is suicidal.

C. Consider breaking confidentiality to ensure his safety.

D. Notify his next of kin.
Answer: A. You would need to determine if your scope of competence was adequate.

Homosexuality does not capture the range of gender identity issues, so just because your client appreciates your approach with her, your ability to treat other types of issues would be your first concern.
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Question: *26. Which of the following is a legally allowable scenario in which a social worker may treat a minor without parental consent?

Content Area: Law: Confidentiality, Privilege, and Consent
This question focuses on knowing when you may legally treat a minor without parental consent.

A. A 10-year-old suicidal female whose twin brother recently died in a boating accident.

B. A 12-year-old depressed male whose cultural background strongly discourages therapy.

C. A 15-year old having consensual sexual intercourse with a 20-year-old.

D. A 16-year-old having consensual sexual intercourse with a 25-year old.
Answer: A. Maintain confidentiality.

Mental health professionals licensed in California are only mandated reporters of Elder and Dependent Adult abuse if the victim is a resident of the state of California. Maintaining confidentiality is your legal obligation.
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Question: 27. A social worker chooses a preschool for his daughter and enrolls her. One month after she started school, the social worker discovers that a client's child is in the same class. What would be the social worker's least appropriate action?

Content Area: Ethics: Professional Competence and Preventing Harm. This question is assessing your knowledge of how to manage possible dual relationships. Pay careful attention to the way this question is worded.

A. Begin looking for another preschool for his daughter.

B. Discuss with the client how she feels about the situation.

C. Discuss the possibility of trading carpooling in exchange for some of the cost of therapy.

D. Immediately take his daughter out of the school.
Answer: A. Tell him that you can't treat him without the the agreement of the other therapist.

Social workers generally do not provide services to a person receiving treatment or therapy from another therapist unless by explicit agreement by or with full termination of the other therapist.
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Question: 28. LeDoux is an African-American client who tells you he doesn't like the idea of therapy and doesn't trust you. He says he is only coming because his social worker said if he didn't get therapy to work on his anger issues, he would have a harder time getting his kids back. In establishing an alliance with LeDoux, you would:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of human diversity issues.

A. Ask him to tell you more about his ideas of therapy and his mistrust of you.

B. Refer LeDoux to another therapist since he indicates that he does not trust you.

C. Establish a highly structured therapy focusing on problem-solving.

D. Take a thorough family history looking for patterns of mistrust and anger.
Answer: D. Records must be retained for a minimum of 7 years after the date that the client terminates treatment.

Records must be retained for a minimum of 7 years after the date that the client terminates treatment (SB 578, effective January 1, 2015). For minors who terminate treatment, records must be retained for a minimum of 7 years after the minor would have been 18 or at least until the minor client would have been 25.
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Question: 29. You were working with Arlen for six months when he lost his job working with an internet start-up company. At that time you agreed to use your sliding scale to reduce your fee to accommodate Arlen since after six months a solid therapeutic bond was in place. From the perspective of professional conduct, which is most important to do at this time?

Content Area: Law: Legal Standards for Professional Practice. This question pertains to professional conduct as it pertains to fees.

A. Establish a target date with Arlen for when he will have a new job.

B. Examine Arlen's feelings about you reducing your fee for him.

C. Discuss with Arlen under what circumstances, such as obtaining a new job, you will re-establish his original fee structure.

D. Make sure Arlen is aware of community resources for job seekers.

Ethically, you would need to determine the client's expectations to then determine if you can meet them.
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Question: 30. You are seeing Roger and his wife, Rose, in conjoint therapy. You have been working on helping Rose and Roger communicate better during arguments. In today's session, you learn that over the past few years Roger has physically abused Rose when he loses his temper. You are:

Content Area: Ethics: Therapeutic Relationship/Services
This question reviews the ethics surrounding spousal abuse.

A. Ethically responsible to provide her with referrals.

B. Legally bound to report spousal abuse.

C. Appalled at his behavior and tell him so.

D. Ethically bound to call the police.
Answer: C. Refuse the champagne and explore the meaning behind the gift.

Refusing the gift but processing its meaning is the best ethical course of action. If this client were later to become unhappy with your service and file a complaint with the BBS, investigators would construe your acceptance of an expensive gift as a lack of appropriate boundaries. Exploring the meaning and the impact of your refusal would be appropriate and could be therapeutically beneficial as well.
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Question: 31. Rachel comes to you after finding out she had been laid off from her job. Rachel reports she doesn't understand why, except for the possibility that "the boss always had it in for me after I refused to go out with him." Rachel then states, "He needs to watch out, if he knows what's good for him." Upon assessing further, Rachel tells you she has "a way" to keep his car from running, "That'll show him." What is your response in this situation?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of your ethical responsibilities under Evidence Code 1024.

A. Legally, you must contact the police and warn the boss under the Tarasoff ruling.

B. Ethically, you should warn the boss under the Tarasoff ruling.

C. Ethically, you could contact the boss under the auspices of Evidence Code 1024.

D. You have no legal or ethical obligations.
Answer: D. Discuss the situation with your client.

A social worker's legal responsibility in this situation is to maintain confidentiality, so discussing it and working with the client on options to best protect herself would be a reasonable thing to do.
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Question: 32. In your private practice you see mostly adults. The one child that you treat was removed from his parents by Social Services after they were reported for child neglect. During your sessions with Mark, you find yourself becoming more and more attached and wanting to take care of Mark yourself. What is the appropriate way to deal with your feelings?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to deal with your counter-transference.

A. Recognize that your attachment is normal, as you feel sympathy for Mark's situation.

B. Discuss your counter-transference in supervision.

C. Let Mark know about your feelings to show him he still is a lovable little boy, and any issues about having him removed from the home is about his parents and not about Mark.

D. Journal your feelings, and discuss your feelings in peer consultation to regain perspective of what is going on.
Answer: B. Refer him to an MD.

Overuse of pain medications and back pain would require a medical referral.
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Question: 33. You recently began treating a 16-year-old female without parental consent. The client has been feeling suicidal and feels unable to discuss her problems with her parents. You receive a voicemail message from her father, angrily wanting to know why you're treating his daughter. What would be your responsibility?

Content Area: Law: Confidentiality, Privilege, and Consent
This question deals with the legalities pertaining to the confidentiality of a minor client whom you are seeing without parental consent.

A. Obtain consent from the father in order to continue therapy with appropriate consent.

B. Do not contact the father and maintain the client's confidentiality.

C. Process the message with the client and invite the client's father to join in a future session.

D. Obtain consent from both her parents to continue seeing the client.
Answer: B. Advise the clients about the risks of this dual relationship.

Before entering into a dual role, a social worker is ethically obligated to advise the client of the risks.
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Question: *34. Albert and Frank are referred to a social worker for conjoint counseling. Albert does not like it that Frank is so controlling, and Frank's problem is that he considers Albert to be lazy. In one session, their arguing becomes so aggressive that you consider seeing them separately. Albert says it would be a good idea, and Frank says that he will do whatever is best. Ethically, how should the social worker proceed if individual therapy is agreed upon?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to provide informed consent as you learn you client's expectations of therapy.

A. Close the conjoint file and tell them that you will not be able to see them together once individual therapy starts.

B. Tell them how individual therapy will be different from conjoint therapy.

C. Tell them how you plan to utilize "no secrets" policies.

D. Ask them for revised treatment goals.
Answer: C. Not agree to trade services and attempt to slide her fee to a rate agreeable to both of you.

Of the choices provided this is the most ethical, avoiding a dual relationship and attempting to come to an agreeable fee.
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Question: 35. The O'Rourkes have been married for 4 years. Tina says that she and her husband are worried that Megan may be anorexic since they found her internet searches on anorexic websites. Megan's biological mother died 2 years ago. If they want to pay with insurance, you would:

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of fee negotiations that must occur before therapy starts

A. Tell them the name of the billing service you use if you have one.

B. Obtain confirmation about their benefits before the first session.

C. Explain the risks to their confidentiality if they want to use third-party payors.

D. Establish a co-pay that is equivalent to cash payments before the first session.
Answer: A. You have every right to place an ad in this newspaper.

A social worker, like anyone else, has a right to advertise in the local paper. You did not directly interact with the client nor did you intend for your client to work on your ad. This would be an example of an unavoidable dual relationship.
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Question: *36. At an initial intake, a client discloses that she recently left her husband and does not have the means to pay your standard fee. The client notices that your waiting room is shabby and offers to paint it in exchange for your therapy. You agree to four sessions in exchange for the work. You proceed with therapy, but when she is finished, you realize she has ruined the carpet, spilled paint on a lamp and the woodwork, and didn't use the color you had asked. You realize that you feel foolish and ripped off. How would you address the situation?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of dual relationships.

A. Discuss your concerns about the paint with the client and ask her to either repaint the office or work out a plan for her to pay for the four sessions so that your judgment of her will not impair your ability to work with her.

B. Honor the original agreement, and if your ability to work with this client feels compromised, discuss your concerns with the client and offer to help her transition to another therapist because of the ethical conflict.

C. Honor the original agreement, consult to manage your counter-transference, and continue with therapy.

D. Without disclosing your personal reactions, explain that you'd like her to pay you for the therapy because you weren't satisfied with her work, tell her you'll be unable to work with her further, and help her to transition to another therapist.
Answer: D. Address the wife's concerns about her husband's "monopolizing" the session.

Ethics require that you meet the "client where they are", and addressing her question is one way of clarifying expectations and providing informed consent about a change in the treatment.
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Question: *37. Your new client, Suzanne, age 38, says her life feels out of control, and that she is considering getting a divorce. She is not sure she wants to keep coming to therapy. After a session, her husband Bud leaves a telephone message in which he says if Suzanne leaves him, he will kill himself. He asks that you call him back. How would you clinically manage your ethical responsibilities?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of the ethical obligations as they pertain to termination and referrals.

A. Explain to Bud your "no secrets" policy and that you will have to disclose to Suzanne that he called you.

B. Offer to Suzanne that she include Bud in a session but inform her of the risks and benefits first

C. If Suzanne falls behind in her payments, give advance notice if you plan to terminate therapy.

D. Assess Bud for suicide because you are in your professional capacity.
Answer: B. Explain that terminating therapy to pursue another relationship is unethical.

The first thing to do is inform the client of the guiding ethical standard which will guide your behavior.
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Question: 38. 38. Which of the following represents a Tarasoff situation?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of conditions that would impose a Tarasoff duty to protect situation.

B. A client texts you that she is angry, that she has AIDS, and that she's going to put her "tainted blood in a syringe" and inject her partner tomorrow night.

C. A client tells you that her husband is "totally fed up with his supervisor" and is going to disfigure the man's face with a chemical solution.

D. A man, who just bought a semi-automatic rifle, tells you that he is going to go on a freeway overpass and randomly shoot at passing cars.
Answer: D. Take the client's lead in the treatment plan to minimize the effects of negative counter-transference.

Taking the client's lead may not be in the client's best interests from a legal, ethical or clinical point of view.
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Question: 39. You have been treating Roberto in individual therapy for 6 months. In session, he gets angry with you for not telling him his insurance only authorized 20 sessions. He thinks you should simply accept his co-payment of $30.00 in the future because it is "your fault." What would you do in this case?

Content Area: Ethics: Therapeutic Relationship/Services
This question concerns your ethical management of a client's changing financial circumstances.

A. Apologize and accept his $30 co-payment.

B. Discuss the situation and attempt to negotiate a fee acceptable to both of you.

C. Inform Roberto that he is now responsible for your full fee or he will have to be terminated.

D. Tell Roberto your personal finances prevent you from accepting such a low fee.
Answer: A. Decline to see Pat because professional ethics forbid social workers from treating former sex partners.

Professional ethics forbid social workers from treating former sex partners.
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Question: 40. Andy, a 42-year-old actor, missed his last session. The Motion Picture Industry Pension and Health Plan pays for a portion of his sessions. How should you go about collecting his missed session fee?

Content Area: Law: Legal Standards for Professional Practice. This test item focuses on legal insurance billing procedures.

A. Bill Andy for the co-payment and indicate the cancelled session code with his insurance.

B. Charge Andy and have him contact the insurance company.

C. Bill the insurance company with the 50-minute code as usual.

D. Bill Andy for the co-payment and indicate the 50-minute code.
Answer: B. Tell clients that she will not take calls during that time.

The ethical obligation related to informed consent is that social workers provide clear information about their availability.
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Question: *41. A social worker becomes attracted to a client. The social worker deals with his/her feelings appropriately and the client feels s/he is ready to terminate. Upon termination, the social worker realizes s/he still has sexual feelings for the client and would like to pursue a relationship. Ethically, how long should the social worker wait before pursuing such a relationship with this client?

Content Area: Ethics: Professional Competence and Preventing Harm. This question asks for the NASW information about sex with a client.

A. 6 months.

B. 12 months.

C. 24 months.

D. An indefinite time, because post-therapy relationships are prohibited by law.
Answer: B. Clarify your scope of competence before agreeing to treat her.

Depending upon your license, you may or may not be skilled with "inner conflicts." As part of your ethical scope of competence obligations, you are ethically obligated to determine if you are competent to treat this client.
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Question: 42. To prepare clients for termination, a social worker schedules sessions every other week and then once a month. Over time, he finds that clients cancel their monthly sessions. Some clients just stop calling entirely without making a monthly appointment. Which of the following would NOT be an ethical concern related to the termination process?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to handle termination in a competent way.

A. Formally terminate with no-show clients.

B. Provide informed consent before changing the session frequency.

C. Assess whether the infrequent sessions are in the client's best interests.

D. Offer a sliding fee for the intermittent sessions.
Answer: D. Decline the painting and suspend treatment until Ronald pays you a significant amount towards reducing the balance due.

Although this may not be a perfect solution to the problem, it does reinforce boundaries, stop the balance from getting higher, and suspend treatment in a situation in which professional judgment may be impaired and in which the client may feel exploited (as a debtor, Ronald may not feel capable of participating openly and honestly in therapy).
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Question: *43. Mrs. Bailey sees the photograph of your dogs in your office and brings you a basket of dog treats. How would you respond to her gift?

Content Area: Ethics: Business Practices and Policies
This ethical question regarding gifts tests your sensitivity to the issue of professional boundaries and dual relationships.

A. Accept the gift in the spirit in which it was given.

B. Take one of the treats as a gesture and return the rest.

C. Thank her for her thoughtfulness and decline the gift.

D. Assess the motivation behind the gift.
Answer: D. Give Burt the brochure, "Professional Therapy Never Includes Sex" regarding sex and therapy and discuss it with him.

"Professional Therapy Never Includes Sex" should be provided for this client as well as a discussion of its contents.
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Question: 44. You get a telephone call from a highly agitated woman who states that her live-in boyfriend has been battering her whenever he drinks, which is at least once a week. She says she is considering leaving but that it is difficult because she has severe cerebral palsy and uses a wheelchair. You:

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question addresses dependent adult abuse.

A. Must gather as much information as possible and make a report of physical abuse to Adult Protective Services since this woman is a dependent adult.

B. Are not yet this woman's social worker, so you give her the number to Adult Protective Services and encourage her to call them and/or the police to make a report.

C. Set up an appointment for as soon as possible and assist her by giving her numbers for battered women's shelters that are wheelchair accessible.

D. May choose to make a report because you have not witnessed the injuries or the abuse yourself.
Answer: B. Review the nature of your license as it is explained in your informed consent.

Explaining the nature of your license by using your general office policy reinforces the therapeutic frame that you would have initiated in an informed consent discussion at the beginning of therapy.
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Question: *45. The Baker family comes to counseling referred by their pastor. Derek, their 14-year-old son, has been hanging out with a "bad crowd." He isn't doing his homework, is sloppy doing chores, and has failed to show up for choir practice at the church. Their other child, Sarah, who is 12 years old, not only doesn't want to go to choir practice, she doesn't want to go to church at all. Sarah says, "I don't care if I go to hell; at least I'll be able to sleep in on Sundays!" Mr. and Mrs. Baker say they don't want to "do anything rash." "Please help," says Mrs. Baker. How would you proceed with managing your ethical responsibilities?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to manage family treatment from an ethical perspective.

A. Have the couple tell you what they have attempted to do to manage this conflict thus far.

B. Tell the family that you work from a systems perspective, and that you will be "reframing" the children.

C. Clarify for the family your role with the pastor.

Answer: C. The court has not appointed guardians ad litem.

Until the court appoints guardians ad litem, you cannot release the records for the unit of treatment. A guardian ad litem is appointed by the court to make legal decisions in the best interests of a child. Without guardian ad litem status, parents cannot waive privilege for their children.
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Question: 46. A psychiatrist refers you a client with severe anxiety. The day before an intake session, the client calls you to ask if he can see you right away because he is afraid he will take all of the anti-anxiety medication he owns. He tells you that he is actually seeing three different doctors to get as much medication as he can. In collaborating with his doctors, which of the following would be the most ethical approach?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to collaborate and consult according to ethical (rather than legal) standards.

A. File three separate releases in the client's file.

B. Tell him that you plan to speak to all of his doctors with or without a release.

C. Ask him which doctor he would prefer that you talk to.

D. Obtain consultation from each doctor about his case.
Answer: A. Assert privilege.

If you are unable to contact your client, you must continue to assert privilege. You do not know what is in the client's best legal interests so all you can do is continue to assert privilege.
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Question: 47. You are obtaining a release of information from a client to confer with the client's psychiatrist. The client tells you that she is thinking of finding a new psychiatrist because this one never listens to her. She is concerned that if you talk to the psychiatrist, you will develop a negative opinion of her. Which of the following would you find on a release of information form?

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your understanding of what information is included on a release of information form.

A. The client's name and diagnosis.

B. The client's social security number and diagnosis.

C. The purpose of the release and the social worker's license number.

D. The length of time the client has been in treatment and the social worker's license number.
Answer: B. Open a separate file if the client was in family therapy before.

Maintaining treatment files for different units of treatment is a legal obligation.
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Question: 48. When discussing exceptions to confidentiality with a client, which of the following would not be considered such an exception?

Content Area: Ethics: Therapeutic Relationship/Services
This question assesses your knowledge of limits of confidentiality.

A. Suicidal thoughts.

B. Domestic violence.

C. Grave disability.

D. Threats to destroy another's property.
Answer: A. Not see the client.

This is a situation in which you are confronted with a possible avoidable dual relationship; avoid it by not seeing the client.
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Question: *49. Guidelines regarding advertising state that social workers must advertise in a way that is honest and not misleading. Which of the following is a true statement regarding advertising policies?

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of advertising principles associated with LCSW practice.

A. A prelicensed social worker may not use the term "psychotherapist" on a business card.

B. The advertisement must indicate the full name of the licensee and the complete license number.

C. It is not permissible for an LCSW to use "Ph.D." if s/he is not a psychologist.

D. A social worker cannot use the term "Psychotherapy" on a business card.
Answer: ETHICAL ISSUE: Privacy + Confidential
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Question: *50. The parent of a child on your child's baseball team is a doctor and wants to send a client to you. On the sidelines, you and this parent often talk about the relationship between illness and how family dsyfunctions develop around those illnesses. The doctor is impressed by your insight and asks for your card. You would:

Content Area: Ethics: Business Practices and Policies
This question asks how you would manage your ethical responsibilities when you receive a referral from someone you know.

A. Agree to see his referral.

B. Not see his referral because this constitutes a dual relationship.

C. Assess whether it would affect your child and the doctor's child.

D. Not see the potential client but refer to a colleague.
Answer: LEGAL and ETHICAL
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Question: *51. You have been working for seven months with a young adult who has recently become very involved with a Nazi skinhead group. You have strong feelings about the detrimental effects such an affiliation can have and will need to:

Content Area: Ethics: Professional Competence and Preventing Harm. This question asks you how to handle counter-transference issues with a client.

A. Address your concerns with the client without contaminating the therapy.

B. Discuss the case with your colleagues and get consultation in order to manage your personal bias.

C. Evaluate whether or not you can continue to work effectively with this client.

D. Refer this client out since your bias will get in the way of her progress.
Answer: LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license)
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Question: *52. Mollie, age 62, reports that she has been the victim of spousal abuse over the last year by her husband of 40 years, Roland, age 67. You have told her that you will assess for elder abuse. Legally, how should you proceed?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question reviews your knowledge of reporting responsibilities.

A. Make an elder abuse report to Adult Protective Services.

B. Maintain confidentiality and assess for possible elder abuse.

C. Make a report to law enforcement within 2 working days.

D. Make a physical abuse report to Adult Protective Services.
Answer: LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license)
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Question: *53. Maxwell, age 46, is referred to you by his EAP because he is depressed and drinking daily on the job. He witnessed a train wreck 3 weeks ago in which several people were killed. Now he says he is terrified to leave the house without a couple of drinks to calm him down. He says that every time he hears a loud noise he feels faint, and he wakes up sweating and shaking. What action would the social worker take?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your ability to respond to client's needs in an ethical way.

A. Determine the client's ability to respond to anxiety treatment interventions.

B. Evaluate the client's need for a crisis intervention,

C. Limit the informed consent conversation to the legal requirements (fees, your business name and license) and proceed with crisis interventions.

D. Tell him that his treatment will be confidential as it pertains to his EAP.
Answer: LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license)
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Question: 54. All of the following would represent a permitted breach of confidentiality without the need for a client release EXCEPT:

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of instances in which we are permitted OR mandated to break client confidentiality.

A. Filing a child abuse report.

B. Ensuring safety for a suicidal client.

C. Responding to a CPS caseworker's request for family history following a child abuse report.

D. Calling the police to notify authorities that your client is leaving your office intoxicated and driving a motor vehicle.
Answer: LEGAL and ETHICAL
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Question: 55. You are seeing a client, Tom, for six months. Tom occasionally mentions his cousin, who specializes in installation of landscaped ponds. You've always wanted a landscaped pond with koi. Which of the following represents an ethical course of action?

Content Area: Ethics: Professional Competence and Preventing Harm. This question assesses your knowledge of dual relationships.

A. You find another landscaper to install the pond and do not make any attempt to engage Tom's cousin in a business transaction.

B. You call your client's cousin, along with several other landscapers, to gather price quotes.

C. You call your client's cousin and mention that you are an acquaintance of Tom's hoping that he'll give you a break on the price.

D. You ask Tom how he would feel if you hired his cousin to install a pond.
Answer: LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license)
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Question: 56. A social worker is becoming increasingly concerned that one client, who is acutely suicidal, is not improving. The social worker has suggested that the client speak with people in his life who might be supportive and be able to help, but the client only wants to speak with the social worker. The social worker is concerned about boundaries if she speaks with the client as often as he needs, which is at least once day. The client has threatened to leave therapy entirely if the social worker keeps suggesting outside support. Ethically, the social worker should:

Content Area: Ethics: Therapeutic Relationship/Services
This question pertains to ethical aspects of termination.

A. Tell the client directly the social worker's concerns if the client does not return to therapy.

B. See the client at least once a day to prevent harm and imminent risk.

C. Terminate with the client and have him involuntarily hospitalized.

D. Allow the client to terminate if the social worker is unable to provide adequate support.
Answer: LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license)
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Question: *57. You are working in a group practice and learn that one of your colleagues tends to have "a drink" in his office between clients. How do you handle the situation?

Content Area: Ethics: Business Practices and Policies
You must choose the best way to address your colleague's apparent drinking problem.

A. Tell your other colleagues in the group and perform a group intervention.

B. Discreetly confront your colleague about his drinking.

C. Contact the BBS.

D. Encourage your colleague to contact an ethics board for advice.
Answer: LEGAL and ETHICAL
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Question: 58. Maya, a 15-year-old emancipated minor, comes in to see you without parental consent. She tells you that last week her 20-year-old husband, Oliver, raped her when she refused to have sex with him. She's been feeling depressed and disoriented ever since this happened. Which of the following would represent the correct legal analysis of this situation?

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of child abuse reporting laws.

A. Since Maya is depressed and disoriented, you can treat her without parental consent.

B. Since Maya is married the rape would represent spousal abuse and you would have an ethical responsibility to ensure her safety.

C. Since Oliver is only 5 years older than Maya, Oliver's actions would not constitute lewd and lascivious behavior.

D. Since Maya is 15 years old, the rape would constitute child abuse.
Answer: LEGAL and ETHICAL
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Question: 59. A newly licensed social worker wants to establish her practice. She goes to several neighborhood psychiatrists and doctors advertising her practice and offering small tokens of appreciation in return. What is the problem here?

Content Area: Law: Legal Standards for Professional Practice. This question concerns the practice of purchasing referrals.

A. A social worker must be licensed for a period of two years before s/he can advertise door to door.

B. It is not ethical for her to go door-to-door to advertise her practice.

C. It is not legal for her to offer compensation for referrals.

D. Advertising is restricted to business cards and association literature.
Answer: Failure to keep records consistent with clinical judgment, standards, nature of services = unprofessional conduct (conditions for Suspension, Revocation of license)
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Question: 60. You are meeting with a client in your private practice for the first time. She tells you that she found you with an internet search with the search term "expert in eating disorders." Which of the following must, by law, be disclosed prior to beginning the session?

Content Area: Law: Confidentiality, Privilege, and Consent
This question is testing your knowledge of ethical and legal requirements of an informed consent.

A. Explaining the limits of confidentiality.

C. Your fee.

D. Your full name and license designation.
Answer: 1-Termination or interruption of services w/o notifying ct promptly + arranging transfer/ referral as needed . 2- Failure to take reasonable steps to avoid abandoning cts who are still in need of services 3-Failure to terminate when services no longer serve ct's needs 3- = ETHICAL VIOLATIONS
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Question: 61. Ponciano and Berta are a Guatemalan couple who have been in treatment with you. They are moving back to Guatemala this week. They come to session and present you with some freshly baked sweetbread that Berta says she made especially for you because of all you have done for them. She tells you that it is a custom in her country to make a parting gift when friends are separating. How would you respond?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of the ethics that pertain to gifts from clients.

A. Accept the gift but explain that gift giving is not usually a part of a therapeutic relationship.

B. Refuse the sweetbread because, ethically, social workers should not accept gifts from clients.

C. Further explore their customs but do not accept the sweetbread because it is unethical.

D. Based on her explanation regarding the meaning behind the gift, it would be sensible to accept the sweetbread and offer to share it with them at this last session.
Answer: Prior to the commencement of treatment, failing to disclose to ct or prospective ct the fee to be charged for the profess.services, or the basis upon which fee to be computed = ILLEGAL
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Question: *62. A male client comes to see you for the first time. As he talks, you begin to realize that he is definitely going to harm someone. He has a plan and is going to act, but he has not identified his intended victim to you yet. Just as he is about to tell you the identity of the name of the intended victim, you realize that you have not explained to him the limits of confidentiality:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to manage your ethical and legal obligations when a client might be dangerous.

A. Tell him to stop and refer him to someone else.

B. Wait until he identifies the intended victim and then explain the limits of confidentiality, as you must do as part of obtaining informed consent.

C. Ask him to stop and explain to him the limits of confidentiality as part of informed consent.

D. Proceed with the session and carry out your duty to protect, per Tarasoff, if he identifies the potential victim.
Answer: Misrepresentation re type or status of a license/reg., or other misrepresentation or permitting misrepresentation of his or her education, qualifications, profess affiliations= ILLEGAL
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Question: *63. You are working with a client who has expressed suicidal thoughts. You see the client once every two weeks because he does not have insurance. He uses your sliding scale and sometimes texts you between sessions. Which of the following steps would be considered reasonable in fulfilling the duty to ensure the safety of a suicidal client?

Content Area: Ethics: Business Practices and Policies
This question addresses your knowledge of a social worker's responsibilities to ensure the safety of a suicidal client.

A. Schedule extra sessions with your client.

B. Obtain the client's promise not to harm him/herself until you meet again and use a "self care" contract to reinforce the promise.

C. Give the client the number of the suicide prevention hotline.

D. Explore your client's support network.
Answer: Termination based on failure to pay overdue balance w/o following: payment policies were made clear, ct not in imminent risk, consequences of nonpayment addressed =
ETHICAL VIOLATION
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Question: 64. Social workers are required by law to comply with certain legal standards in the state in which they are licensed. All of the following are legal issues EXCEPT:

Content Area: Ethics: Therapeutic Relationship/Services
This question requires that you discriminate between legal and ethical issues.

A. Suicide.

B. Asking your client, who is a contractor, for information about drywall.

C. Setting a fee.

D. A dependent adult who states that his prescribed seizure medication has not been dispensed by his care custodian.
Answer: Failure to ensure fees are fair, reasonable. + commensurate w services. Failure to consider ct's ability to pay= ETHICAL VIOLATION:
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Question: 65. Lisa, age 43, is going through a bitter divorce. She brings her only child, Jamal, age 8, for therapy at the request of his school counselor. He was caught cheating on a test and lied about it to the teacher, the principal, and his mother. As you gather history, Lisa keeps revisiting the injustices of her having to "pay for HIS bad parenting." When you question her further, she rails about how her ex-husband spoiled Jamal by giving him everything, never backing her up with discipline, etc. She says, "He's such a jerk. And now he lives in a nice condo and I'm stuck in this dingy little apartment with this dishonest, ungrateful kid. I just can't believe I have to do this. I can't afford therapy and, I don't want to be schlepping him over here every week." What is the best way to proceed regarding her concern about paying your fee?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your sensitivity to client needs and ethical fee setting.

A. Consider offering to see Jamal on a sliding scale or pro bono basis.

B. Ask Lisa if she'd like you to call her ex-husband to get some of the payment from him.

C. Tell Lisa that she doesn't have to pay for therapy because you'll see her on a pro bono basis.

D. Have Lisa sign a release for you to confer with her ex-husband regarding the fee.
Answer: Accepting barter w/o all of the following:it's an accepted practice among profs locally, essential for provision of services, +initiated by ct + w ct's consent = ETHICAL VIOLATION
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Question: 66. Your client, Jordan, has just tested positive for HIV. He is in a relationship and is convinced that if he tells his partner, Julian, he will leave him. What are your ethical responsibilities in this situation?

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of ethical considerations regarding confidentiality and clients' HIV status.

A. Refuse to treat Jordan further unless he tells Julian of his HIV-positive status.

B. Tell Jordan that he should tell Julian.

C. Call Julian.

D. Maintain confidentiality.
Answer: Soliciting private fee/ remuneration for services to cts who are entitled to them thru your employer or agency= ETHICAL VIOLATION: NASW 1.13 Payment for Services
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Question: 67. The Humburgs come to counseling with their 16-year-old son, Cameron, because they found drugs in his room. They don't want the other two children, ages 9 and 11, to know. They want you to suggest some strategies to help Cameron overcome this problem. Ethically, you would:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to explain the parameters of therapy with clients.

A. Give them time to adjust to therapy since this is their first session and see just the three of them.

B. Tell them that you are a Family Systems therapist and the other children should be included.

C. Tell them that it would be outside of your scope of practice as a systems therapist to exclude the other two children.

D. Inform them of the risks and benefits of Family Systems therapy and see just the three of them.
Answer: 1-Not providing cts w/ reasonable access to records.2- Not assisting ct to interpret them if access to records might lead to serious misunderstanding or harm3- not limiting access + documenting rationale when there is compelling evidence that serious harm would result = ETHICAL VIOLATIONS
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Question: 68. You have been seeing Marsha, 11, with the consent of her mother, Jan. Jan is requesting a copy of Marsha's therapy notes because she wants to provide them to the school counselor. Under which of the following conditions can you refuse Jan's request?

Content Area: Law: Confidentiality, Privilege, and Consent
This question assesses your knowledge of the laws pertaining to parental request of a minor's records.

A. Marsha will not sign an authorization to release the information to her mother.

B. The content of the therapy notes may have a harmful effect on Marsha's psychological well-being.

C. Jan wants you to produce a copy of the records within 3 weeks time.

D. You don't feel comfortable breaching Marsha's confidentiality.
Answer: 1-Failure to provide the brochure re the rights of, and remedies for, patients who have been involved sexually with their psychotherapist. 2- Failure todiscuss with the patient the brochure prepared by the department= ILLEGAL.
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Question: 69. Mrs. Moran is referred to you by a former client. On the phone she refers to you as "Dr.," although you do not possess this degree or license. It is apparent to you that Mrs. Moran is quite depressed. How would you handle this situation?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of ethical standards regarding the obligation to accurately represent licensing status.

A. Inform Mrs. Moran of your license status once her mood has stabilized and she is in a better mental state to understand and evaluate this information.

B. Refer Mrs. Moran to a doctor since her statement indicates that she is seeking the services of a psychologist, psychiatrist, or M.D.

C. Give Mrs. Moran your business card which will provide her with your accurate qualifications.

D. Inform Mrs. Moran of your license and qualifications.
Answer: Sex with a ct or a former ct w/in 2yrs from termination, soliciting sex from a ct, or committing sexual abuse or sex.misconduct w/ct or committing act punishable as sex crime, if it's subst.related to qualifications, functions, duties of a clinical social worker.= ILLEGAL
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Question: 70. A 56-year-old woman that you have been treating has just experienced the death of her husband. His was the primary income, and she was not aware of all of the financial responsibilities. She tells you that she has been getting calls from bankers, real estate planners, and lawyers offering to provide assistance. If you become concerned for her welfare, you should:

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how and for whom to make appropriate referrals.

A. Refer her to a lawyer.

B. File an elder abuse report: financial abuse.

C. File an elder abuse report: undue influence.

D. Refer her to a financial planner.
Answer: Clarify who is considered ct and the nature of professional obligations to various individuals ETHICS
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Question: *71. Matthew, age 40, and Delilah, age 27, have been married for 8 months and have been referred to you by the pastor of their church. Delilah says, "It's like I keep marrying the same man. Just like my 2 ex's, he flies off the handle at the drop of a pin, and I don't like the way he disciplines the kids." Matthew says, "She needs to listen to me about how to raise children and seriously adhere to Biblical teachings." How would you manage your scope of practice obligations in light of the domestic violence?

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of working within the scope of practice to assess the safety of clients.

A. Establish your right to break confidentiality to prevent domestic violence.

B. Explain that there are exceptions to confidentiality, including the reporting of child abuse.

C. Question Matthew and Delilah separately about possible domestic violence.

D. Do not confirm nor deny to the pastor that Matthew is or is not your client.
Answer: Failure to comply with child abuse reporting requirements (call asap, f/u in writing w/in 36 hours)= Unprofessional conduct (conditions for Suspension, Revocation of license)
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Question: 72. You witness a mother abusing her child in a shopping mall.

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of child abuse reporting laws.

A. Ethically, you should report the child abuse.

B. Legally, you do not have to report the abuse.

C. You will be in violation of ethical standards if you do not report to the police or child protective service agency.

D. Legally, you must report the abuse by phone and follow up with a written report within 36 hours.
Answer: ETHICS/ NASW
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Question: 73. When working with a female client who is being abused by her partner, what is your ethical responsibility?

Content Area: Ethics: Therapeutic Relationship/Services
This question assesses your knowledge of your ethical responsibilities when you become aware that a client is being abused by her partner.

A. To establish a plan of safety, including shelters and established support systems.

B. To make an optional dependent adult abuse report to protect the client if she is pregnant.

C. To report child abuse if children were witnesses to the abuse which negatively impacted them.

D. To refer the client to a divorce lawyer.
Answer: LEGAL + ETHICAL
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Question: 74. An HMO refers a client dealing with depression. When the client arrives at her first session she explains that she's not depressed but is seeking vocational counseling, intellectual testing, and information regarding her desire to change careers. She states that she didn't believe the insurance company would authorize treatment for such a "lame reason." What would you do?

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of how to work within your scope of practice.

A. Inform her that she will have to pay out of pocket.

B. Proceed with treatment.

C. Refer the client to a career counselor.

D. Call the insurance company and inform them that you will be seeing her for reasons other than depression.
Answer: ETHICS
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Question: *75. During your intake interview, you learn that your client is a lawyer. As you discuss the limits of confidentiality, the client asks, "can you plead the Fifth like I can in court?" As you consider your answer, you consider some hypotheticals. Privilege might be waived in which instance?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question is asking you to choose when privilege could be waived.

A. A client is a 13-year-old girl, who you are seeing without parental consent, and has been selling drugs.

B. A client has told you he has been involved in hacking a corporate database under an assumed name.

C. A client accused of assault and battery uses insanity as a defense in court.

D. A 64-year-old woman complains to you that her bank is making automatic withdrawals without permission.
Answer: LEGAL + ETHICAL
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Question: *76. A social worker who is running a therapy group receives an email from one member of the group, describing some personal issues that she does not feel comfortable discussing in the group setting. The social worker has all group members on a contact list and in his reply to this individual he accidentally does a "reply all" to the members of the group: "Please bring that up in the group if you feel comfortable doing so; if not, I can give you some referrals." What should the social worker do to fulfill ethical obligations?

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of how to respond in an ethical and competent way when confidentiality has been compromised.

A. Address the mistake in the next group.

B. Refer to any "no secrets" policies that allow the social worker to bring up an individual's issues.

C. Nothing needs to be done; no one's confidentiality was breached..

D. Send a private email to the client who sent the first email with an apology for the breach of confidentiality.
Answer: LEGAL (Tarasoff decision)
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Question: 77. A second generation Chinese-American man comes into therapy and asks you to help him find a wife because his father is pressuring him to get married. Your FIRST intervention would be to:

Content Area: Ethics: Therapeutic Relationship/Services

A. Indicate that his needs would best be served by an Asian mental health professional.

B. Inform him that this is an inappropriate goal for treatment.

C. Engage him in a discussion of his motivation and past efforts.

D. Address his presenting problem and assist him in finding a wife.
Answer: LEGAL
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Question: 78. Roger Kelly has been coming into work late, borrowing money from other employees, and creditors had begun calling him at work regarding overdue bills. He was recently fired from his job because of inadequate performance after a physical altercation with another employee. His boss terminated him and indicated that his recent change in attitude, unpredictable behavior, and job performance would have caused him to be terminated in any case. Roger is so angry about the termination that he threatens to sabotage several machines at the record-pressing factory. How should the social worker proceed?

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of Section 1024 of the Evidence Code.

A. Maintain Roger's confidentiality.

B. Warn the manager of the factory because this is analogous to a Tarasoff situation.

C. Ethically, the social worker may choose to break confidentiality according to the Landeros vs. Flood decision.

D. Follow the guidelines as set forth in Section 1024 of the Evidence Code.
Answer: LEGAL + ETHICAL
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Question: 79. Christine is a 14-year-old ward of the court. During the first session she says that her group home counselor is not helping her. Christine says that another child in the group home has sexually molested her, but no one believes her. She says that an abuse report was filed, but nothing came of it. She wants therapy to help her manage her feelings. Legally the next step would be to:

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of how to report child abuse when the abuse happens out of the child's home.

A. Get consent from her court-appointed attorney.

B. Get consent from her group home counselor.

C. Have her terminate with her group home counselor.

D. File a child abuse report.
Answer: LEGAL
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Question: 80. Your 17-year-old client tells you that she was molested on many occasions as a younger child. She tells you that she was taken from the home in which it occurred and has never returned. She tells you that she found the perpetrator on a social networking site that makes her think he is still looking for under-age victims. She shows you his posts and you concur. What would be the most important legal requirement that you would have in such a case?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of child abuse reporting requirements.

A. Report the abuse to CPS immediately by phone and with a written report within 36 hours.

B. Inform her of her rights about reporting him now that she is an adult.

C. Advise her to make a police report about a sexual predator.

D. Develop a safety plan if he responds to her posts.
Answer: LEGAL
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Question: 81. Your client, Barbara, has been unemployed for three months. In her last session she stated that she plans to kill her ex-boss tomorrow because he's the cause of all her unhappiness. You call the police to alert them to Barbara's plan, but they don't seem to take you seriously because there isn't a weapon involved. The officer on the phone tells you not to worry about it. Given your responsibilities under the Tarasoff ruling, you would:

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question involves a Tarasoff situation.

A. Document your phone call outlining your concerns and justifying your actions in order to cover your liability.

B. Have Barbara come in immediately for crisis counseling.

C. Call Barbara's ex-boss and warn him of her plan.

D. Call Barbara and find out if she has a gun so you can tell the police.
Answer: LEGAL and ETHICAL
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Question: 82. Jeannie and Chuck Jones and their two children Brooke and Josh, have been seeing you for family counseling for 6 weeks when they come to see you right after a "big family fight." You notice a rip in Josh's clothes and Brooke's red eyes leads you to believe she has been crying. You separate the family and gather a lot of information about the fight. Which statement would NOT lead to a child abuse report?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. The focus of this question is child abuse reporting mandates.

A. Josh tells you his father tried to push him into a cold shower, and his clothes ripped pulling away.

B. Jeannie says that after the fight with the children, she and her husband got into another fight alone in the bedroom, and he punched her in the stomach.

C. Josh tells you his Dad was also trying to lock him in the closet.

D. Brooke tells you her Dad repeatedly said she was stupid.
Answer: LEGAL and ETHICAL
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Question: 83. A client comes to his session with his 72-year-old father, who uses a walker from a fall which he reports was caused by a fight with his wife. The father tells you that his wife has been stealing his social security checks each month and gives him only $5.00 a week. At this point you should:

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question continues to test your knowledge of reporting elder abuse.

A. Call Adult Protective Services with the clients in your office and report physical abuse and financial abuse.

C. Explore possibilities for alternative living arrangements with the father and address the feelings both he and your client may be feeling due to this trauma.

D. Report the financial abuse, even though it is optional, since the victim and your client have requested your assistance in this matter.
Answer: LEGAL
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Question: 84. You have assessed a chronically depressed client for suicidal tendencies and determined the person to be at high-risk. You are:

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of the law pertaining to suicidal clients.

A. Legally bound to report.

C. Legally responsible to intervene.

D. Not responsible in any way as the client has a right to make his/her own decision.
Answer: Failure to provide services only w/ valid inf. consent incl. purpose, risks + limits of services costs, alternatives,right to refuse/withdraw consent, time frame covered by consent = ETHICAL VIOLATION
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Question: 85. Which of the following conditions would meet the definition for being gravely disabled under 5150 criteria?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of conditions which define a person as being gravely disabled.

A. Command auditory hallucinations telling the client to kill other people.

B. Command auditory hallucinations telling the client to kill him or herself.

C. Command auditory hallucinations telling the client his/her food is poisoned and s/he cannot go home.

D. Choosing to be homeless.
Answer: Failure to provide information about the nature and extent of services and about the extent of clients' right to refuse service= ETHICAL VIOLATION
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Question: 86. Your 15-year-old client comes to session extremely agitated because she just found out that a photo she sent to her boyfriend is now circulating all over the school. She is getting harassing comments about her appearance and sexual promiscuity. She is afraid that the school will contact her parents if she reports the harassment to school authorities. How do the laws pertaining to bullying direct your actions as a social worker?

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of appropriate interventions with a minor.

A. You may speak with the school, or they may speak to you without a release.

B. You must report to the school authorities, but you are not required to report to the police.

C. You may advise your client about her reporting requirements.

D. You may tell your client about the laws pertaining to cyberbullying.
Answer: Failure to inform recipients of the limitations and risks associated with such services = ETHICAL VIOLATION
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Question: *87. After completing a three-month course on hypnotherapy, you decide to advertise your new specialty. You receive a call from Christopher, who says he would like to come in for a session, so that you could hypnotize him to stop smoking. He says he's tried the patch and nicotine gum, but he needs your help to quit once and for all. How would you respond to Christopher's request for treatment?

Content Area: Law: Legal Standards for Professional Practice. This question deals with scope of practice for mental health professionals.

A. Make an appointment because hypnotherapy is now part of your scope of competence.

B. Inform him of your fee before the commencement of treatment.

C. Refer him to a medical doctor.

D. Tell him that you will not be able to help him quit smoking.
Answer: Engaging in dual or multiple relationships w/clients or former clients in which there is a risk of exploitation or potential harm to the client = ETHICAL VIOLATION
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Question: 88. A famous rock musician who can pay your top fee is referred to you by a colleague. You send your colleague a bottle of fine wine in gratitude. Which of the following statements is TRUE about this situation? You have:

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of legal and ethical standards in dealing with referrals.

A. Expressed your gratitude in an appropriate and professional manner.

B. Not acted unethically or illegally since you did not solicit the referral.

C. Not acted unethically or illegally since you did not directly pay the colleague for the referral.

D. Acted unethically and illegally.
Answer: Soliciting private infor from cts unless it is essential to provide services or conduct evaluation/ research. Once private information is shared, not complying w/ standards of confidentiality = ETHICAL VIOLATION
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Question: *89. Your client has two children and is divorced. She tells you that when she arrived at her ex-husband's house last night to pick up the children, he had locked the doors and texted her that, "Me and my children are moving across the country." He has no criminal history, but she is afraid she will never see her children again. Which of the following is the clinician's first intervention?

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of when to make referrals for expertise outside of your scope of practice.

A. Advise her to call Child Protective Services for abduction.

B. Explore the events immediately preceding this one.

C. Call the police.

D. Advise her to call her lawyer.
Answer: sex w/ a client or former ct w/in 2years from termination, soliciting sex, or committing act of sexual abuse or misconduct w/ a ct, or committing an act punishable as a sex crime, if its subst. related to qualifications, functions, duties of clinical SW = ILLEGAL <Unprofessional conduct >
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Question: *90. Your client works as a pilot and often misses appointments because she is called out-of-town at the last minute. When billing her insurance, you:

Content Area: Law: Legal Standards for Professional Practice. This question evaluates your knowledge of appropriate ethical guidelines for insurance billing and insurance fraud.

A. Note carefully which sessions the client actually attended.

B. Must not include missed sessions on the bill since insurance will not pay for these.

C. May not commit insurance fraud by noting which of the sessions were canceled within your 24 hour limit and which were canceled at the last minute.

D. May remind her she will have to pay for missed sessions herself.
Answer: Failure to discuss nature of confidentiality + limitations of clients' right to confidentiality as soon as possible in SW-client relationship= ETHICAL VIOLATION
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Question: *91. Rob, a 27- year-old African American male, and Cynthia, his 24-year-old Mexican American girlfriend, have decided to live together after six months of dating. Cynthia asked Rob to participate in therapy, and Rob agrees to attend one month of therapy in order to "try it out." During the first session, Cynthia softly reports that Rob cannot control his anger. Rob quickly turns to Cynthia and shouts, "You're the one that's too sensitive!" When creating a safety plan with Cynthia, you would do all of the following EXCEPT:

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of the legal obligations to assess a client's safety and treat the client within your scope of practice.

A. Make yourself available by phone and increase the frequency of sessions.

B. Provide a list of addresses and phone numbers to local shelters, emergency housing agencies, and crisis centers.

C. Provide a safety plan session for Cynthia and Rob in order to help decrease verbal and physical abuse between them.

D. Advise Cynthia to gather important items in one place (i.e. extra set of car keys, debit and credit cards, medical records and prescription refills, etc.).
Answer: 1-Failure to seek agreement re each person's right to confid. +obligation to preserve the confidentiality of others.2- Failure to inform you cant guarantee all participants will honor such agreements= ETHICAL VIOLATION
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Question: *92. A client comes to your office for an initial visit. During your intake the client reveals that she left her previous therapist recently because she became uncomfortable when he invited her to have dinner with him. Your client asks what she should do. You would:

Content Area: Law: Legal Standards for Professional Practice. This question assesses your legal knowledge regarding a therapist's boundaries with a client and requires that you discern between sexual exploitation and an unethical dual relationship.

A. As required by law, provide your client with the brochure describing client options for action against therapists in such situations.

B. Contact the therapist to discuss the legal/ethical consequence of his actions.

C. Assess for further boundary violations.

D. Contact the BBS to report the therapist's inappropriate actions.
Answer: Failure to keep all info confid. except for compelling prof.reasons- e.g. when disclosure needed to prevent serious, foreseeable,+imminent harm to a client or other identifiable person=ETHIC. VIOLATION
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Question: 93. A man calls you to ask about his wife's therapy bill since she has been using his insurance. He asks if you can provide copies of the previous three months' bills because the insurance company has lost them. Upon hearing his request, you:

Content Area: Law: Confidentiality, Privilege, and Consent
This question asks for the confidentiality rules in regard to third party callers. The issue of the insurance statements is secondary to the confidentiality issue.

A. Send a copy of the bill since it is his insurance.

B. Call his wife and ask if she would like you to send him a copy or if she would prefer you send it addressed to her.

C. Tell him you cannot confirm or deny that his wife is your client.

D. Give his wife the bill copies at her next session.
Answer: Failure to inform clients, to extent possible, re disclosing confid. info +potential consequences, when feasible beforehand (whether SW disclosing on basis of a legal requirement or ct consent)=ETHIC. VIOL.
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Question: *94. A female social worker who is having problems in her own marriage finds that she is consistently siding with the wife in couples therapy. Ethically, the social worker's primary obligation is to:

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to meet client needs when negative counter-transference could impact objectivity and client welfare.

A. Obtain supervision to address counter-transference.

B. Discontinue conducting therapy until her own marital problems are resolved.

C. Attempt to balance treatment by siding with the husband.

D. Call in a co-therapist to monitor the therapist's behavior.
Answer: Failure to limit cts' right to self-determin. when, in your professional judgment, cts' actions or potential actions pose a serious, foreseeable,+imminent risk to themselves or others. =ETHIC. VIOLATION
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Question: *95. Which of the following scenarios describes a social worker's legal duties regarding the use of telemedicine?

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of the difference between legal and ethical responsibilities.

A. A social worker bills an internet client the fee before starting therapy.

B. A social works breaks confidentiality because an internet client is engaging in child abuse.

C. A social worker provides a client a copy of the informed consent document to download and return with a signature.

D. Referring a client to a CPS website if the client reports child abuse.
Answer: 1-Not consulting w/ colleagues when it's in ct's best interests. 2-When consulting, disclosing more ct info than necessary =ETHIC. VIOLATION
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Question: 96. A couple, whose children have all graduated from high school, is considering adopting an elementary school-age child. They believe that a child who has not yet been adopted would do well in their household, and they want to give back to society. How should the social worker approach this couple's decision?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to respond to clients' treatment needs.

A. Advise them on the cultural implications of adoption.

B. Assess for a phase of life problem.

C. Obtain consultation about adoption.

D. Refer if the couple has reached the original treatment goals.
Answer: Giving or receiving payment for a referral (when no professional service is provided by the referring party)=ETHIC. VIOLATION
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Question: 97. Deanne is a 13-year-old who is in therapy with you without her parents' consent. In this case, who is the holder of the privilege?

Content Area: Law: Confidentiality, Privilege, and Consent
The issue presented in this vignette is whether a minor can be the holder of privilege.

A. You, due to client privilege.

B. Deanne.

C. The state because Deanne is a minor.

D. Deanne's parents because parents hold privilege for minors.
Answer: 1-sex w/supervisees/ students. 2- Failure to avoid sex w/ colleagues; failure to transfer professional responsibilities, when necessary, to avoid a conflict of interest, if having or anticipating sexual relationship w/ colleague.
=ETHIC. VIOLATIONS
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Question: *98. A person calls telling you that she is your client's conservator. Your client is physically disabled and has told you about the challenges associated with being under conservatorship. The client tells you that she hates not being able to make her own decisions. How do you manage your ethical obligations related to informed consent?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge about the ethical requirements for informed consent.

A. If you have any concerns for the client's safety, tell the conservator about the limits of confidentiality related to dependent adults.

B. Determine the type of conservatorship. LPS conservatorships allow the conservator to consent to treatment.

C. Tell the conservator about your mandate to report dependent adult abuse.

D. If you have any concerns for the client's safety, tell the client about the limits of confidentiality related to dependent adults.
Answer: 1-Failure to discuss concerns directly w/ colleague when feasible +when such discussion is likely to be productive. 2- Failure to proceed, when necessary, to take actions through formal channels = =ETHIC. VIOLATIONS
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Question: 99. Angelina, a 20-year-old college student, comes to see you complaining that she's having difficulty breathing and concentrating, and that she thinks it's "all in her head." Angelina says she was date raped three weeks ago and says you are the only person who knows. She hasn't told her parents and doesn't want them to know about it. Angelina says, "Please help me. I can't take this anymore." She tells you that her parents have told her that they will pay for her therapy. How would you manage the legal issue of payment?

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of the legal issues that pertain to fees.

A. Explain the limits of confidentiality if a third party is paying for therapy.

B. Consider offering Angelina a lower fee so that she can pay for her own therapy.

C. Talk to Angelina about whether she wants her parents to pay for therapy.

D. Bill Angelina for therapy and let her decide whether to give the statement to her parents for reimbursement.
Answer: 1-Failure to consult w/ the colleague when feasible+ assist in taking remedial action. 2- Failure, If problem persists +colleague hasnt taken steps to address it, to take action thru appropriate channels established by employers, agencies, NASW, licensing + regulatory bodies =ETHIC. VIOLATIONS
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Question: 100. You have been seeing a client for 3 months. You learn she has a daughter who attends the same pre-school as your son. How do you ethically handle this dual relationship?

Content Area: Ethics: Professional Competence and Preventing Harm. This question assesses your knowledge of ethical management of dual relationships.

A. Refer your client out since the therapy relationship is still fairly new.

B. Acknowledge the coincidence, explore your client's reactions and discuss how you will both act should you see each other at school functions.

C. Transfer your son to another pre-school to avoid a dual relationship.

D. Do not acknowledge the coincidence in session since it is a large pre-school and unlikely you will encounter one another.
Answer: Establish + maintain billing practices that accurately reflect nature + extent of services provided and that identify who provided the service in the practice setting. ETHICS
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Question: 101. A client who has been in individual therapy wants to bring her children for therapy. The first thing a social worker must do if the social worker agrees to see the children with their mother is:

Content Area: Ethics: Therapeutic Relationship/Services
This questions tests your knowledge of the ethical steps required for changing a treatment unit or plan.

A. Change the unit of treatment.

B. Provide informed consent.

C. Talk about the risks and benefits of family therapy.

D. Refer the daughter to an individual therapist.
Answer: Failure to be a diligent steward of the resources of employing organization =ETHIC. VIOLATIONS
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Question: *102. Cathy is a 28-year-old clerk who works in a department store. A social worker has been seeing Cathy, her 7-year-old son, and her 5-year-old daughter in therapy for a month. She never married her children's father, Bob, who calls "once in a blue moon" requesting to spend time with the kids or will arrive at the door with presents. She receives no support from him and doesn't want to ask him for money because she feels that he will want to visit them more if she does. If Bob subpoenas the children's therapy records, what would be the most appropriate move for the social worker to take?

Content Area: Law: Confidentiality, Privilege, and Consent
This question checks your knowledge on confidentiality and privilege.

A. Keep the records confidential and make an appointment with Bob to discuss his concerns.

B. Indicate to Bob that you can only release the records if Cathy signs a release form.

C. Determine whether the subpoena came from an attorney or the court.

D. Keep the records confidential and alert Cathy of the subpoena.
Answer: 1-Failure to discuss w/ client benefits/risks of transferring care. 2- Failure to discuss w/ ct whether consultation w/ previous service provider would be in ct's best interests. =ETHIC. VIOLATIONS
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Question: 103. During the week you get a call from a concerned mother. She tells you that her 15-year-old son, Aaron, who is in therapy with you, sometimes talks with a gang member on the phone. Today she accidentally picked up the phone and overheard the gang member saying that he is going to kill Aaron. Legally, how would you proceed?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of Tarasoff laws.

A. Treat the situation as a Tarasoff case.

B. Report the information to the police.

C. Maintain Aaron's confidentiality.

D. Let Aaron know his mother called.
Answer: To practice, condone, facilitate, or collaborate w/ any form of discrimination =ETHIC. VIOLATIONS
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Question: *104. A man is in therapy, and he is pleased with the way it is going. He refers his wife to his therapist. What should the therapist do in this situation?

Content Area: Ethics: Professional Competence and Preventing Harm. This question explores the ethics of initiating therapy with the spouse of an established client.

A. Encourage his wife to come in for conjoint therapy.

B. Turn down the referral and suggest other clinicians.

C. Wait until his therapy is done before accepting his wife as a client.

D. See the wife individually until you have established a therapeutic alliance, then if the couple desires, see them conjointly.
Answer: Soliciting testimonial endorsements (incl. consent to use ct's prior statement as a testimonial endorsement) from current clients or others vulnerable to undue influence=ETHIC. VIOLATIONS
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Question: 105. How would you assess an immigrant family at a first session?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of assessment techniques when working with immigrant families.

A. Ascertain their level of acculturation.

B. Determine that the father is in accord with therapy.

C. Reassure the family that seeking treatment is not a sign of weakness.

D. Refer the family to an immigrant support group.
Answer: 1-To allow own personal problems, psych.soc.distress, legal probs, SA, or MH difficulties to interfere w/ prof. judgment +performance. 2- If it occurs, failure to seek immediate consultation +take immed. remedial action. =ETHIC. VIOLATION
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Question: *106. You have been seeing Terrie and Jennifer, a gay couple. Terrie and Jennifer want at least one child, but they strongly disagree about whether they should adopt a child or have one by artificial insemination. In their next session, they say they need your help to solve this quandary. You should:

Content Area: Ethics: Professional Competence and Preventing Harm. This question evaluates your understanding of appropriate therapeutic boundaries regarding important client decisions.

A. Ethically, not give your opinion on this subject.

B. Use applied therapeutic techniques to help them evaluate both options before you decide if it would be therapeutically useful to state your opinion.

C. Help them problem solve but not give them any personal opinions.

D. Refer them to specialists in adoption and artificial insemination so that they can get more information which would allow them to better decide.
Answer: Allowing one's private conduct to interfere w/ ability to fulfill profess.responsibilities. =ETHIC. VIOLATION
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Question: 107. A social worker was recently hired at an agency that specializes in work with victims of domestic violence. The agency policy states that the social worker must not include any mandated information in the client's file because it puts the children at risk of stigma if their files are ever subpoenaed. The social worker is responsible for:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to proceed legally when an agency policy conflicts with the law.

A. Speaking with an outside consultant to determine the best course of action.

B. Reporting the agency to the BBS because other colleagues may act unethically or illegally as a result of this policy.

C. Developing a safety plan with the mother.

D. Including a child abuse report in the file if one is made.
Answer: Faiure to act to prevent the unauthorized and unqualified practice of social work =ETHIC. VIOLATION
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Question: *108. George takes care of his wife, Gracie because she is unable to work. George asks you to help him manage his finances so that he is able to pay Gracie's medical bills, the family bills, and afford therapy. How should you respond to George's request and still maintain proper therapeutic boundaries?

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of how to act within your scope of practice.

A. Call a financial planner that you know sometimes works on a sliding scale to explain George's situation and see if she is willing to help.

B. Explain to George that you cannot use therapy time to help him with his finances because it is out of your scope of competence.

C. Inform George that he will still need to pay you for therapy, but that you are willing to adjust your fee if necessary.

D. Introduce George to a budget minder book, show him how to create a budget, and provide referrals to websites to find less expensive medication.
Answer: Legal
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Question: 109. A client you have been treating for 3 months is suing you because her online therapist told her that she has undiagnosed Bipolar I Disorder. You did not know that she was also pursuing online treatment from a different therapist. She is claiming emotional distress as a result of your negligence in diagnosing and treating her. Would ethics standards allow you to terminate this client?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of the ethics that regulate termination.

A. Yes, because she is seeing another therapist and you must avoid exploitation.

B. No, because you continued to treat her without asking about another therapist.

C. Yes, because she is seeing another therapist who has a better scope of competence.

D. No, because she is suing you and you must avoid negative counter-transference.
Answer: Ethical
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Question: 110. A reality-oriented, high-functioning client tells you she has been following a company's stock for a number of years and the company's stock price is several points below the company's book value. She tells you the company's profits should double in the next two quarters due to a return on recent expansion. You would:

Content Area: Ethics: Professional Competence and Preventing Harm. This question reviews the ethics of acting on financial investment information obtained in a therapeutic setting.

A. Legally not be able to purchase the stock because you received the information in confidence.

B. Legally not buy the stock, but you could advise your friends to do so.

C. Not buy the stock because of ethical considerations.

D. Buy the stock, but only without the client's knowledge.
Answer: EThical
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Question: 111. A 13-year old named Colleen leaves you a voicemail asking if you'll be her social worker. Before treating Colleen without parental consent, you need to determine that all of the following factors are present EXCEPT:

Content Area: Law: Confidentiality, Privilege, and Consent
This question reviews the situations where a minor can receive therapy without parental consent.

A. Colleen has a history self-harm.

B. Colleen is at least 12 years old.

C. There is a good reason not to include Colleen's parents.

D. Colleen is mature enough to participate in therapy.
Answer: Legal and Ethical
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Question: *112. As part of her telehealth practice, a social worker offers quick online surveys to help clients decide if they want therapy. The surveys ask standard questions for typical diagnoses. One day a client asks for an in-person session because the test suggested that her child has AD/HD. How should the social worker proceed with informed consent?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests how you would provide informed consent from an internet referral.

A. Discuss the fee for a complete AD/HD assessment.

B. Discuss the limits of confidentiality related to an online assessment.

C. Have the client sign a release authorization to discuss the online survey.

D. Explore whether the client wants you to assess her child for AD/HD.
Answer: Legal
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Question: 113. 14-year-old Athena and her mother, Voula, moved here from Greece one year ago and were referred by Athena's school counselor. Athena has been cutting school and her grades have been dropping. Tearfully, Voula says, "I don't know what I've done wrong. I just want to sleep all the time." Voula asks, "Can I pay for therapy when I get a job?" How would you clinically manage the legal issue of fees?

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of the legal issues that pertain to fees.

A. Manage any counter-transference reactions about the suggested fee arrangement.

B. Reach an agreed-upon fee arrangement prior to the commencement of therapy.

C. Offer Voula a sliding scale fee before beginning therapy and document your agreement.

D. Tell Voula you cannot let her run up a debt because it could create a dual relationship.
Answer: provide access except when there is compelling evidence that serious physical injury or death would result.
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Question: 114. After completing a series in "mindfulness," a social worker wants to use new interventions with ongoing clients. From an ethical point of view, can the social worker use this new modality?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to proceed ethically with a change in treatment plan which requires informed consent.

A. Yes, but only with new clients.

B. Yes, but only with informed consent.

C. No, because it represents a change to the treatment plan.

D. No, because it represents a change to treatment goals.
Answer: provide access except when there is "compelling evidence" that "serious harm" would result
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Question: 115. You have been treating a client who has just immigrated from China. The client does not want to discuss his emotions and wants you to give him advice regarding how to have a successful business in America. You would:

Content Area: Ethics: Therapeutic Relationship/Services
This question pulls for your treatment strategies when managing diverse populations.

A. Share your ideas about viable business opportunities.

B. Confront the client regarding his resistance to talking about his emotions.

C. Empathize with him regarding the stress that accompanies acculturation.

D. Consider the client's cultural values and his expectations of therapy.
Answer: you must keep adequate clinical records consistent with the standards of your profession
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Question: 116. Your client Silvia comes to therapy upset because she overheard her neighbor stating that he plans to shoot the mayor tomorrow evening and owns a gun. She tells you she has tried to calm him down, but he just "keeps blaming the system for his unemployment." What is your legal obligation?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question assesses your knowledge of legal obligations related to the Tarasoff ruling.

A. Call the police and notify the mayor.

B. Discuss options that Silvia has to prevent harm to the mayor.

C. Call the police and inform them of the imminent danger.

D. Maintain confidentiality.
Answer: consent by just one member of couple
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Question: 117. Mr. and Mrs. Chavez come to see you because they are referred to you by their physician. Their doctor has told them that their youngest son has a kidney disorder that will require surgery in the near future. The couple believes that God will intervene in this situation and refuse surgery based on their religious beliefs. Which of the following statements is the BEST response to this situation?

Content Area: Ethics: Therapeutic Relationship/Services
This is a question concerning medical neglect.

A. The parents have the final right to make critical decisions for their son's medical care.

B. "Cultural competence" is an ethical obligation that requires social workers to avoid imposing their own values on the client.

C. You are mandated to report this situation to a children's protective agency.

D. You are legally required to inform the doctor about the parent's decision.
Answer: need consent from each individual prior to releasing
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Question: *118. Molly brings 13-year-old Marvin to your office and indicates that she believes the boy is depressed and needs therapy. She indicates that she is Marvin's legal guardian, and that she has consulted with the father, who also wants therapy for Marvin, and says he is willing to cooperate in any way necessary to see that Marvin gets treatment. How would you proceed in obtaining consent to treat Marvin?

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge about consent to treat a minor.

A. Consent is not necessary since Marvin is over the age of 12 and is depressed.

B. Obtain consent from Marvin's father since he wants therapy for Marvin and has indicated a willingness to cooperate with his treatment.

C. Obtain consent from Molly since she is the legal guardian.

D. Ask to see the custody papers to determine who should sign for consent to treat Marvin.
Answer: can keep joint or separate records. The law requires you to keep adequate clinical records consistent with the standards of your profession, but the law allows you to keep records for a couple either separately or conjointly.
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Question: *119. There's something about your client, Zohar, that reminds you of your brother, and you often find yourself thinking about your brother during sessions and having strong reactions to Zohar because of associations with your brother. Once you accidentally called him by your brother's name. In such a situation, a social worker should:

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of ethical behavior when dealing with counter-transference.

A. Make the situation transparent by explaining to Zohar that he reminds you of your brother and process the meaning of this with him.

B. Explain the situation to Zohar and tell him that in order to ensure treatment unclouded by personal reactions, you need to refer him to another mental health professional.

C. Explain the situation to Zohar and ask how he wants to deal with it.

D. Talk about this issue with a colleague in consultation or with your own therapist.
Answer: Do not use derogatory language in written or verbal communications to or about cts. Use accurate + respectful language.
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Question: *120. A therapist is leaving for vacation and has referred all of her clients to you. On the day before your colleague is set to leave town, one of her clients calls you and says that she is in crisis and needs to be seen tomorrow. She adds, "my therapist told me that I could call you if I thought seriously about killing myself. Well, it feels pretty serious." Your ethical priority is to:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to intervene ethically in a potential crisis.

A. Notify the referring therapist of the client's treatment needs.

B. Tell the client to call her therapist who is still available in town.

C. Provide the client with a crisis number hotline until you are "on duty" for these clients.

D. Ask her to get you quickly up to date on her general treatment so far.
Answer: Legal
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Question: *121. Zach comes to his session angry and upset after witnessing a scene at his tennis club where he observed Ludwig Babcock, a tennis trainer, slap a child several times. Zach says that his son told him Ludwig often hits students, but that this is Ludwig's way of preparing the students for competition. After you hear Zach's story, you would:

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of child abuse and reporting requirements.

A. Support Zach in expressing his feelings of anger and sadness since neither the alleged perpetrator nor the alleged victim is your client.

B. Urge Zach to call Child Protective Services and report child abuse.

C. Maintain confidentiality since there is no evidence that the students are injured by the slaps and hits.

D. Report child abuse to the police.
Answer: legal principle requiring professionals to engage in the standard of care that is practiced by reasonable and prudent members of their own profession in their own locality
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Question: 122. A social worker terminates treatment with a client after six months of therapy. The client files a complaint about this. In order to demonstrate that the social worker had sound reasons for deciding to terminate the treatment, all of the following could be acceptable reasons for terminating EXCEPT:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of the ethical parameters on treatment termination.

A. The client has failed to pay a debt of $700 in unpaid fees despite warnings from the social worker that termination could result.

B. The social worker wants to change the focus of his or her practice and only treat "high functioning" clients.

C. The social worker realizes that the client is involved in a sexual relationship with the social worker's ex-partner.

D. The social worker has been unable to resolve strong emotional reactions to the client who reminds the social worker of his/her mother.
Answer: Ethical
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Question: 123. A client, who is in court-mandated therapy, tells the social worker that he is going to leave the state because he doesn't want to be in therapy or go to jail for violating probation. The social worker tries to encourage the client to see the benefits of staying in therapy, but the client becomes visibly angry and agitated. If the social worker is concerned about the client's potential for violence, the reason for seeking consultation is NOT to:

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of when consultation is required to maintain scope of competence.

A. Meet the legal standard of care.

B. Assess the social worker's own blind spots to risk.

C. Discuss any suspicions that would validate terminating the client.

D. Reassess the social worker's scope of competence.
Answer: needs and best interests
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Question: *124. You negotiate a fee with your new client Chetwyn, who asks if his insurance company will pay for the sessions. You tell him that having worked with this company in the past, you're certain that they will pay for your work together. When you receive a check from the insurance company, only half the sessions are reimbursed because you have been meeting with Chetwyn twice a week. You would:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of ethical standards pertaining to fees and insurance billing.

A. Bill Chetwyn for services provided that the insurance company did not cover.

B. Forego payment because you did not adequately explain the process of fee collection and insurance billing to Chetwyn.

C. Advocate for full coverage of Chetwyn's mental health treatment with the insurance company.

D. Explain to Chetwyn what happened and inform him that he is responsible for any fees not paid by his insurance company.
Answer: act to prevent the actions, do not maint
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Question: *125. Don LaMond is the guest speaker at a conference about domestic violence. He is a licensed social worker but also has a Ph.D. in economics. When the announcer introduces him to the audience, he refers to him as Doctor Don LaMond. Don should:

Content Area: Ethics: Business Practices and Policies
This question addresses the ethical and legal necessity to clarify one's qualifications in the mental health field.

A. Clarify immediately to the audience that he is not a doctor of psychology, as required by ethical standards and legal standards.

B. Correct the announcer privately after the presentation.

C. Proceed with his presentation. This sort of thing happens all the time. There is no legal or ethical responsibility to do anything.

D. Clarify immediately any misleading information as to his qualifications, professional status, or education, as required by law.
Answer: no more than 4 years from date
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Question: *126. Several of your clients are homosexual, and one client in particular is the leader of a group for a range of gender identity support groups. She refers several clients to you because she is impressed with your ability to stay "open minded about whoever people want to be." Ethically, what would you want to address first?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to maintain ethical standards with diverse populations.

A. You would need to determine if your scope of competence was adequate.

B. Avoid a dual relationship with your client by soliciting referrals.

C. Since these clients might know each other, explain the limits of confidentiality.

D. Explain that if they are in the group for gender identity issues, you cannot treat them for the same issue.
Answer: when a SW or client acts in a way outside of their agreed upon duties/role
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Question: 127. Your 52-year-old client returns from visiting his brother in Florida. He explains that his brother, who cares for their 84-year-old father, doesn't take him to his doctor or physical therapy appointments and she occasionally forgets to fill his prescription medication. What is your legal obligation?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question assesses your knowledge of the parameters of elder abuse reporting and when to maintain confidentiality.

A. Maintain confidentiality.

B. Call Adult Protective Services (APS) in Florida and file a written report within two working days.

C. Encourage your client to file an Elder Abuse Report.

D. Call Adult Protective Services (APS) in California and file a written report within 36 hours.
Answer: 1. at least 12 years old
2. clinical judgment that they are mature enough to participate in and benefit from the therapy AND
3. clinical judgment that without the therapy they would be at serious risk of harm to self or others OR
4. They are an alleged victim of abuse or incest
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Question: *128. A man identifying himself as Lefty calls to set up an appointment for therapy. He tells you that he has a hard time with confrontation and that as a result, he often ends up having to do things he doesn't want to do, and that other people treat him "like a doormat." Lefty tells you that specifically, he wants your help in terminating with his current therapist and doesn't know how to do it. You would:

Content Area: Ethics: Therapeutic Relationship/Services
This item tests your knowledge of ethical standards related to a therapist's professional competence and integrity.

A. Tell him that you can't treat him without the the agreement of the other therapist.

B. Tell him that you can't treat him while he is seeing another therapist, and support Lefty in his efforts to terminate with the other therapist before beginning treatment.

C. Agree to see Lefty, obtain a release to speak to the other therapist and consult about how to best help Lefty.

D. Agree to see Lefty and help him to be assertive and to stand up for himself as he requested.
Answer: When working with a family or couple as a unit, the unit is considered the 'client' rather than each individual. Therefore therapists may assert that they may need to share information learned in individual sessions with the other members of the unit.
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Question: *129. What is the expected length of time to keep client records after the client has been terminated?

Content Area: Ethics: Business Practices and Policies
This question assesses your knowledge of the length of time you are required to keep a client's records after therapy has been terminated.

A. Records must be retained for a minimum of 7 years after the date that the client begins treatment.

B. At least 7 years after the termination of an adult client and 10 years after the termination of a minor client.

C. At least 7 years after the termination of an adult client or until a minor client turns 21.

D. Records must be retained for a minimum of 7 years after the date that the client terminates treatment.
Answer: Maintain confidentiality and do not report
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Question: 130. You schedule a couples' counseling session, but when a 29-year-old female comes to the initial session she apologizes for her husband and explains that he refuses to attend couples' counseling. She is concerned about his drinking and drug use and thought counseling might get him the help he needs. She states that her husband will never admit he has a substance abuse problem, and that she is fed up. She asks you to help her. Ethically, you would:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of the ethical obligations that pertain to clients' expectations of treatment.

A. Inform her of your "no secrets" policy now, in case couples therapy does occur later.

B. Since she apologized for him and wants couples counseling to help him, assess for co-dependency and whether individual therapy might be more effective.

D. Inform her that it would be a dual relationship if you began therapy with her individually and then saw both of them concurrently.
Answer: must assess the ct's motivation for giving the gift. IF giving the gift supports the ct's therapeutic process and needs, it may be ok to accept
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Question: *131. Your client returns from a vacation in France with an expensive bottle of champagne and gives it to you to thank you "for all the wonderful help you've given her." You:

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of ethical conduct in the area of client gift-giving.

A. Accept the champagne in the spirit in which it was offered.

B. Accept the champagne and explore the meaning behind the gift.

C. Refuse the champagne and explore the meaning behind the gift.

D. Accept the champagne but tell her you're going to give it to a colleague so as not to create a dual relationship with her.
Answer: provide info directly pertaining to child abuse allegations, otherwise request must be in writing for anything else
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Question: *132. A recently divorced 40-year-old client tells you that her ex-husband is leaving threatening remarks on her social network pages. She has tried to block him, but he finds ways to get on anyway. He lives out of state so she tells you that she doesn't really think he is a threat; "he's just trying to get under my skin, and it is working!" As a mental health professional, what would be your best legal course of action?

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of a social worker's legal responsibilities concerning confidentiality when a client is threatened.

A. Report to the police because of the serious threat of violence to an identifiable victim.

B. Provide your client with the numbers of shelters or see if she is willing to stay with friends or family members if the threat is imminent and serious.

C. Ask your client to invite her ex-husband to a session and teach harm reduction techniques.

D. Discuss the situation with your client.
Answer: youth under 14 with consensual partner 14 yo+
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Question: 133. Richard, 38, tells you that he is missing more and more work due to back pain. He tells you that he has been to several doctors who prescribe pain medication because he cannot afford to take time off of work. He tells you that he skips work or leaves early because sometimes the "meds make me so tired and fuzzy in my thinking,that I would be fired if I showed up like that." As a social worker who is not experienced with substance abuse, what is your next course of action?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of when to make competent referrals.

A. Refer him to AA.

B. Refer him to an MD.

C. Encourage him to take time off of work to get physical therapy for his back.

D. Obtain consultation to determine the extent of his problem.
Answer: sexual activity with youth 14-15, consensual partner 10+ yrs older (24/25+)
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Question: 134. A mediator contacts a social worker requesting that she contribute to an ongoing child-custody decision. If the social worker agrees to provide information, the social worker should:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge about how to provide informed consent regarding dual relationships.

A. Tell the mediator the fee for conducting custody evaluations before doing so.

B. Advise the clients about the risks of this dual relationship.

C. Determine if custody evaluation is within her scope of practice.

D. Limit information disclosed to the mediator that is related to custody.
Answer: consenual intercourse with minor under 16 and adult 21+, 16+ no report
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Question: 135. After seeing Mary in therapy for six months, she reports she can't afford your fee anymore, and wishes to trade services. She wants to provide all your marketing and printing needs to promote your practice. Since she is already your client you would:

Content Area: Ethics: Business Practices and Policies
Your knowledge of dual relationships and the ethics of bartering for therapeutic services is tested here.

A. Agree to trade services because it would be unethical to terminate at this point in treatment.

B. Not agree to trade services and refer her to a low-fee counseling center immediately.

C. Not agree to trade services and attempt to slide her fee to a rate agreeable to both of you.

D. Agree to trade services if a sliding scale fee could not be agreed upon, but reassess the arrangement in a few months.
Answer: any forced or coerced sexual activity w/ youth under 18, perpetrator any age
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Question: *136. Your client works for a local newspaper arranging advertising space. You place an ad in the same newspaper for an upcoming therapy group. The client turns out to be the person who does the ad layout. Ethically:

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your ability to recognize your role in a dual relationship.

A. You have every right to place an ad in this newspaper.

B. This is an avoidable dual relationship and you should have advertised in a different newspaper.

C. You are required to withdraw the ad.

D. You should request that the client decline the job if it happens again.
Answer: NO
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Question: *137. A social worker working with an individual is becoming convinced that marital therapy would be better for a client. The social worker suggests that the client bring her husband for a session, but the client is afraid her husband will monopolize the session. Scope of competence obligations require the social worker to:

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of how to proceed ethically when conjoint therapy may be in the best interests of the client.

A. Refer the client to a couples therapist.

B. Sign a "no secrets" policy at the first session if the husband does come for a session.

C. Explore her reasons for recommending conjoint therapy.

D. Address the wife's concerns about her husband's "monopolizing" the session.
Answer: Use is impairing their ability to care for their child
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Question: 138. After seven sessions, your client tells you that she just started seeing another therapist. She explains that she knows that therapists cannot be friends with their clients so she figured she would take the first step and find another therapist. She tells you she would like this to be your last session, and she will text you in a couple of months. You:

Content Area: Ethics: Therapeutic Relationship/Services
This question addresses the ethics of the therapist/client relationship, including client abandonment.

A. Since the client initiated the termination, you should terminate.

B. Explain that terminating therapy to pursue another relationship is unethical.

C. Do not return her texts when it appears.

D. Should seek consultation to avoid the appearance of client abandonment.
Answer: Parent drug use will impair ability to care for the child
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Question: *139. José, a 49-year-old single Mexican-American surgeon, is abusing prescription medication. He was referred to therapy by his lawyer and is thirty minutes late for his first session. José says he doesn't want you to take notes, "Because my patient is suing me and I don't want more evidence against me in court." José declines a referral to a 12-step group because he fears he might be recognized. He asks you to teach him to stop using drugs. Which of the following is NOT an ethical obligation that would affect your ongoing treatment of Jose?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to assess whether the client will benefit from therapy.

A. Assess whether your treatment plan will require 12-step participation now or at some time in the future.

B. Because 12-step programs do not duplicate individual therapy, tell the client that concurrent treatment is advisable.

C. Explain the risks and benefits of 12-step programs.

D. Take the client's lead in the treatment plan to minimize the effects of negative counter-transference.
Answer: You can be subject to civil penalties
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Question: 140. You receive a phone call from Pat, a former high school sweetheart and first sex partner. You and Pat have not spoken in 20 years, and now Pat asks if you will provide treatment for some life adjustment issues. Pat says you would be perfect because there is already trust between you from the old days. How would you proceed?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your ethical information regarding therapy with former sexual partners.

A. Decline to see Pat because professional ethics forbid social workers from treating former sex partners.

B. Make an appointment with Pat since there are no laws or ethics about treating someone with whom a social worker has previously had sex.

C. Agree to treat Pat since it has been more than two years since there was a sexual relationship.

D. Decline to see Pat because social workers cannot have sex with former clients.
Answer: Release all records with the exception of psychotherapy notes (private notes kept separate from medical record)
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Question: 141. After a crisis in her own life, a social worker cancels her appointments with clients for two weeks. What must she do next to meet ethical obligations related to informed consent?

Content Area: Ethics: Therapeutic Relationship/Services
This question pertains to providing clients with information about your availability which is part of informed consent.

A. Tell clients that she will reassess her ability before returning to work.

B. Tell clients that she will not take calls during that time.

C. Reconsider treatment plans when she returns.

D. Obtain consultation to assess if she is ready to return.
Answer: assert privilege b/c making that decision is outside a SW's scope of practice, only the court can decide that
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Question: *142. A potential client says she wants to work on "inner conflicts." You would:

Content Area: Ethics: Professional Competence and Preventing Harm. This is an informed consent and scope of competence question.

A. Refer her to a psychologist or psychiatrist.

B. Clarify your scope of competence before agreeing to treat her.

C. Suggest that working on her relationship issues could work out her inner conflicts.

D. Initially explore her inner conflicts to determine your treatment plan.
Answer: -client has introduced his or her emotional condition in a legal proceeding
-client has treated privileged information as though it were not confidential
• breach of duty
• The therapist sues the client for non-payment (content of therapy remains confidential).
• The client sues the therapist for malpractice.
• therapist appointed by court to examine client
• If the client has sought psychotherapy to commit a crime and/or escape punishment for a crime.
• client is under 16 and victim of a crime (e.g. extortion, statutory rape)
• In a proceeding requested by a defendant to determine sanity.
• client brings proceeding to establish competence.
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Question: *143. Ronald is a 37-year-old moderately successful artist you have been treating for three years for depression and relationship issues. His income is sporadic, and you bill him monthly, but he had never let his balance get too high. Now he owes you $2,100. He offers to give you a painting whose value is roughly equal to the amount he owes you. How would you proceed?

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of ethical issues regarding client debt, dual relationships, and bartering and techniques to manage those issues.

A. Decline the painting and tell him that based on his history with you, you trust that he will pay you in full when he gets the money.

B. Accept the painting so that you can eliminate the debtor/creditor dual relationship.

C. Accept the painting but process with Ronald the meaning of exchanging his art for your services and have him sign a statement of mutual agreement.

D. Decline the painting and suspend treatment until Ronald pays you a significant amount towards reducing the balance due.
Answer: 1. document attempts to connect with parents and involve them in the treatment unless clinical judgment that this would be inappropriate/detrimental to minor
2. remember that parents are NOT responsible for payment if minor receives tx w/o their permission
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Question: *144. Burt, a withdrawn young adult, has been seeing you to help him with debilitating anxiety in social situations. You learn that Burt's previous therapist used highly questionable methods, including having Burt take her on "dates." He hints that this social worker encouraged him to have sex with her. What should you do?

Content Area: Law: Legal Standards for Professional Practice. This addresses therapist/client sexual contact and unethical social worker behavior.

A. Call the appropriate licensing board and see if any reports have been made on this other therapist in the past.

B. Continue to see Burt and monitor closely anything he says regarding this social worker, so you can take appropriate action when necessary.

C. Question Burt directly on whether he had sex with the previous social worker and give him the brochure if he says yes.

D. Give Burt the brochure, "Professional Therapy Never Includes Sex" regarding sex and therapy and discuss it with him.
Answer: 1. SW should maintain minor's confidentiality in tx and clearly outline policies about this in writing during initial consents

2. SW can deny parent access to minor's records if you think it will have a detrimental effect on your therapeutic rx with minor, their physical or psychological safety/wellbeing

3. Parents legally have right to see minor's tx info and assert privilege on their behalf if they are deemed a guardian ad litem
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Question: 145. Bridget comes to therapy describing how sad and hopeless she feels. You give her a Beck's Depression Inventory that reveals that she has a moderately high level of depression. At the end of the session, she asks you for a prescription for Zoloft. What is your initial response to her request?

Content Area: Ethics: Business Practices and Policies
This question probes your understanding of techniques for addressing a client's expectations of therapy.

A. Suggest to Bridget that she increase her level of physical exercise.

B. Review the nature of your license as it is explained in your informed consent.

C. Refer Bridget to a psychiatrist for a medication evaluation.

D. Discuss with Bridget the pros and cons of taking an antidepressant medication.
Answer: Person's mental/psychiatric condition prevents him/her from being able to provide for:
-food
-clothing
-and/or shelter AND
-there is no indication that anyone is willing or able to assist him/her in procuring these needs
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Question: *146. Twelve years ago, the Drake family came to see you for family therapy. At that time Mr. and Mrs. Drake were having problems with their two children, ages 2 and 5. The Drakes are now divorcing and are in court to determine custody of their two children. You receive a subpoena from Mr. Drake's attorney for therapy records for these sessions. You call both Mr. and Mrs. Drake and they each ask you to release the records and send you waivers to that effect. You still would not release the records because:

Content Area: Law: Confidentiality, Privilege, and Consent
This question explores your knowledge of privilege and how to handle subpoenas in a custody case.

A. The children must sign releases since they are old enough to participate in custody issues.

B. You no longer have the records after 10 years.

C. The court has not appointed guardians ad litem.

D. The judge has not ordered the release of the records.
Answer: Minor's mental/psychiatric condition prevents him/her from being able to provide for:
-food
-clothing
-and/or shelter
EVEN IF they are supplied for them directly (i.e. paranoia/depression)
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Question: 147. Terran came to five couples' sessions with his wife complaining about how she belittles him and expects him to act more American. Terran had a difficult time listening and compromising because he believed his wife was disrespecting him, and they terminated treatment. You receive a subpoena for his records from an attorney representing his employer and learn that he is suing his employer for discrimination and emotional suffering. When you try to contact Terran about the subpoena, he does not return your calls. You would:

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of how to proceed when you receive a subpoena.

A. Assert privilege.

B. Call his attorney and ask the attorney to ask Teran to call you back.

C. Contact Terran's wife since she was in session and has a right to confidentiality too.

D. Release the records since he has entered his emotional state into a legal proceeding and this represents an exception to privilege.
Answer: •social workers can provide via phone, video, fax, email
•only SWs licensed in CA can provide telecare to clients in CA
•Medi-Cal only reimburses for video conferencing
•Verbal consent is sufficient
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Question: *148. A client that you treated 10 years ago terminated when her therapy goals had been reached, and she was ready. Which of the following would be legally required if this client returned to therapy with you at a new office?

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of how to maintain the standards of practice for documentation of client files.

A. Have the client sign a new release authorization.

B. Open a separate file if the client was in family therapy before.

C. Sign a new informed consent form.

D. Refer to another therapist if the client was a minor in therapy before.
Answer: 1) information about the nature, extent, and duration of the participation requested
2) disclosure of the risks and benefits of participation in the research
3) must be written
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Question: 149. You discover that you are dating a potential client's ex-husband. You would:

Content Area: Ethics: Business Practices and Policies
This question checks your knowledge of ethical, transference, and counter-transference issues.

A. Not see the client.

B. Discuss with the client how she feels about your relationship with her ex-husband.

C. Begin to see the new client and seek consultation.

D. Break off the relationship with the man and begin the therapeutic relationship with the client.
Answer: C. Obtain written authorization from the entire family to contact their lawyers and waive/assert privilege as the family sees fit.

You would be required to obtain written authorizations from the family in order to contact their lawyers who would determine whether to waive or assert privilege.
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Question: 150.
Answer: A. Call Adult Protective Services and report physical abuse.

Social workers are mandated to report physical injury to an elder, inflicted by another person, that occurs by other than accidental means.
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Question: Soliciting private info beyond what is essential for providing services: ethical or legal?
Answer: B. Clarify for the family how your therapeutic work differs from religious counseling.

This response addresses your client's expectations about therapy and promotes a better understanding of the process.
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Question: Maintaining clinical records: ethical or legal?
Answer: C. Do not accept the gift, explain to Melissa how the gift giving could negatively impact the therapeutic relationship, and process Melissa's reaction.

Not accepting this expensive gift is the ethical course of action. Additionally, explaining your reasoning to Melissa and processing her reaction demonstrates good ethical management.
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Question: Securing a license/registration by fraud: ethical or legal?
Answer: C. Only to those qualified to interpret them.

Psychological evaluation test scores should only be released to people who are able to interpret them appropriately. However, if a client insists on seeing his/her test scores, the therapist must release them but must also provide interpretation of the scores in a way that the client can understand.
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Question: Incompetence in performance of clin SW: ethical or legal?
Answer: A. Fetal abuse.

Fetal abuse is optional under the mandated reporting laws.
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Question: Act or omission that falls sufficiently below standard of conduct as to constitute gross negligence: ethical or legal?
Answer: B. Determine who has been assigned by the court as the guardian ad litem for the minor and inform him/her of the subpoena.

It would be important to determine who is your client's guardian ad litem and inform him/her of the subpoena so a decision about privilege can be made in the best interest of the child.
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Question: Sexual relationships: ethical or legal?
Answer: B. Say nothing and continue seeing both clients while you monitor your counter-transference and ask colleagues for assistance with the case.

It would be important to have peer supervision or a paid supervisor in cases like this where counter-transference issues are bound to arise. An eventual referral for one or both clients might be necessary also.
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Question: Performing, acting as if able to perform, offering to perform any professional services beyond scope of license: ethical or legal?
Answer: B. Acknowledge the effects of racism and listen to his perspective.

Acknowledging that racism exists is a supportive and immediately genuine response. Allowing this client to share his experiences will build trust and rapport.
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Question: Failure to maintain confidentiality: ethical or legal?
Answer: D. Document your crisis interventions in the first session.

The laws about record-keeping require you to document any and all interventions.
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Question: Fee disclosure: ethical or legal?
Answer: A. Respect her wishes to terminate and explain that you will not respond to emails or social network posts that invite your friendship.

You may terminate a client if they want to end therapy, but if they want to terminate in order to pursue a friendship, you would need to process how this will occur before the therapy ends.
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Question: Paying, accepting payment/ remuneration for referrals: ethical or legal?
Answer: C. Maintain confidentiality.

Based on the information given in this question you would maintain confidentiality. Juan's threat is dependant upon the death of another person which eliminates the "imminence" that breaking confidentiality under Tarasoff requires.
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Question: Keeping records (LEGAL)
Answer: B. Thank you for your acknowledgement of our work together. Let's discuss the implications.

Having a discussion about therapeutic boundaries and dual relationships minimizes the chances for misunderstandings and clarifies your role at this ceremony.
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Question: Termination of services -arranging transfer (ETHICAL)
Answer: C. Megan is a danger to herself or others without treatment.

As of January 1, 2011 (SB543; Leno), mental health professionals, including LCSW's and ASW's, may treat a minor 12 or older without parental consent if the minor is mature enough to participate intelligently in therapy, and there is no longer a requirement for the child to be a victim of child abuse or a danger to self or others.
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Question: Fees (LEGAL)
Answer: D. Invite them to explain how their different cultural backgrounds impact their relationship.

Having clients educate you about the impact of human diversity issues on their own experience conveys respect, builds rapport, and helps them to clarify and gain insight into the impact it has on their lives.
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Question: Misrepresenting education/license/registration/ qualifications
Answer: D. Tell her about the husband's phone call and any fee changes that might result from a change in her insurance coverage.

Any changes to fee policies must be discussed before they occur, as directed by legal and ethical standards.
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Question: Termination based on failure to pay (ETHICAL)
Answer: B. Decline to make an appointment and refer her to another therapist.

The woman who wants to become your client has a prior relationship with you as your child's piano teacher. This is an easily avoidable dual relationship since there are many other therapists that could help this woman.
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Question: Payment for Services: Fees (ETHICAL)
Answer: D. Clarify Darren and Samantha's expectations about therapy.

Clarifying a client's expectations would begin to answer a client's inquiries about the therapeutic process.
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Question: Payment for Services: Accepting barter (ETHICAL)
Answer: A. Call Adult Protective Services immediately to file a neglect report.

Reasonable suspicion of neglect exists and it would be up to Adult Protective Services to investigate further.
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Question: Payment for Services: private practice by agency employee (ETHICAL)
Answer: A. Help Hermoine with her crisis until her therapist returns.

Helping Hermoine with her crisis would be the only ethical way to proceed in this instance since her new therapist cannot be reached, and she has called you for help. Even though you had terminated and were no longer her therapist, when someone calls a social worker in crisis, the law presumes at that point the existence of a special relationship in which the therapist must act in the best interests and welfare of that person.
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Question: Access to Records (ETHICAL)
Answer: C. Stop the discussion and do not talk about these clients again.

The rules of confidentiality would require the social workers to stop the discussion and not talk about these clients.
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Question: Alleged sexual misconduct of ct's former therapist (LEGAL)
Answer: B. The BBS found that the therapist terminated therapy in order to pursue a sexual relationship.

Terminating therapy in order to pursue a sexual relationship with a client is prohibited.
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Question: Sexual conduct (LEGAL)
Answer: C. Maintain confidentiality because you do not know the age of the mother.

You would maintain confidentiality because you do not know his mother's age and you do not have "reasonable suspicion" of elder abuse.
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Question: When providing services to couples/ family members (ETHICAL)
Answer: C. Inform Ki that the risks and benefits of therapy may be that he "finds himself" but may change some of his family values.

Informing a client about the risks and benefits of therapy which includes altering their sense of self and their family, is an ethical obligation.
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Question: Child abuse reporting (LEGAL)
Answer: B. Give her the brochure "Professional Therapy Never Includes Sex" and discuss her options.

Therapist sex with a client is prohibited. When a client reveals that s/he has had sex with a former therapist, the treating mental health professional is required to give her/him the brochure "Professional Therapy Never Includes Sex," as well as discuss it with them.
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Question: Seeking consult when needed: ethical or legal?
Answer: A. Without providing adequate notice.

Ethical standard standards require that clients be given notice of fee increases before they occur.
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Question: Informed consent to tx: ethical or legal?
Answer: C. Recommend individual therapy if there are any regressive symptoms in any individual.

If the family wants to terminate but one person might still be in need of individual treatment, it would be ethical to recommend this.
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Question: Client self determination: ethical or legal?
Answer: B. The court may appoint an attorney to represent the best interests of the child.

The courts can assign a guardian ad litem, if needed, to represent the best interests of the child.
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Question: COnflict of interest: ethical or legal?
Answer: C. By telephone as soon as possible and in writing within two working days.

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Question: Duty to Warn: ethical or legal?
Answer: D. Discuss the risks and benefits of seeing them as a unit and of seeing Jessica individually.

You would need to determine the unit of treatment before doing any of the other actions.
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Question: Scope of Practice: ethical or legal?
Answer: C. Inform the supervisor that it is unethical to split fees.

It is not ethical for LCSW's to split fees. NASW's ethical standards state that Licensed Clinical Social Workers do not offer or accept payment for referrals.
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Question: Scope of Competence: ethical or legal?
Answer: B. Evaluate what would be in the client's best interests and how accepting or rejecting the gift might affect treatment.

Depending on the clinical issues, cost of the gift, length of time you've been seeing the client etc. this answer would allow you to act according to the client's needs.
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Question: Standard of care: ethical or legal?
Answer: B. Hypnotherapy.

Hypnotherapy needs specific additional training beyond the education required to obtain a mental health professional license.
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Question: Privileged Communication: ethical or legal?
Answer: B. Indicate that you assessed her risk as "low" and suggested that she call her therapist

Although the client has terminated, you still have an ethical obligation that pertains to crisis management. If her crisis were acute, you would have to do more than simply refer her back to her therapist.
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Question: Misrepresentation: ethical or legal?
Answer: A. Contact your client to determine if she wants you to waive or assert privilege.

Clients hold their own privilege and a social worker must consult with the client to determine whether privilege is to be waived or asserted.
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Question: Fee disclosure: ethical or legal?
Answer: C. Call the police immediately and his ex-girlfriend's family.

In the vignette described there is imminent peril and there is a reasonably identified victim(s). The Duty to Protect includes the mandate to notify the police first and a warning to the identified victim is permitted.
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Question: Elder/ Dep Adult Abuse Reports: ethical or legal?
Answer: B. No, if the social worker does not reveal identifying information about the client to the other professional.

According to the National Association of Social Worker's (NASW) Code of Ethics, section (1.07) (q) Privacy and Confidentiality, "Social workers should not disclose identifying information when discussing clients with consultants unless the client has consented to disclosure of confidential information or there is a compelling need for such disclosure." This section implies that the client's direct
consent to consult with another professional is required only if identifying information about the client is revealed. Thus, if general aspects of the case are discussed with another professional, permission from the client is not needed.
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Question: Informed consent (ETHICAL)
Answer: B. Tell minor clients how you will contact parents if you think there is an emergency.

Discussing the limits of confidentiality is an element of informed consent.
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Question: Involuntary clients (ETHICAL)
Answer: A. Accept the cookies and explore their meaning with Maria and Juan.

Accepting the cookies and exploring their meaning with Maria and Juan would be the best choice available. The cookies are a small gift which may have a cultural component. It is important, once the decision to accept the gift is made, that the personal meanings behind it are explored.
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Question: Providing services via electronic media ETHICAL
Answer: D. The client has the right to withdraw from the study at any time.

The client has the right to withdraw from the study at any time, and we as therapists, are to respect the client's wishes.
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Question: Dual / Multiple relationships ETHICAL
Answer: B. The client signed a waiver of privilege for the records.

No records would be disclosed until the client or the client's representative waived privilege.
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Question: Right to privacy (ETHICAL)
Answer: C. It is a legal principle that protects client conversations unless there is a court order.

Privilege is the legal right of the client not to have confidential information revealed during a legal proceeding. Only a client, judge or court order would challenge privilege.
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Question: Sexual misconduct/ abuse <LEGAL>
Answer: D. Determine if you can deal with this client at this time.

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Question: Explaining limits of confidentiality (ETHICAL)
Answer: D. Assessing whether a medication evaluation would be necessary.

From an ethical point (safety-minded) of view, a therapist would first need to consider all treatment modalities to help a client. In this case, that would include considering whether his anxiety is so severe that medication would help him benefit from therapeutic interventions.
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Question: Confidentiality w/ couples, families, groups (ETHICAL)
Answer: C. Being arrested for shoplifting.

The law (Business and Professions Code 4982(a) says unprofessional conduct addresses licensees or registrants who have been "convicted" of an offense, not just arrested.
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Question: Right to confidentiality (ETHICAL)
Answer: A. Ask if the client would like to be referred to as "he" or "she".

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Question: Disclosure of confidential info (ETHICAL)
Answer: A. To contact an agency designated to take a report and follow up with a written report within 36 hours.

Your responsibility is to contact a designated agency and follow up with a written report within 36 hours.
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Question: Self-determination (ETHICAL)
Answer: C. The social worker should not make this type of referral yet as the client is still in a vulnerable condition.

EMDR can be especially effective when a person is suffering from a recent trauma. In addition, you have already determined the client's need for this referral.
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Question: Consulting with colleagues (ETHICAL)
Answer: A. Assert privilege until a guardian ad litem has been appointed for the client.

When subpoenas are received for testimony or records involving clients who are minors therapists should assert privilege until the parent(s) or guardians of the child obtain "guardian ad litem" status.
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Question: Referrals (ETHICAL)
Answer: B. Outline the process of treatment.

Engaging in the process of informed consent, for example, explaining the therapeutic process at the beginning of therapy is an ethical obligation.
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Question: Sex with colleagues (ETHICAL)
Answer: A. Disclose any fees which are different from in-person sessions.

Fee disclosures are legally required before changes to treatment occur.
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Question: Unethical actions by colleagues (ETHICAL)
Answer: C. Counsel both of them.

As social workers, it is important for us not to impose our values and beliefs on our clients.
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Question: Incompetent or Impaired colleague (ETHICAL)
Answer: C. Informing the couple of your "no secrets" policy

Informing the couple of your "no secrets" policy is solely an ethical responsibility.
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Question: Billing (ETHICAL)
Answer: A. Report immediately to Adult Protective Services and make a written report within 2 working days.

There is a mandated responsibility here since you have knowledge or reasonable suspicion of elder abuse. You would report immediately by phone and follow up with a written report within 2 working days.
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Question: Responsibilities towards employer (ETHICAL)
Answer: A. Provided ethical informed consent.

The social worker's explanation to the client about the clinical effectiveness of texts and emails is a form of informed consent.
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Question: Client transfer (ETHICAL)
Answer: A. Assist them with information you deem pertinent to the situation at hand.

In the event of a medical emergency it is permissible to give information to medical professionals that may be treating the client. Social workers are permitted to speak with other health professionals for purposes of treatment and diagnosis in recognition of situations such as these.
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Question: Discrimination (ETHICAL)
Answer: A. Complete class as usual without acknowledging the client unless he/she acknowledges you and explore his/her reactions in your next session.

Maintaining confidentiality means not acknowledging clients without their permission when you see them outside of therapy. It would be important to discuss the client's feelings about seeing you outside the therapeutic setting.
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Question: Solicitations (ETHICAL)
Answer: B. Accommodate your fee since you've established a bond.

Because you've established a bond, accommodating your fee would be in the best interests of the client. If an accommodated fee cannot be agreed upon, then providing three low-cost therapy referrals would be appropriate.
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Question: Impairment (ETHICAL)
Answer: C. Engage Bobby in a therapeutic conversation.

The ethical standard is to speak with the colleague to try to rectify the issue first.
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Question: Private conduct (ETHICAL)
Answer: B. A peace officer, staff member of an evaluation facility, or other professional person designated by the county.

A peace officer, a staff member of an evaluation facility or other professionals designated by the county, may invoke a 5150.
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Question: Integrity of profession (ETHICAL)
Answer: D. Review dual relationships with your client and healthy boundaries.

Of the answers provided, reviewing dual relationships with your client and healthy boundaries, would allow BOTH of you to work to maintain appropriate boundaries. This would allow you to know if this arrangement was going to be uncomfortable for your client, or create any therapeutic problems. It is the most reasonable of the options provided.
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Question: Minor consent: ethical or legal?
Answer: A. Journaling, peer consultation and individual therapy.

Journaling, peer consultation and individual therapy are the appropriate steps in which you would ethically deal with counter-transference.
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Question: "No secrecy" rule: ethical or legal?
Answer: C. You have sufficient reason to treat Brianna without parental consent.

This scenario indicates that Brianna meets all the legal requirements for being treated without parental consent: she is mature enough to participate intelligently in therapy, she meets the minimum age requirement of 12-years-old, treatment will occur in an outpatient setting and she is responsible for the fee. The only criterion that remains is to determine if there is a clinical reason to exclude her parents.
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Question: Professional boundaries: ethical or legal?
Answer: B. Make three referrals out of town.

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Question: Explain your privacy practices (incl. privileged communication)
Answer: A. Bill the insurer, indicating that the charge is for a missed session, and tell the client he/she is ultimately responsible for the fee.

It is legal and ethical to bill insurers for missed sessions as long as this is clearly indicated in the billing codes.
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Question: Protecting privileged communcation
Answer: C. Legally fulfilled your responsibility to provide accurate information about your qualifications.

You are legally required to provide accurate information about the range of services you can provide, given your license.
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Question: Access to records (legal)
Answer: B. Seek consultation.

Of the choices given, seeking consultation is the first step you would take if you are having angry feelings towards this client. It would be important to understand your reaction and to carefully assess how you would proceed.
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Question: Access to records (ethical)
Answer: C. Direct questions about his revenge plans.

The social worker would need to determine if the client has a specific and imminent plan to warrant breaking confidentiality.
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Question: Keeping records (legal)
Answer: B. The social worker and client both agree that it seems as if no further progress can be made.

This is the best answer since it takes into account both social worker and client and the very important concern of client progress.
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Question: Access to couple therapy records by 3rd party (legal)
Answer: C. Document your decision to meet individually with José.

An important legal obligation, since you are changing the unit of treatment from a dyad to individual treatment of a minor, is to obtain consent to treat a minor and document it.
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Question: Access to couple therapy records by 3rd party (ethical)
Answer: B. Notes on any peer consultations regarding counter-transference issues around the case.

Notes dealing with the social worker's personal issues should not be placed into a client's chart.
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Question: Keeping records of couple (legal)
Answer: C. It is unethical.

LCSW's do not use their professional relationships with patients to further their own interests.
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Question: Derogatory language (ethics)
Answer: C. The fee and the true name and license of the designated owner of the practice.

The fee and the name of the owner of the practice, if using a fictitious business name, are legally required disclosures at the onset of therapy.
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Question: Involuntary hold (ethical or legal?)
Answer: D. Decline his request to tell her for him.

Declining his request is the only ethical answer. You might also say that you will support him while he tells her, if he wishes.
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Question: standard of care (meaning)
Answer: B. You are legally mandated to contact Adult Protective Services for dependent adult abuse.

This disabled client says she's on SSI (Supplemental Security Income) which indicates she has a severe disability preventing her from gaining income through employment. Chances are she would be considered a dependent adult and it is important to report financial abuse of dependent adults to APS.
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Question: Seeking consultation when needed (ethical or legal)
Answer: A. Legal if the therapist's informed consent information includes emergency contacts in the case that the therapist is unavailable.

Information about availability between sessions or in emergencies is an element of safety planning which is both a legal and ethical requirement.
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Question: In making decisions about ethics, always put the clients' ___________ first
Answer: A. She must submit to you a request in writing.

Clients must submit in writing any request to see their records.
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Question: Evidence Code 1024: client threatens danger to self, others, or property. What should a SW do?
Answer: B. You may practice EMDR if you are properly trained.

A therapist may utilize EMDR as long as s/he has the appropriate education, training and experience.
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Question: Civil court statue of limitation for how long a SW can be sued for liability for a client's suicide
Answer: A. At the commencement of treatment.

At the beginning of the first session is the best answer. You would want to have an ongoing review of policies, as needed, throughout the course of treatment.
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Question: 'Breach of Duty' is
Answer: C. Informed consent.

This type of statement that refers to boundaries and social worker availability represents informed consent.
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Question: Requirements to treat a minor without parental consent
Answer: D. Explore with the client what he means by "psychoanalysis." Educate him on your theoretical approach and inform him of your limitations regarding psychoanalysis. Let him decide if he would like to continue therapy with you or receive referrals.

It would be important to explore with the client what he means by "psychoanalysis," as he may be referring to psychotherapy in a more general way. As part of informed consent, it is also important to explain to him about your theoretical approach so that he is informed about the service you do offer. This puts him in a position to make an educated decision about continuing therapy with you or receiving referrals for other mental health professionals.
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Question: 'No Secrets' policy
Answer: D. Speak to her supervisor about making adjustments in her workload.

NASW ethical standards say that social workers whose personal problems interfere with their professional judgment and performance should immediately seek consultation and take appropriate remedial action, including making adjustments in workload.
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Question: Legal requirement if HIV+client reports intentions to infect other via sex
Answer: A. Decline to supervise the intern.

Declining to supervise the intern is the best ethical choice given here (it is possible that with the proper ongoing consultation and responsible care, this particular dual relationship could be ethically acceptable). Although some dual relationships are considered unavoidable, particularly when there are limited choices, the ethics are less ambiguous in stating that supervisors do not take on current or former therapy clients.
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Question: Rules for deciding wherther to accept a gift from a client
Answer: A. Provide Joyce with safety information.

As Joyce appears to be the victim of abuse by John's son, it is important that you provide her with safety information.
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Question: CPS worker requests information about a client following a child abuse report, what do you do?
Answer: B. Obtain consent-to-treat him if he changes from family therapy to individual telehealth therapy.

If he is in family therapy now, but changed to individual therapy, you would need legal consent-to-treat with a minor.
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Question: When mandated report is required for consensual sexual touching/intercourse
Answer: D. Ask each family member to explain to you from their point of view the meaning this religious ceremony has to them and their family.

The most inclusive and culturally considerate answer would be to have each family member represent their own views on religion and expand their perspectives by discussing the impact of religion on the family as a whole.
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Question: Mandated report required for Lewd/lascivious acts with ages:
Answer: A. Mental suffering.

Optional Category. Mental suffering (fear, agitation, confusion, severe depression, serious emotional stress brought on by threats, harassment, or intimidating behavior) are not mandated.
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Question: Mandated report required for sexual abuse when:
Answer: D. Acted unethically and illegally.

Although the gift is not substantial in value, social workers are prohibited by law and ethical standards from accepting or providing any kind of remuneration for referrals.
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Question: Mandated report required for sexual assault when:
Answer: B. You would need to assess for child abuse.

Under any circumstances in which the safety of a minor is at risk, your first legal obligation is to assess for child abuse.
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Question: Is there a mandated reporting requirement for emotional abuse?
Answer: A. Tell the client it would be a dual relationship to act as a social worker and sponsor.

Social workers are obligated to tell clients that if a dual relationship is avoidable, that it must be avoided.
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Question: Mandated report required for parent alcohol/marijuana use only required when:
Answer: C. Assess for further boundary violations.

Assessing for further boundary violations would be important in order to determine the extent of boundary violations and if there had been any sexual contact between the therapist and your client.
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Question: Mandated report required for newborn testing positive or illicit drugs only when:
Answer: A. Call Child Protective Services.

It is possible that the consensual sexual activity between the older sister and her boyfriend may be reportable but the exposure of Patricia to it definitely triggers a mandated report.
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Question: What can happen if you don't comply with a subpoena?
Answer: A. Review the fee policies outlined in your informed consent document.

Going over relevant fee policies such as the basis on which it is computed, sliding scale polices or fees for late cancellations constitutes sound ethical management.
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Question: When client gives consent to release their records to court, social workers are legally obligated to:
Answer: C. The social worker will speak only with the person on the release.

This answer provides the client with information to the client so that she can consent or refuse to consent to this part of the treatment.
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Question: If a SW receives a subpoena that they believe is an 'exception to privilege' circumstance, they should FIRST:
Answer: D. This would be considered outside of your scope of competence.

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Question: primary circumstance where privilege of a client's information can be waived in court:
Answer: C. Not disclose to John's mother that John is your client.

Given the choices available, not disclosing to the mother John is your client is the legal course of action because we don't know if the woman on the telephone is actually John's mother. In order to speak to her, a release would be required.; therefore, the social worker's initial obligation is to maintain John's confidentiality.
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Question: What is a therapist required to do regarding parents when treating a minor without consent? (2 things)
Answer: D. Rowene violated ethical standards, but not the law.

Both the law and ethical standards clearly state that sexual relationships between social worker and client are prohibited during therapy and in the two year period following termination. The sexual relationship started more than two years following termination, so the relationship is not illegal. However it violates NASW Ethical code 1.09 (c) which states that social workers do not have sexual relationships with former clients.
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Question: Important rules of confidentiality when treating minors: (3 things)
Answer: B. Your client tells you the elementary school swim instructor is molesting her nine-year-old son.

You must report both known and suspected child abuse to a child protective agency. Since your client tells you that the elementary school swim instructor is molesting her 9-year-old son, you are mandated to report this abuse.
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Question: "Gravely disabled" criteria for 5150 forcible hospitalization of an adult:
Answer: A. Under no circumstances, since a client is always a client and this could constitute a dual relationship.

Non-sexual, post-therapy relationships may be ethical depending upon the reasonableness of the post-therapeutic relationship and the reasonableness of the time since therapy. However, the highest ethical standard is to avoid relationships with former clients because they may want to return to therapy.
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Question: "Gravely disabled" criteria for 5150 forcible hospitalization of a minor:
Answer: B. Provide her with a copy of "Professional Therapy Never Includes Sex" and answer her questions about it.

Your legal responsibility is to provide the pamphlet "Professional Therapy Never Includes Sex" and discuss it with the client if he or she informs you of sexual misconduct between him/herself and a therapist.
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Question: Rules for providing telemedicine
Answer: D. Set the fee before the first session.

Setting the fee before the first session is both a legal and ethical responsibility. It is one of many things to do when setting boundaries.
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Question: SW research informed consent must include what?
Answer: A. That you will need them to sign an agreement to change the treatment plan.

Ethics do not require a signature on a treatment plan.
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Question: 1. You are treating a family consisting of Sharon, 33, Mike, 36, Carol, 15, and Billy, 12. You receive a subpoena from a lawyer, regarding a lawsuit over an inheritance, for which another family member is suing your clients. The subpoena requests all records for the purpose of showing that this family is not mentally competent to receive the inheritance. How would you manage this situation?

Content Area: Law: Confidentiality, Privilege, and Consent
This question looks at your legal responsibility when receiving a subpoena for an entire family, not just an individual client.

A. Get a release from the parents since the parents hold the children's privilege.

B. Contact the lawyer to assert privilege on behalf of the family.

C. Obtain written authorization from the entire family to contact their lawyers and waive/assert privilege as the family sees fit.

D. Comply with the subpoena since their mental condition has been entered into a legal proceeding and send a copy of the records.
Answer: C. The 14-year-old client.

The client is always the holder of his or her own privilege, unless the court assigns a guardian ad litem or conservator.
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Question: 2. Sidney comes to his session with his 80-year-old mother, who uses a walker following a bad fall, that she reports was caused by a fight with her husband. The mother tells you that the fight was her fault, and she knew that if she kept goading her husband, he would explode. A social worker in this situation must:

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of laws regarding elder abuse.

A. Call Adult Protective Services and report physical abuse.

B. Call law enforcement within 24 hours and follow-up with a written report to local law enforcement, licensing agency, and ombudsman.

C. Explore possibilities for alternative living arrangements and address the feelings both she and Sidney are experiencing.

D. Report domestic violence since the victim was an elder.
Answer: B. Report the incidents to a children's protective agency.

This vignette describes sibling abuse that has been occurring for a while. The parents are not in control of the situation, and you are mandated to report.
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Question: *3. A 17-year-old girl, Janet, is referred to you by her school counselor. Janet's nose, eyebrow, and tongue are pierced, and her hair is dyed green and yellow. Janet says that recently her twin brother Michael comes into her room at night and tries to "play sleep-over" with her. Janet tells you that a cute boy she met at a rave last week wants her to move in with him. She asks you not to tell her parents that she's seeing you because they're "extremely religious." How would you manage your ethical responsibilities if you were working with the entire family?

Content Area: Ethics: Therapeutic Relationship/Services
This question test your knowledge of the ethical issues that arise when treating a family unit.

A. Clarify for Janet that, as a victim of abuse, she can consent to her own treatment without her parents' permission.

B. Clarify for the family how your therapeutic work differs from religious counseling.

C. Review your fee policy, especially as this case involves various family members and religious issues.

D. Explain the limits of confidentiality to Janet with regard to sexual abuse.
Answer: A. Would explain that you need a release from the parents to communicate to the court.

Even though the court referred this family, the family is your client, and you cannot break confidentiality without a written release.
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Question: 4. Your client Melissa comes in at Christmas time, gives you an expensive watch, and expresses how thankful she is for the help you have given her. How would you best ethically proceed?

Content Area: Ethics: Business Practices and Policies
This question assesses your knowledge of the ethical management of gift-giving by clients.

A. Review your informed consent document with Melissa specifically discussing boundaries.

B. Accept the watch since Melissa very rarely gives you gifts, and you suspect there may be an element of cultural diversity to heed.

C. Do not accept the gift, explain to Melissa how the gift giving could negatively impact the therapeutic relationship, and process Melissa's reaction.

D. Do not accept the gift since ethical standards prohibit accepting gifts from clients.
Answer: A. Educate yourself on the psychosocial impact of being in a wheelchair.

A better understanding of the issues Dale and Natasha face as a result of Dale's disability would certainly be an important aspect of their treatment and would meet your ETHICAL obligations.
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Question: 5. Psychological evaluation test scores should be released to:

Content Area: Ethics: Business Practices and Policies
This question deals with the ethics involved in the release of test scores.

A. Clients always.

B. Only the parents of children.

C. Only to those qualified to interpret them.

D. Only to other therapists who have the proper training to interpret them.
Answer: A. Only accept referrals within his scope of competence.

Robert should only accept referrals within his scope of competence as determined by education, training and experience. While developing new areas of practice, mental health workers take steps to ensure competence through appropriate education, training, consultation, supervision, etc.
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Question: 6. Which of the following constitutes an optional reporting (rather than a mandated) situation?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question asks you to identify the situation in which reporting would be an option rather than a requirement.

A. Fetal abuse.

B. Neglect.

C. Undue influence of an elder.

D. Willful cruelty.
Answer: C. Refer John back to the prescribing psychiatrist.

Referring John back to the psychiatrist would be the most appropriate action, as the psychiatrist could explain the benefits of taking the medication and the repercussions of abruptly terminating it.
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Question: 7. A 6-year-old girl who,se parents are involved in a longstanding custody trial, is in treatment with you. She is in therapy with the consent of both parents. You receive a subpoena from the father's attorney for your session notes to bolster the father's claim that he should have sole custody. What is your legal responsibility?

Content Area: Law: Confidentiality, Privilege, and Consent
This question addresses your knowledge of what to do when you receive a subpoena.

A. Inform your client's mother of the subpoena to determine whether to assert or waive privilege.

B. Determine who has been assigned by the court as the guardian ad litem for the minor and inform him/her of the subpoena.

C. Do not respond to the subpoena in order to protect the confidentiality and privilege of your client.

D. Ask the client whether she wants to assert or waive privilege.
Answer: D. Ask her what her goals have been with the other therapist and request a release to speak with that therapist.

Asking her what her goals have been with the other therapist and requesting a release to speak with that therapist is the best course of action at this time. It is only unethical to have two therapists, if the therapists are working on the same material. It must be clarified what this client is working on in therapy with this other therapist before proceeding.
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Question: 8. Cherilyn, your client of six months, tells you that she's recently begun having an affair with Tony. As she discusses their affair, you realize that Tony is another one of your clients whom you've been seeing for the past year with his wife and two teenage children. In order not to contaminate the therapeutic relationship with Cherilyn or Tony, what would you do?

Content Area: Ethics: Professional Competence and Preventing Harm. This question checks your ability to make distinctions between difficult ethical choices and tests your understanding of dual relationships.

A. Gently terminate with Cherilyn without telling her why. This preserves confidentiality, and since you've been seeing Tony and his family longer, you owe them more professional allegiance.

B. Say nothing and continue seeing both clients while you monitor your counter-transference and ask colleagues for assistance with the case.

C. Call an attorney and discuss legal issues around dual relationships so you can determine the best action to take.

D. Continue seeing Cherilyn as usual. Ask Tony in for a private conference so you can ask about his commitment to his marriage and family, being careful not to break any confidences.
Answer: D. Call your client.

You must call Cynthia to proceed. You cannot confirm or deny that Cynthia is your client until she signs a statement allowing you to assert or waive privilege on her behalf.
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Question: 9. A 25-year-old African-American male client tells you that he can't find a job, and he blames it on racism. He believes that he is qualified for the jobs he applies to but does not have a college diploma. He tells you that he was told that a high school education would open doors. How would you respond to this?

Content Area: Ethics: Therapeutic Relationship/Services
This tests your knowledge of human diversity issues.

A. Encourage him to consider actual shortcomings he may have.

B. Acknowledge the effects of racism and listen to his perspective.

C. Challenge his irrational thinking and refer him to a vocational counselor.

D. Validate his perspective until he is ready to take responsibility for his failures.
Answer: C. Suggest Janet take anti-depressants.

As an LCSW, you would refer the client to a psychiatrist but you would not suggest a client take medication.
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Question: 10. Your client comes to a first session in a crisis. You do not have time for a full informed consent conversation, but you tell the client the fee and your license number. What is your legal obligation now?

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of informed consent and record-keeping.

A. Document your informed consent conversation within 5 days.

B. Document your informed consent conversation within 10 days.

C. Document your treatment plan now that the crisis has passed.

D. Document your crisis interventions in the first session.
Answer: A. Scope of competence.

Anything that interferes with a clinician's ability to perform to the standard of care would be a scope of competence issue.
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Question: 11. A client announces a desire to terminate therapy at the beginning of your fifth session. The client would like to become friends and tells you that the two of you could have the same kind of conversations but they could go on longer. She tells you that she is already interviewing other therapists which is "better for me because they take insurance." You would:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of ethical standards as they pertain to dual relationships and termination.

A. Respect her wishes to terminate and explain that you will not respond to emails or social network posts that invite your friendship.

B. Attempt to process her desire to terminate as clinical material.

C. Seek consultation in case your counter-transference conveyed to your client that you wanted to be friends.

D. Tell her you cannot terminate therapy under these circumstances.
Answer: D. Waive your "no secrets" policy and call the wife to assess whether she is currently in danger.

Ethically, the clinician would be best advised to assess as soon as possible whether the wife is in imminent danger and to plan accordingly. Perhaps the wife needs an immediate referral to a domestic violence shelter and assistance in making a safety plan. Waiting until the next appointment may place the wife in danger.
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Question: 12. Your client Juan tells you that his brother, Jose, was stabbed to death a year ago by his cousin in a drug deal gone bad. Juan further states that he told his cousin that he intends to murder him for stabbing Jose, but he is going to wait until his aunt dies because she would be too upset by the death of her only son. He tells you that the cousin lives in another state, but he will find him when the time comes. In this situation, what is your legal responsibility?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of how to proceed legally in a possible Tarasoff situation.

A. Under the Ewing v. Goldstein decision you must contact the aunt and warn her about the threat to kill her son.

B. Under the Tarasoff decision you must call the police and warn the victim.

C. Maintain confidentiality.

D. This is privileged information and may not be disclosed without a subpoena.
Answer: D. Review dual relationships with your client, and healthy client-social worker boundaries.

Of the answers provided, reviewing dual relationships with your client, and healthy client-social worker boundaries, would allow BOTH of you to work to maintain appropriate boundaries. This would allow you to know if this arrangement was going to be too uncomfortable for your client, or create any therapeutic problems. Of the options provided, it is the most reasonable.
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Question: 13.You have been seeing Amber and John as a couple when they announce their upcoming wedding plans and invite you to attend. They warmly thank you for your help and say they want you to be included in their special day. Your best response would be:

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to manage dual relationships.

A. Thank you, but social workers are not allowed to have interaction with clients outside of therapy.

B. Thank you for your acknowledgement of our work together. Let's discuss the implications.

C. My policy is that I will attend the wedding, but not the reception.

D. I will attend, but because of confidentiality, I must be introduced as a friend or teacher rather than your social worker.
Answer: A. Maintain computer security, i.e. firewalls, passwords, etc.

The client is worried about a security breach. Even though you are not responsible, you are ethically obligated to make sure that your practice adheres to privacy measures in the age of digital information transfer.
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Question: 14. While checking messages at the end of the day, you listen to a voicemail from a girl named Megan. She states that she got your number from her friend Claire whom you "helped a lot a couple of years ago." Megan says she's having a hard time getting used to high school and feels like she "doesn't fit in anywhere." Megan asks if she can see you tomorrow and says she doesn't want her parents to know. Before treating Megan without parental consent, you need to determine that all of the following factors are present EXCEPT:

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of how to proceed with consent to treat a minor.

A. Megan is at least 12 years old.

B. Megan is mature enough to participate in therapy.

C. Megan is a danger to herself or others without treatment.

D. There is a good reason not to include Megan's parents.
Answer: D. A 17-year-old client.

A person who is under age 18 cannot initiate a 5150.
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Question: 15. Felix, a 30-year-old Caucasian, has been placed on administrative leave for excessive absences and is referred to you by his EAP. His partner Pablo, a 32-year-old Peruvian-American, joins him in the session. Lately they have been "fighting all the time," and at work nobody knows that they are a couple because Felix fears they'll be fired. Felix begins to cry and says, "I saw Pablo staring at another man, and I'm worried because I've been hurt in past relationships, and I'm sad because it's happening again." How would you incorporate the cultural diversity issue of a gay, bi-cultural relationship into your treatment plan?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to assess the impact of cultural diversity on the counseling relationship.

A. Create gay-friendly goals that consider each of their cultural backgrounds.

B. Refer Pablo to a 12-step group for gay men.

C. Manage your counter-transference if you have a negative reaction to any of the presenting issues (e.g., gay relationship, substance abuse, staying in the closet, etc.) that are impacting your objectivity.

D. Invite them to explain how their different cultural backgrounds impact their relationship.
Answer: C. Need a written release signed by both Sue and Jerry before you can communicate with the court.

Since Sue and Jerry are your clients, you must get a written release from both before divulging any information about them.
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Question: *16. You are treating a woman in therapy for mid-life issues. A month into treatment her husband calls to discuss her progress and the expected length of treatment because his insurance only covers 18 sessions of mental health. She told you that he might call and gave you his name so you are not surprised. Legally:

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of the legal issues that pertain to treatment.

A. You could speak with him because she told you his name and you expect the phone call.

B. Before the insurance runs out, negotiate a cash fee with the client.

C. Provide informed consent if you plan to adjust her treatment to end within 18 sessions.

D. Tell her about the husband's phone call and any fee changes that might result from a change in her insurance coverage.
Answer: A. Consider whether you have the appropriate education, training and experience to accept this case. Also, look at the client's goals for coming to see you.

Before you take on a new case, you want to consider your level of education, training and experience to determine if you are capable of treating this client or if consultation is needed. Also, you need to consider this client's goals. If the client wants help with relationship issues, this is within your scope of practice, but if the client's needs are not relationship-oriented, then this case would be out of your scope of practice.
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Question: 17. Your child's piano teacher sees you at a P.T.A. meeting and says she's heard that you are a good psychotherapist and asks if she can make an appointment to see you. She says her mother recently passed away and that she is now her elderly father's caretaker. She says "the situation is bringing up a lot of anger" for her because her father sexually abused her when she was a child. In this situation, you should:

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of ethical behavior regarding potential dual relationships.

A. Report the abuse to Children's Protective Services.

B. Decline to make an appointment and refer her to another therapist.

C. Report the abuse to Adult Protective Services.

D. Make an appointment and try to help her work through the grief and anger issues.
Answer: D. Evaluate the seriousness of her depression to determine if you can treat her.

The social worker's ethical obligation is to determine if the client will benefit from treatment, which requires an assessment of the presenting problem.
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Question: 18. Darren and Samantha are referred to you by Samantha's psychiatrist. Samantha's psychiatrist has diagnosed Samantha with Schizophrenia. Darren says that he hasn't been sleeping and can't concentrate at work, and that he's afraid to do the shopping himself because when he goes out his heart pounds, he thinks he's going crazy, and it would be embarrassing to him. Darren says he's at the end of his rope and isn't sure he can take Samantha's behavior much longer. When he asks how therapy will help, you would:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to provide clients with information about the social worker's training and experience.

A. Have Darren authorize the consent form for Samantha as her dependent adult care custodian.

B. Refer to a support group for families dealing with mental illness.

C. Ensure that Samantha and Darren understand and sign your informed consent document.

D. Clarify Darren and Samantha's expectations about therapy.
Answer: A. Tell her if you have raised your fees.

You must disclose your fee before beginning therapy with a new or returning client.
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Question: *19. You have been seeing Nathan, age 70, for 5 months. He has been managing on his own with some help from his daughter, Pat, who visits frequently. For the past month you have been working with Nathan on his relationship with Pat. She has been frustrated with him because he has complained of being bored, but he won't do anything about it. In your next session he comes in with bruises on his forearms. He states that he fell while walking up the rickety front steps to his house. You would:

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question assesses your ability to differentiate elder abuse from other safety concerns for the elderly and to make the appropriate referrals.

A. Call Adult Protective Services immediately to file a neglect report.

B. Suggest a home improvement company specializing in safety for the elderly.

C. Suggest respite care.

D. Suggest a Senior Citizens' Center.
Answer: A. Refer them to a social worker who has experience with domestic violence issues.

The couple needs help with domestic violence issues. It should not be presumed that lesbian clients need lesbian social workers, or that social workers are uncomfortable working with gay and lesbian clients unless proven otherwise.
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Question: 20. After 6 months of treatment with Hermoine, she says that she wants to see a therapist whose sexual orientation is different than yours. After processing this over the next two sessions, you have two additional termination sessions, give her three referrals and terminate the therapeutic relationship. Several weeks later, Hermoine calls you in crisis and says her new therapist is out of town and isn't returning her phone calls. She asks you to help her. What would you do?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your decision-making process.

A. Help Hermoine with her crisis until her therapist returns.

B. It is unethical for you to work with Hermoine once you have terminated treatment with her and she has begun treatment with a new therapist.

C. Tell Hermoine that you will not be able to help her since she has terminated treatment with you.

D. Tell Hermoine that she should find out who is taking calls for her new therapist and speak with that person.
Answer: C. Legally responsible to intervene.

A clinician is not legally responsible to report a suicidal client, but is legally responsible to take reasonable steps to ensure the safety of a suicidal client which can be managed in a number of ways. Evidence Code 1024 allows clinicians to break confidentiality when a client, due to a mental disorder, is a danger to self or the property of another and breaking confidentiality would prevent the threatened harm.
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Question: 21.
Answer: A. Discuss with Shelly the nature of the therapeutic relationship and explore her feelings and assumptions.

Shelly is beginning to view the therapeutic relationship differently than the social worker views it. It would be your ethical obligation to explore with Shelly her assumptions, so that corrective work can be accomplished, and at the same time, the relationship can be strengthened.
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Question: 22.
Answer: C. If the parents are divorced, review the custody papers. Determine whether one or both parents must consent.

Joint custody may require one or both parents to consent. You must look over the custody papers to review what the court mandates.
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Question: 1. Two social workers are dating. They are at dinner and they are talking about their clients. They discover that each of them is seeing a different member of the same couple for individual therapy. What should these social workers do?

Content Area: Law: Confidentiality, Privilege, and Consent
This question is about the legal responsibility of social workers outside of the therapeutic setting discussing a client.

A. No action is necessary since licensed health professionals may consult for purposes of diagnosis and treatment without a release.

B. Stop the discussion and obtain releases so that such discussions in the future do not breach confidentiality.

C. Stop the discussion and do not talk about these clients again.

D. There are no legal or ethical guidelines requiring social workers in such situations to do anything.
Answer: A. Having determined that the lawyer is the child's counsel, you would release your clinical records to her, and tell your client that you are doing so.

In custody or visitation proceedings, if a child is represented by an attorney, that person has the right to obtain a child's clinical records or to interview the assessing or treating social worker. Ethically, you would also discuss this confidentiality issue with your client.
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Question: 2. Revocation of a LCSW's license after having been found to have engaged in sexual misconduct with a client would occur after:

Content Area: Ethics: Professional Competence and Preventing Harm
This question tests your knowledge of the penalties for social workers having sex with a client.

A. A social worker filed a complaint with the BBS on behalf of a client.

B. The BBS found that the therapist terminated therapy in order to pursue a sexual relationship.

C. The social worker gives the client the pamphlet "Professional Therapy Never Includes Sex" and discusses it with the client.

D. The BBS cites the offending social worker within 10 years of the statute of limitations.
Answer: A. Discuss a new fee arrangement before changing the fee.

Legally, you must discuss and agree to any fees or changes in fees before treatment at that fee begins.
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Question: 3. Your client, George, tells you that his mother just got remarried. He tells you that he is worried that the new husband's children are going to go after his inheritance. He tells you that he has very little contact with the new family and wants to keep it that way. What is your legal obligation?

Content Area: Law: Limits to Confidentiality/Mandated Reporting
This question tests your knowledge of how to proceed when you may need to assess for or report elder abuse.

A. You must asses for elder abuse, considering "undue influence" regarding the mother's estate.

B. You should refer the client to an attorney to determine if he has a case.

C. Maintain confidentiality because you do not know the age of the mother.

D. Report elder abuse, considering "abandonment" because he has "very little contact" with his mother.
Answer: A. Determine the family's understanding of the purpose of the therapy.

Ethically, you would want to clarify the client's purpose.
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Question: 4. Ki is a 26-year-old Korean who immigrated to the U.S. with his father 10 years ago. Ki wants to be an artist but his father has saved his money and demands that Ki goes to medical school like his grandfather. Ki says he's depressed and he would rather die than become a doctor. He says he's too stupid to pass the classes in medical school anyway. He doesn't know how to tell his father. The social worker determines that Ki is not suicidal. The most appropriate ethical intervention is to:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of the ethical obligations that pertain to cultural competence.

A. Recognize the importance of cultural considerations and acknowledge that Ki may have to follow his father's wishes.

B. Ask Ki to bring his father in for a family session because of cultural values that encourage respect for elders.

C. Inform Ki that the risks and benefits of therapy may be that he "finds himself" but may change some of his family values.

D. Ask to see Ki's artwork to reframe him as an individual and your alliance as a place where he can be an individual.
Answer: C. Take reasonable steps to ensure her safety.

This legal precedent demands that we take reasonable steps to ensure the safety of a suicidal client. It doesn't say how it must be done.
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Question: 5. June discloses that she had been molested by a step-brother when she was 15. She is now 28 and was divorced from her husband three years ago. Before seeing you, she saw another therapist and she has just told you that she had sex with him. She wants therapy to focus on the stormy relationship issues that led to her divorce, not on past sexual molestation or exploitation. You would:

Content Area: Law: Legal Standards for Professional Practice, tests your understanding of the legal responsibilities of therapists who learn that a client has had sex with a previous therapist.

A. Respect her wishes and continue to focus on resolving the issues on which she wants to work.

B. Give her the brochure "Professional Therapy Never Includes Sex" and discuss her options.

C. Report the therapist to the BBS to protect the other therapist's present and future clients.

D. Work on the sexual exploitation in therapy.
Answer: C. Call Barbara's ex-boss and warn him of her plan.

Warning the victim may be done in the interests of protecting the public and protecting the social worker from liability related to breaking the confidentiality of the potentially dangerous client. As of 2014, there is only a legal responsibility to contact law enforcement within 24 hours. After doing that, warning the potential victim is next.
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Question: 6. Dr. Sveda has been treating Carliss for seven years during which time the fee has been $50. Carliss finally earns his Ph.D. and gets a job for substantially more money than he had been making. Dr. Sveda tells Carliss he'd like to revisit the fee that Carliss has been paying. Carliss becomes quite upset and tells Dr. Sveda that it would be unethical for him to raise the fee. Dr. Sveda calls for consultation and is given the proper answer which is that social workers are discouraged from increasing a client's fees:

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of ethical considerations in raising client fees.

A. Without providing adequate notice.

B. To avoid exploitation of the client.

C. Unless all client fees are increased.

D. According to strict ethical standards for the mental health profession.
Answer: B. Refer the client back to the insurance company.

Clients who are referred by insurance companies should be referred back to the payor to get another referral. This way, they can be more sure that their sessions will be financially covered.
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Question: 7. Joe and Marcie Green and their three children ages 12, 15 and 17, have been in family therapy with you for about 9 months on a regular basis. Joe says that they are getting along much better. Marcie says that the children seem to be willing to spend more time at home and are arguing less with each other. They think that things are so much better that they are ready to end treatment. What is your ethical obligation after deciding to terminate family therapy?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of the ethical obligations that pertain to provide clients with information about the therapeutic process, which includes termination.

A. Recommend staying in therapy if there are any regressive symptoms in any individual.

B. Document your agreement with them that they are ready to terminate.

C. Recommend individual therapy if there are any regressive symptoms in any individual.

D. Terminate because ethically you are not permitted to extend treatment beyond a client's ability to benefit.
Answer: D. Maintain confidentiality and retain the client's files for 7 years.

It is your legal responsibility to maintain confidentiality even after the death of a client. Records must be retained for a minimum of 7 years after the date that the client terminates treatment (SB 578, effective January 1, 2015).
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Question: 8. Which of the following is true in a court custody case?

Content Area: Law: Confidentiality, Privilege, and Consent
This question examines the parameters of privilege.

A. A minor does not hold his/her own privilege.

B. The court may appoint an attorney to represent the best interests of the child.

C. The parents can waive their child's privilege.

D. The parents' attorney can waive privilege on behalf of the child.
Answer: A. You indicate to your client that she can give your number to the program coordinator.

This response is the best choice. By letting the program coordinator contact you, you can avoid exploiting the client in order to advance a relationship with the program coordinator.
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Question: 9. How should physical abuse of a dependent adult be reported by a mental health professional?

Content Area: Law: Limits to Confidentiality/Mandated Reporting
This question tests your understanding of the legal issue of reporting dependent adult abuse.

A. If there is serious bodily harm, within 24 hours.

B. By telephone within two working days and in writing as soon as possible.

C. By telephone as soon as possible and in writing within two working days.

D. By telephone as soon as possible and in writing within 36 hours.
Answer: A. Contrary to the spirit and intent of ethical standards.

Ethical standards encourage social workers to disclose, at the appropriate time and in the context of treatment (such as when clients request the information), information about their education, experience, training, theoretical information, etc.
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Question: 10. Jessica, age 14, comes to see you with her mother. She appears withdrawn and fatigued and refuses to speak with you. Her mother explains that in the last few months Jessica's behavior has changed drastically. How would you manage this family's treatment needs from an ethical perspective?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of the steps to take in starting treatment with a new family unit.

A. Explain the family systems model.

B. If you are unable to make progress with the family, give them three referrals.

C. Evaluate how willing the mother is to reframe the problem as the "family problem" rather than Jessica as the problem.

D. Discuss the risks and benefits of seeing them as a unit and of seeing Jessica individually.
Answer: A. Inform them that it would be unethical and help them find a way to pay for continued therapy.

It is unethical to enter into bartering dual relationships with clients. It is also important not to abandon clients. This answer provides many opportunities to help the clients, including adjusting your fee.
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Question: 11. Your former supervisor refers a client to you and suggests that you split the client fee as you did while under her supervision. You would:

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of how to manage referrals that meets ethical obligations.

A. Report this unethical behavior to the BBS.

B. Negotiate a new split fee arrangement.

C. Inform the supervisor that it is unethical to split fees.

D. Inform the supervisor that since you are now a licensed social worker she can only get 25% of the client's total fee.
Answer: B. Self-harm behavior.

Self-harm behavior is not a type of dependent adult and elder abuse. Welfare and Institutions Code defines dependent adult and elder abuse as knowledge or reasonable suspicion of the following: physical abuse, abandonment, isolation, neglect, financial abuse, and abduction.
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Question: *12. You are given an unwrapped book of inspirational religious poetry by one of your clients as a holiday gift. This book strongly contradicts your personal religious beliefs. You decide to:

Content Area: Ethics: Professional Competence and Preventing Harm
This question tests your ability to deal with the therapeutic alliance and potential counter-transference in light of gift-giving.

A. Accept the gift in the spirit in which it was given and say nothing about your spiritual beliefs.

B. Evaluate what would be in the client's best interests and how accepting or rejecting the gift might affect treatment.

C. Gently explain to your client that you cannot accept such a personal gift.

D. Thank the client for her thoughtfulness but let her know that your policy is that you don't accept gifts from clients.
Answer: B. Providing informed consent.

From an ethical standpoint, the therapist is providing the client with information to help the client assess his/her desire to be in therapy, which is the intent of informed consent.
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Question: 13. Which of the following techniques would be considered out of a mental health professional's scope of competence if they did not receive the needed specialized training?

Content Area: Law: Legal Standards for Professional Practice
This question focuses on your knowledge of a mental health professional's scope of competence.

A. Couples therapy

B. Hypnotherapy

C. Psychotherapy

D. Adolescent therapy
Answer: B. Consult with professional peers regarding your discomfort.

You want to be aware of how your discomfort may impact the therapy and, as an initial step, deal with it through research and consultation with colleagues.
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Question: 14. You terminated therapy with Margaret after 3 years because she wanted to work with a therapist with her same sexual orientation. You gave her a referral to a new therapist who she has seen a few times. Several weeks later Margaret leaves you a message saying that she is having a conflict at work and wants to speak with you because only you can help her. When documenting this call you would:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to document your care for a client, even a former client.

A. Note that you told her that you cannot ethically treat her because she is already in treatment with another therapist.

B. Indicate that you assessed her risk as "low" and suggested that she call her therapist

C. Confirm that you had a signed termination agreement.

D. Get a release to speak with her other therapist to coordinate care.
Answer: B. Give the doctor the information he needs.

Give the doctor the information he needs. Civil Code 56.10 (The California Medical Information Act) gives licensed health professionals the ability to consult for purposes of diagnosis and treatment without a release authorization.
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Question: *15. You've been treating a woman who is in the midst of a divorce. You receive a subpoena in the mail from her husband's lawyer asking for your client's records. You:

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of how to respond to a subpoena.

A. Contact your client to determine if she wants you to waive or assert privilege.

B. Would contact the husband's lawyer and assert privilege.

C. Ignore the subpoena since there is no one to whom you can assert privilege.

D. Must comply with the subpoena since it is an official court document and you would otherwise be in contempt of court.
Answer: C. Tell the client what you plan to tell the school.

The best ethical approach before speaking with the school, even if your disclosure is narrow, is to discuss it with the client first.
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Question: 16. Mike, your 17-year-old client, has a history of fire-setting. He is in therapy as a result of a court order and his parents know he is in treatment. He tells you that he is angry with his ex-girlfriend and says that he plans to set fire to her house tonight. What should you do?

Content Area: Law: Limits to Confidentiality/Mandated Reporting
This question is assessing your ability to determine a Tarasoff situation.

A. Call his parents so they can be sure that he doesn't go unsupervised.

B. Maintain confidentiality.

C. Call the police immediately and his ex-girlfriend's family.

D. Call the police immediately.
Answer: C. Change the diagnosis when you have confirmed it on any insurance forms.

To avoid fraud you would have to code the diagnosis you currently are considering and change it when necessary.
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Question: 17. A social worker consults with another professional about a particularly challenging case. Has an ethical violation occurred?
Content Area: Ethics: Professional Competence and Preventing Harm
This question assesses your ability to collaborate with other professionals when issues arise outside the social worker's expertise.

A. Yes, if the social worker does not reveal confidential client information to the other professional.

B. No, if the social worker does not reveal identifying information about the client to the other professional.

C. Yes, if the social worker has a signed consent by the client to consult.

D. No, if the other professional agrees to keep the client information confidential.
Answer: C. Accept the gift and explore what it means for her to give you the muffins.

Appropriate gifts (inexpensive, non-romantic, etc.) may be accepted by social workers without impairing their judgment or exploiting the client and should be processed to be most ethical.
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Question: *18. When unable to reach a client by phone, a social worker texts the client's mother to tell her that her son is talking seriously about running away from home because of the step-father's abuse. She texts back to tell you that he is home safely but "thanks for the heads-up." What are the social worker's ethical obligations regarding the confidentiality of minors?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to handle informed consent about the limits of confidentiality in the treatment of minors.

A. Obtain written informed consent from the minor that allows texts to parents in an emergency.

B. Tell minor clients how you will contact parents if you think there is an emergency.

C. Tell minor clients that you will show them any texts from parents.

D. Obtain informed consent from parents about your mandates to break confidentiality.
Answer: A. Refer the client to another therapist and disclose the reasons.

Treating a client who was dating a member of the social worker's family would constitute a dual relationship, and the most ethical way to proceed would be to give the client some referrals.
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Question: *19. Maria and Juan have been seeing you for couples' counseling for six weeks. In the 7th session, Maria brings you a batch of fresh, hot, home-baked oatmeal raisin cookies. You would:

Content Area: Ethics: Business Practices and Policies
This ethical question, with a flair of human diversity, reviews ethical policy as it relates to gift giving.

A. Accept the cookies and explore their meaning with Maria and Juan.

B. Refuse the cookies and explore their meaning with Maria and Juan.

C. Accept the cookies and eat one immediately.

Answer: C. Tell them that using their son's "mental anguish" in a lawsuit could compromise their confidentiality in therapy.

Although you must avoid giving legal advice, you could tell the parents of the potential risks of introducing their son's mental state in a legal proceeding, i.e., that it nullifies the privilege of therapy sessions with them and their son.
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Question: 20. You are conducting a research study on divorce. In the informed consent process, what information do you need to provide your clients?

Content Area: Ethics: Business Practices and Policies
This question assesses your knowledge of procedures when conducting research using human participants.

A. The importance of the client remaining in the study until the very end to maintain the validity of the study.

B. That dual relationships may be inevitable due to the nature of the study.

C. That any information obtained may be used in the study.

D. The client has the right to withdraw from the study at any time.
Answer: C. Return the sweater and encourage the man to bring it up in session.

Returning the sweater and encouraging him to bring up the topic in session allows for the agreed-upon payment arrangement to be maintained and avoids collusion with the husband.
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Question: *21. If a social worker digitally recorded a session with a client and then receives a subpoena for records because the client is claiming emotional distress, the recorded session would be provided to the court if:

Content Area: Law: Limits to Confidentiality/Mandated Reporting
This question tests your knowledge of how to respond to a subpoena.

A. The client signed a release to record a session.

B. The client signed a waiver of privilege for the records.

C. The client signed a consent form allowing the session to be videotaped.

D. Digital recording must be disclosed with any records in a subpoena.
Answer: B. Notification to the person signing the agreement that they have a right to receive a copy of it.

An Authorization to Release Confidential Information form must contain a statement that the person signing the agreement is entitled to a copy of the agreement.
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Question: *22. A client is referred to you by his attorney. The client tells you that he is reluctant to talk to you because he doesn't want what he says in therapy coming out in court. Choose the statement that could BEST explain privilege to this client:

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of privilege. You must be able to distinguish between confidentiality and privilege as well as between law and ethics.

A. It is an ethical concept involving the right of a social worker to withhold information in a legal proceeding.

B. It is a legal and ethical principle which involves a restriction on the volunteering of information about a client.

C. It is a legal principle that protects client conversations unless there is a court order.

D. Attorney/client privilege extends to the client of a social worker that the attorney uses for referrals.
Answer: A. Inform her of the results in language she can understand.

Ethics require that therapists explain all of therapy, including assessments, in terms a client can understand.
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Question: *23. A client who was referred by his rabbi comes in to see you for issues of grief related to the loss of his mother two weeks ago. Recently your mother died too. What would you do FIRST?

Content Area: Ethics: Professional Competence and Preventing Harm
This question tests your knowledge of how to manage counter-transference.

A. Talk about this situation in your own therapy.

B. Seek professional consultation.

C. Refer the client to another mental health professional who specializes in grief and loss issues.

D. Determine if you can deal with this client at this time.
Answer: C. Talk with the client about the risks of dual relationships.

No matter how a dual relationship emerges, on the internet or in a session, the social worker's ethical obligation is to discuss the risks and avoid it if possible.
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Question: *24. Steven comes to you for help with debilitating anxiety. He says that his anxiety is beginning to interfere with his relationships and his job. He is afraid to drive his car because he thinks that he is going to hit someone. He doesn't know how he will ever take a girl out on a date or get to work if he doesn't get control over this. He thinks he should be able to get over this by himself. The therapist should begin by:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of ethical obligations when selecting treatment interventions.

A. Teaching him relaxation techniques and pairing those with thoughts and images of driving his car.

B. Explaining the benefits of a behaviorist approach for severe anxiety.

C. Documenting in an initial treatment plan the client's goals for treatment of anxiety.

D. Assessing whether a medication evaluation would be necessary.
Answer: A. Ask them to educate you about important differences and to tell you how these relate to their presenting problem.

A policy where you model appropriate communication skills will allow your clients to feel more comfortable and facilitate discussion of diversity issues.
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Question: *25. Which of the following is not considered by law to be unprofessional conduct by a social worker?

Content Area: Law: Legal Standards for Professional Practice
This question asks you to identify unlawful unprofessional conduct.

A. A conviction after pleading no contest to a DUI.

B. Thanking a friend for a referral by taking her out to dinner.

C. Being arrested for shoplifting.

D. Poor record keeping.
Answer: C. Tell the colleague that her actions violate ethical standards.

Social workers do not operate as "snitches" on other social workers. However, it is ethically appropriate for us to confront a social worker who is engaging in unethical practices.
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Question: 26. A social worker has been working with a client who informs the social worker that he has been living as a woman since he was 35. He is now 45 and wants to begin transitioning into an anatomical woman. The client tells the social worker that he already has confirmed that his insurance will pay for it but he is self-employed so it is going to be very expensive. How should the social worker proceed?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to manage diversity from an ethical point of view.

B. Use a the client's signed consent form to determine if he signs it as a woman or as a man.

C. Include a diagnosis of "Gender Dysphoria" on any insurance forms if he signs a release to allow this.

D. If the social worker feels that any counter-transference will impact the therapy, refer the client to a specialist.
Answer: A. Maintain confidentiality.

Claire is 18 and considered an adult. Thus, making a report would be breaching confidentiality. Social workers do not report historical abuse. Your legal obligation is to maintain Claire's confidentiality.
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Question: 27. You find out that your 14-year-old client's mother is beating her for not making her bed in the mornings. You have determined you need to make a child abuse report. What is your legal responsibility as a mandated reporter?

Content Area: Law: Limits to Confidentiality/Mandated Reporting
This test item addresses your responsibility as a mandated reporter.

A. To contact an agency designated to take a report and follow up with a written report within 36 hours.

B. To contact an agency designated to take a report and follow up with a written report within forty-eight hours.

C. To contact an agency designated to take a report and follow up with a written report within two working days.

D. To contact an agency designated to take a report and follow up with a written report within seventy-two hours
Answer: D. The surveys are offered at no cost, or fees for completing the surveys are disclosed before the client begins the survey.

If any fees are associated with clinical practice, social workers are legally obligated to disclose them before providing a service.
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Question: 28. After working with a rape survivor for 3 weeks, the social worker determines that the client would benefit from an adjunctive referral to a therapist who specializes in EMDR. All of the following would be clinical considerations in making such a referral except?

Content Area: Ethics: Professional Competence and Preventing Harm
This question addresses issues related to using concurrent social workers.

A. It would be necessary to obtain a release in order to work collaboratively with the EMDR therapist.

B. The treatment plan may need to be modified, as the trauma-related symptoms may begin to shift and lead to other issues that need processing.

C. The social worker should not make this type of referral yet as the client is still in a vulnerable condition.

D. There may be an impact on your therapeutic relationship with this client who may compare or feel torn between two therapists.
Answer: A. Allow the client to inspect the records, receive a copy, or receive a summary.

Allowing the client to inspect the records, receive a copy, or receive a summary is what the law requires social workers to do. Social workers may also, under limited circumstances, refuse the client any access to the records at all if they feel that the release of the records will be harmful to the client.
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Question: 29. You are working with a 13-year-old client whose parents are going through a divorce. She texts you one day to tell you that even though she lives full-time with her mother, her dad is now hiring a lawyer for her to come live with him. You receive a subpoena for your records for the purpose of a custody hearing. You would:

Content Area: Law: Confidentiality, Privilege, and Consent
This question evaluates your understanding of how to respond to a subpoena.

A. Assert privilege until a guardian ad litem has been appointed for the client.

B. Contact the parent under whose authorization you are treating the 13-year-old and assert or waive privilege, depending on that person's wishes.

C. Speak to both parents and assert or waive privilege depending on their wishes.

D. Release the records in order to comply with the subpoena and avoid being in contempt of court.
Answer: C. You've taken a practical course on EMDR and have obtained certification.

Taking courses and obtaining certification demonstrates a minimum level of competence to be able to use EMDR in your own practice. Continual education will keep you current on EMDR practices.
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Question: *30. In her first session, Shannon, who is highly anxious, asks you how long therapy will last. You would:

Content Area: Ethics: Therapeutic Relationship/Services
This question is checking your understanding of developing a therapeutic alliance and the importance of explaining the process of therapy at the outset of treatment (informed consent).

A. Interpret her question as an anxiety reaction.

B. Outline the process of treatment.

C. Encourage her to explore the concerns that brought her to therapy.

D. Explore past therapy experiences.
Answer: A. If you have a sobriety contract in place, terminate any session at which Pablo comes in intoxicated.

If a client is unable to benefit from therapy, it is ethical to end the session.
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Question: *31. After being in weekly therapy for 9 months, the client asks if she and the social worker can use telehealth to have sessions on an as-needed basis. If the social worker determines that this is clinically appropriate, what does the social worker need to do to make sure that online sessions are legal?

Content Area: Law: Legal Standards for Professional Practice
This question tests your knowledge about the legalities associated with fee negotiations.

A. Disclose any fees which are different from in-person sessions.

B. Tell the client about confidentiality protections she must have on her computer.

C. Maintain separate files for the different modalities.

D. Get her consent for video recording in writing.
Answer: C. Ethically working within your scope of competence.

Ethically and legally, you may tell your clients about laws which affect their treatment as long as you don't give legal advice.
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Question: 32. In your first session with Peter and Veronica, they disclose to you that although they have a five year relationship, Veronica is married to someone else. You should:

Content Area: Ethics: Professional Competence and Preventing Harm
This question pertains to issues impacting conjoint therapy.

A. Refuse to see Veronica but counsel Peter.

B. Refuse to counsel either of them until Veronica tells her husband about this affair.

C. Counsel both of them.

D. Counsel Veronica and her husband.
Answer: C. Only share information with those providers that advance the welfare of the client.

Ethics codes are primarily designed to assure that therapists balance the best interests of the client in their sociocultural context with clinical competence. Sharing information with other providers, if it is confidential and clinically appropriate, fulfills this ethical obligation.
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Question: 33. A couple comes in to see you for therapy. They are referred by the wife's individual therapist. The husband has recently discovered his wife has been cheating on him and he is unsure if he wants to continue the relationship. What is solely an ethical responsibility in treating this couple?

Content Area: Ethics: Therapeutic Relationship/Services
This question addresses your ethical responsibility in treating a couple.

A. Getting a signed release from both the husband and the wife to speak with the wife's therapist.

B. Designating a fee prior to the commencement of therapy.

C. Informing the couple of your "no secrets" policy.

D. Having the wife sign a release to speak with her therapist.
Answer: B. A provisional diagnosis.

Informed consent would NOT include a provisional diagnosis. The main purpose of informed consent is to give your client information about your services and the process of psychotherapy so that they may make an informed decision about treatment.
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Question: *34. Gladys, age 65, reports she has kicked her 67-year-old husband when it looked like he wasn't listening to her. He tells you that his hearing is poor and most of the time he heard her the first time anyway. What would you do?

Content Area: Law: Limits to Confidentiality/Mandated Reporting
This question addresses the parameters involved in reporting elder abuse.

A. Report immediately to Adult Protective Services and make a written report within 2 working days.

B. Refer him to an MD for possible improvements in his hearing.

C. Since they are spouses, do conjoint work pertaining to anger management.

D. Maintain confidentiality since you are not mandated to report since both spouses are 65 and older.
Answer: D. Send his records as requested.

Sending his records is the correct answer. Mental health professionals do not withhold patient records or information solely because the practitioner has not been paid for therapy services.
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Question: *35. Toward the end stages of therapy a client asks his social worker if they can use text or email between sessions to communicate as the final sessions get more spread apart. The social worker suggests that texts and emails won't really get the client used to less contact; they will only be substitutes. The social worker has:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to respond ethically to clients' requests about changing treatment.

A. Provided ethical informed consent.

B. Legally maintained confidentiality.

C. Legally avoided client abandonment.

D. Avoided a dual relationship.
Answer: A. Make appropriate referrals.

Making appropriate referrals is the ethical course of action when a social worker is unable to provide services.
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Question: *36. You get a call from the emergency room regarding one of your clients who was brought in by the PET team and is incoherent, delusional, and unstable. While they were going through his belongings they found his driver's license and your card. The psychiatrist on call wants to know if you can give them any information about this person that might be helpful. You would:

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of how to protect client safety and confidentiality at the same time.

A. Assist them with information you deem pertinent to the situation at hand.

B. Inform them that you cannot confirm or deny if this person is your client.

C. Tell them that they will have to obtain a release signed by the client and fax it to you before you can disclose any information.

D. Ask to speak with your client before disclosing any information.
Answer: B. Determine if the client is a resident of California.

The social worker must conform with the law, which requires that the client reside in the state of California.
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Question: *37. You have attended a yoga class every Saturday morning for the last 5 years. Today when you arrive you notice your client signing in at the counter for the class you attend. What are your ethical responsibilities?

Content Area: Ethics: Professional Competence and Preventing Harm
This question tests your knowledge of ethical responsibilities regarding dual relationships and techniques to manage this responsibility.

A. Complete class as usual without acknowledging the client unless he/she acknowledges you and explore his/her reactions in your next session.

B. Leave immediately before the client sees you.

D. Say hello to your client, complete the class as usual, and incorporate yoga and body movement in your treatment plan.
Answer: B. No, because this is financial exploitation and does not demonstrate a clinically sound reason to terminate therapy.

This is not ethically sound because ethical standards state that mental health professionals do not financially exploit their clients or refer (i.e., abandon) for financial reasons. She is already paying by insurance, and you cannot change your payment policies without advance notice and a chance for the client to renegotiate.
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Question: *38. You contract with a family for ten sessions, as that is all their insurance would cover. After the ten sessions they want to continue therapy but can't afford your full fee. What would you do next?

Content Area: Ethics: Therapeutic Relationship/Services
This question addresses your management of insurance clients with limited coverage, your sensitivity to the ethical concerns of client abandonment and ethical standards.

A. Refer them to a low-fee clinic.

B. Accommodate your fee since you've established a bond.

C. Terminate with the family since you have met the terms of the contract.

D. Assess their motivation for continuing therapy.
Answer: B. Keep your opinions to yourself.

Deciding what to do with a pregnancy is a decision the couple must live with, not the social worker.
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Question: *39. Cheryl and Bobby are in joint private practice. Cheryl is concerned that Bobby is becoming burned out but Bobby won't reduce his caseload. It would be appropriate for Cheryl to:

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of how to assess and address other professionals' competence if it endangers clients.

A. Avoid making any referrals to Bobby.

B. Offer to take some of his caseload.

C. Engage Bobby in a therapeutic conversation.

D. Report Bobby to a regulatory body.
Answer: D. Questionable at best and unethical since it is close to paying for referrals.

Setting up this type of incentive for making referrals is close to paying for them and is unethical and illegal.
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Question: 40. A "5150" or involuntary confinement may be invoked by:

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question pertains to your knowledge of who can invoke a 5150.

A. Any licensed mental health professional.

B. A peace officer, staff member of an evaluation facility, or other professional person designated by the county.

C. Family members of persons to be confined.

D. All of the above.
Answer: B. Would report the incident to Adult Protective Services immediately.

A dependent adult is legally defined as someone between the ages of 18 and 64 who is emotionally, financially, or physically unable to care for him/herself. Since Greg is in a wheelchair and has a nurse attending to him, he would be considered a dependent adult. Therefore, this would be reportable to Adult Protective Services immediately by phone, followed by a written report within 2 working days.
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Question: *41. A client joins a social worker's church congregation. The social worker should:

Content Area: Ethics: Professional Competence and Preventing Harm. This question asks you how you would handle a situation involving a potential dual relationship and boundaries.

A. Leave the congregation.

B. Tell the client s/he needs to join a different congregation.

C. Stay in the congregation but avoid direct social interactions.

D. Review dual relationships with your client and healthy boundaries.
Answer: A. Remind him of your no secrets policy and encourage the husband to tell his wife about the phone call and the gun.

Reminding him of your no secrets policy is the only answer that implies that you have informed your clients of a no secrets policy and it focuses clearly and correctly on how to resolve this therapeutic issue.
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Question: 42. You are working with a family and learn that the father is neglecting the child. After making a report to CPS, you feel anger towards the father. What is/are the best way(s) to deal with your counter-transference?

Content Area: Ethics: Professional Competence and Preventing Harm
This question looks at your knowledge of appropriately handling counter-transference issues.

A. Journaling, peer consultation and individual therapy.

B. Journaling, progressive muscle relaxation, and diaphragmatic breathing.

C. Individual therapy, as you already know your anger won't be resolved through independent measures.

D. Refer the family to another therapist who specializes in victimized children and has her counter-transference issues resolved around these issues
Answer: A. Obtain a written agreement about the fees for therapy.

Although her text response could imply her agreement, it would be more legally sound to obtain her agreement to the fees in writing. The "K" does not necessarily prove that she read anything you sent.
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Question: 43. 13-year-old Brianna comes to the clinic where you are doing intakes and asks if she can get a social worker. You assess that Brianna is mature enough to participate intelligently in therapy and Brianna says she can pay for therapy if there is a low fee. In order for Brianna to be seen without parental consent, what other information would you need to know?

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of the legal requirements for treating a minor without parental consent.

A. That Brianna's uncle began to molest her a month ago.

B. That Brianna has daydreams of harming herself and no one in whom to confide.

C. You have sufficient reason to treat Brianna without parental consent.

D. That Brianna is in the process of petitioning the court for emancipation.

This answer contains the basic steps you must take when you know of or have reasonable suspicion of elder abuse, and it shows good clinical management in processing any feelings your clients might have about their social worker filing a report.
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Question: *44. Your client, Liz, is a 17-year-old female who is leaving for college out of town at the end of the month. She was molested by her uncle as a young child and is working through these issues with you. She has developed a close working relationship with you and wants to continue to work only with you. You would:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of the legal issues that pertain to treating clients who are moving.

A. Consult with a colleague about transference/counter-transference issues.

B. Make three referrals out of town.

C. Plan for weekly, hourly phone sessions with you.

D. See her on school breaks.
Answer: A. Determine the family's understanding of the purpose of the therapy and refer for an academic assessment.

Ethically, you would want to clarify the client's purpose. Since the referral was from the school, it could be in the client's best interests to assess the needs there.
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Question: *45. Your client missed a regularly scheduled appointment. Your policy, made clear to the client in your informed consent document, is that clients will be billed for missed appointments. The client asks you to bill the insurance company. What would you do?

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of appropriate billing procedures.

A. Bill the insurer, indicating that the charge is for a missed session, and tell the client he/she is ultimately responsible for the fee.

B. Explain that billing insurance for missed sessions is insurance fraud.

C. Let it go, since by law, insurers cannot be billed for missed sessions and clients with insurance are not required to pay out of pocket.

D. Bill the insurance company for the session.
Answer: B. Explain the pros and cons of therapy.

This question is asking you to respond to a client's inquiry about whether therapy will be helpful. Explaining the costs and benefits of therapy addresses this concern.
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Question: *46. At your 12-step meeting you mention that you are a social worker. Some other participants ask if being a social worker makes you a good sponsor. If you tell them that sponsorship is not within your scope of practice you have:

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of how to respond when clients want a service that is beyond your licensure to provide.

A. Failed to provide informed consent.

B. Fulfilled your ethical obligation to restore boundaries.

C. Legally fulfilled your responsibility to provide accurate information about your qualifications.

D. Legally failed to fulfill your responsibility to provide referrals.
Answer: D. Maintain confidentiality.

In this case, maintaining confidentiality is the best of the answer choices. If you subsequently had reason to suspect that the perpetrator had abused a person who is a minor, you would then be mandated to report to CPS.
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Question: *47. You are seeing a 52-year-old man who is unable to keep a job. He states that he always ends up fighting with his bosses who then fire him. During a session he makes a derogatory comment about his last boss' homosexuality. You find yourself becoming angry towards this client. What would you do?

Content Area: Ethics: Professional Competence and Preventing Harm. You must choose which course to pursue in response to your becoming angry at the client.

A. Disclose how you feel.

B. Seek consultation.

C. Refer him out.

D. Put your own feelings on the shelf and deal with the client's issues.
Answer: Codes devloped by mental health practioners for the purpose of setting professional standards for approproate behaviors, defining professional expectations and preventing harm to clients
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Question: *48. For several sessions, you have been working with a client who insists that he "will not rest" until he makes his son's teacher pay for the false child abuse report that the teacher made. He feels that his family has been shamed and anyone who does an internet search on him will think he is a child abuser. He tells you he would never "put hands on a woman, but I will think of something." The social worker's early intervention plan should include:

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This questions tests your knowledge of how to assess for danger and the need to break confidentiality in a potential crisis situation.

A. Notifying the police and the teacher.

B. Creating a therapeutic environment where the client can speak openly.

C. Direct questions about his revenge plans.

D. Educating the client about the law regarding your mandate to over report child abuse.
Answer: Enhance human well being and help meet the basic human needs of all people, with particular attention to the needs and empowerment of people who are vulnerable, oppressed and living in poverty
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Question: 49. A social worker has been working with a difficult and resistant client for several months. The social worker might make some referrals to other social workers because:

Content Area: Ethics: Therapeutic Relationship/Services
This question checks your understanding of reasons to refer a client to a different social worker.

A. The social worker is having a counter-transference reaction.

B. The social worker and client both agree that it seems as if no further progress can be made.

C. The client probably needs a more directive and confrontational approach.

D. The client begins to miss sessions.
Answer: Social workers should protect the confidentiality of all information obtained in the course of professional service, except compelling professional reasons
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Question: *50. José, a 14-year-old Mexican-American boy, comes to therapy with his mother. He presents with a flat affect and avoids eye contact during the initial assessment session. During the assessment process, José remains quiet as his mother provides a list of José's symptoms and behaviors that she would like you, as the social worker, to address. Before the initial assessment session comes to an end, José requests that you meet with him individually from now on. After deciding that it would be appropriate to schedule individual sessions, what is your legal obligation?

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of the legal obligations that pertain to documentation.

A. Assess whether the absence of Jose's father is having an impact on his behavior or this session.

B. Refer his mother for individual therapy to avoid abandoning her as part of the treatment unit.

C. Document your decision to meet individually with José.

D. Ask his mother to sign a new consent form for him to be treated individually.
Answer: 1. Suspension of hurting one self
2. Suspensions of child abuse
3. Suspension of hurting others
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Question: 51. When writing notes about your client's therapy, which of the following information would not be kept in a client's chart?

Content Area: Ethics: Business Practices and Policies
This question addresses the parameters of record keeping.

A. The client's diagnosis.

B. Notes on any peer consultations regarding counter-transference issues around the case.

C. The informed consent signed by the client.

D. The treatment plan.
Answer: 1. Reasonable suspicion does not require certainity the child abuse or neglect has occured
2. Reasonable suspicion does not require a specific medical indication of child abuse or neglect; any reasonable suspesion is suffeciant
3. Reasonable suspicion may be based on any information considered credible by reporter, including statements by others
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Question: *52. After your session with Scott, you decide to buy $10,000 worth of the stock that he was talking about. In a short time the stock tailspins to 10% of its initial price offering. How would you characterize the social worker's action?

Content Area: Ethics: Professional Competence and Preventing Harm. This question assesses your sensitivity to the issues of professional boundaries and dual relationships.

A. It is illegal and unethical.

B. As the social worker did not solicit the information, the social worker was free to purchase the stock.

C. It is unethical.

D. It is unethical if it interferes with the nature of the therapeutic relationship.
Answer: An entity with a legitimate need to know. I.e teachers, school counselors, primary care physcians, members of hospital treatment team, agency personal, insurance companies, gatekeepers to services
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Question: *53. What is a social worker legally required to disclose to a client at the beginning of treatment as part of the ethical obligation for informed consent?

Content Area: Ethics: Therapeutic Relationship/Services
This question reviews your knowledge of the legal and ethical aspects of informed consent.

A. The fee, the true name and license of the designated owner of the practice, and the limits of confidentiality.

B. The fee and the type of license held by the social worker and the expiration date of a release authorization.

C. The fee and the true name and license of the designated owner of the practice.

D. The fee, the type of license held by the social worker, and limits of confidentiality.
Answer: Refers to a private statement that must be kept in confidence by the recepient for thr benefit of the communicator
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Question: 54. Hank, a 27-year-old stockbroker, is referred by his EAP for 6 sessions. In the 5th session Hank tells you that he has recently acknowledged to himself that he is gay and doesn't know how to tell his fiancee. He wants to bring her to the next session and have you tell her for him. The best course of action would be to:

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of how to manage client expectations and boundaries.

A. Remind him that he only has one more session and that may not be how he wants to use it.

B. Suggest more sessions to clarify his sexual orientation.

C. Ask him how he knows he is gay.

D. Decline his request to tell her for him.
Answer: Privilege refers to information shared verbally by the client in psychotherapy sessions and information documented in the clincsl records
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Question: 55. A disabled client reports difficulty getting her medications because her son spends her SSI checks on gambling debts. What is your legal responsibility?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of your responsibilities as a mandated reporter.

A. You have no reporting mandate for domestic violence.

B. You are legally mandated to contact Adult Protective Services for dependent adult abuse.

C. You are legally mandated to contact Adult Protective Services for elder abuse.

D. You are ethically responsible to put the client's son on a 5150 for danger to others, as his mother could die without the medications.
Answer: Is established by ca evidence code 1014
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Question: 56. A therapist who performs telehealth advertises that the main advantage of internet therapy is that the client can reach a therapist in real-time. "If crises come up or just a quick question, online therapy can meet your needs right away." This advertising is:

Content Area: Law: Legal Standards for Professional Practice. This question pertains to your knowledge of the legal parameters for advertising on the internet.

A. Legal if the therapist's informed consent information includes emergency contacts in the case that the therapist is unavailable.

B. Legal if telehealth is within the therapist's scope of practice.

C. Unethical because online therapy cannot be used in a crisis.

D. Unethical because clients will expect a social worker to be available 24/7.
Answer: 1: The patient is the holder of the privilege when he or she has no guardian or conservator. If the patient has a guardian or conservator, then the guardian or conservator holds the privilege.

2 If the patient is dead, the personal representative of the decedent holds the privilege.

3 If your identified patient is a group, family, or couple you must receive a waiver from each and every member of the group before you can release any information.
4 If your patient is a minor child, he or she holds the privilege. A minor's parents do not hold the privilege for the minor. The only time a parent could hold the privilege for the minor is if the court has specifically appointed the parent as a guardian ad litem.
5 If your patient is a minor, you must assert the privilege on his or her behalf. If the minor has an attorney, the attorney can make the decision to waive or assert the privilege.
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Question: 57. As you arrive to work in the morning you notice your office has been broken into and your client, Matilda, who has been diagnosed with Borderline Personality Disorder, has pried open your locked file cabinet, has her file under her arm, and is about to leave the premises. She tells you she knows that she has a legal right to her own records. You tell her that this is true but that legally, in order for her to see the records:

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of the legal protocols for a client requesting to see her records.

A. She must submit to you a request in writing.

B. She must sign a release authorization because after she leaves the office with her records it is possible that unknown third parties will see the records.

C. You must first inspect the records to make sure that there is nothing in them that would be detrimental to her mental condition or to the therapeutic process.

D. Fill out the appropriate HIPAA forms to insure the privacy of her protected health information.
Answer: 1. Service
2. Social justice
3. Dignity and worth of the person
4. Importance of human relationships
5. Integrity
6. Competence
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Question: 58. You are a newly licensed social worker. You would like to incorporate EMDR into your practice. Which of the following statements is CORRECT?

Content Area: Ethics: Professional Competence and Preventing Harm. Awareness of when EMDR can be incorporated into your practice is being tested here.

A. EMDR is not within the scope of practice for a mental health professional.

B. You may practice EMDR if you are properly trained.

C. You are legally required to inform a client in the first session that you use EMDR.

D. You may practice EMDR only if you are certified by your state licensing board.
Answer: Privilege is not absolute, if there is a issue of a clients mental health or psychological treatment is raised during the course of a lawsuit, a ,metal health provider might be forced by the court to reveal the details of the clients treatment
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Question: *59. The best time to establish your office policies with a client is:

Content Area: Ethics: Therapeutic Relationship/Services
This question assesses your knowledge of the ethical standards in establishing office policies.

A. At the commencement of treatment.

B. Within the first couple of sessions.

C. On an ongoing need-to-know basis.

D. When your client asks.
Answer: may claim privilege on behalf of the client (per CA Evidence Code 1015). The client may then:
1.waive privilege and allow the provider to provide the subpoenaed information;
or 2 invoke privilege and refuse to allow the release
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Question: 60. In order to tell her clients about how she works with social media, a social worker says that she will only send texts to confirm a cancellation. This agreement between the client and the social worker represents:

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of the contents of informed consent.

A. A Treatment plan.

B. A waiver of privilege.

C. Informed consent.

D. Limits of confidentiality.
Answer: California, minors who are 12 years of age or older may consent to mental health treatment or counseling if both of the following requirements are met: a) The minor, in the opinion of the attending professional person, is mature enough to participate intelligently in the outpatient services or residential shelter services AND 1) The minor would present a danger of serious physical or mental harm to self or others without the mental health treatment or counseling or residential shelter services or 2) is an alleged victim of incest or child abuse
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Question: 61. A potential client was referred to you by a former client. He is specifically requesting "psychoanalysis," is willing to pay cash and wants to see you 2-3 times a week. You work from an Existential theoretical orientation. You know a supervisor who works psychoanalytically and you believe you would receive good supervision from him if you were to see this client. What will you do?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of the ethical responsibility to clarify expectations of therapy and work within your scope of competence.

A. Inform the client of your theoretical orientation and let him decide what he would like to do.

B. Tell the client you would be willing to see him but only one time a week and start educating yourself regarding psychoanalysis.

C. Tell the client you cannot see him because you're not a psychoanalyst and offer three referrals.

D. Explore with the client what he means by "psychoanalysis." Educate him on your theoretical approach and inform him of your limitations regarding psychoanalysis. Let him decide if he would like to continue therapy with you or receive referrals.
Answer: minor who is 12 years of age or older may consent to medical care and counseling relating to the diagnosis and treatment or a drug or alcohol problem. Minors cannot consent to psychotropic medication or inpatient hospitalization without parental
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Question: 62. Miranda, a medical social worker is going through a painful and conflict-ridden custody battle with her ex-husband. She notices that she has a hard time paying attention in rounds and last week became irritated with a patient and another member of her interdisciplinary team. According to professional ethical standards, how should Miranda proceed?

Content Area: Ethics: Professional Competence and Preventing Harm. This question reviews your knowledge of managing social worker's issues and conflicts that interfere with the ability to deliver professional services.

A. Apologize to the patient and colleague.

B. Take a personal day.

C. Take a leave of absence until the custody situation has been resolved.

D. Speak to her supervisor about making adjustments in her workload.
Answer: , which pertains to child abuse, requires that mandated reporters, make a report of child abuse whenever a "reasonable suspicion" of abuse exists. An abuse report is required whenever a mental health provider learns about the abuse in his or her professional capacity.
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Question: *63. Eli has relocated his psychotherapy practice from a big city to a small town. In addition to seeing clients in his office, he also takes a job as a supervisor of interns at the town's only community counseling clinic. In his second week at the clinic Eli is given a list of new interns he will be supervising and one of the interns assigned to him is a client in his private practice. This client does not know that Eli supervises at the clinic. What should Eli do?

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge regarding supervision and dual relationships.

A. Decline to supervise the intern.

B. Ask the client to choose between having Eli as a social worker or a supervisor.

C. Terminate the therapy since it conflicts with Eli's role as a supervisor as well as the client's desire for training and career advancement.

D. Proceed as a supervisor since this is a case of an unavoidable dual relationship.
Answer: Elder is over 65 years age
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Question: 64. You find out that your client Joyce has been living with John for one year. John has a son who has become violent with Joyce on several occasions. She states that she really cares for John but doesn't know what to do about his son. How would you handle this situation?

Content Area: Ethics: Therapeutic Relationship/Services
This question pertains to a social worker's ethical responsibility to provide for a client's safety.

A. Provide Joyce with safety information.

B. Obtain Joyce's informed consent.

C. Refer Joyce to a woman's support group.

D. Refer the son to a high-risk teen group.
Answer: Is one whose physical or mental health that puts them at increased risk of abuse
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Question: *65. You are treating a family of four in therapy. The oldest child, age 17, suggested that you do telehealth sessions with him. Legally, in order to do this you must:

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of the legal parameters for the use of telemedicine/telehealth.

A. Obtain written consent-to-treat from him because he is age 12 and older, to change the treatment plan.

B. Obtain consent-to-treat him if he changes from family therapy to individual telehealth therapy.

C. Legally obtain informed consent with the whole family to change the treatment plan.

D. Determine your fee schedule for a different medium.
Answer: Financial abuse
Abandonment
Neglect
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Question: *66. Isaac and Fanny want their son Adam to have his Bar Mitzvah ceremony at the Orthodox synagogue that they belong to. Adam will only agree to study for his Bar Mitzvah at the local youth-oriented Hillel Temple that is less traditional. As a social worker, the most helpful initial step would be to:

Content Area: Ethics: Therapeutic Relationship/Services
This question asks you to clinically evaluate diversity of religious beliefs within a family.

A. Suggest a compromise and see how they respond.

B. Ask permission to speak with both Rabbis for their input.

C. Ask the family members individually to share with you their thoughts about religion.

D. Ask each family member to explain to you from their point of view the meaning this religious ceremony has to them and their family.
Answer: Refers to the assumption that the reporter to the best of their knowledge had reason to believe the child in question was being subjected to abuse or neglect. Even if the allegations are false the reporter is provided with immunity
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Question: 67. According to the Elder/Dependent Adult Abuse Reporting Law, you are mandated to report all of the following EXCEPT:

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of the Elder/Dependent Adult Abuse Reporting Law.

A. Mental suffering

B. Self-neglect

C. Financial abuse

D. Physical abuse
Answer: Laura's Law allows California counties to decide whether to opt to implement a community-based, court- monitored outpatient treatment program. These programs require outpatient treatment for a seriously mentally ill person who is unlikely to survive safely in the community without supervision, has a history treatment noncompliance, and presents a serious risk of harm to self or others. At the present time some, but not all, California counties have adopted Laura's Law.
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Question: 68. A famous rock musician who can pay your top fee is referred to you by a colleague. You send your colleague a bottle of fine wine in gratitude. Which of the following statements is TRUE about this situation? You have:

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of legal and ethical standards in dealing with referrals.

A. Expressed your gratitude in an appropriate and professional manner.

B. Not acted unethically or illegally since you did not solicit the referral.

C. Not acted unethically or illegally since you did not directly pay the colleague for the referral.

D. Acted unethically and illegally.
Answer: (1) the presence of attitudes that support violence, (2) the client's capacity of means to carry out violence, (3) the crossing of a threshold toward violence such as purchasing a gun or breaking a law, (4) the presence of an intent to carry out an action, (5) the responses of others to the client's plans, and (6) the degree of client compliance with professional recommendations to reduce risk.
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Question: *69. Your 16-year-old client has been working on gender issues since you started treatment when he was 15. He was referred to you by his high school because he was being bullied for wearing women's make-up and shoes. Legally, what would be your first concern?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of legal requirements when treating minors.

A. You would need to get consent from his parents because he is being abused at school.

B. You would need to assess for child abuse.

C. You would need him to sign a release to speak with his school.

D. You would need to assess for possible suicidal ideation.
Answer: Social workers should provide services and represent themselves as competent only within the boundaries of their education, training, license, certification, consultation received, supervised experience, or other relevant professional experience.
b) Social workers should provide services in substantive areas or use intervention techniques or approaches that are new to them only after engaging in appropriate study, training, consultation, and supervision from people who are competent in those interventions or techniques.
c) When generally recognized standards do not exist with respect to an emerging area of practice, social workers should exercise careful judgment and take responsible steps (including appropriate education, research, training, consultation, and supervision) to ensure the competence of their work and to protect clients from harm.
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Question: 70. A social worker who works from a Humanistic model tells a few of her clients that she has been sober for 10 years. She finds that clients feel safer with a social worker who is in recovery like themselves. What is a LCSW's ethical obligation to a client if a client wants the social worker to be his sponsor after one year of sobriety and participation in AA?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to ethically manage a client's request that you participate in a dual relationship.

A. Tell the client it would be a dual relationship to act as a social worker and sponsor.

B. Wait at least two years to begin any type of relationship concurrent with therapy.

C. Agree to be the sponsor only after the client terminates therapy and if the client initiates the termination.

D. Assess for any counter-transference that would encourage the social worker to become the sponsor.
Answer: Informed consent involves providing clients with information necessary to make educated decisions about treatment.
Can be in writing or by conversation
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Question: *71. A client comes to your office for an initial visit. During your intake the client reveals that she left her previous therapist recently because she became uncomfortable when he invited her to have dinner with him. Your client asks what she should do. You would:

Content Area: Law: Legal Standards for Professional Practice. This question assesses your legal knowledge regarding a therapist's boundaries with a client and requires that you discern between sexual exploitation and an unethical dual relationship.

A. As required by law, provide your client with the brochure describing client options for action against therapists in such situations.

B. Contact the therapist to discuss the legal/ethical consequence of his actions.

C. Assess for further boundary violations.

D. Contact the BBS to report the therapist's inappropriate actions.
Answer: Goals of therapy/psychotherapy services
- Risks and benefits of therapy
- Approximate length of the process
- Alternatives to therapy
- Fees and services, including processes if bills are not paid
- Qualifications and background of the counselor
- Treatment procedures, including emergency procedures
- Third party disclosures
- Choices between paying with and without insurance
-limits of confidentiality
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Question: 72. Patricia, a 12-year-old client, tells you that she hates it when her older sister lets her boyfriend sneak into her room at night. The older sister is 15 and the boyfriend is 18. Patricia says they continue to do "nasty stuff" even though she tells them to stop. What would be your next step?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of laws that differentiate between reportable sexual abuse and non-reportable consensual sex involving minors.

A. Call Child Protective Services.

B. Tell the parents.

C. Have a session with the sisters.

D. Find out if they are having intercourse.
Answer: Social workers should not engage in dual or multiple relationships with clients or former clients in which there is a risk of exploitation or potential harm to the client. In instances when dual or multiple relationships are unavoidable, social workers should take steps to protect clients and are responsible for setting clear, appropriate, and culturally sensitive boundaries.
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Question: *73. Audrey, age 32, comes into your office while her father, Carl, and her 4-year-old daughter Brittney stay in your waiting room. Audrey tells you that she recently lost her job after her car broke down. Now she and Brittney live with her father, Carl, and she asks, "Can I pay you when my 'ex' pays his overdue child support?" How would you manage the ethical issue of fees?

Content Area: Ethics: Business Practices and Policies
This questions test your knowledge of the ethics that pertain to fees, fee disclosure and fee management.

A. Review the fee policies outlined in your informed consent document.

B. Disclose your fee prior to providing therapy or as soon as practically possible.

C. If you see Audrey alone and her father is paying, explain that she must collect the fee from him and then pay you.

D. Discuss Audrey's request that you wait to be paid until the 'ex' pays his overdue child support.
Answer: -Counseling a friend, family member or someone known to the therapist - Providing individual therapy to two members of the same household
- Providing simultaneous individual and group therapy
- Entering a business relationship with a client
Entering a social relationship with a client
- Hiring a patient to do work for the therapist
- Bartering goods or services to pay for therapy
- Supporting the patient's isolation from social support systems - Increasing dependency on the therapist.
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Question: *74. A social worker wants to speak with a client's nurse practitioner and brings up the subject of signing a release in order to do so. As part of informed consent, a client begins asking the social worker what she will do with the release. The social worker should explain that:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to talk with clients about the impact of their signing a release authorization.

A. The release will expire in one year.

B. The client is entitled to receive a copy of the release.

C. The social worker will speak only with the person on the release.

D. The social worker will tell the client before speaking with the third party.
Answer: The California Business and Professional Code and the Civil Code (Section 43.93) discuss sexual relationships between of clients by therapists. In California, it is illegal for a psychotherapist to engage in sexual contact with a patient or former patient under any of the following circumstances: a. during therapy; b. within two years of termination of therapy; and c. by means of therapeutic deceptio
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Question: *75. You have been working at your agency for 8 months and you have observed a colleague using EMDR. You are very impressed with the results she is having. You read an article about EMDR in a professional magazine. You also register with an EMDR council on the Internet. You begin using this technique with your clients. In this instance:

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to assess your ability to treat a client within your scope of competence.

A. You may use this technique with your clients because you are registered on the Internet with the EMDR site.

B. This would be considered outside of your scope of practice.

C. Since you have studied the technique, it is ethical to practice with your clients.

D. This would be considered outside of your scope of competence.
Answer: -When a client accrues a large bill and cannot pay for services
-When a client who has previously paid in full for services now requires a sliding scale
-When there is a role change (e.g., an agency therapist is promoted to a non-clinical role)
-When the therapist does not see continued need for treatment When there is a lack of treatment progress
-When there is a threat to the clinician
-When a client's issues exceed the clinician's scope of competence
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Question: 76. John, 15, has lived with his father since his parents divorced. When expelled from school, his father brought him to you for counseling. The following week you get a call from Clara who identifies herself as John's mother. She says that her son needs to live with her if he is ever going to "be a better man than his father." Your initial step would be to:

Content Area: Law: Confidentiality, Privilege, and Consent
This test item addresses procedures to protect client confidentiality.

A. Get a release from John's father to talk to his mother.

B. Get a release signed by both John and his father.

C. Not disclose to John's mother that John is your client.

D. Invite John's mother to the next session.
Answer: Health insurance companies offering mental health benefits will be required to provide equal coverage of mental and physical illnesses.
requires health insurers to guarantee that the mental health and substance use benefits they offer are consistent with coverage offered for physical disorders or diseases.
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Question: 77. During the course of therapy, a very strong emotional bond develops between Rowene and her client, Artie. Three years after the therapy terminates, Rowene and Artie run into each other at a delicatessen and decide to share a pastrami sandwich. One thing leads to another and several dill pickles later, Rowene and Artie begin a sexual relationship. One year later they break up. Artie, hurt and vengeful, files a complaint with the BBS claiming Rowene engaged in an unethical dual relationship with Artie by virtue of the relationship they entered into after therapy. Regarding this claim, which of the following responses is true? Revocation of a LCSW's license after having been found to have engaged in sexual misconduct with a client would occur after:

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of legal and ethical standards involving post therapy sexual relationships.

A. Rowene violated neither legal nor ethical standards.

B. Rowene violated both legal and ethical standards.

C. Rowene violated the law, but not ethical standards.

D. Rowene violated ethical standards, but not the law.
Answer: California's statute mandates that health insurance plans offered in the state provide coverage for a list of nine mental health conditions: schizophrenia, schizoaffective disorder, bipolar disorder, major depression, panic disorder, obsessive- compulsive disorder, pervasive developmental disorder or autism, anorexia nervosa, and bulimia nervosa. The state law also has broader scope than the federal parity statutes, covering all group insurance plans as well as individual insurance plans.
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Question: 78. As a mental health professional, which of the following situations are you mandated to report?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question is asking for the situation that you are mandated to report.

A. Your 30-year-old female client is beating her husband and there are two young children in the home.

B. Your client tells you the elementary school swim instructor is molesting her nine-year-old son.

C. You have suspicions that your 63-year-old client is being beaten by her son-in-law.

D. Your severely depressed client tells you that she wants to die.
Answer: Request for domestic violence restraining order (DV-100) And the California telecommunications systems (CLETS) information form
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Question: *79. Two years and one day after terminating with your client, Bob, he calls you and says that he has extra tickets to the NBA playoff game tonight and would like to invite you to the game with him and his wife. Under what circumstances might it be ethically appropriate for you to accept?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge regarding dual relationships.

A. Under no circumstances, since a client is always a client and this could constitute a dual relationship.

B. Under all circumstances, since this post-therapeutic relationship would occur more than two years following termination of treatment.

C. If both you and the former client felt comfortable with meeting in this way.

D. If you were to obtain professional consultation to determine the reasonableness of this post-therapeutic relationship.
Answer: makes protection orders enforceable against state lines. If a victim believes that an order of protection has been violated, he or she should call police immediately. In many states, violators of protective orders are immediately arrested and jailed.
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Question: *80. You are treating a client who discloses that she has had sexual relations with all her prior therapists. You:

Content Area: Law: Legal Standards for Professional Practice. This question involves your legal responsibility in treating a client who has had sexual relations with prior therapists.

A. Consider a diagnosis of Borderline Personality Disorder.

B. Provide her with a copy of "Professional Therapy Never Includes Sex" and answer her questions about it.

C. Provide her with a copy of "Professional Therapy Never Includes Sex" and describe the laws prohibiting therapist sex with clients.

D. Contact the BBS and inform them of the client's reports.
Answer: Are community based services that assist and support parents in their role as caregivers
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Question: *81. Laurel, age 28, a corporate fund-raiser, and Marty, age 30, an electrician, are referred to you by Marty's E.A.P. Three weeks ago Marty witnessed the death by electrocution of a co-worker while they were working on a high-power utility line. Since then, Marty says he can't concentrate, is having nightmares, can't sleep, and finds himself reliving the incident over and over again. Laurel says Marty's problems are due to his drinking, not his co-worker's death. How would you handle the ethical responsibilities pertaining to boundaries?

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of how to manage boundaries.

A. Avoid membership in gyms or country clubs to which either Marty or Laurel belong.

B. Inform Marty how privilege works in case he is subpoenaed regarding the co-worker's death.

C. Have Marty sign a release so that you can speak to his E.A.P.

D. Set the fee before the first session.
Answer: Are short term, family focused and community based services designed to help families cope with significant stresses or problems that interfere with their ability to nurture their children
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Question: *82. A lesbian couple that you have been seeing asks you about Emotionally Focused Therapy. One of the partners tells you that she saw it on a daytime talk show and would like to see if it can help them. What should you NOT tell them if you feel competent to do this kind of therapy?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to ethically change the treatment plan, which requires informed consent from clients.

A. That you will need them to sign an agreement to change the treatment plan.

B. The risks and benefits of this type of therapy.

C. How you will help them determine new treatment goals that fit with EFT.

D. Your skills and experience in working with EFT.
Answer: Health insurance portability and accountability act 1996
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Question: *83. Who holds the privilege for a 14-year-old client in a custody case?

Content Area: Law: Confidentiality, Privilege, and Consent
This question reviews your knowledge of privilege.

A. The parents of the minor.

B. The lawyer overseeing the client's case.

C. The 14-year-old client.

D. The social worker.
Answer: Known as the administrative simplification (AS) provisions requires the establishment of national standards for electronic health care transactions and addresses the security and privacy of health data
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Question: *84. A family with a 16-year-old daughter and a 15-year-old son comes in to see you. The siblings are of equal height and build. The parents report that they have been referred to you by the school counselor because of the children's frequent squabbles. You discover they both have hit the other hard enough to give each other black eyes. You would:

Content Area: Law: Limits to Confidentiality/Mandated Reporting. The question relates to reporting requirements for sibling abuse.

A. Set up a strict policy of no hitting; teach anger management skills to both siblings; and instruct the parents on recognizing the warning signs that lead to the children's violence.

B. Report the incidents to a children's protective agency.

C. Inform the parents that if they don't contain the violence, you will report the incident to a children's protective agency.

D. Take steps to contain the violence. Since the violence is between siblings that are close in age and evenly matched, it is not reportable since it is a mutual affray between minors.
Answer: Portability standards that ensure the continuity of healthcare
1.Privacy standards that govern the disclosure of protected health information
2. Security standards that protect the development and maintenance of health
information
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Question: *85. The juvenile court refers a family to you. The 14-year-old son has been found guilty of vandalism and recently tested positive for using marijuana. The parents say the boy's friends are to blame, and they want your help to convince the court that their son was a victim of these older boys pressuring and threatening him. Ethically you:

Content Area: Ethics: Therapeutic Relationship/Services
This question assesses your knowledge of how to act in an ethical manner with a client who has been referred by the juvenile court.

A. Would explain that you need a release from the parents to communicate to the court.

B. Could tell the court what the parents have told you.

C. Must consult with the boy's attorney so that you remain in your scope of competence.

D. Make a child abuse report concerning the older boys' threats.
Answer: 1. Limits the ability of a new employer plan to exclude coverage for preexisting conditions
2. Provides individuals with the opportunity to enroll in a group health plan if they lose other coverage or experience certain life events
3. Prohibits discrimination against employees and their dependent family members based on any health factors they may have, including prior medical conditions, previous claims experience, and genetic information
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Question: 86. Your client of six months, Dale, who was referred to you by her wheelchair aerobics instructor, comes to session with her 16-year old daughter Natasha. Dale is worried about abrupt changes in Natasha who has suddenly become argumentative and secretive. Natasha continues, "I'm sick and tired of helping her get to the bathroom. I want to be out with my friends." How would you manage your ethical obligations as they pertain to diversity?

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of how to incorporate diversity issues into the therapy from an ethical perspective.

A. Educate yourself on the psychosocial impact of being in a wheelchair.

B. Refer Dale to a support group for mothers in wheelchairs.

C. Join with the family by acknowledging similarities between Dale and Natasha.

D. Construct equipment, redesign entrances, or otherwise provide adequate wheelchair accessibility to your office.
Answer: Under HIPAA, a plan is allowed to look back only 6 months for a condition that was present before the start of coverage in a group health plan. The law says that a preexisting condition exclusion can be imposed on a condition only if medical advice, diagnosis, care, or treatment was recommended or received during the 6 months prior to that individual's enrollment date in the plan.
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Question: 87. Due to economic constraints, Robert has decided to broaden his practice and is willing to accept types of clients with whom he has not previously worked. Which ethical principle best characterizes what he should do? Robert should:

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of scope of competence.

A. Only accept referrals within his scope of competence.

B. Accept all referrals and get proper consultation and training as necessary.

C. Not accept any referrals outside of his experience.

D. Not accept any referrals for which he has had no formal training.
Answer: Protected health information is any information about health status, provision of health care, or payment for health care that can be connected to a person
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Question: *88. John is a client whom you referred to a psychiatrist for an evaluation. He was reluctant to go because he has a history of steroid abuse that he does not like to talk about. He was given a prescription for SSRIs to alleviate his depression that he has been taking for six months. John comes to session this week and tells you that he has stopped taking the medication. You would:

Content Area: Law: Legal Standards for Professional Practice. This question focuses on the issue of scope of practice.

A. Ensure that John takes the medication.

B. Educate John about the impact of terminating the antidepressant medication.

C. Refer John back to the prescribing psychiatrist.

D. Explore the reasons for John's refusal and suggest that another antidepressant might be more appropriate.
Answer: Any information about a person's past, present or future mental health status
Names
All client address information other than their state of residence
Dates (except year) related to an individual, including birth date, admission date,
discharge date
Client phone or fax numbers
E-mail address
Social Security numbers
Client photographs
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Question: *89. Michelle, a 52-year-old car saleswoman, has been seeing you for individual counseling. She has a history of stormy relationships and affairs with married men. In one session, after discussing her tendency to avoid intimacy with any one man by juggling too many men at once, she tells you she's been seeing another therapist on the side. Ethically you:

Content Area: Ethics: Therapeutic Relationship/Services
This item reviews the ethics of a client having two separate therapists.

A. Tell her it is unethical to have two therapists and encourage her to pick between you and the other therapist.

B. Tell her it is unethical, and you can't see her again until she terminates with the other therapist.

C. Explore the similarity between what she is doing in her relationships and with her therapy.

D. Ask her what her goals have been with the other therapist and request a release to speak with that therapist.
Answer: A key component of HIPAA is the Privacy Rule. The HIPAA Privacy Rule creates national standards to protect individuals' medical records and other personal health information.
1. It sets boundaries on the use and release of health records.
2. It enables clients to find out how information may be used, and about certain disclosures of their information that have been made.
3. It gives patients the right to examine and obtain a copy of their health records and to request corrections if data is incorrect.
4. It establishes appropriate safeguards that health care providers and others must achieve to protect the privacy of health information.
5. It enforces civil and criminal penalties if there is a violation of clients' privacy rights
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Question: *90. Cynthia, a 42-year-old, divorced mother of two children, is your client. She has been seeing you to work on overwhelming feelings of anxiety. Her children are being seen in therapy by a well-respected child psychologist to deal with the upset of the divorce. Her husband is suing her for custody of the children. You have been contacted by his lawyer who has subpoenaed your records. You would:

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of your legal obligations as they pertain to privilege.

A. Release your records.

B. Tell the lawyer you refuse to release Cynthia's records.

C. Release only a summary of your records.

D. Call your client.
Answer: If you are an individual mental health provider or work for a hospital, health plan or health care clearinghouse that transmits information electronically you are affected by HIPAA.
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Question: *91. Your client, Janet, 25 years old, reports being tired all the time, spending less time doing activities that she used to enjoy and crying often for no apparent reason. Janet reports losing weight and spending less time with family and friends. You assess for suicide and judge the risk to be low. You may use all of the following interventions, EXCEPT:

Content Area: Law: Confidentiality, Privilege, and Consent
This question assesses your understanding of interventions used with suicidal clients.

A. Talk with Janet about the problems in her life and her lack of interest.

B. Mobilize external and internal resources.

C. Suggest Janet take anti-depressants.

D. Offer empathy and emotional support and contracting for ongoing contact with you as necessary.
Answer: The term "covered entity," includes any mental health provider who submits billing information to managed care companies or other third parties. Please note that if there is even a single electronic transmission to an insurance carrier or other third party, the HIPAA requirement states that you must immediately become compliant with all guidelines
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Question: 92. Cheryl and Bobby are in a joint private practice. Cheryl is concerned that Bobby is becoming burned out but Bobby won't reduce his caseload. Cheryl tells Bobby that she won't make any more referrals to Bobby. If Bobby decides to get some outside support, he is ethically managing his:

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of different ethical principles.

A. Scope of competence.

B. Counter-transference.

C. Dual relationship.

D. Scope of practice.
Answer: --If access is reasonably likely to endanger the life or physical safety of the individual or another person
--The PHI refers to another person (except for a health care provider) and access is reasonably likely to cause substantial harm to that person; or
--If PHI is created during research, the access to PHI may be temporarily suspended if the individual is notified in advance
--If the PHI was obtained from someone other than a health care provider under a promise of confidentiality and the access requested would reveal the source of the information
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Question: 93. You are a social worker at a private agency funded by a religious charitable organization. You are assigned to work with a couple that initially reported communication problems. You explain the limits of confidentiality and your "no secrets" policy at the first session. After the first session, you receive a message on your voicemail from the wife that says her husband has been physically abusing her. What is the most ethical course of action?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of the ethical management of your "no secrets" policy.

A. Call the wife and remind her of your "no secrets" policy, and that you will disclose her message to the husband at their next session.

B. Call the wife and remind her of your "no secrets" policy, and that you expect her to disclose her message to the husband at their next session.

C. Waive your "no secrets" policy and assess for physical abuse at the next session by interviewing the couple separately.

D. Waive your "no secrets" policy and call the wife to assess whether she is currently in danger.
Answer: ---When the minor is the one who consents to care and the consent of the parent is not required under State or other applicable law.
--When the minor obtains care at the direction of a court or a person appointed by the court.
---When, and to the extent that, the parent agrees that the minor and the health care provider may have a confidential relationship.
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Question: *94. Karen has been a client of yours for almost six months. One day when you are in church you notice that Karen's name is in the church bulletin welcoming her as a new member of the congregation. You doubt that she knew you went to this church. You should:

Content Area: Ethics: Business Practices and Policies
This question reviews your knowledge of dual relationship protocol.

A. Leave the congregation.

B. Tell the client she needs to join a different congregation.

C. Stay in the congregation but avoid direct social interactions.

D. Review dual relationships with your client, and healthy client-social worker boundaries.
Answer: Notes recorded in any medium by a mental Heath professional documenting or analyzing the contents of conversation during a private counseling session
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Question: 95. Your client just found out that her identity has been stolen on the internet and she is worried that whoever stole her identity will also know that she was in therapy from the online bills and emails she paid to you, her social worker. What should you do to fulfill your scope of competence obligations?

Content Area: Ethics: Business Practices and Policies
This question relates to general scope of competence issues-any issue related to your ability to provide treatment in a competent manner.

A. Maintain computer security, i.e. firewalls, passwords, etc.

B. Refer the client to a new mental health professional.

C. Destroy records in a confidential manner.

D. Assure that you are competent to provide internet therapy.
Answer: Requires mental health providers to anticipate threats to, or inappropriate uses of confidential information. It only applies to electronic protected health information or ephi
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Question: 96. Which of the following people CANNOT initiate a 5150?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge about initiating a 5150 (an involuntary 72-hour-hold). Initiating a 5150 is making the request for a formal 5150 evaluation to take place.

A. A parent.

B. A social worker.

C. A paramedic.

D. A 17-year-old client.
Answer: Health care claims
Health care payment and remittance advice
Electronic requests for coordination of benefits
Electronic treatment request forms
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Question: *97. The court sends Sue and Jerry to you for marital counseling after a domestic violence incident. A month after the referral, the court requests a report on the couple's attendance and progress. You:

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of how to respond to a court request.

A. Can inform the court of the couple's attendance, but not progress without a written release signed by Sue or Jerry.

B. Should assert privilege on behalf of the couple.

C. Need a written release signed by both Sue and Jerry before you can communicate with the court.

D. Cannot assert privilege on behalf of the couple.
Answer: 1.HIPAA standards apply to protected health information: "information about health status, provision of health care, or payment for health care that can be connected to a person." This broadly includes any part of a client's medical record or payment history.
2. HIPAA sets boundaries on the use and release of health records.
3. HIPAA patients the right to examine and obtain a copy of their own health records and request corrections.
4. It establishes appropriate safeguards that health care providers and others must achieve to protect the privacy of health information.
5. Providers must notify clients about their privacy rights and how their information can be used.
6. Mental health practitioners must adopt and implement privacy procedures
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Question: 98. You just received a referral from a local psychiatrist. The client suffers from a severe psychotic disorder and must take psychotropic medications. You have never treated anyone with a chronic mental illness in your private practice before so you must:

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of standards for ethical client treatment.

A. Consider whether you have the appropriate education, training and experience to accept this case. Also, look at the client's goals for coming to see you.

B. Let the doctor know you appreciate the referral, but you are out of your scope of practice in taking on this particular client.

C. Find a supervisor to assist and guide you in working with this client so that you are covered legally.

D. Tell the doctor that you would like to take this case and are prepared to research this diagnosis and work closely with him so that you might effectively treat the client and expand your capabilities as a clinician.
Answer: Text based forms of communication include email chat rooms text messages and listservs. Forms of communication that aren't text based include telephone and videoconferencing
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Question: *99. A social worker receives a phone call from a young woman who asks if they can talk before she makes an appointment. In an initial phone call, the woman introduces herself and asks how long you have been a social worker. Missie tells you that she is depressed and that there is no pleasure or joy in anything she does. She doesn't have a lot of time or a lot of money but wants to know if you can help her to feel better. What is the social worker's obligation?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of ethical obligations.

A. Tell her how long you have been licensed and how many clients you have.

B. Ask her how many sessions she can afford and use a therapy model that suits her needs.

C. Before making her a client, perform informed consent about what to expect from therapy.

D. Evaluate the seriousness of her depression to determine if you can treat her.
Answer: Synchronous communication is most easily facilitated through instant messaging, chat rooms, telephone, and videoconference. Synchronous communication provides immediate feedback, since both the practitioner and client are engaged in conversation during the same time frame
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Question: 100. A client that you treated 3 years ago terminated when her therapy goals had been reached and she was ready. Which of the following would be legally required if this client returned to therapy with you at a new office?

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of legal requirements when starting therapy.

A. Tell her if you have raised your fees.

B. Tell her that you must make referrals if her needs are out of your scope of competence.

C. You must open a separate file.

D. She must sign a new release authorization since they expire after one year.
Answer: Asynchronous communication allows for correspondence without simultaneous connection (Maheu, et al., 2005). Examples include postal mail, e-mail, facsimile, and voicemail. These forms of contact generally do not allow for immediate feedback or a consistent flow of conversatio
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Question: *101. In making a referral for a lesbian couple dealing with domestic violence issues, the social worker should:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your sensitivity to human diversity issues.

A. Refer them to a social worker who has experience with domestic violence issues.

B. Not consider their sexual orientation since this is irrelevant to the domestic violence issues.

C. Refer them to a lesbian social worker.

D. Refer them to a gay and lesbian community center.
Answer: --The treatment process or procedure
--Benefits associated with the treatment or procedure;
--- Risks associated with the treatment procedure;
--Actions taken to prevent client risk
-- Procedures for emergencies.
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Question: 102. You have assessed a chronically depressed client for suicidal tendencies and determined the person to be at high-risk. You are:

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of the law pertaining to suicidal clients.

A. Legally bound to report.

C. Legally responsible to intervene.

D. Not responsible in any way as the client has a right to make his/her own decision.
Answer: to prevent hackers from accessing patient records and to prevent computer viruses from corrupting electronic data (Zack, 2004). Several different security options are available to practitioners and clients for maintaining a secure computer network. For a licensed therapist practicing E-therapy, experts recommend securing clients' electronic records by utilizing password protection programs, computer network firewalls, wiping software, and document encryption.
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Question: 103. You have been seeing Shelly, 54, for two years. During one session, Shelly expresses the wish that the two of you could get together for coffee, since she likes you as a person, and she has been feeling very lonely lately. You would:

Content Area: Ethics: Professional Competence and Preventing Harm. This question assesses your knowledge of the impact of the therapeutic relationship on a client and the necessity to review the relationship with a client on occasion.

A. Discuss with Shelly the nature of the therapeutic relationship and explore her feelings and assumptions.

B. Agree to conduct therapy while the two of you walk in the neighborhood around your office.

C. Give Shelly homework to ask a friend to go out for coffee.

D. Inform Shelly that going out for coffee is a boundary violation, and that you would not think of violating this boundary.
Answer: Medicare deemed online videoconference billable in October 2001
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Question: 104. A 6-year-old child has been brought in by his mother for counseling. She wants you to explain to him why he is in therapy because she feels like she doesn't have the right words, and it could scare him. How do you handle obtaining consent for the child?

Content Area: Law: Confidentiality, Privilege, and Consent
This question concerns consent to treat a minor and custody.

A. If the parents are divorced, review the custody papers. Joint custody means both parents must consent.

B. Determine the marital status of the family. If the parents are still married, then both must consent.

C. If the parents are divorced, review the custody papers. Determine whether one or both parents must consent.

D. If the parents are divorced, review the custody papers. Either parent may consent if they are the biological parent.
Answer: provides several means for reducing medical errors, such as:
1) Establishing a national focus to create leadership, research, tools, and protocols to enhance the knowledge base about safety;
2) Identifying and learning from errors by developing a nationwide public mandatory reporting system and by encouraging health care organizations and practitioners to develop and participate in voluntary reporting systems;
3) Raising performance standards and expectations for improvements in safety through the actions of oversight organizations, professional groups, and group purchasers of health care, and
4) Implementing safety systems in health care organizations to en-sure safe practices at the delivery level.
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Question: *105. A social worker has been treating Mikey, age 12, for the last 8 months. He has been dealing with feelings of depression and tells you that he is not doing well in school. He tells you that his parents recently filed for divorce, and he does not know with which parent he wants to live. A few weeks later, you receive a call from an attorney who tells you that she was appointed to represent Mikey in the divorce proceedings. She is requesting a copy of your records. How do you respond in this situation?

Content Area: Ethics: Therapeutic Relationship/Services
This question involves legal and ethical issues related to the release of clinical records.

A. Having determined that the lawyer is the child's counsel, you would release your clinical records to her, and tell your client that you are doing so.

B. Ask Mikey if he would sign a release to allow you to release the records to the attorney because ethically, you must act in his best interests.

C. Release records with both parents' authorization if it is in Mikey's best interests to do so.

D. Do not speak with the attorney because your client's confidentiality is the more important ethical obligation in this instance.
Answer: Professionals make mistakes such as incorrectly diagnosis someone
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Question: *106. A couple is in sex therapy. The sex therapy has focused on differences in their sexual desires. As they begin to make progress, one of the partners asks if they can come every other week, and if they do, if they can they pay a lower fee. What is your legal obligation?

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of how to legally negotiate fees.

A. Discuss a new fee arrangement before changing the fee.

B. Document a new fee arrangement in your files.

C. Refer the client to a lower-fee therapist.

D. Self-assess any counter-transference that causes you to feel manipulated.
Answer: When the clinician fails to act in someway
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Question: *107. Chong-Wook and Dae-Sup, a Korean-American couple in their mid-thirties who work as computer programmers, come into your office with their six-year-old adopted son, Chin-Hae. Chin-Hae's school counselor referred them to you. During the session, Chin-Hae appears restless and interrupts frequently. Chong-Wook's speech sounds slurred, and he says that he can hardly wait until Chin-Hae is in bed each night, so that he can drink some sho-chu to unwind. Chong-Wook tells you that "the fee won't be a problem, the fee is covered under the overall adoption agreement." What are your ethical obligations?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of ethical obligations.

A. Determine the family's understanding of the purpose of the therapy.

B. Determine the identified patient and tell Chong-Wook and Dae-Sup the fee before the first session.

C. Determine the identified patient and refer to a pediatrician.

D. Tell Chong-Wook and Dae-Sup the fee at the first session, and explain that you may need to consult with the school counselor and adoption agency.
Answer: Unexpected occurrences involving death or serious physical or psychological injury or the risk thereof
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Question: 108. Veronica, a 29-year-old coffee store manager, is in counseling because she is very depressed. She reports that she only works and sleeps and has no hope of things improving. She frequently says, "Dying is the only way out." The case of Bellah v. Greenson would compel you to:

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of the legal parameters when a client is suicidal.

A. Initiate a 5150.

C. Take reasonable steps to ensure her safety.

D. Contact friends for a 24-hour watch.
Answer: Suggests that should event recur it would carry a significant chance of an adverse outcome
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Question: 109. Your client, Barbara, has been unemployed for three months. In her last session she stated that she plans to kill her ex-boss tomorrow because he's the cause of all her unhappiness. You call the police to alert them to Barbara's plan, but they don't seem to take you seriously because there isn't a weapon involved. The officer on the phone tells you not to worry about it. Given your responsibilities under the Tarasoff ruling, you would:

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question involves a Tarasoff situation.

A. Document your phone call outlining your concerns and justifying your actions in order to cover your liability.

B. Have Barbara come in immediately for crisis counseling.

C. Call Barbara's ex-boss and warn him of her plan.

D. Call Barbara and find out if she has a gun so you can tell the police.
Answer: What happened
Why did it happen
What to do to prevent it happening again
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Question: 110. A social worker works for a managed care panel and receives most of her clients by referrals from the managed care company. A client comes for a first session, and the social worker realizes that the client has treatment expectations that are out of her scope of competence. What should the social worker do?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to manage your ethical and legal obligations when a client is out of your scope of competence.

A. Speak with the insurance company about her scope of competence.

B. Refer the client back to the insurance company.

C. Refer the client to a colleague who can meet his needs.

D. Collect the co-pay but do not bill for the session.
Answer: Physical cause
Human cause
Organizational cause
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Question: 111. You have been seeing a 22-year-old gay client for two years and treating him for depression. You get a call from his partner informing you that your client has committed suicide. Your best course of action would be to:

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of confidentiality issues after the death of a client.

A. Inquire as to whether the partner has legal authority regarding the disposal of your client's records.

B. Offer to take the partner as a client to help him process his feelings of grief and loss.

C. Hire an attorney regarding the suicide and make sure your notes on treating your client's depression are up to date.

D. Maintain confidentiality and retain the client's files for 7 years.
Answer: Tangible causes such as material items failing in some way. An example of this would be if a psychiatric medication caused an adverse reaction
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Question: *112. A client you have been treating, who is also a social worker, says that she was contacted by a program coordinator of a local PTA to give a talk on the emotional effects of earthquakes on children. She does not feel qualified to give the talk. Knowing that this is an area of expertise that you have, she inquires if you would be interested in doing this. What would be your response to this situation?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of dual relationships.

A. You indicate to your client that she can give your number to the program coordinator.

B. You thank her for thinking of you, but you refuse the offer to avoid a dual relationship.

C. You tell her that you are interested and ask her to set up a meeting between you and the program coordinator.

D. You wait until you terminate therapy and then remind your former client of her previous offer.
Answer: People did something wrong or did not do something that was needed. An example of this would be a therapist failing to take precautions to ensure the safety of a suicidal patient
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Question: 113. Darius is a psychoanalytically-oriented social worker who prefers to be a "blank screen" and who, as a matter of theoretical orientation, prefers not to disclose personal information. When his clients ask him about his experience, education, training, or his ideas about the therapeutic process, Darius finds ways to avoid answering their questions. This way of handling client questions is:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of ethical standards related to informed consent.

A. Contrary to the spirit and intent of ethical standards.

B. Ethically appropriate but legally questionable.

C. More in tune with postmodern approaches to therapy.

D. A questionable application of psychoanalytic theory.
Answer: A system, process, or policy that people use to make decisions or do their work is defective. An example of this would be an organization policy that delays the reporting of child or elder abuse
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Question: *114. You have been seeing Jill and Dan, a couple in their mid-30s, for 2 months. Dan's insurance has been paying a portion of their therapy. Dan informs you that he has been laid off from his job and is looking for work. The two complain of their finances. Jill works from home, running her own catering business. The couple would like to continue seeing you and ask if Jill could trade some services for their therapy. How would you handle this request?

Content Area: Ethics: Business Practices and Policies
This question asks you to choose the best way to proceed in a situation in which your client wants to barter for therapeutic services. A potential dual relationship is involved.

A. Inform them that it would be unethical and help them find a way to pay for continued therapy.

B. Acknowledge their struggle and accept the arrangement.

C. Refer them to a financial counselor and discontinue therapy.

D. Refer them to a couples' support group.
Answer: 4.01 Competence
(a) Social workers should accept responsibility or employment only on the basis of existing competence or the intention to acquire the necessary competence.
(b) Social workers should strive to become and remain proficient in professional practice and the performance of professional functions. Social workers should critically examine and keep current with emerging knowledge relevant to social work. Social workers should routinely review the professional literature and participate in continuing education relevant to social work practice and social work ethics.
(c) Social workers should base practice on recognized knowledge, including empirically based knowledge, relevant to social work and social work ethics.
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Question: 115. Which of the following is NOT a type of dependent adult and elder abuse?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of the parameters of elder and dependent adult abuse.

A. Abandonment.

B. Self-harm behavior.

C. Isolation.

D. Abduction.
Answer: 4.05 Impairment
(a) Social workers should not allow their own personal problems, psychosocial distress, legal problems, substance abuse, or mental health difficulties to interfere with their professional judgment and performance or to jeopardize the best interests of people for whom they have a professional responsibility.
(b) Social workers whose personal problems, psychosocial distress, legal problems, substance abuse, or mental health difficulties interfere with their professional judgment and performance should immediately seek consultation and take appropriate remedial action by seeking professional help, making adjustments in workload, terminating practice, or taking any other steps necessary to protect clients and others.
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Question: 116. A therapist who takes a Narrative approach begins to explain the risks and benefits of therapy. The client asks if this is part of the therapy, and the therapist agrees that it is. The therapist then asks the client, "what do you understand about how therapy is 'supposed' to be?" From an ethical standpoint, the therapist is:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of ethical conceptualizations of interventions.

A. Deconstructing the client's dominant discourse.

B. Providing informed consent.

C. Avoiding cultural bias.

D. Externalizing the client's ideas about therapy.
Answer: 1.05 cultural competence and social diversity
A)Social workers should understand culture and its function in human behavior and society, recognizing the strengths that exist in all cultures.
(b) Social workers should have a knowledge base of their clients' cultures and be able to demonstrate competence in the provision of services that are sensitive to clients' cultures and to differences among people and cultural groups.
(c) Social workers should obtain education about and seek to understand the nature of social diversity and oppression with respect to race, ethnicity, national origin, color, sex, sexual orientation, gender identity or expression, age, marital status, political belief, religion, immigration status, and mental or physical disability.
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Question: *117. You recently get a new, male client who is visually impaired. You've never worked with a client with a physical disability and are feeling a little uncomfortable with the client when he is sitting in the room. What is the best way to handle your discomfort?

A. Let the client know of your discomfort and ask if he would prefer a different therapist.

B. Consult with professional peers regarding your discomfort.

C. Deal with your counter-transference in your own therapy.

D. Do research on blindness to help you with an understanding of your client's needs.
Answer: Social workers should avoid unwarranted negative criticism of colleagues in communications with clients or with other professionals. Unwarranted negative criticism may include demeaning comments that refer to colleagues' level of competence or to individuals' attributes such as race, ethnicity, national origin, color, sex, sexual orientation, gender identity or expression, age, marital status, political belief, religion, immigration status, and mental or physical disability
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Question: 118. When you check your messages you find a message from an emergency room doctor who says that he is treating a man who overdosed, and that this man had your business card in his pocket. You recognize the name as a client you have been treating, and whom you know has a history of substance abuse. The doctor wants information from you. How would you proceed?

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge about when a mental health worker may speak to a medical professional regarding a client.

A. Tell the doctor you will need him to fax a release authorization signed by the client in order to speak to him.

B. Give the doctor the information he needs.

C. Do not acknowledge that you know the man.

D. Do not return the phone call.
Answer: Social workers should not practice, condone, facilitate, or collaborate with any form of discrimination on the basis of race, ethnicity, national origin, color, sex, sexual orientation, gender identity or expression, age, marital status, political belief, religion, immigration status, or mental or physical disability.
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Question: *119. Your 15-year-old client is using a false email and social network page to bully other students at school. He tells you he does it so that the school won't catch him. He is in therapy with the consent of his parents, and you have a release to speak with the school. If the school calls, and you decide to speak with the school, how do you fulfill your ethical obligations for informed consent?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to manage a breach of confidentiality in an ethical way.

A. Only disclose information pertinent to the school's questions.

B. Tell his parents that you plan to speak with the school before doing so.

C. Tell the client what you plan to tell the school.

D. Speak to his parents before you talk to the school.
Answer: Social workers should act to prevent and eliminate domination of, exploitation of, and discrimination against any person, group, or class on the basis that of race, ethnicity, national origin, color, sex,sexual orientation, gender identity or expression, age, marital status, political belief, religion, immigration status, or mental or physical disability.
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Question: *120. You have been treating Anita for three sessions for depression and relationship issues. You are considering a diagnosis of Major Depression and other DSM-5 diagnoses. You are not sure which is appropriate yet. Legally:

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of how to work within your scope of practice.

A. Do not treat the client unless your advertising indicates that you have expertise with depression or mood disorders.

B. Consider whether it is in your scope of competence to work with depressive disorders.

C. Change the diagnosis when you have confirmed it on any insurance forms.

D. Do not submit insurance billing until you have confirmed a diagnosis.
Answer: Social workers should provide services to clients only in the context of a professional relationship based, when appropriate, on valid informed consent. Social workers should use clear and understandable language to inform clients of the purpose of the services, risks related to the services, limits to services because of the requirements of a third-party payer, relevant costs, reasonable alternatives, clients' right to refuse or withdraw consent, and the time frame covered by the consent. Social workers should provide clients with an opportunity to ask questions.
(b) In instances when clients are not literate or have difficulty understanding the primary language used in the practice setting, social workers should take steps to ensure clients' comprehension. This may include providing clients with a detailed verbal explanation or arranging for a qualified interpreter or translator whenever possible.
(c) In instances when clients lack the capacity to provide informed consent, social workers should protect clients' interests by seeking permission from an appropriate third party, informing clients consistent with the clients' level of understanding. In such instances social workers should seek to ensure that the third party acts in a manner consistent with clients' wishes and interests. Social workers should take reasonable steps to enhance such clients' ability to give informed consent.
(d) In instances when clients are receiving services involuntarily, social workers should provide information about the nature and extent of services and about the extent of clients' right to refuse service.
(e) Social workers who provide services via electronic media (such as computer, telephone, radio, and television) should inform recipients of the limitations and risks associated with such services.
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Question: 121. A client gives you a small basket of homemade muffins as a gesture of appreciation. You:

Content Area: Ethics: Business Practices and Policies
This item assesses the ethical protocol in accepting/declining gifts from clients.

A. Decline the muffins and explain that ethical social workers don't accept gifts from clients.

B. Refuse or accept the gift based on cultural considerations and the meaning of gift giving in the client's culture-of-origin.

C. Accept the gift and explore what it means for her to give you the muffins.

D. Accept the gift in the spirit in which it was intended and move on.

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Question: *122. During a 5th session with a client, Keesterman realizes the client is dating his daughter. How should Keesterman proceed?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge about how to proceed when an ethical conflict develops during the process of therapy.

A. Refer the client to another therapist and disclose the reasons.

B. Disclose to the client the ethical conflict and discuss whether to continue treatment or refer to another therapist.

C. Continue treatment to avoid abandoning the client.

D. Terminate treatment and do not disclose the reasons.
Answer: ---Portability standards that ensure the continuity of healthcare
--Privacy standards that govern the disclosure of protected health
information
--Security standards that protect the development and maintenance of
health information
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Question: *123. Parents of 7-year-old Todd bring him in because he told them an older kid at school pulled his pants down in the boy's bathroom and laughed at him. They tell you that they also found harassing texts on their son's cell phone from the same kid and some others. The parents demand that you evaluate Todd for mental anguish because they want to sue the school for allowing bullying on its premises. Legally, the social worker should:

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question probes your knowledge of the clinical and legal consequences of bringing one's mental status into a legal proceeding.

A. Identify this as a form of sexual harassment but process it as child abuse.

B. Advise the parents to try talking with the school's representatives before proceeding with any legal action.

C. Tell them that using their son's "mental anguish" in a lawsuit could compromise their confidentiality in therapy.

D. Consider making a report to an agency designated to receive a child abuse report within 24 hours by phone and within 48 hours in writing.
Answer: The HIPAA Privacy Rule creates national standards to protect individuals' medical records and other personal health information.
It sets boundaries on the use and release of health records.
It gives patients the right to examine and obtain a copy of their health records and to request corrections if data is incorrect.
Clients needed to be notified about privacy practices during first session
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Question: 124. A social worker is seeing a couple on a sliding fee basis. They are having difficulty paying at this rate. When the social worker goes out to the waiting room, she discovers a cashmere sweater with a note pinned to it. The note says, "Don't tell my wife about this." What should the social worker do about this?

Content Area: Ethics: Therapeutic Relationship/Services
This question pertains to the issues of secrets, dual relationships, and appropriate means of payment for therapy.

A. Thank him for the sweater and tell his wife.

B. Thank him for the sweater and not tell his wife.

C. Return the sweater and encourage the man to bring it up in session.

D. Return the sweater and maintain the man's confidentiality.
Answer: B. Social workers may disclose confidential information when appropriate with valid consent from a client or a person legally authorized to consent on behalf of a client.
(c) Social workers should protect the confidentiality of all information obtained in the course of professional service, except for compelling professional reasons. The general expectation that social workers will keep information confidential does not apply when disclosure is necessary to prevent serious, foreseeable, and imminent harm to a client or other identifiable person. In all instances, social workers should disclose the least amount of confidential information necessary to achieve the desired purpose; only information that is directly relevant to the purpose for which the disclosure is made should be revealed. information germane to the purpose for which the communication is made.
(d) Social workers should inform clients, to the extent possible, about the disclosure of confidential information and the potential consequences, when feasible before the disclosure is made. This applies whether social workers disclose confidential information on the basis of a legal requirement or client consent.
I. Social workers should protect the confidentiality of clients' written and electronic records and other sensitive information. Social workers should take reasonable steps to ensure that clients' records are stored in a secure location and that clients' records are not available to others who are not authorized to have access.
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Question: *125. Some clients are referred to social workers by other helping agencies and collaboration advances client welfare. Your new client tells you that she signed a release with the agency that referred her to you. You ask her to sign your release as well. Which of the following must appear on the release?

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of the legally required elements of release authorization.

A. A "Notice of Privacy Practices" if the client is a "covered entity" under HIPAA.

B. Notification to the person signing the agreement that they have a right to receive a copy of it.

C. It must include an expiration date established by the client.

D. It must state the client's diagnosis and reason for approving the release authorization.
Answer: 1.04 Competence
(c) When generally recognized standards do not exist with respect to an emerging area of practice, social workers should exercise careful judgment and take responsible steps (including appropriate education, research, training, consultation, and supervision) to ensure the competence of their work and to protect clients from harm.
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Question: *126. You are working as an associate therapist at a non-profit agency. As part of your treatment, you collaborated with a psychologist and conducted some assessment inventories to evaluate your client's progress. Your client asks you how she scored on her depression test after being in therapy for six months. Your ethical responsibility in this case would be to:

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of how to clinically and ethically discuss assessment tests with clients.

A. Inform her of the results in language she can understand.

B. Give her a copy of every test she completed with a summary of scores.

C. Evaluate if telling her the test scores will disrupt the therapy.

D. Explain to her that she has the right to decline an assessment.
Answer: a) When setting fees, social workers should ensure that the fees are fair, reasonable, and commensurate with the services performed. Consideration should be given to clients' ability to pay.
B. Social workers should take reasonable steps to avoid abandoning clients who are still in need of services. Social workers should withdraw services precipitously only under unusual circumstances, giving careful consideration to all factors in the situation and taking care to minimize possible adverse effects. Social workers should assist in making appropriate arrangements for continuation of services when necessary.
(c) Social workers in fee-for-service settings may terminate services to clients who are not paying an overdue balance if the financial contractual arrangements have been made clear to the client, if the client does not pose an imminent danger to self or others, and if the clinical and other consequences of the current nonpayment have been addressed and discussed with the client.
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Question: 127. A social worker is surprised to learn in session that a client did a "google" search and found out that the social worker has another job in another field. The social worker is also a personal trainer and yoga teacher. The client asks which career the social worker likes better and says that she always wanted to try yoga. The social worker feels like the client is interrogating her and is concerned that the client may show up in a yoga class. How should the social worker proceed?

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to manage possible dual relationships and the ethics of having a digital and social media presence.

A. Address any counter-transference about the potential dual relationship.

B. Block the client from the website that allows people to enroll in the yoga class.

C. Talk with the client about the risks of dual relationships.

D. Tell the client that you would prefer to know in advance if a client is doing a search, and that you will also tell the client in advance if you search them on the internet.
Answer: Self- determination
Informed consent
Preserving professional boundaries
Safeguarding confidentiality
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Question: *128. A professional couple, who moved here from India two years ago, begins therapy with you. You know little about their culture. In your work together you:

Content Area: Ethics: Therapeutic Relationship/Services
This question ascertains your knowledge of cross-cultural issues.

A. Ask them to educate you about important differences and to tell you how these relate to their presenting problem.

B. Do your own research on upper-class Indians to have a better understanding of your clients.

C. Ask them if they feel comfortable working with you since you are unfamiliar with their native culture.

D. Recommend an Indian therapist who will better understand their concerns.
Answer: What an ordinary reasonable and prudent professional with the same or similar training would have done under the same or similar circumstances
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Question: 129. A social worker told a colleague how she had bartered with a client, exchanging therapy for having her office painted. How should the social worker who received this information respond?

Content Area: Ethics: Business Practices and Policies
This question looks at your familiarity with dual relationships and the appropriate response to a colleague exhibiting poor boundaries.

A. Report to the BBS.

B. Report to an ethics committee.

C. Tell the colleague that her actions violate ethical standards.

D. Do nothing because there is no reporting requirement for this type of situation.
Answer: If parents are the one who consented to therapy they have the right to clinical records
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Question: *130. An 18-year-old woman named Claire, states in her first session that she's thrilled to be out of her home and to be away from "that monster of a father," whom she says sexually abused her since she was 15. She tells you she has a two younger siblings who still live at home. What is your legal obligation?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question assesses your knowledge of legal obligations surrounding confidentiality.

A. Maintain confidentiality.

B. File a child abuse report for the abuse that Claire suffered since 15.

C. File a report with CPS for reasonable suspicion of abuse for Claire's younger siblings.

D. Ask Claire to sign an authorization to speak with her siblings to determine if they are safe.
Answer: Refers to the right to withhold information from court. Privilege exists to benefit of the client and belongs to the client
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Question: 131. As part of his telehealth practice, a social worker offers quick assessment surveys online to help potential clients decide if they want therapy. The surveys do not ask for any identifying information. The social worker has access to the results of the surveys but does not ask for the name of the consumer, to avoid the appearance of solicitation. This is legal if:

Content Area: Law: Legal Standards for Professional Practice. This question pertains to your knowledge of legal types of advertising and fee arrangements.

A. He provides referrals for any online survey respondents who are in a crisis.

B. He also offers the survey to current clients at no cost.

C. He advertises that the online assessments are consistent with DSM standards.

D. The surveys are offered at no cost, or fees for completing the surveys are disclosed before the client begins the survey.
Answer: ---Portability standards that ensure the continuity of healthcare
--Privacy standards that govern the disclosure of protected health
information
--Security standards that protect the development and maintenance of
health information
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Question: 132. Your client of five years asks to see a copy of his treatment records and submits the request to you in writing. How should a social worker respond?

Content Area: Law: Confidentiality, Privilege, and Consent
This question probes your knowledge of how to respond to client requests of access to their treatment records.

A. Allow the client to inspect the records, receive a copy, or receive a summary.

B. Inform the client that the records belong to the social worker, and that there is no right to client access to treatment records.

C. Explain that clients are only entitled to summaries of the treatment record.

D. Assert the privilege unless the request is accompanied by a court order.
Answer: The HIPAA Privacy Rule creates national standards to protect individuals' medical records and other personal health information.
It sets boundaries on the use and release of health records.
It gives patients the right to examine and obtain a copy of their health records and to request corrections if data is incorrect.
Clients needed to be notified about privacy practices during first session
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Question: 133. A new client, Susan, comes into your office reporting difficulties making presentations during staff meetings and has another big presentation in three weeks. Susan says, "I've heard of some technique called EMDR which is supposed to help with things like this. Can you help me?" Under what circumstances would you be allowed to perform EMDR with a client?

Content Area: Ethics: Professional Competence and Preventing Harm. This question assesses your knowledge of scope of practice and competence.

A. You've read a book on the subject which includes step-by-step instructions.

B. You consulted with a colleague who shows you how to do EMDR.

C. You've taken a practical course on EMDR and have obtained certification.

D. Your personal therapist used EMDR with you so you know how it works.
Answer: B. Social workers may disclose confidential information when appropriate with valid consent from a client or a person legally authorized to consent on behalf of a client.
(c) Social workers should protect the confidentiality of all information obtained in the course of professional service, except for compelling professional reasons. The general expectation that social workers will keep information confidential does not apply when disclosure is necessary to prevent serious, foreseeable, and imminent harm to a client or other identifiable person. In all instances, social workers should disclose the least amount of confidential information necessary to achieve the desired purpose; only information that is directly relevant to the purpose for which the disclosure is made should be revealed. information germane to the purpose for which the communication is made.
(d) Social workers should inform clients, to the extent possible, about the disclosure of confidential information and the potential consequences, when feasible before the disclosure is made. This applies whether social workers disclose confidential information on the basis of a legal requirement or client consent.
I. Social workers should protect the confidentiality of clients' written and electronic records and other sensitive information. Social workers should take reasonable steps to ensure that clients' records are stored in a secure location and that clients' records are not available to others who are not authorized to have access.
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Question: *134. Felix, a 30-year-old Caucasian, has been placed on administrative leave for excessive absences and is referred to you by his EAP. His partner, Pablo, a 32-year-old Peruvian-American, joins him in the session. Lately they have been "fighting all the time," and at work nobody knows that they are a couple because Felix fears they'll be fired. Pablo shoots an angry glance at Felix and says, "You worry too much. I can't take you moping around all the time, and the reason I drink so much is because you stopped having sex with me." What is your ethical obligation pursuant to Pablo's drinking?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of the ethical assessments and actions you can take to determine a client's ability to benefit from treatment.

A. If you have a sobriety contract in place, terminate any session at which Pablo comes in intoxicated.

B. Establish long-term sobriety as a treatment goal for Pablo.

C. If you have a no secrets policy in place, ask Felix to come for an individual session if Pablo is intoxicated.

D. Sign a self-care contract with Pablo that includes the provision that he will attend AA concurrent with couples' counseling.
Answer: 1.04 Competence
(c) When generally recognized standards do not exist with respect to an emerging area of practice, social workers should exercise careful judgment and take responsible steps (including appropriate education, research, training, consultation, and supervision) to ensure the competence of their work and to protect clients from harm.
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Question: *135. Your 17-year-old client is the head of Parents, Families, and Friends of Lesbians and Gays (PFLAG) group at school. She tells you that some of the students blog about "conversion therapy" and she wants your "expert opinion" so she can share it with her group. If you explain the law prohibiting sexual orientation change therapy, you are:

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge about informed consent and what you are required to discuss.

A. Illegally acting outside of your scope of practice.

B. Ethically fulfilling informed consent.

C. Ethically working within your scope of competence.

D. Ethically managing your counter-transference.
Answer: a) When setting fees, social workers should ensure that the fees are fair, reasonable, and commensurate with the services performed. Consideration should be given to clients' ability to pay.
B. Social workers should take reasonable steps to avoid abandoning clients who are still in need of services. Social workers should withdraw services precipitously only under unusual circumstances, giving careful consideration to all factors in the situation and taking care to minimize possible adverse effects. Social workers should assist in making appropriate arrangements for continuation of services when necessary.
(c) Social workers in fee-for-service settings may terminate services to clients who are not paying an overdue balance if the financial contractual arrangements have been made clear to the client, if the client does not pose an imminent danger to self or others, and if the clinical and other consequences of the current nonpayment have been addressed and discussed with the client.
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Question: *136. In working with a treatment team that consists of a therapist, medical doctor, and a nurse practitioner, the therapist has a release to speak with all of the client's health providers. The therapist should do which of the following to adhere to ethical standards?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to ethically retain confidentiality when working with a team of providers.

A. Provide the client with a copy of the release.

B. Avoid a dual relationship with any of the health care providers.

C. Only share information with those providers that advance the welfare of the client.

D. Only share information with those providers if the client is a danger to self or others.
Answer: Self- determination
Informed consent
Preserving professional boundaries
Safeguarding confidentiality
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Question: 137. You are seeing a client who has been in therapy before. As you begin your informed consent discussion, she asks you to "skip this part, I have heard it all before. I want to just start telling you what is going on. We are on the 50-minute clock." You tell her that you are required to provide at least the basics of informed consent. Informed consent should include all of the following EXCEPT:

Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of the elements of informed consent.

A. Excerpts of general therapy ethical standards.

B. A provisional diagnosis.

C. Information regarding the benefits and drawbacks of therapy.

D. The expected length of sessions and treatment.
Answer: What an ordinary reasonable and prudent professional with the same or similar training would have done under the same or similar circumstances
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Question: 138. Mr. Meltzer saw you for ongoing therapy for eleven months and still has an outstanding balance. You referred him to another therapist for clinical reasons, not related to his debt. He signed a release so that you can forward his record to his new therapist in another city. You proceed to:

Content Area: Ethics: Business Practices and Policies
This question reviews ethical guidelines and how they relate to patients who leave treatment with an outstanding balance.

A. Explain that you will forward his records when he pays the balance.

B. Ask his new therapist to collect the balance for you.

C. Release the records to a collection agency in order to obtain the balance.

D. Send his records as requested.
Answer: If parents are the one who consented to therapy they have the right to clinical records
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Question: 139. You are working as an intern at a non-profit agency. Your client of the past year has made substantial progress and the two of you enjoy a close relationship. You are now ready to leave the agency and will not be available to continue treatment with this client. Your ethical responsibility in this case would be to:

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to proceed when an interruption or termination of your services will occur.

A. Make appropriate referrals.

B. Since she knew that you were a registered associate when she started therapy, tell her that this type of termination is part of the licensing process.

C. Explain to your client why you cannot continue treatment with her.

D. Tell her that you will be able to meet her for coffee now that she is no longer officially your client.
Answer: Refers to the right to withhold information from court. Privilege exists to benefit of the client and belongs to the client
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Question: *140. Before accepting a client for telehealth services, what action should the social worker take?

Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of the laws that pertain to telehealth.

A. Determine the appropriateness of treating a client remotely.

B. Determine if the client is a resident of California.

C. Describe the risks, such as confidentiality risks, of internet therapy.

D. Provide detailed informed consent about the social worker's experience or limits of experience with telehealth.
Answer: -Supervision, consultation, TX team meetings, staff meetings
--Client waivers
--privileged communication
--danger to self or others
--suspicion of child/elder abuse
---subpoena
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Question: 141. You have been seeing your client, Anne, for seven months, who pays through her insurance company. She goes on vacation for three weeks and calls to schedule her next appointment. You explain to Anne that her insurance takes a long time to reimburse you. You give Anne the option to pay your full fee or to be given several referrals to other therapists. Is this ethically sound?

Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of how to proceed with collecting payment.

A. Yes, because you are offering her either continued treatment at your usual and customary fee or referrals to other therapists.

B. No, because this is financial exploitation and does not demonstrate a clinically sound reason to terminate therapy.

C. Yes, because Anne went on an extended vacation thus causing a disruption in treatment.

D. No, because you are obligated to take insurance.
Answer: therapist obligation to keep information given in the therapeutic relationship free from unauthorized disclosures
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Question: *142. You have been seeing Juan and Lucita, a young unmarried couple, for a few months when they announce that they are expecting a baby for which they do not feel prepared. They want to use the therapy time to discuss their options of having the baby and keeping it, giving it up for adoption, or having an abortion. You have very strong feelings about abortion. You would:

Content Area: Ethics: Professional Competence and Preventing Harm. This question assesses your knowledge of handling situations that can potentially conflict with the social worker's values.

A. Tell them of your bias.

B. Keep your opinions to yourself.

C. Tell them you can't help them deal with this crisis because of your strong feelings and refer to another mental health professional.

D. Tell them it would be best if they talked to their priest about this matter.
Answer: Evidence Code 1010-1027: The legal right not to have confidential communication revealed in a legal setting.
Is a rule of evidence that allows one party in a legal proceeding (the client) to limit the admissibility of statements originally communicated in confidence, thus rendering the witness (therapist) incompetent to testify regarding a particular matter
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Question: *143. You, a social worker, and the attorney in your office building agree to work together and make referrals back and forth. You each commit to making three referrals monthly and that the person making the most referrals that actually turn into paying clients over the next three months will "win" a weekend for two in Las Vegas. This arrangement is:

Content Area: Law: Legal Standards for Professional Practice. This checks your understanding of business practices regarding paying for referrals.

A. Illegal; don't do it.

B. A bit unusual perhaps, but not unethical since the "prize" is not expensive and no one is really paying for referrals.

C. Likely to have you lose your license if you are reported to an ethics board.

D. Questionable at best and unethical since it is close to paying for referrals.
Answer: 1. Protection of life
2. Equality and inequality
3. autonomy and freedom
4. least harm
5. quality of life
6. privacy and confidentiality
7. truthfulness and full disclosure
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Question: 144. Greg, age 29, comes in to see you about relationship problems. He has been in a wheelchair for 10 years as a result of a diving accident. After you have been seeing him for several months, he reports that the female nurse that he needs to care for him has made unwanted sexual advances towards him. Legally you:

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question addresses your knowledge of dependent adult abuse.

A. Do not need to report the incident because the law does not perceive women to be sexually abusive to adult males.

B. Would report the incident to Adult Protective Services immediately.

C. Would not report because both individuals are adults.

D. Would report by phone to Adult Protective Services within 2 working days.
Answer: Report by phone immediately or as soon as possible
Written report within 2 working days of receiving information
Usually reported to adult protective services or to local law enforcement agency
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Question: 145. You have been seeing a couple for several months. The therapeutic issues have focused on communication and trust. You receive a call from the husband who tells you that he has bought a gun "to protect my family from all of the violence out there." Since his wife is firmly against possessing guns, he has decided not tell her. You would:

Content Area: Ethics: Therapeutic Relationship/Services
This question involves ethics in application to secrecy in couples therapy.

A. Remind him of your no secrets policy and encourage the husband to tell his wife about the phone call and the gun.

B. Not bring up the content of the phone call since you've established that he is not intending to hurt his wife or children. This does not constitute a Tarasoff situation.

C. Focus on the issue of trust in their marriage which will encourage the husband to tell his wife.

D. Inform him that you do not keep secrets. You assume that he wants his wife to know or he would not have told you. Therefore, if he does not tell his wife in the next session, you will inform her of the conversation.
Answer: CPS phone call within 24 hours and fax written within 36 hours
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Question: 146. You receive a text from a potential client. She tells you that she got your name from a friend of hers and would like to know "what's involved in getting started with therapy." In response to her, you take a picture of your consent form and fee and send it to her. She responds "K" and asks when she can come for a first session. What is your next legal step?

Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of legal fee arrangements.

A. Obtain a written agreement about the fees for therapy.

B. Obtain written informed consent because "K" is not sufficient.

C. Discuss your consent form before she arrives for her first session.

D. Tell her that texts are part of her treatment file.
Answer: The duty to warn and to protect. If a client reports a threat to others and it is a serious imminent danger the clinician responsibility is to report the threat to victim, law enforcement and do what is in their power to stop client within reason.
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Question: 147. During a session with a couple in their 70's, you notice the man has a bruise on his head, and the woman tearfully admits that she loses her temper and hits him with pots and pans. In clinically managing the legal issue of elder abuse, how would you proceed?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your ability to balance your reporting responsibilities with your clinical need to maintain a safe therapeutic environment.

B. When the two are not in the room, call up an agency designated to take such a report, follow it up with a written report within 2 working days, create a "no violence plan," and refer to a support group.

C. Create a "no violence plan," teach time-outs, arrange for a support group, and if those interventions don't work, call an agency designated to take such a report.

Answer: Ewing vs Goldstein and Ewing vs. Northridge medical center
--court cases that extended the duty to protect identifiable victims from potential harm to include communication from a third parties (family members) that indicate a possible threat.
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Question: 148. Chong-Wook and Dae-Sup, a Korean-American couple in their mid-thirties who work as computer programmers, come into your office with their six-year-old adopted son, Chin-Hae. Chin-Hae's school counselor referred them to you. During the session, Chin-Hae appears restless and interrupts frequently. Chong-Wook's speech sounds slurred, and he says that he can hardly wait until Chin-Hae is in bed each night so that he can drink some sho-chu to unwind. Chong-Wook tells you that "the fee won't be a problem; the fee is covered under the overall adoption agreement." What are your ethical obligations?

Content Area: Ethics: Business Practices and Policies
This question tests your knowledge of ethical obligations.

A. Determine the family's understanding of the purpose of the therapy and refer for an academic assessment.

B. Determine the identified patient and tell Chong-Wook and Dae-Sup the fee before the first session.

C. Determine the identified patient and refer to a pediatrician.

D. Tell Chong-Wook and Dae-Sup the fee at the first session and explain that you may need to consult with the school counselor and adoption agency.
Answer: 1. Client confidentiality
2. informed consent
3. mandate to do no harm as a result of intervention and evaluation activities
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Question: 149. Rhonda, a 22-year-old college student, comes to therapy looking for advice. She says her boyfriend hit her last week and now she knows she should leave him, but it's very hard to do. In the past she has told him she didn't want to see him anymore, but she always gives in when he calls to get together again. She finds herself saying, "just one more time." She hates being alone and ends up seeing him for companionship. At the end of the session, she asks you if therapy is going to be able to help her. What is your next step?

Content Area: Ethics: Therapeutic Relationship/Services
This question requires that you stay focused on what a client is asking of you.

A. Provide a safe holding environment.

B. Explain the pros and cons of therapy.

C. Join with her concerning her fears.

D. Have her join a singles support group.
Answer: 1. Research participants must be volunteers
2. Potential participants should be given sufficient information about the study to determine any possible risks or discomforts as well as benefits
3. No harm shall result as a consequence of participation
4. Protection of sensitive information privacy of research is protected
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Question: 150. Your 18-year-old female client Martha tells you that she was molested on many occasions as a child. She tells you that she is now living with her boyfriend so that she doesn't have to stay in the same house where it all happened. She is hoping that a change of scenery is a first step in getting away from her childhood. What would be the most important legal requirement that you would have in such a case?

Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of how to proceed in a case of historical child abuse.

A. Report the abuse to CPS immediately by phone and follow up with a written report within 36 hours.

B. Find out if the abuse has already been reported.

C. Explore if the perpetrator still lives in the area.

D. Maintain confidentiality.
Answer: Service
Social Justice
Dignity and worth of the person
Importance of Human Relationships
Integrity
Competence
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Answer: Therapeutic, legal & ethical issues ================================================== Question: What is a leading cause of ethical complaints? Litigation for malpractice? Answer: Confidentiality 4th most frequent basis of disciplinary action ================================================== Question: According to the NASW Code of Ethics, social workers should protect confidentiality of all info except for when? Answer: Compelling professional reasons As necessary to prevent "serious, foreseeable, and imminent harm" to a client or other identifiable person. ================================================== Question: To what level of detail should confidentiality be broken when necessary? Answer: In the”Question: Confidentiality falls into what three types of issues? Answer: Therapeutic, legal & ethical issues ================================================== Question: What is a leading cause of ethical complaints? Litigation for malpractice? Answer: Confidentiality 4th most frequent basis of disciplinary action ================================================== Question: According to the NASW Code of Ethics, social workers should protect confidentiality of all info except for when? Answer: Compelling professional reasons As necessary to prevent "serious, foreseeable, and imminent harm" to a client or other identifiable person. ================================================== Question: To what level of detail should confidentiality be broken when necessary? Answer: In these instances, professionals should disclose the least amount of confidential information necessary to achieve the desired purpose; only information that is directly relevant to the purpose for which the disclosure is made should be revealed. ================================================== Question: What type of consent is required in order for mental health professionals to disclose to third parties? Answer: Written Verbal - in emergency situations only ================================================== Question: What are the exceptions to confidentiality? Answer: Under California law, there are several exceptions to the confidentiality of psychotherapy. The primary exceptions to confidentiality concern harm to self or others: Where there is a reasonable suspicion that a client is likely to harm him or herself unless protective measures are taken. Where there is a reasonable suspicion of child abuse or elder adult physical abuse (see Mandated Reporting section); Where there is a reasonable suspicion of the potential for danger of violence to others (see Duty to Warn section); ================================================== Question: What is reasonable suspicion according to Lowenthal Child Abuse Reporting guidelines? Answer: 1. Reasonable suspicion does not require certainty that child abuse or neglect has occurred; 2. Reasonable suspicion does not require a specific medical indication of child abuse or neglect; any reasonable suspicion is sufficient; and 3. Reasonable suspicion may be based on any information considered credible by the reporter, including statements from other individuals. ================================================== Question: How should a therapist approach treatment confidentiality with families or couples? Answer: It is important for the provider to be specific with regard to confidentiality issues and to seek agreement among the parties involved concerning each individual's right to confidentiality and obligation to preserve the confidentiality of information shared by others. ================================================== Question: How should a therapist approach treatment confidentiality with groups? Answer: The mental health provider cannot guarantee that group members will keep information confidential and this information is important to share with all group members in advance of group psychotherapy. ================================================== Question: Can clients access their therapeutic medical record? Answer: Yes - clinicians are ethically mandated to support clients in record review. Per the NASW ethical code: "Social workers should provide clients with reasonable access to records concerning the clients. Social workers who are concerned that clients' access to their records could cause serious misunderstanding or harm to the client should provide assistance in interpreting the records and consultation with the client regarding the records. Social workers should limit clients' access to their records, or portions of their records, only in exceptional circumstances when there is compelling evidence that such access would cause serious harm to the client. Both clients' requests and the rationale for withholding some or all of the record should be documented in clients' files." ================================================== Question: What is privileged communication? Answer: Privileged communication refers to a private statement that must be kept in confidence by the recipient for the benefit of the communicator." ================================================== Question: How many privileges are there in CA? Answer: 13 recognized ================================================== Question: Who holds the privilege? Answer: Client if no guardian or conservator If so, guardian/conservator holds it ================================================== Question: Who holds privilege if client is dead? Answer: Personal representative ================================================== Question: If you want to release information from a group, family or couple, what must you do? Answer: • If your identified patient is a group, family, or couple you must receive a waiver from each and every member of the group before you can release any information. ================================================== Question: Do minor children hold privilege? Answer: Yes - If your patient is a minor child, he or she holds the privilege. A minor's parents do not hold the privilege for the minor. The only time a parent could hold the privilege for the minor is if the court has specifically appointed the parent as a guardian ad litem ================================================== Question: How is privilege asserted for minors with regard to attorneys? Answer: • If your patient is a minor, you must assert the privilege on his or her behalf. If the minor has an attorney, the attorney can make the decision to waive or assert the privilege. ================================================== Question: What does the NASW Code of Ethics say about when the law orders social workers to break confidentiality without client permission? Answer: Social workers should protect the confidentiality of clients during legal proceedings to the extent permitted by law. When a court of law or other legally authorized body orders social workers to disclose confidential or privileged information without a client's consent and such disclosure could cause harm to the client, social workers should request that the court withdraw the order or limit the order as narrowly as possible or maintain the records under seal, unavailable for public inspection." Although it is ethically preferable, then, not to reveal treatment information, this may still be required by the court. ================================================== Question: What could happen if a provider receives a subpoena from an attorney to provide copies of clinical records? Answer: waive privilege and allow the provider to provide the subpoenaed information; or invoke privilege and refuse to allow the release of information. In the latter case, the judge will determine whether the treating professional must release information and the judge can issue a court order. ================================================== Question: What is required in order for a social worker to be forced to provide information even though privilege is invoked? Answer: Court order by the judge ================================================== Question: In CA, how old must minors be to consent to mental health treatment or counseling if 2 requirements are met? What are the requirements? Answer: 12 a) The minor, in the opinion of the attending professional person, is mature enough to participate intelligently in the outpatient services or residential shelter services AND 1) The minor would present a danger of serious physical or mental harm to self or others without the mental health treatment or counseling or residential shelter services or 2) is an alleged victim of incest or child abuse." ================================================== Question: If requirements are met, can minors 12+ consent to medical care and counseling related to dx and tx of a drug or alcohol problem? What about psych meds or inpt hospitalization? Answer: Yes to subst abuse tx No to psych meds or inpt hospitalization - both require parental consent ================================================== Question: What is required to share a minor's (12+) information/medical record with others, including parents? Answer: Minor's written consent ================================================== Question: Should a provider attempt to involve a parent/guardian in a minor's tx? Answer: Yes - unless inappropriate ================================================== Question: At what age does a person become an "elder" under California Welfare and Institution Code? Answer: 65 ================================================== Question: When should a therapist file a report? How about for APS? Answer: Immediately by phone and a written report within 36 hours Immediately by phone and written report within 2 working days ================================================== Question: What do mandated reporters have immunity to? Answer: Civil & criminal liability ================================================== Question: What is a mandated reporter subject to if they fail to file a report? Answer: Misdemeanor criminal prosecution & fines If harm comes to a child through the result of a professional's failure to report abuse, even stiffer penalties may exist. ================================================== Question: What does CA require of social workers applying for a license with regard to child abuse reporting? Answer: Due to the importance of accurate knowledge of child abuse, all persons applying for a license as a marriage and family therapist or clinical social worker needs to complete at least 7 hours of training in child abuse assessment and reporting. Additionally the BBS will not issue a license to a person who has been convicted of a crime in this or any other state or in a territory of the United States that involves sexual abuse of children or who is required to register pursuant to Section 290 of the Penal Code or the equivalent in another state or territory. ================================================== Question: What is Laura's Law? Answer: "Laura's Law," was written in response to these concerns. Laura's Law allows California counties to decide whether to opt to implement a community-based, court-monitored outpatient treatment program. These programs require outpatient treatment for a seriously mentally ill person who is unlikely to survive safely in the community without supervision, has a history treatment noncompliance, and presents a serious risk of harm to self or others. At the present time some, but not all, California counties have adopted Laura's Law. ================================================== Question: When can a person be placed in assisted outpatient treatment? Answer: The person must: 1) Be eighteen years of age or older; 2) Be suffering from a mental illness; 3) Be unlikely to survive safely in the community without supervision 4) Have a history of non-compliance with treatment that has either: 5) Have been offered an opportunity to voluntarily participate in a treatment plan by the local mental health department but continue to fail to engage in treatment; 6) Be substantially deteriorating; 7) Be, in view of his or her treatment history and current behavior, in need of assisted outpatient treatment in order to prevent a relapse or deterioration that would likely result in the person meeting California's inpatient commitment standard, which is being: A.) A serious risk of harm to himself or herself or others; or B.) Gravely disabled (in immediate physical danger because unable to meet basic needs for food, clothing, or shelter); 8) Be likely to benefit from assisted outpatient treatment; and 9) Participation in the assisted outpatient program is the least restrictive placement necessary to ensure the person's recovery and stability. ================================================== Question: Who can file a petition for AOT? Answer: Only the county mental health director may file a petition for AOT, but treatment providers or family members may request that such a petition be filed. ================================================== Question: How may a therapist carry out the "duty to protect?" (Tarasoff) What is the consequence of not acting? Answer: - Notify the police - Warn the intended victim - And/or take other reasonable steps to protect the individual - the psychotherapist's duty is to make a "reasonable effort to communicate the threat to the victim or victims and to a law enforcement agency" Failure to act may also result in potential civil liabilities ================================================== Question: When is Tarasoff required? Answer: "where the patient has communicated to the psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims" ================================================== Question: Is there a difference in duty to protect if a pt communicates directly to therapist vs. info relayed by an immediate family member? Answer: No - duty is the same *Only if a family member communicates this. Not beyond ================================================== Question: What are some symptoms of compassion fatigue? Answer: Relational/Work-Related Symptoms (Lombardo & Eyre, 2011) • Avoidance or dread of working with certain patients • Boundary issues, such as over-involvement with patients • Reduced ability to feel empathy towards patients or families • Frequent use of sick days Physical/Emotional Symptoms • Lack of joyfulness/Irritability • Poor concentration, focus, and judgment • Sleep disturbances • Excessive use of substances Anxiety ================================================== Question: What assessment can be used free of charge to self-monitor compassion fatigue? Answer: Proquol ================================================== Question: Can social workers consult with colleagues for advice on areas outside their scope of practice? Answer: Yes - do so with the least amount of information necessary ================================================== Question: What is informed consent? Answer: "agreement to a proposed course of treatment based on receiving clear, understandable information about the treatment's potential benefits and risks." Includes: 1) a description of the diagnosis, treatment, risk and benefits 2) discussion of other options, 3) clinician's qualifications to perform treatment. ================================================== Question: What should be included in informed consent and how should it be conducted? Answer: Informed consent may take various forms, such as a client information brochure or a discussion between client and therapist. Whatever format it takes, informed consent should include the following factors: -Goals of therapy/psychotherapy services -Risks and benefits of therapy -Approximate length of the process -Alternatives to therapy -Fees and services, including processes if bills are not paid -Qualifications and background of the counselor -Treatment procedures, including emergency procedures -Third party disclosures -Choices between paying with and without insurance -Limits of confidentiality ================================================== Question: Is informed consent required for school-based psych services b/w teacher & therapist? What about a psych crisis? Answer: No - as long as interventions are under the authority of the teacher & w/i scope of typical classroom intervention Parent consent is required if consultation is extensive or intrudes on student/family privacy; and for mental health screenings No ================================================== Question: Written informed consent is required when? Answer: Psychosurgery, ECT, research studies ================================================== Question: LEGAL: Privilege does not apply in the following circumstances Answer: The client authorizes a release of information A therapist is legally mandated to breach confidentiality The client has disclosed a significant part of the information to a third person The situation represents one of the legally defined exceptions to privilege. ================================================== Question: LEGAL: Privilege and Patient-Litigant Exception Answer: Legally Defined Exception to privilege If a patients emotional condition has been raised as an issue by the patient or representative ex: employee suing boss for sexual harassment claiming it caused emotional distress that led to diagnosis of panic disorder. Information obtained by woman's therapist relevant to her diagnosis is not privileged ================================================== Question: LEGAL: Privilege exceptions in Court-Appointed Psychotherapy Answer: Legally Defined Exception to privilege Therapist has been appointed by court to examine defendant as long as it wasn't defendants attorney wasn't the one to request. Example: Judge orders man on trial for murder to undergo psychological testing to decide if he is competent to stand trial. Information obtained in eval. relevant to competence is not privileged. ================================================== Question: LEGAL: Proceeding to Establish Competence Answer: Legally Defined Exception to privilege Example: daughter of man with suspected cognitive disabilities request conservatorship. Therapist who evaluated man may testify about results of cognitive evaluation. ================================================== Question: LEGAL: Patient under 16 is a Victim of a Crime Answer: Legally Defined Exception to privilege Example: Therapist testifies in court on behalf of 14 yr old boy who told her older teenagers were extorting money from him. Exception to privilege to protect boy from harm. ================================================== Question: ETHICAL: NASW Core Values Answer: Service Social Justice Dignity and Worth of the Person Importance of Human Relationships Integrety Competence ================================================== Question: A therapist is treating a mother, step-father, 12-year-old son and 4-year old daughter for family therapy. The mother requests that the therapist speak to the son's teacher because he has been complaining of problems in the classroom. When obtaining a release to speak to the teacher, the therapist must get written consent from the entire family. Answer: False ================================================== Question: According to HIPAA, psychotherapy notes are released to third-party payers for billing. Answer: False ================================================== Question: A therapist who was a victim of sexual abuse as a child meets with an 18-year-old client who also experienced childhood sexual abuse from a teacher. The therapist is concerned about working effectively with this client due to her lack of experience in treating sexual abuse. It is appropriate for the therapist to refer the client to someone who specializes in sexual abuse because it is out of the therapists scope of competence. Answer: True ================================================== Question: A therapist should always support a client's right to self-determination first. Answer: True ================================================== Question: A safety plan does not include giving the client Domestic Violence resources. Answer: False ================================================== Question: A client, who is a single mother, informs the therapist that she was offered a better job in another state where she does not know anyone. She requests assistance finding childcare for her 5-year old. She adds that she thinks that it would be easier for her to remain in her present living arrangement with her parents until the child is older. The therapist thinks the client should stay. The therapist should explore the pros and cons of her options. Answer: True ================================================== Question: During informed consent, the client should always have a good understanding of what services they are receiving. Answer: True ================================================== Question: A therapist accepts insurance in private practice. The insurance company sends notice to the therapist requesting copies of five client files for an audit. This is a typical practice of the insurance company. The therapist should make sure each file has an authorization and then submit the files. Answer: True ================================================== Question: A mother of an 11-year-old boy was arrested and subsequently ordered to enter a 90-day detox facility for drug and alcohol abuse. The son was sent to live with a foster family temporarily when the mother went into a detox facility. The child has been court-ordered to attend therapy. The therapist should obtain consent for his treatment from first the lawyer and second the social worker. Answer: True ================================================== Question: A therapist has been seeing a gay couple for several months for relationship issues. Between sessions, one of the men calls distraught because he learned he has HIV. "I don't know what to do! Please don't tell my partner." The therapist should assure him that you will maintain his confidentiality and explore his reasons for not wanting his partner to know. Answer: True ================================================== Question: Fees are not a legally required aspect of informed consent. Answer: False ================================================== Question: A therapist is part of an interdisciplinary team at a residential center for teens. The therapist should make it clear to the residents that confidential disclosures are shared with the treatment team. Answer: True ================================================== Question: A therapist does not have to accept a subpoena. Answer: False ================================================== Question: A client seeks therapy for anxiety after a car accident. She also decides to sue the driver of the other car who was at fault claiming that the accident has left her too anxious to drive. The therapist receives a subpoena for the client's records and should accept the subpoena, maintain confidentiality, and assert privilege if the client so directs. Answer: True ================================================== Question: A therapist treating an EAP client or court ordered client can only provide attendance history when their employer or probation officer contacts the therapist for updates. Answer: True ================================================== Question: A therapist should never respect a client's beliefs, especially if the therapist has different beliefs. Answer: False ================================================== Question: A therapist should always respect a client's beliefs unless it is affecting the therapist and not allowing them to do their job appropriately. Answer: True ================================================== Question: A 32-year-old man with developmental disabilities comes to an appointment with his case manager and reports that a caregiver in his group home has been refusing to give him his medication and has been locking him in his room at night. The case manager should report the situation to the police immediately. Answer: True ================================================== Question: A therapist is allowed to confirm or acknowledge a client at the request of a lawyer. Answer: False ================================================== Question: If a therapist denies client access to their records and the client becomes angry, the therapist should consult a lawyer. Answer: False ================================================== Question: A therapist can bill the insurance for a missed client appointment, but they may not pay. Answer: True ================================================== Question: A recently licensed therapist took one course on emotionally focused therapy during his internship. Now that he is licensed it is appropriate for him to advertise himself as having an "expertise in emotionally focused couples therapy." Answer: False ================================================== Question: A therapist working in a small agricultural town has been seeing a client for several years when the client reports that he cannot afford to pay for therapy for the next few months because he must make upgrades to his farm. It is appropriate for the clinician to accept produce from client's farm as payment if that is client's only source of payment. Answer: True ================================================== Question: A client lost her husband a year ago. The client has had trouble maintaining her finances, since her husband was the one who took care of the bills when he was alive. The client is now two months behind in the payment of fees and has no ability to pay soon. The clinician should terminate services if it is clear that the client is not a danger to self or others. Answer: True ================================================== Question: A therapist working in a small town has been seeing a client for a few months when the client reports that he lost his job and can no longer afford to pay for therapy. It is acceptable for the client to provide house repair services for the therapist in exchange for continuing therapy. Answer: False ================================================== Question: A therapist, who was formerly employed as a financial planner, now treats couples with relationship issues. It is acceptable for the therapist to assist couples he is treating with financial planning when that is one of the sources of their conflict. Answer: False ================================================== Question: A therapist has been treating a woman for depression in private practice for four months. During an emotional session the client discloses that she was sexually molested when she was eight by her neighbor. Since the therapist has minimal training in treating childhood sexual abuse it is acceptable for the therapist to refer the client to a trained child sexual abuse therapist. Answer: False ================================================== Question: A therapist has been treating a client with Generalized Anxiety Disorder for five months. The client's symptoms have disappeared and the client is functioning well. The therapist enjoys the sessions with the client so she has been reluctant to bring up termination. Also, the client pays full fee and the therapist is worried about losing the income. It is unethical for the therapist to continue therapy with this client. Answer: True ================================================== Question: A 13-year-old girl is referred by her teacher for therapy for depression. The therapist determines she is mature enough to consent for her treatment. LEGALLY the therapist should first determine whether her parents should give consent. Answer: True ================================================== Question: A new client comes to the initial therapy session in crisis. The therapist does not inform the client of the fee prior to the initial session. When the client receives the bill, she refuses to pay. In this situation, the therapist should accept the client's refusal to pay. Answer: True ================================================== Question: A therapist in a small rural community has decided to consult with a colleague about a client who does not seem to be progressing in therapy. As part of the consultation the therapist should obtain a release from the client since the colleague might know him/her. Answer: True ================================================== Question: A client wants to see his records. The therapist determines that there is high risk of detrimental consequences to the client if the client were to see the records. The therapist should deny the request to access the records and document why it was denied. Answer: True ================================================== Question: A therapist is working in a small rural town and is the only provider within the area. A neighbor from a nearby farm requests that her son receive counseling services. The therapist has seen the boy on several occasions in the local store, but has minimal interaction with him or his mother. The therapist should decline to provide therapy to the client. Answer: False ================================================== Question: A therapist receives an order from the court for a former client's records. The therapist is concerned that the release of the records will cause harm to the client. The therapist advocates to the court to limit the scope of the release. The court declines the request so the therapist must provide a copy of the records immediately. Answer: True ================================================== Question: During a session, a client makes a vague threat toward his former boss. When the therapist asks what the client means by the statement, the client ignores the question. The therapist should remind client you are a mandated reporter. Answer: False ================================================== Question: A court-ordered client with a history of violence shares that he is really pissed off at his former boss and is "going to wait for him after work one of these days to make him pay." When the therapist asks the client what he means by the statement, the client tells him angrily to "forget it". Due to client's violent history and the fact that he does not want to discuss it, the therapist should inform the police. Answer: True ================================================== Question: The informed consent for treatment is not part of the summary of records. Answer: True ================================================== Question: The purpose of laws and regulations pertaining to psychotherapy advertising is to ensure the public is well-informed and not misled. Answer: True ================================================== Question: It is unethical for a therapist starting a new practice to advertise in her community. Answer: False ================================================== Question: A gay couple comes in to see you for the first session. They state that they have been referred by one of the partner's individual therapist. The referring therapist told them that you have extensive experience in working with gay couples. In actuality, you have treated a good number of heterosexual couples, but have seen only a few gay couples. As their therapist you should correct the inaccurate information with both the couple and the referring therapist without divulging your client's identity. Answer: True ================================================== Question: To what services can minors consent to at any age? Answer: Pregnancy, contraception, abortion (no parental contact without written consent) Sexual assault/rape services under 12: med dx, tx & evidence collection (provider must attempt to contact parents & report to CPS) ================================================== Question: Is ECT allowed for minors? Answer: ♣ 12-15 only if considered life-saving - both child and parent consent required ♣ 16-17 - voluntary consent by minor; share with parents with written consent ================================================== Question: To what services can 12+ consent to? Answer: Parent comm not permitted without written consent: - ID/STI prevention, dx, tx - AIDS/HIV testing & tx - Rape services - Outpt mental health services (have to attempt to involve parents; can discuss verbally, but medical records require written consent) ---> minor has to be mature enough & present danger/harm to self or others w/o tx OR is alleged victim of child abuse or incest ================================================== Question: To what services can minors not consent to, even if 12+? Answer: Psych meds Inpt psych hospitalization (parents cannot force tho unless 5150) ================================================== Question: If a child is under 14, who are they legally permitted to have sex with? 14/15? 16+? Answer: Under 14 14 - 21 Any age ================================================== Question: Is emotional abuse required to be reported to CPS? Answer: No ================================================== Question: How old is an elder? Answer: 65+ ================================================== Question: How soon must verbal and written reports be made for child abuse? Answer: Immediately w/i 36 hours for written ================================================== Question: How soon must verbal and written reports be made for elder abuse? Answer: Immediately (by phone or confidential internet reporting tool) w/i 2 working days for written ================================================== Question: What form is used for written abuse reports? Answer: DOJ form ================================================== Question: How many hours of training in child abuse assessment is required of LCSWs? Answer: 7 hours ================================================== Question: Can a person/agency be at risk for litigation upon a negligent/intentional confidentiality breach even if the person drops charges? Answer: Yes A licensing or certifying board may assess an admin fine or civil penalty whether or not the patient suffers any damages (CA confidentiality of medical information act - CMIA) Lanterman-Petris-Short Act (LPS): civil damages for negligent disclosure ================================================== Question: When is drug use by parents reportable to CPS? Answer: When parent is manufacturing a controlled substance in the presence under a child of age 16 Other drug use would only be reportable if the father could not care for his child safely as a result of use ================================================== Question: What is required when a baby is born with positive drug tox/withdrawal sxs? Answer: An assessment of needs for the infant and infant's family and to make a referral for appropriate services ================================================== Question: How should social workers act when they disagree with agency policy or procedure? Answer: - Advocate & discuss with colleagues & admin first informally - If necessary, do the above but more formally - If necessary, involve appropriate outside agencies (governors office, media, advocacy organization) - Avoid conflicts of interest by informing clients of real or potential conflicts of interests ================================================== Question: How long must medical records be retained after client discharge? Answer: 7 years (but 10 is recommended) For minors, at least 7 years after they turn 18 ================================================== Question: What is the NASW's position regarding sliding-scale fees? Answer: Consideration should be given to the client's ability to pay ================================================== Question: What should clients of military therapists be informed of? Answer: Military therapists have neither control over whom they consult or evaluate nor ways to prevent dual relationships and conflicts of interest. Clients in these settings must be fully informed of the disclosures that may result from the unavoidable dual relationship. Comparable conflicts may arise when non-military therapists are involved in court cases. - They are legally mandated to the dual roles - National defense, unit integrity, combat readiness etc are higher than individual welfare in the military - Sometimes people serve alongside clients in military as officers & also as guards in prisons ================================================== Question: What information are military commanding officers allowed to know about information obtained by a social worker? What about what information is required to be reported to prison authority? Answer: - Relevant to national security or combat readiness - Relevant to security & safety ================================================== Question: What disclosures can be made of people in correctional institutions? Answer: 1) Provision of health care 2) Health and safety of inmate and other inmates; also of correctional institution personnel; personnel responsible for transporting/transferring inmates 3) Law enforcement on the correctional institutions premises 4) the 'administration and maintenance of the safety, security, and good order' of the institution Fugitive - no restrictions - as it is useful for apprehension of the inmate ================================================== Question: Can prisoners obtain med records copies, billing or other records? Answer: No - not allowed to obtain a copy. Can inspect records unless they are psychotherapy notes or contain info for criminal/admin proceedings Can deny if access would put at risk the health, safety, security, custody, or rehabilitation of the inmate or other inmates, or the safety of any officer, employee, or other person at the correctional institution as well as the safety of any person responsible for transporting the inmate ================================================== Question: Under HIPPA do client's have the right to see their psychotherapy notes? Answer: No - therapists have the right to keep them private (as long as they are kept separate from the medical record) They can be made available to other providers given client's consent ================================================== Question: What is the CA statute of limitations on civil action? Answer: Between 1 - 4 years ================================================== Question: What is required for breach of confidentiality with regard to SI? Answer: Plans, means & intent ================================================== Question: What is the 4th most common disciplinary action? Answer: lack of keeping client confidentiality ================================================== Question: What is a leading cause of litigation? Answer: breech of confidentiality ================================================== Question: According to the Code of Ethics, when is the only exception for breeching confidentiality? Answer: compelling professional reasons ================================================== Question: When is the only time, beside a court subpoena, that a counselor can release protected client information? Answer: Written consent from client or legal guardian ================================================== Question: T or F? Keeping client information confidential does not include when disclosure is necessary to prevent serious forseeable imminent harm to client or others. Answer: T ================================================== Question: T or F? Counselors should provide the most amount of information when disclosing confidential information. Answer: F ================================================== Question: T or F? Verbal consent to disclose client information is never permitted. Answer: F, verbal consent is ok in emergency situations ================================================== Question: What is informed consent? Answer: A client is informed in advance, circumstances under which the counselor is allowed to disclose client information ================================================== Question: What are the stipulations of breaking confidentiality? Answer: 1. when a client is at harm of hurting oneself if protective measures were not taken 2. Reasonable suspicion of child or elder abuse/neglect 3. reasonable suspicion of potential for danger/violence to others ================================================== Question: How does confidentiality work when you are doing psychotherapy with a group/family? Answer: counselor must be clear and specific as to confidentiality issues and to review each member's right to confidentiality & obligation to preserve the confidentiality of information by others ================================================== Question: T or F? A provider cannot ensure that confidentiality will be kept by other group members. Answer: T ================================================== Question: What is privilege? Answer: legal right of keeping clinical records confidential ================================================== Question: How does NASW stand on court order of client records? Answer: Social workers should protect the confidentiality of clients during legal proceedings to the extent permitted by law. When a court of law or other legally authorized body orders social workers to disclose confidential or privileged information without a client's consent and such disclosure could cause harm to the client, social workers should request that the court withdraw the order or limit the order as narrowly as possible or maintain the records under seal, unavailable for public inspection ================================================== Question: What is the term, "age of consent"? Answer: laws related to the legal and medical rights of minors and is the age at which a minor can consent to tx without parental authorization ================================================== Question: T or F? Mandated reporters have immunity from civil and criminal liability Answer: T ================================================== Question: What happens if you know or have suspicion of abuse/neglect and you do not report it? Answer: punishment of misdemeanor criminal prosecution and fines ================================================== Question: T or F? No client has 100% guarantee of complete confidentiality Answer: T ================================================== Question: What is the primary goal of social work? Answer: enhance human well-being and help meet the needs of all people who are vulnerable or oppressed ================================================== Question: T or F? Child abuse is usually found in a combination of types rather than alone. Answer: T ================================================== Question: What are the five things to take into consideration when looking at child abuse? Answer: 1. age of child 2. Developmental levels of child 3. severity of action 4. frequency of action 5. contextual=historical/cultural perspectives of family ================================================== Question: What is MBP? Answer: intentional simulation of physical illness by a parent in his or her child, usually for the purpose of attention. This may include fabricating symptoms or actually inducing symptoms (such as causing a child to have a fever, feeding the child things he or she should not ingest, etc.) ================================================== Question: What constructs child neglect? Answer: emotional, physical and educational ================================================== Question: What does physical neglect entail? Answer: Physical neglect includes refusal of or delay in seeking health care, abandonment, expulsion from the home or refusal to allow a runaway to return home, and inadequate supervision. ================================================== Question: What does educational neglect entail? Answer: Educational neglect includes the allowance of chronic truancy, failure to enroll a child of mandatory school age in school, and failure to attend to a special educational need. ================================================== Question: What does emotional neglect entail? Answer: Educational neglect includes the allowance of chronic truancy, failure to enroll a child of mandatory school age in school, and failure to attend to a special educational need. ================================================== Question: What is the most difficult subset of abuse to prove? Answer: emotional abuse= emotional injury AND Change in emotional stability of child ================================================== Question: What are signs of physical abuse? Answer: • Has unexplained burns, bites, bruises, broken bones, or black eyes • Has fading bruises or other marks noticeable after an absence from school • Seems frightened of the parents and cries when it is time to go home • Shrinks at the approach of adults • Reports abuse to you or another adult caregiver ================================================== Question: What are signs of child neglect? Answer: • Is frequently absent from school • Begs or steals food or money • Lacks needed medical or dental care, immunizations, or glasses • Is consistently dirty and has severe body odor • Lacks sufficient clothing for the weather • Abuses alcohol or other drugs • States that there is no one at home to provide care ================================================== Question: What are signs of child sexual abuse? Answer: • Suddenly refuses to change for gym or to participate in physical activities • Reports nightmares or bedwetting • Experiences a sudden change in appetite • Demonstrates bizarre, sophisticated, or unusual sexual knowledge or behavior • Becomes pregnant or contracts a venereal disease, particularly if under age 14 • Runs away • Reports sexual abuse by a parent or another adult caregiver ================================================== Question: What are the 3 components of HIPAA? Answer: 1. Portability standards that ensure the continuity of healthcare 2. Privacy standards that govern the disclosure of protected health information 3. Security standards that protect the development and maintenance of health information ================================================== Question: Why was HIPAA established? Answer: to protect PHI- protected health information ================================================== Question: T or F? psychotherapy notes are treated differently than health records. Answer: T, more discretion, clients do not have right to obtain copy under HIPAA ================================================== Question: What is HIPAA's definition of psychotherapy notes? Answer: That the notes are kept separate from the rest of the client chart ================================================== Question: What would the Notice of Privacy Practices include? Answer: • Information about treatment issues (e.g., the coordination or management of PHI with a third party • Submission of PHI for Payment • Exceptions to Confidentiality • How Sensitive Health Information is handled • Right of Access to medical records. ================================================== Question: What is a central issue around advertising? Answer: potential vulnerability of the client relative to the therapist. Vulnerability may include client insecurities, emotional problems, or lack of information about professional psychology services. ================================================== Question: What does Tarasoff law entail? Answer: therapist must warn the person whom the threat is advanced toward "duty to protect" -notify police -warn victim ================================================== Question: What does Ewing law entail? Answer: The court did not differentiate between threats conveyed directly by the patient and those related by an immediate family member of the patient. -hear from patient or family member ================================================== Question: What is true of the Standard of Care? Answer: 1. it is a legal concept 2. it is continually changing 3. it is derived from legal professional-communal principles ================================================== Question: a therapist is seeing a woman for depression and her goal is to pay taxes back. The therapist is also a public accountant. The client asks to bring in her documents to the next session. What should the therapist do? Answer: Refuse because it is outside her scope of practice ================================================== Question: A new client seeks tx for addiction and depression after a break up from a therapist in private practice who specializes in relationship issues. The therapist agrees to see the client despite having limited training in substance use tx. The bx of the therapist is: Answer: Unethical because the therapist is working outside her scope of competence ================================================== Question: A therapist should honor a client's self-determination in all of the following scenarios except: Answer: When the client is in danger of harming himself ================================================== Question: In what situation would a therapist not be required to obtain informed consent? Answer: the therapist is contacted by an adult patient who has SI and a plan ================================================== Question: A therapist arrives at the office and sees a client has broken in and is looking through files. The therapist should: Answer: call the police and inform them of the name of the client ================================================== Question: In what situation does a client not have privilege? Answer: When a client files a malpractice suit against the therapist ================================================== Question: A client seeks tx from a therapist for anger after finding out about his partner's extramarital affair. In the first session he states he will do "whatever it takes" to get even. What should the therapist do? Answer: Seek further clarification of the statement ================================================== Question: A family comes to therapy and the 14 year old son has been found drunk twice. The son says in session, "I hate school. I get bullied everyday. You guys don't care. You just pray". What should the therapist assess next? Answer: Son's risk of self harm. ================================================== Question: A woman comes to therapy and discloses that she has been abused by her husband and that her children have been witness to the abuse for last 2 months. How should the therapist respond? Answer: Develop safety plan with client ================================================== Question: A therapist is contacted by a new client's conservator, which is the brother of the client who is dx with schizophrenia. The brother wants to be present in sessions to make sure the client is not lying and telling accurate information. What should the therapist do? Answer: explore pros and cons of including the brother and set appropriate boundaries ================================================== Question: A client submits a written request to access their records. There is not a clinical reason to withhold the records. What should the therapist do? Answer: The client may inspect the records within 5 days, receive a tx summary within 10 days, or receive a copy within 15 days ================================================== Question: in order to meet the standard of care in the event of the death of a therapist, the therapist should: Answer: create an up-to-date professional will ================================================== Question: A therapist must comply with HIPAA regulations if: Answer: The therapist communicates electronically with patients ================================================== Question: A couple seeks therapy for relationship issues. They want to use the wife's insurance and request the therapist bills insurance for individual tx of anxiety. The therapist agrees. The therapist's decision is: Answer: unacceptable because it is illegal ================================================== Question: A therapist attends a 2-day workshop on tx sexual disorders. Besides the workshop the therapist has no other training. After the workshop, he lists the Treating SexualDisorders as expertise. The action is: Answer: illegal and unethical ================================================== Question: A therapist has been seeing a client for 6 months but the client moves to WA. The client sees other therapists in WA but does not feel its a good fit and wants to continue services with therapist over the phone. The therapist agrees and reviews the tele therapy consent for tx. The action is: Answer: illegal ================================================== Question: A therapist receives a phone call from a prospective client. When is the therapist legally obligated to discuss fees? Answer: prior to the onset of therapy. ================================================== Question: a client dx with schizophrenia has been given a prescription for med by psych. the client stopped taking the med because of side effects. What should the therapist do? Answer: refer the client back to the psychiatrist ================================================== Question: A therapist discovers she attends the same church as a client. The client asks the therapist to accompany her on weekly church services. The client says it is hard for her to get around and does not have support nearby. There therapist should: Answer: clarify professional boundaries ================================================== Question: If a therapist is in a first session/intake with a client where they feel uncomfortable in working with the client due to sexual orientation. What should the therapist do? Answer: Seek consultation with colleagues to discuss discomfort. ================================================== Question: What should a therapist do when a client tells them they had a sexual relationship with a previous therapist? Answer: provide the client with the brochure "Professional Therapy Never Includes Sex" ================================================== Question: A therapist in private practice has been seeing a client for three months and has not noticed a change in the client's sx or affect. The therapist should: Answer: seek consultation from a an experienced colleague about the case ================================================== Question: A therapist wants to submit a research article in a professional journal. The therapist submits an abstract proposing a study of panic disorders. What should the therapist do first? Answer: Obtain informed consent from subjects ================================================== Question: During supervision, the supervisee invites the supervisor to birthday party. The supervisor likes the supervised and would like to attend. The supervisor should: Answer: acknowledge the invitation and desire to attend, but explain importance of professional boundaries ================================================== Question: A woman has been in therapy for two years for depression. She would like to continue therapy in fear her life will go back to the way it was. What should the course of tx be? Answer: discuss termination issues and gradually decrease the frequency of contact ================================================== Question: Type abuse that is optional to report, a permitted report Answer: Emotional abuse ================================================== Question: Time in which written must be made in the case of suspected child abuse Answer: 36 hours on Department of Justice forms ================================================== Question: Time in which report of elder abuse, not in a care facility, required, both verbal and written reports Answer: report must be made by phone ASAP and written report made in 2 working days ================================================== Question: Time in which report of elder physical abuse is required, w/ serious bodily injury, when abuse is occurring in a long term living facility Answer: 24 hours by phone to law enforcement, written report 24 hours to law enforcement AND local Ombudsman AND Long Term Care facility licensing board ================================================== Question: Time in which report of elder physical abuse is required, with out serious bodily injury, when abuse is occurring in a long term living facility Answer: ASAP by phone to local law enforcement OR local Ombudsman, written report within 2 business days to law enforcement OR Ombudsman ================================================== Question: Headland vs Orange County Answer: mental health worker is liable to foreseeable bystanders if worker does not for fill Tarasoff responsibility ================================================== Question: Evidence Code 1024 Answer: gives mental health professionals permission to break confidentiality to prevent Cx harm to self, others or property ================================================== Question: Release of Authorization can be revoked only when Answer: Clinician receives written notification from the Cx requisition revocation ================================================== Question: Length of time 2015 ruling determines clinicians must retain records after service termination date Answer: 7 years after termination of service date ================================================== Question: Length of time records of a minor are to be retained after service termination Answer: Minimum of 7 years after Cx turns 18 ================================================== Question: Progress notes are Answer: legal and held to standard of care ================================================== Question: Process notes are Answer: subjective and only for the professional to use and should be destroyed when no longer relevant and necessary to cx's Tx ================================================== Question: Authorization to mental health services when parents are in an intact marriage Answer: each parent can authorize Tx, however it is recommended that both be included ================================================== Question: Authorization to mental health services when parents are divorced and have joint legal custody Answer: both parents can consent to Tx ================================================== Question: Authorization to mental health services when parents are divorced and one parent has soul legal custody Answer: only parent with soul legal custody can consent to Tx ================================================== Question: uthorization to mental health services when child is in Foster Care Answer: the child's attorney can authorize consent to Tx ================================================== Question: Length of time Care Givers Authorization Affidavit is valid Answer: 1 year after the sign in date and can be revoked if the legal parent decides to consent or revoke Tx ================================================== Question: As of the 2011 court ruling pertaining to minors ability to consent to own Tx minors can... Answer: consent to their own Tx if the minor is 12+ years of age and mature enough to participate in therapy ================================================== Question: Clinicians responsibility if Cx states that another therapist engaged in sexual activity with Cx Answer: present the Cx with the brochure about sexual misconduct and therapy ================================================== Question: Amount of continuing education hours a clinician must acquire within the initial license renewal period Answer: at least 18 hours ================================================== Question: Amount of continuing education hours a clinician must acquire within the 2 year license period Answer: at least 36 hours, 6 of which obtain to Law and Ethics ================================================== Question: Scope of Practice Answer: all services defined by education and licensure a mental health professional is allowed to preform ================================================== Question: Special Relationship Answer: when one person is vulnerable and dependent upon another person ex: Cx/Clinician relationship ================================================== Question: Standard of Care Answer: average degree of skill, care and diligence practiced by members of the same profession, practicing in the same or similar locality ================================================== Question: Definition of Law Answer: formal code or decision established by a legislative body and interpreted by the courts, indicating what to do and not to do under a given circumstance ================================================== Question: Three sources of legal obligation Answer: statues and regulations, boards authorized by legislature, court cases ================================================== Question: Examples of Gross negligence and incompetence Answer: misrepresentation of a degree, reckless physical or mental harm, wrongful insurance billing, engaging in sexual relationships sooner then two years following termination of services ================================================== Question: Definition of Ethics Answer: ways considered "best" or "right" by standards established by professional organization ================================================== Question: Patient Bill of Rights allows Cx to Answer: request and receive information about clinicians background, fees and payment, length of therapy and subsequent care, limits of confidentiality seek 2nd opinion etc. ================================================== Question: Definition of Privilege Answer: Cx's right not to have confidential information revealed during legal proceedings ================================================== Question: Supine Answer: request for information ================================================== Question: Court Order Answer: requiring clinician present information requested ================================================== Question: Quashed Supena Answer: supena is null and void and no information is required to be turned over by the clinician. Cx asserts privilege and it is granted. ================================================== Question: Waiving Privilege Answer: Cx signs waiver and information is turned over to courts ================================================== Question: Definition of Confidentiality Answer: the legal and ethical requirement restricting the provider from giving information about things disclosed in Tx ================================================== Question: Definition of physical abuse Answer: physical injury or death inflicted by other than accidental means ================================================== Question: Definition of sexual abuse Answer: sexual assault, exploitation, rape, dude and lascivious acts, oral copulation, sexual penetration and molestation. ================================================== Question: AB1775, law Answer: law which make digital transmission of minors engaging in sexual activities illegal ================================================== Question: Definition of neglect Answer: maltreatment of Cx including malnutrition, willful endangerment, failing to protect from dangerous situations, failure to provide supervision ================================================== Question: Definition of willful cruelty Answer: permitting unjustifiable mental/ physical pain upon a child ================================================== Question: Definition of elder Answer: any adult 65 or older residing or who intends to reside in the state of California ================================================== Question: Definition of a dependent adult Answer: any person 18-64 residing in or intending to reside in California with physical, mental or financial limitations which restrict their ability to carry out normal activities of daily life, protect own rights and live independently ================================================== Question: Definition of Tarasoff Answer: duty to protect ================================================== Question: End of life option Act Answer: allows people 18 years and older to self administer a lethal dose of an aid in dying drug prescribed by Cx attending physician when a Cx has a terminal illness and will die within 6 months of diagnosis ================================================== Question: Definition of Telehealth Answer: practice of delivering healthcare, diagnosing, providing Tx and transfer of medical data using audio, video etc. ================================================== Question: Ethical Standards Answer: encourage behavior and practices that are "right and good" ================================================== Question: Scope of Competence Answer: areas of skill or expertise a mental heath practitioner possess ================================================== Question: Counter-transference Answer: when the strong reactions f a therapist prevent practitioner from being able to adequately attending to the Cx needs/Tx ================================================== Question: K1. Knowledge of laws regarding confidential communications within the therapeutic relationship. Answer: B. Clarify for the family how your therapeutic work differs from religious counseling. This response addresses your client's expectations about therapy and promotes a better understanding of the process. ================================================== Question: K2. Knowledge of laws regarding the disclosure of confidential information to other individuals, professionals, agencies, or authorities. Answer: B. Say nothing and continue seeing both clients while you monitor your counter-transference and ask colleagues for assistance with the case. It would be important to have peer supervision or a paid supervisor in cases like this where counter-transference issues are bound to arise. An eventual referral for one or both clients might be necessary also. ================================================== Question: K3. Knowledge of laws regarding holder of privilege. Answer: D. Document your crisis interventions in the first session. The laws about record-keeping require you to document any and all interventions. ================================================== Question: K4. Knowledge of laws regarding privileged communication. Answer: C. Maintain confidentiality. Based on the information given in this question you would maintain confidentiality. Juan's threat is dependant upon the death of another person which eliminates the "imminence" that breaking confidentiality under Tarasoff requires. ================================================== Question: K5. Knowledge of laws regarding the release of privileged information. Answer: B. Decline to make an appointment and refer her to another therapist. The woman who wants to become your client has a prior relationship with you as your child's piano teacher. This is an easily avoidable dual relationship since there are many other therapists that could help this woman. ================================================== Question: K6. Knowledge of legal requirements for responding to subpoenas and court orders. Answer: A. Help Hermoine with her crisis until her therapist returns. Helping Hermoine with her crisis would be the only ethical way to proceed in this instance since her new therapist cannot be reached, and she has called you for help. Even though you had terminated and were no longer her therapist, when someone calls a social worker in crisis, the law presumes at that point the existence of a special relationship in which the therapist must act in the best interests and welfare of that person. ================================================== Question: K7. Knowledge of legal criteria and requirements for providing therapeutic services to minors. Answer: C. By telephone as soon as possible and in writing within two working days. Mandated reporters must report dependent adult abuse "immediately or as soon as possible by telephone, and shall prepare and send a written report within two working days." ================================================== Question: K8. Knowledge of laws regarding documentation of therapeutic services. Answer: B. Tell minor clients how you will contact parents if you think there is an emergency. Discussing the limits of confidentiality is an element of informed consent. ================================================== Question: K9. Knowledge of laws pertaining to the maintenance/disposal of client records. Answer: D. The client has the right to withdraw from the study at any time. The client has the right to withdraw from the study at any time, and we as therapists, are to respect the client's wishes. ================================================== Question: K10.Knowledge of laws pertaining to client's access to treatment records. Answer: B. The client signed a waiver of privilege for the records. No records would be disclosed until the client or the client's representative waived privilege. ================================================== Question: K11.Knowledge of laws pertaining to the release of client records to other individuals, professionals, or third parties. Answer: C. It is a legal principle that protects client conversations unless there is a court order. Privilege is the legal right of the client not to have confidential information revealed during a legal proceeding. Only a client, judge or court order would challenge privilege. ================================================== Question: K12.Knowledge of laws regarding the consent to and delivery of services via information and communication technologies. Answer: D. Determine if you can deal with this client at this time. "A", "B", and "C" are all possibilities once you "Determine if you can deal with this client at this time." ================================================== Question: K13.Knowledge of legal requirements of the Health Information Portability and Accountability Act (HIPAA). Answer: D. Assessing whether a medication evaluation would be necessary. From an ethical point (safety-minded) of view, a therapist would first need to consider all treatment modalities to help a client. In this case, that would include considering whether his anxiety is so severe that medication would help him benefit from therapeutic interventions. ================================================== Question: K14. Knowledge of indicators of abuse, neglect, or exploitation of dependent adults. Answer: C. Being arrested for shoplifting. The law (Business and Professions Code 4982(a) says unprofessional conduct addresses licensees or registrants who have been "convicted" of an offense, not just arrested. ================================================== Question: K15. Knowledge of laws pertaining to the reporting of known or suspected incidents of abuse, neglect, or exploitation of dependent adults. Answer: C. Informing the couple of your "no secrets" policy Informing the couple of your "no secrets" policy is solely an ethical responsibility. ================================================== Question: K16. Knowledge of indicators of abuse, neglect, or exploitation of elderly clients. Answer: A. Assist them with information you deem pertinent to the situation at hand. In the event of a medical emergency it is permissible to give information to medical professionals that may be treating the client. Social workers are permitted to speak with other health professionals for purposes of treatment and diagnosis in recognition of situations such as these. ================================================== Question: K17. Knowledge of laws pertaining to the reporting of known or suspected incidents of abuse, neglect, or exploitation of elderly clients. Answer: B. Accommodate your fee since you've established a bond. Because you've established a bond, accommodating your fee would be in the best interests of the client. If an accommodated fee cannot be agreed upon, then providing three low-cost therapy referrals would be appropriate. ================================================== Question: K18. Knowledge of indicators of abuse/neglect of children and adolescents. Answer: C. Engage Bobby in a therapeutic conversation. The ethical standard is to speak with the colleague to try to rectify the issue first. ================================================== Question: K19. Knowledge of laws pertaining to the reporting of known or suspected incidents of abuse/neglect of children and adolescents. Answer: B. Make three referrals out of town. Ethically, you need to provide Liz with the containment she needs to work through her early childhood issues. This can best be accomplished by referring her to social workers in her new area rather than concretizing her transference to you, i.e., "you're the only person who can understand and help me." ================================================== Question: K20. Knowledge of symptoms of mental impairment that may indicate the need for involuntary hospitalization. Answer: A. Bill the insurer, indicating that the charge is for a missed session, and tell the client he/she is ultimately responsible for the fee. It is legal and ethical to bill insurers for missed sessions as long as this is clearly indicated in the billing codes. ================================================== Question: K21. Knowledge of protocols for initiating involuntary hospitalization. Answer: C. Document your decision to meet individually with José. An important legal obligation, since you are changing the unit of treatment from a dyad to individual treatment of a minor, is to obtain consent to treat a minor and document it. ================================================== Question: K22. Knowledge of laws regarding confidentiality in situations of client danger to self or others. Answer: C. It is unethical. LCSW's do not use their professional relationships with patients to further their own interests. ================================================== Question: K23. Knowledge of methods/criteria for identifying situations where client poses a danger to others. Answer: C. The fee and the true name and license of the designated owner of the practice. The fee and the name of the owner of the practice, if using a fictitious business name, are legally required disclosures at the onset of therapy. ================================================== Question: K24. Knowledge of laws pertaining to duty to protect when client indicates intent to cause harm. Answer: A. Legal if the therapist's informed consent information includes emergency contacts in the case that the therapist is unavailable. Information about availability between sessions or in emergencies is an element of safety planning which is both a legal and ethical requirement. ================================================== Question: K25. Knowledge of situations/conditions that constitute reasonable indicators of client's intent to cause harm. Answer: A. Decline to supervise the intern. Declining to supervise the intern is the best ethical choice given here (it is possible that with the proper ongoing consultation and responsible care, this particular dual relationship could be ethically acceptable). Although some dual relationships are considered unavoidable, particularly when there are limited choices, the ethics are less ambiguous in stating that supervisors do not take on current or former therapy clients. ================================================== Question: K26. Knowledge of laws regarding privilege exceptions in litigation involving client's mental or emotional condition as raised by the client or client's representative. Answer: B. Obtain consent-to-treat him if he changes from family therapy to individual telehealth therapy. If he is in family therapy now, but changed to individual therapy, you would need legal consent-to-treat with a minor. ================================================== Question: K27. Knowledge of laws regarding privilege exceptions where client alleges breach of duty. Answer: B. You would need to assess for child abuse. Under any circumstances in which the safety of a minor is at risk, your first legal obligation is to assess for child abuse. ================================================== Question: K28. Knowledge of laws regarding privilege exceptions in court-appointed evaluation or therapy. Answer: A. Review the fee policies outlined in your informed consent document. Going over relevant fee policies such as the basis on which it is computed, sliding scale polices or fees for late cancellations constitutes sound ethical management. ================================================== Question: K29. Knowledge of laws pertaining to privilege exceptions in defendant-requested evaluation or therapy. Answer: A. That you will need them to sign an agreement to change the treatment plan. Ethics do not require a signature on a treatment plan. ================================================== Question: K30. Knowledge of laws pertaining to the reporting of crimes perpetrated against a minor. Answer: A. Scope of competence. Anything that interferes with a clinician's ability to perform to the standard of care would be a scope of competence issue. ================================================== Question: K31. Knowledge of laws regarding privilege exceptions in crime or tort involving minors. Answer: A. Consider whether you have the appropriate education, training and experience to accept this case. Also, look at the client's goals for coming to see you. Before you take on a new case, you want to consider your level of education, training and experience to determine if you are capable of treating this client or if consultation is needed. Also, you need to consider this client's goals. If the client wants help with relationship issues, this is within your scope of practice, but if the client's needs are not relationship-oriented, then this case would be out of your scope of practice. ================================================== Question: K32.Knowledge of laws regarding sexual conduct between therapist and client. Answer: C. If the parents are divorced, review the custody papers. Determine whether one or both parents must consent. Joint custody may require one or both parents to consent. You must look over the custody papers to review what the court mandates. ================================================== Question: K33. Knowledge of legal requirements for providing client with the brochure Professional Therapy Never Includes Sex. Answer: A. Having determined that the lawyer is the child's counsel, you would release your clinical records to her, and tell your client that you are doing so. In custody or visitation proceedings, if a child is represented by an attorney, that person has the right to obtain a child's clinical records or to interview the assessing or treating social worker. Ethically, you would also discuss this confidentiality issue with your client. ================================================== Question: K34.Knowledge of laws that define the scope of clinical practice. Answer: A. Determine the family's understanding of the purpose of the therapy. Ethically, you would want to clarify the client's purpose. ================================================== Question: K35.Knowledge of laws that define professional conduct for licensed practitioners. Answer: B. Refer the client back to the insurance company. Clients who are referred by insurance companies should be referred back to the payor to get another referral. This way, they can be more sure that their sessions will be financially covered. ================================================== Question: K36.Knowledge of laws regarding disclosures required prior to initiating therapeutic services. Answer: A. You indicate to your client that she can give your number to the program coordinator. This response is the best choice. By letting the program coordinator contact you, you can avoid exploiting the client in order to advance a relationship with the program coordinator. ================================================== Question: K37.Knowledge of laws and regulations regarding third-party reimbursement. Answer: B. Self-harm behavior. Self-harm behavior is not a type of dependent adult and elder abuse. Welfare and Institutions Code defines dependent adult and elder abuse as knowledge or reasonable suspicion of the following: physical abuse, abandonment, isolation, neglect, financial abuse, and abduction. ================================================== Question: K38.Knowledge of parity laws regarding the provision of mental health services. Answer: B. Consult with professional peers regarding your discomfort. You want to be aware of how your discomfort may impact the therapy and, as an initial step, deal with it through research and consultation with colleagues. ================================================== Question: K39.Knowledge of laws regarding advertisement and dissemination of information of professional qualifications, education, and professional affiliations. Answer: C. Change the diagnosis when you have confirmed it on any insurance forms. To avoid fraud you would have to code the diagnosis you currently are considering and change it when necessary. ================================================== Question: K40.Knowledge of legal requirements regarding payment or acceptance of money or other considerations for referral of services. Answer: B. Notification to the person signing the agreement that they have a right to receive a copy of it. An Authorization to Release Confidential Information form must contain a statement that the person signing the agreement is entitled to a copy of the agreement. ================================================== Question: 3. A 17-year-old girl, Janet, is referred to you by her school counselor. Janet's nose, eyebrow, and tongue are pierced, and her hair is dyed green and yellow. Janet says that recently her twin brother Michael comes into her room at night and tries to "play sleep-over" with her. Janet tells you that a cute boy she met at a rave last week wants her to move in with him. She asks you not to tell her parents that she's seeing you because they're "extremely religious." How would you manage your ethical responsibilities if you were working with the entire family? Content Area: Ethics: Therapeutic Relationship/Services This question test your knowledge of the ethical issues that arise when treating a family unit. A. Clarify for Janet that, as a victim of abuse, she can consent to her own treatment without her parents' permission. B. Clarify for the family how your therapeutic work differs from religious counseling. C. Review your fee policy, especially as this case involves various family members and religious issues. D. Explain the limits of confidentiality to Janet with regard to sexual abuse. Answer: A. Maintain confidentiality. Claire is 18 and considered an adult. Thus, making a report would be breaching confidentiality. Social workers do not report historical abuse. Your legal obligation is to maintain Claire's confidentiality. ================================================== Question: 8. Cherilyn, your client of six months, tells you that she's recently begun having an affair with Tony. As she discusses their affair, you realize that Tony is another one of your clients whom you've been seeing for the past year with his wife and two teenage children. In order not to contaminate the therapeutic relationship with Cherilyn or Tony, what would you do? Content Area: Ethics: Professional Competence and Preventing Harm. This question checks your ability to make distinctions between difficult ethical choices and tests your understanding of dual relationships. A. Gently terminate with Cherilyn without telling her why. This preserves confidentiality, and since you've been seeing Tony and his family longer, you owe them more professional allegiance. B. Say nothing and continue seeing both clients while you monitor your counter-transference and ask colleagues for assistance with the case. C. Call an attorney and discuss legal issues around dual relationships so you can determine the best action to take. D. Continue seeing Cherilyn as usual. Ask Tony in for a private conference so you can ask about his commitment to his marriage and family, being careful not to break any confidences. Answer: D. The surveys are offered at no cost, or fees for completing the surveys are disclosed before the client begins the survey. If any fees are associated with clinical practice, social workers are legally obligated to disclose them before providing a service. ================================================== Question: 10. Your client comes to a first session in a crisis. You do not have time for a full informed consent conversation, but you tell the client the fee and your license number. What is your legal obligation now? Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of informed consent and record-keeping. A. Document your informed consent conversation within 5 days. B. Document your informed consent conversation within 10 days. C. Document your treatment plan now that the crisis has passed. D. Document your crisis interventions in the first session. Answer: D. Call up an agency designated to take such a report, follow it up within two working days with a written report, process feelings of betrayal that may result from breaking the confidence, and create a "no violence plan." This answer contains the basic steps you must take when you know of or have reasonable suspicion of elder abuse, and it shows good clinical management in processing any feelings your clients might have about their social worker filing a report. ================================================== Question: 12. Your client Juan tells you that his brother, Jose, was stabbed to death a year ago by his cousin in a drug deal gone bad. Juan further states that he told his cousin that he intends to murder him for stabbing Jose, but he is going to wait until his aunt dies because she would be too upset by the death of her only son. He tells you that the cousin lives in another state, but he will find him when the time comes. In this situation, what is your legal responsibility? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of how to proceed legally in a possible Tarasoff situation. A. Under the Ewing v. Goldstein decision you must contact the aunt and warn her about the threat to kill her son. B. Under the Tarasoff decision you must call the police and warn the victim. C. Maintain confidentiality. D. This is privileged information and may not be disclosed without a subpoena. Answer: D. Follow the guidelines as set forth in Section 1024 of the Evidence Code. The Tarasoff Decision does not pertain to the protection of physical property. However, Evidence Code 1024 states that the social worker has a "right" to warn when property is threatened. ================================================== Question: 17. Your child's piano teacher sees you at a P.T.A. meeting and says she's heard that you are a good psychotherapist and asks if she can make an appointment to see you. She says her mother recently passed away and that she is now her elderly father's caretaker. She says "the situation is bringing up a lot of anger" for her because her father sexually abused her when she was a child. In this situation, you should: Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of ethical behavior regarding potential dual relationships. A. Report the abuse to Children's Protective Services. B. Decline to make an appointment and refer her to another therapist. C. Report the abuse to Adult Protective Services. D. Make an appointment and try to help her work through the grief and anger issues. Answer: A. Tell Mr. Milsap that you cannot honor his request. Without the permission of the court or the party issuing the subpoena, a social worker may not produce a summary or alter (by omission or any other way) the treatment record subpoenaed. ================================================== Question: 20. After 6 months of treatment with Hermoine, she says that she wants to see a therapist whose sexual orientation is different than yours. After processing this over the next two sessions, you have two additional termination sessions, give her three referrals and terminate the therapeutic relationship. Several weeks later, Hermoine calls you in crisis and says her new therapist is out of town and isn't returning her phone calls. She asks you to help her. What would you do? Content Area: Ethics: Therapeutic Relationship/Services This question tests your decision-making process. A. Help Hermoine with her crisis until her therapist returns. B. It is unethical for you to work with Hermoine once you have terminated treatment with her and she has begun treatment with a new therapist. C. Tell Hermoine that you will not be able to help her since she has terminated treatment with you. D. Tell Hermoine that she should find out who is taking calls for her new therapist and speak with that person. Answer: B. Deny his request. Given the limited information we have in this scenario, denying the request would be the best course of action until proper authorization could be obtained by the dead woman's legal representative. ================================================== Question: 9. How should physical abuse of a dependent adult be reported by a mental health professional? Content Area: Law: Limits to Confidentiality/Mandated Reporting This question tests your understanding of the legal issue of reporting dependent adult abuse. A. If there is serious bodily harm, within 24 hours. B. By telephone within two working days and in writing as soon as possible. C. By telephone as soon as possible and in writing within two working days. D. By telephone as soon as possible and in writing within 36 hours. Answer: A. Answer Miriam's questions. Social workers must make a distinction between clinical interventions and ethical responsibilities. Clients have the right to such information as where the social worker went to graduate school, how long the social worker has been licensed, and if there are any areas of expertise and training. Such questions should not be treated as inappropriate or boundary violating and are part of the process of a client determining whether or not the social worker offers the kind of services the client wants or needs. ================================================== Question: *18. When unable to reach a client by phone, a social worker texts the client's mother to tell her that her son is talking seriously about running away from home because of the step-father's abuse. She texts back to tell you that he is home safely but "thanks for the heads-up." What are the social worker's ethical obligations regarding the confidentiality of minors? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to handle informed consent about the limits of confidentiality in the treatment of minors. A. Obtain written informed consent from the minor that allows texts to parents in an emergency. B. Tell minor clients how you will contact parents if you think there is an emergency. C. Tell minor clients that you will show them any texts from parents. D. Obtain informed consent from parents about your mandates to break confidentiality. Answer: B. The client. In this situation, since Jennifer has introduced her emotional condition into the trial, her right to privilege MAY be waived. Since there is no indication that she or the court has waived her privilege, it continues to be held by her. ================================================== Question: 20. You are conducting a research study on divorce. In the informed consent process, what information do you need to provide your clients? Content Area: Ethics: Business Practices and Policies This question assesses your knowledge of procedures when conducting research using human participants. A. The importance of the client remaining in the study until the very end to maintain the validity of the study. B. That dual relationships may be inevitable due to the nature of the study. C. That any information obtained may be used in the study. D. The client has the right to withdraw from the study at any time. Answer: A. Report by telephone within 24 hours to law enforcement. If physical abuse occurs in a long-term facility and does NOT result in serious bodily harm, a telephone report must be made to local law enforcement within 24 hours and a written report within 24 hours to law enforcement, the facility's licensing agency, and the ombudsman. ================================================== Question: *21. If a social worker digitally recorded a session with a client and then receives a subpoena for records because the client is claiming emotional distress, the recorded session would be provided to the court if: Content Area: Law: Limits to Confidentiality/Mandated Reporting This question tests your knowledge of how to respond to a subpoena. A. The client signed a release to record a session. B. The client signed a waiver of privilege for the records. C. The client signed a consent form allowing the session to be videotaped. D. Digital recording must be disclosed with any records in a subpoena. Answer: A. Assert client privilege. By the process of elimination, "A" is the only correct answer. None of the other choices are legal requirements. ================================================== Question: *22. A client is referred to you by his attorney. The client tells you that he is reluctant to talk to you because he doesn't want what he says in therapy coming out in court. Choose the statement that could BEST explain privilege to this client: Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of privilege. You must be able to distinguish between confidentiality and privilege as well as between law and ethics. A. It is an ethical concept involving the right of a social worker to withhold information in a legal proceeding. B. It is a legal and ethical principle which involves a restriction on the volunteering of information about a client. C. It is a legal principle that protects client conversations unless there is a court order. D. Attorney/client privilege extends to the client of a social worker that the attorney uses for referrals. Answer: A. Specify any particular limits of confidentiality as they pertain to internet security and privacy. There are no special mandated "limits of confidentiality" that pertain to telehealth, but privacy and confidentiality could be compromised in telehealth sessions, and therapists would have the ethical obligation to clarify those risks. ================================================== Question: *23. A client who was referred by his rabbi comes in to see you for issues of grief related to the loss of his mother two weeks ago. Recently your mother died too. What would you do FIRST? Content Area: Ethics: Professional Competence and Preventing Harm This question tests your knowledge of how to manage counter-transference. A. Talk about this situation in your own therapy. B. Seek professional consultation. C. Refer the client to another mental health professional who specializes in grief and loss issues. D. Determine if you can deal with this client at this time. Answer: A. Permissible under some circumstances. Ethical standards say that social workers do not usually barter or are discouraged from doing this but the standards make allowances for doing business in communities where bartering is standard practice. ================================================== Question: *24. Steven comes to you for help with debilitating anxiety. He says that his anxiety is beginning to interfere with his relationships and his job. He is afraid to drive his car because he thinks that he is going to hit someone. He doesn't know how he will ever take a girl out on a date or get to work if he doesn't get control over this. He thinks he should be able to get over this by himself. The therapist should begin by: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of ethical obligations when selecting treatment interventions. A. Teaching him relaxation techniques and pairing those with thoughts and images of driving his car. B. Explaining the benefits of a behaviorist approach for severe anxiety. C. Documenting in an initial treatment plan the client's goals for treatment of anxiety. D. Assessing whether a medication evaluation would be necessary. Answer: C. If Suzanne falls behind in her payments, give advance notice if you plan to terminate therapy. Reasonable notice of termination is required if you plan to terminate because a client has not paid. ================================================== Question: *25. Which of the following is not considered by law to be unprofessional conduct by a social worker? Content Area: Law: Legal Standards for Professional Practice This question asks you to identify unlawful unprofessional conduct. A. A conviction after pleading no contest to a DUI. B. Thanking a friend for a referral by taking her out to dinner. C. Being arrested for shoplifting. D. Poor record keeping. Answer: B. A client texts you that she is angry, that she has AIDS, and that she's going to put her "tainted blood in a syringe" and inject her partner tomorrow night. The threat was conveyed to you by your client, and it represents a serious and imminent threat to commit physical violence against a reasonably identified other. Although the laws of confidentiality require that we not report an HIV-positive client whose intentional behavior is to infect others through sex, injecting another person with a syringe without their permission constitutes an act of violence. ================================================== Question: 33. A couple comes in to see you for therapy. They are referred by the wife's individual therapist. The husband has recently discovered his wife has been cheating on him and he is unsure if he wants to continue the relationship. What is solely an ethical responsibility in treating this couple? Content Area: Ethics: Therapeutic Relationship/Services This question addresses your ethical responsibility in treating a couple. A. Getting a signed release from both the husband and the wife to speak with the wife's therapist. B. Designating a fee prior to the commencement of therapy. C. Informing the couple of your "no secrets" policy. D. Having the wife sign a release to speak with her therapist. Answer: B. Charge Andy and have him contact the insurance company. Billing the client, and letting him seek reimbursement from the insurance company is correct. This choice puts the responsibility on the client, where it belongs. ================================================== Question: *36. You get a call from the emergency room regarding one of your clients who was brought in by the PET team and is incoherent, delusional, and unstable. While they were going through his belongings they found his driver's license and your card. The psychiatrist on call wants to know if you can give them any information about this person that might be helpful. You would: Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of how to protect client safety and confidentiality at the same time. A. Assist them with information you deem pertinent to the situation at hand. B. Inform them that you cannot confirm or deny if this person is your client. C. Tell them that they will have to obtain a release signed by the client and fax it to you before you can disclose any information. D. Ask to speak with your client before disclosing any information. Answer: D. Assess the motivation behind the gift. Assessing the motivation and the value of a gift is very important in determining whether you should accept it or not. What needs to be determined is whether the act of giving the gift supports Mrs. Bailey's therapeutic process and needs. ================================================== Question: *38. You contract with a family for ten sessions, as that is all their insurance would cover. After the ten sessions they want to continue therapy but can't afford your full fee. What would you do next? Content Area: Ethics: Therapeutic Relationship/Services This question addresses your management of insurance clients with limited coverage, your sensitivity to the ethical concerns of client abandonment and ethical standards. A. Refer them to a low-fee clinic. B. Accommodate your fee since you've established a bond. C. Terminate with the family since you have met the terms of the contract. D. Assess their motivation for continuing therapy. Answer: D. Obtain consultation from each doctor about his case. The best answer choice from an ethical point of view would be to speak with each doctor. This is a scope of competence question that tests your knowledge of how to utilize consultation. ================================================== Question: *39. Cheryl and Bobby are in joint private practice. Cheryl is concerned that Bobby is becoming burned out but Bobby won't reduce his caseload. It would be appropriate for Cheryl to: Content Area: Ethics: Business Practices and Policies This question tests your knowledge of how to assess and address other professionals' competence if it endangers clients. A. Avoid making any referrals to Bobby. B. Offer to take some of his caseload. C. Engage Bobby in a therapeutic conversation. D. Report Bobby to a regulatory body. Answer: B. The advertisement must indicate the full name of the licensee and the complete license number. It is a legal requirement that the LCSW's full name and license number or associate's registration number be on the advertisement. ================================================== Question: *44. Your client, Liz, is a 17-year-old female who is leaving for college out of town at the end of the month. She was molested by her uncle as a young child and is working through these issues with you. She has developed a close working relationship with you and wants to continue to work only with you. You would: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of the legal issues that pertain to treating clients who are moving. A. Consult with a colleague about transference/counter-transference issues. B. Make three referrals out of town. C. Plan for weekly, hourly phone sessions with you. D. See her on school breaks. Answer: C. Limit the informed consent conversation to the legal requirements (fees, your business name and license) and proceed with crisis interventions. Ethically, you cannot avoid informed consent even in a crisis. So it would be ethical to give the client the legally required information and meet any crisis needs immediately. 54. All of the following would represent a permitted breach of confidentiality without the need for a client release EXCEPT: Content Area: Ethics: Business Practices and Policies This question tests your knowledge of instances in which we are permitted OR mandated to break client confidentiality. A. Filing a child abuse report. B. Ensuring safety for a suicidal client. C. Responding to a CPS caseworker's request for family history following a child abuse report. D. Calling the police to notify authorities that your client is leaving your office intoxicated and driving a motor vehicle. ================================================== Question: *45. Your client missed a regularly scheduled appointment. Your policy, made clear to the client in your informed consent document, is that clients will be billed for missed appointments. The client asks you to bill the insurance company. What would you do? Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of appropriate billing procedures. A. Bill the insurer, indicating that the charge is for a missed session, and tell the client he/she is ultimately responsible for the fee. B. Explain that billing insurance for missed sessions is insurance fraud. C. Let it go, since by law, insurers cannot be billed for missed sessions and clients with insurance are not required to pay out of pocket. D. Bill the insurance company for the session. Answer: C. Responding to a CPS caseworker's request for family history following a child abuse report. A social worker is not permitted to respond to a CPS caseworker's follow-up inquiries without a written request if the request does not specifically pertain to the child abuse report. ================================================== Question: *50. José, a 14-year-old Mexican-American boy, comes to therapy with his mother. He presents with a flat affect and avoids eye contact during the initial assessment session. During the assessment process, José remains quiet as his mother provides a list of José's symptoms and behaviors that she would like you, as the social worker, to address. Before the initial assessment session comes to an end, José requests that you meet with him individually from now on. After deciding that it would be appropriate to schedule individual sessions, what is your legal obligation? Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of the legal obligations that pertain to documentation. A. Assess whether the absence of Jose's father is having an impact on his behavior or this session. B. Refer his mother for individual therapy to avoid abandoning her as part of the treatment unit. C. Document your decision to meet individually with José. D. Ask his mother to sign a new consent form for him to be treated individually. Answer: D. Proceed with the session and carry out your duty to protect, per Tarasoff, if he identifies the potential victim. This is what you would have to do. At this point, the well-being of the intended victim outweighs the ethical concerns about informed consent. ================================================== Question: *52. After your session with Scott, you decide to buy $10,000 worth of the stock that he was talking about. In a short time the stock tailspins to 10% of its initial price offering. How would you characterize the social worker's action? Content Area: Ethics: Professional Competence and Preventing Harm. This question assesses your sensitivity to the issues of professional boundaries and dual relationships. A. It is illegal and unethical. B. As the social worker did not solicit the information, the social worker was free to purchase the stock. C. It is unethical. D. It is unethical if it interferes with the nature of the therapeutic relationship. Answer: B. The content of the therapy notes may have a harmful effect on Marsha's psychological well-being. If releasing the content of therapy notes will result in a negative impact on the minor's physical safety and/or psychological well-being, then the social worker has a right to refuse a parent's inspection of the records. ================================================== Question: *53. What is a social worker legally required to disclose to a client at the beginning of treatment as part of the ethical obligation for informed consent? Content Area: Ethics: Therapeutic Relationship/Services This question reviews your knowledge of the legal and ethical aspects of informed consent. A. The fee, the true name and license of the designated owner of the practice, and the limits of confidentiality. B. The fee and the type of license held by the social worker and the expiration date of a release authorization. C. The fee and the true name and license of the designated owner of the practice. D. The fee, the type of license held by the social worker, and limits of confidentiality. Answer: C. A client accused of assault and battery uses insanity as a defense in court. If insanity is used as a defense for a crime, then the client may have waived his or her right to privilege. ================================================== Question: 56. A therapist who performs telehealth advertises that the main advantage of internet therapy is that the client can reach a therapist in real-time. "If crises come up or just a quick question, online therapy can meet your needs right away." This advertising is: Content Area: Law: Legal Standards for Professional Practice. This question pertains to your knowledge of the legal parameters for advertising on the internet. A. Legal if the therapist's informed consent information includes emergency contacts in the case that the therapist is unavailable. B. Legal if telehealth is within the therapist's scope of practice. C. Unethical because online therapy cannot be used in a crisis. D. Unethical because clients will expect a social worker to be available 24/7. Answer: C. Engage him in a discussion of his motivation and past efforts. In the initial stages of therapy, the establishment of trust and rapport is a crucial component to successful work, which "C" embodies as it deals with the presenting problem and the underlying emotions associated with it. ================================================== Question: *63. Eli has relocated his psychotherapy practice from a big city to a small town. In addition to seeing clients in his office, he also takes a job as a supervisor of interns at the town's only community counseling clinic. In his second week at the clinic Eli is given a list of new interns he will be supervising and one of the interns assigned to him is a client in his private practice. This client does not know that Eli supervises at the clinic. What should Eli do? Content Area: Ethics: Business Practices and Policies This question tests your knowledge regarding supervision and dual relationships. A. Decline to supervise the intern. B. Ask the client to choose between having Eli as a social worker or a supervisor. C. Terminate the therapy since it conflicts with Eli's role as a supervisor as well as the client's desire for training and career advancement. D. Proceed as a supervisor since this is a case of an unavoidable dual relationship. Answer: C. Command auditory hallucinations telling the client his/her food is poisoned and s/he cannot go home. A client who cannot access food and housing due to mental illness, such as psychosis (auditory hallucinations), would be considered gravely disabled. ================================================== Question: *65. You are treating a family of four in therapy. The oldest child, age 17, suggested that you do telehealth sessions with him. Legally, in order to do this you must: Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of the legal parameters for the use of telemedicine/telehealth. A. Obtain written consent-to-treat from him because he is age 12 and older, to change the treatment plan. B. Obtain consent-to-treat him if he changes from family therapy to individual telehealth therapy. C. Legally obtain informed consent with the whole family to change the treatment plan. D. Determine your fee schedule for a different medium. Answer: D. Tell him that you will not be able to help him quit smoking. Using hypnotherapy to help Christopher stop smoking would have to be within the context of therapy, and not as a stand-alone treatment. Otherwise, it is outside the scope of practice. ================================================== Question: *69. Your 16-year-old client has been working on gender issues since you started treatment when he was 15. He was referred to you by his high school because he was being bullied for wearing women's make-up and shoes. Legally, what would be your first concern? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of legal requirements when treating minors. A. You would need to get consent from his parents because he is being abused at school. B. You would need to assess for child abuse. C. You would need him to sign a release to speak with his school. D. You would need to assess for possible suicidal ideation. Answer: D. Advise her to call her lawyer. Your only obligation in this situation is to maintain confidentiality and assess for a possibility of a crisis interventions. If the client is not afraid that the father will harm the children, she needs to call her lawyer to pursue legal options. ================================================== Question: *73. Audrey, age 32, comes into your office while her father, Carl, and her 4-year-old daughter Brittney stay in your waiting room. Audrey tells you that she recently lost her job after her car broke down. Now she and Brittney live with her father, Carl, and she asks, "Can I pay you when my 'ex' pays his overdue child support?" How would you manage the ethical issue of fees? Content Area: Ethics: Business Practices and Policies This questions test your knowledge of the ethics that pertain to fees, fee disclosure and fee management. A. Review the fee policies outlined in your informed consent document. B. Disclose your fee prior to providing therapy or as soon as practically possible. C. If you see Audrey alone and her father is paying, explain that she must collect the fee from him and then pay you. D. Discuss Audrey's request that you wait to be paid until the 'ex' pays his overdue child support. Answer: D. If you have any concerns for the client's safety, tell the client about the limits of confidentiality related to dependent adults. If you have concerns about a dependent adult's safety, you are legally and ethically obligated to inform the CLIENT about the limits of confidentiality. Although "Consent To Treat" came from the conservatorship, the client's rights to confidentiality are still relevant. ================================================== Question: *82. A lesbian couple that you have been seeing asks you about Emotionally Focused Therapy. One of the partners tells you that she saw it on a daytime talk show and would like to see if it can help them. What should you NOT tell them if you feel competent to do this kind of therapy? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to ethically change the treatment plan, which requires informed consent from clients. A. That you will need them to sign an agreement to change the treatment plan. B. The risks and benefits of this type of therapy. C. How you will help them determine new treatment goals that fit with EFT. D. Your skills and experience in working with EFT. Answer: C. Inform George that he will still need to pay you for therapy, but that you are willing to adjust your fee if necessary. Giving clients information about payment is a legal and scope of practice issue. ================================================== Question: 92. Cheryl and Bobby are in a joint private practice. Cheryl is concerned that Bobby is becoming burned out but Bobby won't reduce his caseload. Cheryl tells Bobby that she won't make any more referrals to Bobby. If Bobby decides to get some outside support, he is ethically managing his: Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of different ethical principles. A. Scope of competence. B. Counter-transference. C. Dual relationship. D. Scope of practice. Answer: D. Maintain confidentiality. YOUR only legal obligation here is to protect your client's confidentiality. ================================================== Question: 98. You just received a referral from a local psychiatrist. The client suffers from a severe psychotic disorder and must take psychotropic medications. You have never treated anyone with a chronic mental illness in your private practice before so you must: Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of standards for ethical client treatment. A. Consider whether you have the appropriate education, training and experience to accept this case. Also, look at the client's goals for coming to see you. B. Let the doctor know you appreciate the referral, but you are out of your scope of practice in taking on this particular client. C. Find a supervisor to assist and guide you in working with this client so that you are covered legally. D. Tell the doctor that you would like to take this case and are prepared to research this diagnosis and work closely with him so that you might effectively treat the client and expand your capabilities as a clinician. Answer: C. You are mandated to report this situation to a children's protective agency. This is a mandated report because the social worker has reasonable suspicion of neglect based on the doctor's medical diagnosis. Although the parents have consulted with a doctor, their decision to not seek care based on the doctor's findings constitutes reasonable suspicion of medical neglect. ================================================== Question: 104. A 6-year-old child has been brought in by his mother for counseling. She wants you to explain to him why he is in therapy because she feels like she doesn't have the right words, and it could scare him. How do you handle obtaining consent for the child? Content Area: Law: Confidentiality, Privilege, and Consent This question concerns consent to treat a minor and custody. A. If the parents are divorced, review the custody papers. Joint custody means both parents must consent. B. Determine the marital status of the family. If the parents are still married, then both must consent. C. If the parents are divorced, review the custody papers. Determine whether one or both parents must consent. D. If the parents are divorced, review the custody papers. Either parent may consent if they are the biological parent. Answer: D. Ask her to get you quickly up to date on her general treatment so far. Ethics require an action directed toward the client's immediate safety. You would need to know how "serious" her situation is before determining the next step ================================================== Question: *105. A social worker has been treating Mikey, age 12, for the last 8 months. He has been dealing with feelings of depression and tells you that he is not doing well in school. He tells you that his parents recently filed for divorce, and he does not know with which parent he wants to live. A few weeks later, you receive a call from an attorney who tells you that she was appointed to represent Mikey in the divorce proceedings. She is requesting a copy of your records. How do you respond in this situation? Content Area: Ethics: Therapeutic Relationship/Services This question involves legal and ethical issues related to the release of clinical records. A. Having determined that the lawyer is the child's counsel, you would release your clinical records to her, and tell your client that you are doing so. B. Ask Mikey if he would sign a release to allow you to release the records to the attorney because ethically, you must act in his best interests. C. Release records with both parents' authorization if it is in Mikey's best interests to do so. D. Do not speak with the attorney because your client's confidentiality is the more important ethical obligation in this instance. Answer: C. Discuss any suspicions that would validate terminating the client. A client's potential violence would not be a reason for terminating the client. It might be a reason, however, for breaking confidentiality. ================================================== Question: *107. Chong-Wook and Dae-Sup, a Korean-American couple in their mid-thirties who work as computer programmers, come into your office with their six-year-old adopted son, Chin-Hae. Chin-Hae's school counselor referred them to you. During the session, Chin-Hae appears restless and interrupts frequently. Chong-Wook's speech sounds slurred, and he says that he can hardly wait until Chin-Hae is in bed each night, so that he can drink some sho-chu to unwind. Chong-Wook tells you that "the fee won't be a problem, the fee is covered under the overall adoption agreement." What are your ethical obligations? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of ethical obligations. A. Determine the family's understanding of the purpose of the therapy. B. Determine the identified patient and tell Chong-Wook and Dae-Sup the fee before the first session. C. Determine the identified patient and refer to a pediatrician. D. Tell Chong-Wook and Dae-Sup the fee at the first session, and explain that you may need to consult with the school counselor and adoption agency. Answer: A. Maintain confidentiality. Mental health professionals licensed in California are only mandated reporters of Elder and Dependent Adult abuse if the victim is a resident of the state of California. Maintaining confidentiality is your legal obligation. ================================================== Question: 110. A social worker works for a managed care panel and receives most of her clients by referrals from the managed care company. A client comes for a first session, and the social worker realizes that the client has treatment expectations that are out of her scope of competence. What should the social worker do? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to manage your ethical and legal obligations when a client is out of your scope of competence. A. Speak with the insurance company about her scope of competence. B. Refer the client back to the insurance company. C. Refer the client to a colleague who can meet his needs. D. Collect the co-pay but do not bill for the session. Answer: B. Refer him to an MD. Overuse of pain medications and back pain would require a medical referral. ================================================== Question: 112. A client you have been treating, who is also a social worker, says that she was contacted by a program coordinator of a local PTA to give a talk on the emotional effects of earthquakes on children. She does not feel qualified to give the talk. Knowing that this is an area of expertise that you have, she inquires if you would be interested in doing this. What would be your response to this situation? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of dual relationships. A. You indicate to your client that she can give your number to the program coordinator. B. You thank her for thinking of you, but you refuse the offer to avoid a dual relationship. C. You tell her that you are interested and ask her to set up a meeting between you and the program coordinator. D. You wait until you terminate therapy and then remind your former client of her previous offer. Answer: D. Decline the painting and suspend treatment until Ronald pays you a significant amount towards reducing the balance due. Although this may not be a perfect solution to the problem, it does reinforce boundaries, stop the balance from getting higher, and suspend treatment in a situation in which professional judgment may be impaired and in which the client may feel exploited (as a debtor, Ronald may not feel capable of participating openly and honestly in therapy). ================================================== Question: 115. Which of the following is NOT a type of dependent adult and elder abuse? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of the parameters of elder and dependent adult abuse. A. Abandonment. B. Self-harm behavior. C. Isolation. D. Abduction. Answer: A. Assert privilege. If you are unable to contact your client, you must continue to assert privilege. You do not know what is in the client's best legal interests so all you can do is continue to assert privilege. ================================================== Question: *117. You recently get a new, male client who is visually impaired. You've never worked with a client with a physical disability and are feeling a little uncomfortable with the client when he is sitting in the room. What is the best way to handle your discomfort? Content Area: Ethics: Professional Competence and Preventing Harm. This question asks you how to handle a client who makes you "a little uncomfortable." A. Let the client know of your discomfort and ask if he would prefer a different therapist. B. Consult with professional peers regarding your discomfort. C. Deal with your counter-transference in your own therapy. D. Do research on blindness to help you with an understanding of your client's needs. Answer: B. Open a separate file if the client was in family therapy before. Maintaining treatment files for different units of treatment is a legal obligation. ================================================== Question: *120. You have been treating Anita for three sessions for depression and relationship issues. You are considering a diagnosis of Major Depression and other DSM-5 diagnoses. You are not sure which is appropriate yet. Legally: Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of how to work within your scope of practice. A. Do not treat the client unless your advertising indicates that you have expertise with depression or mood disorders. B. Consider whether it is in your scope of competence to work with depressive disorders. C. Change the diagnosis when you have confirmed it on any insurance forms. D. Do not submit insurance billing until you have confirmed a diagnosis. Answer: False, limits to confidentiality include suicide, homicide, and child abuse ================================================== Question: *125. Some clients are referred to social workers by other helping agencies and collaboration advances client welfare. Your new client tells you that she signed a release with the agency that referred her to you. You ask her to sign your release as well. Which of the following must appear on the release? Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of the legally required elements of release authorization. A. A "Notice of Privacy Practices" if the client is a "covered entity" under HIPAA. B. Notification to the person signing the agreement that they have a right to receive a copy of it. C. It must include an expiration date established by the client. D. It must state the client's diagnosis and reason for approving the release authorization. Answer: True ================================================== Question: *130. An 18-year-old woman named Claire, states in her first session that she's thrilled to be out of her home and to be away from "that monster of a father," whom she says sexually abused her since she was 15. She tells you she has a two younger siblings who still live at home. What is your legal obligation? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question assesses your knowledge of legal obligations surrounding confidentiality. A. Maintain confidentiality. B. File a child abuse report for the abuse that Claire suffered since 15. C. File a report with CPS for reasonable suspicion of abuse for Claire's younger siblings. D. Ask Claire to sign an authorization to speak with her siblings to determine if they are safe. Answer: True ================================================== Question: 131. As part of his telehealth practice, a social worker offers quick assessment surveys online to help potential clients decide if they want therapy. The surveys do not ask for any identifying information. The social worker has access to the results of the surveys but does not ask for the name of the consumer, to avoid the appearance of solicitation. This is legal if: Content Area: Law: Legal Standards for Professional Practice. This question pertains to your knowledge of legal types of advertising and fee arrangements. A. He provides referrals for any online survey respondents who are in a crisis. B. He also offers the survey to current clients at no cost. C. He advertises that the online assessments are consistent with DSM standards. D. The surveys are offered at no cost, or fees for completing the surveys are disclosed before the client begins the survey. Answer: False, this would be out of scope of practice ================================================== Question: 147. During a session with a couple in their 70's, you notice the man has a bruise on his head, and the woman tearfully admits that she loses her temper and hits him with pots and pans. In clinically managing the legal issue of elder abuse, how would you proceed? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your ability to balance your reporting responsibilities with your clinical need to maintain a safe therapeutic environment. A. Call up an agency designated to take such a report, with the two in the room, arrange for respite care, teach anger management, and create a "no violence plan." B. When the two are not in the room, call up an agency designated to take such a report, follow it up with a written report within 2 working days, create a "no violence plan," and refer to a support group. C. Create a "no violence plan," teach time-outs, arrange for a support group, and if those interventions don't work, call an agency designated to take such a report. D. Call up an agency designated to take such a report, follow it up within two working days with a written report, process feelings of betrayal that may result from breaking the confidence, and create a "no violence plan." Answer: false ================================================== Question: 1. Roger Kelly has been coming into work late, borrowing money from other employees, and creditors had begun calling him at work regarding overdue bills. He was recently fired from his job because of inadequate performance after a physical altercation with another employee. His boss terminated him and indicated that his recent change in attitude, unpredictable behavior, and job performance would have caused him to be terminated in any case. Roger is so angry about the termination that he threatens to sabotage several machines at the record-pressing factory. How should the social worker proceed? Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of Section 1024 of the Evidence Code. A. Maintain Roger's confidentiality. B. Warn the manager of the factory because this is analogous to a Tarasoff situation. C. Ethically, the social worker may choose to break confidentiality according to the Landeros vs. Flood decision. D. Follow the guidelines as set forth in Section 1024 of the Evidence Code. Answer: The services that a social worker can legally preform under a specific license ================================================== Question: 2. Your lawyer calls you to warn you that you may receive a subpoena for the complete treatment record of Mr. Milsap, who you have been treating for five years. Two months ago, Mr. Milsap received minor injuries in an accident at work in which three people were killed when a fully loaded forklift overturned. Mr. Milsap is suing for negligence and claiming severe emotional damage, including PTSD. When you tell Mr. Milsap about the subpoena, he is frantic since he doesn't want anyone to know about the brief affair he had with his secretary four years ago, which is documented in your treatment records. He asks that you submit a summary of information relevant to the accident and his PTSD or to omit from the records information about the long-ago affair. How should you respond? Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of how to legally retain records. A. Tell Mr. Milsap that you cannot honor his request. B. Submit a summary of the records related to the accident and the PTSD. C. Supply the treatment records as requested, but omit information of the long-ago affair, in accordance with the laws of privilege. D. Contact the court and seek a waiver to narrow the scope of the subpoena in order to protect your client's confidentiality. Answer: Their expertise, education, and training. ================================================== Question: 4. Three months after the death of Danielle, whom you treated for several years, you receive a written request from Arthur, her husband of 32-years, asking for access to his late wife's files. You saw them conjointly for a few sessions when Danielle requested he be there. How would you proceed? Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge regarding who has access to a client's records after their death. A. Assert privilege. B. Deny his request. C. Allow him to inspect the records. D. Provide a summary or a copy of the records. Answer: Competency means you have acquired expertise in an area within LCSW scope of practice. Generally competency is gained through education, training, and experience. ================================================== Question: 11. Miriam, a 52-year-old car saleswoman, is referred for therapy by her doctor after Miriam told him that her boyfriend broke up with her and told her that she has trouble respecting other people's boundaries and is too interpersonally aggressive. From the beginning of treatment, Miriam asks the social worker many questions about the social worker's relationships, family, hobbies and interests, and taste in music and movies. At the fifth session, Miriam asks the social worker where she went to graduate school, how long she has been licensed, and if she has any areas of expertise and training. How should the social worker respond to the questions Miriam is now asking? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of the elements of informed consent and a social worker's ethical responsibility to obtain informed consent from clients. A. Answer Miriam's questions. B. Do not answer Miriam's questions and explore her reaction to the social worker's boundary setting. C. Ask Miriam if she has concerns about the social worker's competence and experience. D. Remain silent and allow Miriam to do her own processing as part of learning to respect others' boundaries. Answer: You should refer the client to another professional. This way you are only providing one type of service to a client (thereby avoiding a dual relationship) ================================================== Question: 12. You have been treating Jennifer who has had difficulties establishing and maintaining intimate relationships with men. Several months into treatment, she was arrested for an attempted murder of a male celebrity. In her trial, Jennifer is pleading not guilty by reason of insanity. Who holds the privilege for Jennifer's therapeutic records? Content Area: Law: Confidentiality, Privilege, and Consent This question checks your comprehension of privilege. A. The social worker. B. The client. C. There is no privilege. D. The judge. Answer: Whenever it's in the best interest of the client. ================================================== Question: 13. You are seeing a 45-year-old woman in treatment. She lives with her mother, age 71, who has Alzheimer's Disease and lives in a residential facility for ongoing medical care. She tells you in session that at one point, the nursing staff kept her mother in bed for three weeks. You would: Content Area: Law: Limits to Confidentiality/Mandated Reporting. Your knowledge of reporting mandates for elder abuse is being checked. A. Report by telephone within 24 hours to law enforcement. B. Report immediately to Adult Protective Services by phone and follow-up with a written report within 36 hours. C. Report by telephone immediately to law enforcement. D. Refer her to a support group for caretakers, arrange for respite care, and work with her on issues of grief and loss. Answer: Refer the client to a doctor to discuss sleep medicine. scope of practice. LCSW cannot make medicine recommendations. ================================================== Question: 19. Your client, a 19-year-old mechanic, confides to you that he recently participated in a robbery. Two weeks later, you are served with a subpoena for information about this client's treatment. You attempt to reach your client but are unable to do so. Legally, you must: Content Area: Law: Confidentiality, Privilege, and Consent This question tests your legal requirement regarding a subpoena. A. Assert client privilege. B. Notify your client of this subpoena. C. Turn over all records as per the subpoena. D. Notify the client's attorney that you cannot reach the client. Answer: Refer to doctor to rule out medical concerns, reframe as communication issue, or refer to sex therapist. Scope of competency. Therapist does not have expertise is sex therapy ================================================== Question: 23. A social worker has decided to offer telehealth as part of her practice. Ethically, the therapist should: Content Area: Ethics: Business Practices and Policies This question tests your knowledge of how to ethically manage the limits and risks of telehealth. A. Specify any particular limits of confidentiality as they pertain to internet security and privacy. B. Avoid a dual relationship by making clear when she is available on the internet and when she is not. C. Charge and disclose an equivalent fee for telehealth as for in-person sessions. D. Anticipate an unavoidable dual relationship that could arise if in-person clients also receive telehealth services. Answer: False, hypnotherapy is in scope of practice but may not be in scope of competence. ================================================== Question: 24. George has been referred to you by his doctor for anxiety-related issues. He tells you that while he really wants to be in therapy, he can't afford it right now and asks if it would be okay if, instead of your fee, George will give you credit in the amount of your fee at the grocery store he owns in the small rural community where you both live. Ethically this would be: Content Area: Ethics: Business Practices and Policies This question tests your knowledge of dual relationships. A. Permissible under some circumstances. B. Inadvisable under all circumstances. C. A prohibited dual relationship. D. Bartering, which is prohibited by ethical standards. Answer: False, that would define scope of competency not scope of practice ================================================== Question: 37. Your new client, Suzanne, age 38, says her life feels out of control, and that she is considering getting a divorce. She is not sure she wants to keep coming to therapy. After a session, her husband Bud leaves a telephone message in which he says if Suzanne leaves him, he will kill himself. He asks that you call him back. How would you clinically manage your ethical responsibilities? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of the ethical obligations as they pertain to termination and referrals. A. Explain to Bud your "no secrets" policy and that you will have to disclose to Suzanne that he called you. B. Offer to Suzanne that she include Bud in a session but inform her of the risks and benefits first C. If Suzanne falls behind in her payments, give advance notice if you plan to terminate therapy. D. Assess Bud for suicide because you are in your professional capacity. Answer: True, get consultations based on client need. ================================================== Question: 38. Which of the following represents a Tarasoff situation? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of conditions that would impose a Tarasoff duty to protect situation. A. In a conjoint session, the wife tells her husband that before the week is over that she is "going to gun him down." B. A client texts you that she is angry, that she has AIDS, and that she's going to put her "tainted blood in a syringe" and inject her partner tomorrow night. C. A client tells you that her husband is "totally fed up with his supervisor" and is going to disfigure the man's face with a chemical solution. D. A man, who just bought a semi-automatic rifle, tells you that he is going to go on a freeway overpass and randomly shoot at passing cars. Answer: Department of Consumer Affairs (DCA) Board of Behavioral Sciences (BBS) ================================================== Question: 40. Andy, a 42-year-old actor, missed his last session. The Motion Picture Industry Pension and Health Plan pays for a portion of his sessions. How should you go about collecting his missed session fee? Content Area: Law: Legal Standards for Professional Practice. This test item focuses on legal insurance billing procedures. A. Bill Andy for the co-payment and indicate the cancelled session code with his insurance. B. Charge Andy and have him contact the insurance company. C. Bill the insurance company with the 50-minute code as usual. D. Bill Andy for the co-payment and indicate the 50-minute code. Answer: NASW, BBS, and the legal system (either civil or criminal). ================================================== Question: 43. Mrs. Bailey sees the photograph of your dogs in your office and brings you a basket of dog treats. How would you respond to her gift? Content Area: Ethics: Business Practices and Policies This ethical question regarding gifts tests your sensitivity to the issue of professional boundaries and dual relationships. A. Accept the gift in the spirit in which it was given. B. Take one of the treats as a gesture and return the rest. C. Thank her for her thoughtfulness and decline the gift. D. Assess the motivation behind the gift. Answer: True. BBS has many resources to help you do so. ================================================== Question: 46. A psychiatrist refers you a client with severe anxiety. The day before an intake session, the client calls you to ask if he can see you right away because he is afraid he will take all of the anti-anxiety medication he owns. He tells you that he is actually seeing three different doctors to get as much medication as he can. In collaborating with his doctors, which of the following would be the most ethical approach? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to collaborate and consult according to ethical (rather than legal) standards. A. File three separate releases in the client's file. B. Tell him that you plan to speak to all of his doctors with or without a release. C. Ask him which doctor he would prefer that you talk to. D. Obtain consultation from each doctor about his case. Answer: A therapist's responsibility to breach confidentiality if a client threatens an identifiable person. ================================================== Question: 49. Guidelines regarding advertising state that social workers must advertise in a way that is honest and not misleading. Which of the following is a true statement regarding advertising policies? Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of advertising principles associated with LCSW practice. A. A prelicensed social worker may not use the term "psychotherapist" on a business card. B. The advertisement must indicate the full name of the licensee and the complete license number. C. It is not permissible for an LCSW to use "Ph.D." if s/he is not a psychologist. D. A social worker cannot use the term "Psychotherapy" on a business card. Answer: Tarasoff v. Regents of the University of California ================================================== Question: 53. Maxwell, age 46, is referred to you by his EAP because he is depressed and drinking daily on the job. He witnessed a train wreck 3 weeks ago in which several people were killed. Now he says he is terrified to leave the house without a couple of drinks to calm him down. He says that every time he hears a loud noise he feels faint, and he wakes up sweating and shaking. What action would the social worker take? Content Area: Ethics: Therapeutic Relationship/Services This question tests your ability to respond to client's needs in an ethical way. A. Determine the client's ability to respond to anxiety treatment interventions. B. Evaluate the client's need for a crisis intervention, C. Limit the informed consent conversation to the legal requirements (fees, your business name and license) and proceed with crisis interventions. D. Tell him that his treatment will be confidential as it pertains to his EAP. Answer: A client told a therapist they were going to kill a woman. The therapist did not warn the woman or her parents and she was killed by the client. ================================================== Question: 54. All of the following would represent a permitted breach of confidentiality without the need for a client release EXCEPT: Content Area: Ethics: Business Practices and Policies This question tests your knowledge of instances in which we are permitted OR mandated to break client confidentiality. A. Filing a child abuse report. B. Ensuring safety for a suicidal client. C. Responding to a CPS caseworker's request for family history following a child abuse report. D. Calling the police to notify authorities that your client is leaving your office intoxicated and driving a motor vehicle. Answer: That if a client's family member tells a therapist something that makes the therapist concerned about the client's homocidality; they must warn the person. Information not source triggers duty to warn. ================================================== Question: 62. A male client comes to see you for the first time. As he talks, you begin to realize that he is definitely going to harm someone. He has a plan and is going to act, but he has not identified his intended victim to you yet. Just as he is about to tell you the identity of the name of the intended victim, you realize that you have not explained to him the limits of confidentiality: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to manage your ethical and legal obligations when a client might be dangerous. A. Tell him to stop and refer him to someone else. B. Wait until he identifies the intended victim and then explain the limits of confidentiality, as you must do as part of obtaining informed consent. C. Ask him to stop and explain to him the limits of confidentiality as part of informed consent. D. Proceed with the session and carry out your duty to protect, per Tarasoff, if he identifies the potential victim. Answer: You should ask about history of violence, other violent thoughts or fantasies, if client has a plan and if they have means/opportunity to carry out plan. ================================================== Question: 68. You have been seeing Marsha, 11, with the consent of her mother, Jan. Jan is requesting a copy of Marsha's therapy notes because she wants to provide them to the school counselor. Under which of the following conditions can you refuse Jan's request? Content Area: Law: Confidentiality, Privilege, and Consent This question assesses your knowledge of the laws pertaining to parental request of a minor's records. A. Marsha will not sign an authorization to release the information to her mother. B. The content of the therapy notes may have a harmful effect on Marsha's psychological well-being. C. Jan wants you to produce a copy of the records within 3 weeks time. D. You don't feel comfortable breaching Marsha's confidentiality. Answer: True ================================================== Question: 75. During your intake interview, you learn that your client is a lawyer. As you discuss the limits of confidentiality, the client asks, "can you plead the Fifth like I can in court?" As you consider your answer, you consider some hypotheticals. Privilege might be waived in which instance? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question is asking you to choose when privilege could be waived. A. A client is a 13-year-old girl, who you are seeing without parental consent, and has been selling drugs. B. A client has told you he has been involved in hacking a corporate database under an assumed name. C. A client accused of assault and battery uses insanity as a defense in court. D. A 64-year-old woman complains to you that her bank is making automatic withdrawals without permission. Answer: False ================================================== Question: 77. A second generation Chinese-American man comes into therapy and asks you to help him find a wife because his father is pressuring him to get married. Your FIRST intervention would be to: Content Area: Ethics: Therapeutic Relationship/Services The question asks for "your first intervention." A. Indicate that his needs would best be served by an Asian mental health professional. B. Inform him that this is an inappropriate goal for treatment. C. Engage him in a discussion of his motivation and past efforts. D. Address his presenting problem and assist him in finding a wife. Answer: true ================================================== Question: 85. Which of the following conditions would meet the definition for being gravely disabled under 5150 criteria? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of conditions which define a person as being gravely disabled. A. Command auditory hallucinations telling the client to kill other people. B. Command auditory hallucinations telling the client to kill him or herself. C. Command auditory hallucinations telling the client his/her food is poisoned and s/he cannot go home. D. Choosing to be homeless. Answer: False. ================================================== Question: 87. After completing a three-month course on hypnotherapy, you decide to advertise your new specialty. You receive a call from Christopher, who says he would like to come in for a session, so that you could hypnotize him to stop smoking. He says he's tried the patch and nicotine gum, but he needs your help to quit once and for all. How would you respond to Christopher's request for treatment? Content Area: Law: Legal Standards for Professional Practice. This question deals with scope of practice for mental health professionals. A. Make an appointment because hypnotherapy is now part of your scope of competence. B. Inform him of your fee before the commencement of treatment. C. Refer him to a medical doctor. D. Tell him that you will not be able to help him quit smoking. Answer: 1. Identify risk factors 2. identify protective factors 3. conduct suicide inquiry 4. determine risk level/appropriate intervention 5. document what you did and why ================================================== Question: 89. Your client has two children and is divorced. She tells you that when she arrived at her ex-husband's house last night to pick up the children, he had locked the doors and texted her that, "Me and my children are moving across the country." He has no criminal history, but she is afraid she will never see her children again. Which of the following is the clinician's first intervention? Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of when to make referrals for expertise outside of your scope of practice. A. Advise her to call Child Protective Services for abduction. B. Explore the events immediately preceding this one. C. Call the police. D. Advise her to call her lawyer. Answer: Identify risk factors (PTSD diagnosis, job loss, intoxication/possible substance abuse, talking about death, past suicidal threats and gestures.) Ask directly about suicidal ideation, plan, intent and past behaviors). Decide if client is harm to self or not. if yes, 5150 and document if no, go over protective factors, support system, hotline #s, and document. ================================================== Question: 98. A person calls telling you that she is your client's conservator. Your client is physically disabled and has told you about the challenges associated with being under conservatorship. The client tells you that she hates not being able to make her own decisions. How do you manage your ethical obligations related to informed consent? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge about the ethical requirements for informed consent. A. If you have any concerns for the client's safety, tell the conservator about the limits of confidentiality related to dependent adults. B. Determine the type of conservatorship. LPS conservatorships allow the conservator to consent to treatment. C. Tell the conservator about your mandate to report dependent adult abuse. D. If you have any concerns for the client's safety, tell the client about the limits of confidentiality related to dependent adults. Answer: An 72 hour involuntary psychiatric hold. ================================================== Question: 108. George takes care of his wife, Gracie because she is unable to work. George asks you to help him manage his finances so that he is able to pay Gracie's medical bills, the family bills, and afford therapy. How should you respond to George's request and still maintain proper therapeutic boundaries? Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of how to act within your scope of practice. A. Call a financial planner that you know sometimes works on a sliding scale to explain George's situation and see if she is willing to help. B. Explain to George that you cannot use therapy time to help him with his finances because it is out of your scope of competence. C. Inform George that he will still need to pay you for therapy, but that you are willing to adjust your fee if necessary. D. Introduce George to a budget minder book, show him how to create a budget, and provide referrals to websites to find less expensive medication. Answer: False ================================================== Question: 116. Your client Silvia comes to therapy upset because she overheard her neighbor stating that he plans to shoot the mayor tomorrow evening and owns a gun. She tells you she has tried to calm him down, but he just "keeps blaming the system for his unemployment." What is your legal obligation? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question assesses your knowledge of legal obligations related to the Tarasoff ruling. A. Call the police and notify the mayor. B. Discuss options that Silvia has to prevent harm to the mayor. C. Call the police and inform them of the imminent danger. D. Maintain confidentiality. Answer: False, one component of 5150 is danger due to mental disorder. ================================================== Question: 117. Mr. and Mrs. Chavez come to see you because they are referred to you by their physician. Their doctor has told them that their youngest son has a kidney disorder that will require surgery in the near future. The couple believes that God will intervene in this situation and refuse surgery based on their religious beliefs. Which of the following statements is the BEST response to this situation? Content Area: Ethics: Therapeutic Relationship/Services This is a question concerning medical neglect. A. The parents have the final right to make critical decisions for their son's medical care. B. "Cultural competence" is an ethical obligation that requires social workers to avoid imposing their own values on the client. C. You are mandated to report this situation to a children's protective agency. D. You are legally required to inform the doctor about the parent's decision Answer: false, even if child abuse is suspected it must be reported. ================================================== Question: 120. A therapist is leaving for vacation and has referred all of her clients to you. On the day before your colleague is set to leave town, one of her clients calls you and says that she is in crisis and needs to be seen tomorrow. She adds, "my therapist told me that I could call you if I thought seriously about killing myself. Well, it feels pretty serious." Your ethical priority is to: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to intervene ethically in a potential crisis. A. Notify the referring therapist of the client's treatment needs. B. Tell the client to call her therapist who is still available in town. C. Provide the client with a crisis number hotline until you are "on duty" for these clients. D. Ask her to get you quickly up to date on her general treatment so far. Answer: False, therapists should explain both verbally and in writing. ================================================== Question: 123. A client, who is in court-mandated therapy, tells the social worker that he is going to leave the state because he doesn't want to be in therapy or go to jail for violating probation. The social worker tries to encourage the client to see the benefits of staying in therapy, but the client becomes visibly angry and agitated. If the social worker is concerned about the client's potential for violence, the reason for seeking consultation is NOT to: Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of when consultation is required to maintain scope of competence. A. Meet the legal standard of care. B. Assess the social worker's own blind spots to risk. C. Discuss any suspicions that would validate terminating the client. D. Reassess the social worker's scope of competence. Answer: false, only give information relevant to report. ================================================== Question: 127. Your 52-year-old client returns from visiting his brother in Florida. He explains that his brother, who cares for their 84-year-old father, doesn't take him to his doctor or physical therapy appointments and she occasionally forgets to fill his prescription medication. What is your legal obligation? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question assesses your knowledge of the parameters of elder abuse reporting and when to maintain confidentiality. A. Maintain confidentiality. B. Call Adult Protective Services (APS) in Florida and file a written report within two working days. C. Encourage your client to file an Elder Abuse Report. D. Call Adult Protective Services (APS) in California and file a written report within 36 hours. Answer: true. your license may also be taken away. ================================================== Question: 133. Richard, 38, tells you that he is missing more and more work due to back pain. He tells you that he has been to several doctors who prescribe pain medication because he cannot afford to take time off of work. He tells you that he skips work or leaves early because sometimes the "meds make me so tired and fuzzy in my thinking,that I would be fired if I showed up like that." As a social worker who is not experienced with substance abuse, what is your next course of action? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of when to make competent referrals. A. Refer him to AA. B. Refer him to an MD. C. Encourage him to take time off of work to get physical therapy for his back. D. Obtain consultation to determine the extent of his problem. Answer: You should inform the client that you need to report this relationship to CPS and then make the CPS report. ================================================== Question: 143. Ronald is a 37-year-old moderately successful artist you have been treating for three years for depression and relationship issues. His income is sporadic, and you bill him monthly, but he had never let his balance get too high. Now he owes you $2,100. He offers to give you a painting whose value is roughly equal to the amount he owes you. How would you proceed? Content Area: Ethics: Business Practices and Policies This question tests your knowledge of ethical issues regarding client debt, dual relationships, and bartering and techniques to manage those issues. A. Decline the painting and tell him that based on his history with you, you trust that he will pay you in full when he gets the money. B. Accept the painting so that you can eliminate the debtor/creditor dual relationship. C. Accept the painting but process with Ronald the meaning of exchanging his art for your services and have him sign a statement of mutual agreement. D. Decline the painting and suspend treatment until Ronald pays you a significant amount towards reducing the balance due. Answer: false ================================================== Question: 147. Terran came to five couples' sessions with his wife complaining about how she belittles him and expects him to act more American. Terran had a difficult time listening and compromising because he believed his wife was disrespecting him, and they terminated treatment. You receive a subpoena for his records from an attorney representing his employer and learn that he is suing his employer for discrimination and emotional suffering. When you try to contact Terran about the subpoena, he does not return your calls. You would: Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of how to proceed when you receive a subpoena. A. Assert privilege. B. Call his attorney and ask the attorney to ask Teran to call you back. C. Contact Terran's wife since she was in session and has a right to confidentiality too. D. Release the records since he has entered his emotional state into a legal proceeding and this represents an exception to privilege. Answer: true ================================================== Question: 148. A client that you treated 10 years ago terminated when her therapy goals had been reached, and she was ready. Which of the following would be legally required if this client returned to therapy with you at a new office? Content Area: Ethics: Business Practices and Policies This question tests your knowledge of how to maintain the standards of practice for documentation of client files. A. Have the client sign a new release authorization. B. Open a separate file if the client was in family therapy before. C. Sign a new informed consent form. D. Refer to another therapist if the client was a minor in therapy before. Answer: True ================================================== Question: T or F? California psychotherapists must maintain client confidentiality at all times. Answer: 65 and up or a dependent adult between ages 18 and 64 with physical and mental limitations. ================================================== Question: T or F? Based on California law, California therapists (LCSWs, LMFTs, and LPCCs) are not mandated reporters of domestic violence or intimate partner violence (IPV). Answer: true ================================================== Question: T or F? If a 13-year old has consensual sex with another who is 14 or older, it is a mandated child abuse reporting situation. Answer: false ================================================== Question: T or F? There is generally no problem with therapists providing advice to their clients regarding medication if the therapist is knowledgeable about the medication and it is deemed to be in the client's best interest. Answer: ASAP after you suspect it ================================================== Question: T or F? Research indicates that men are slightly more likely to commit elder abuse than women. Answer: within two working days. (children is 36 hours or 1.5 days) ================================================== Question: Define: Scope of Practice Answer: true ================================================== Question: What defines someone's scope of competency? Answer: false ================================================== Question: What is the difference between scope of practice and scope of competency? Answer: false ================================================== Question: If you are a LCSW and another type of license (attorney, CPA, medicine, real estate, etc.), what should you do with a client who needs both types of services? Answer: false ================================================== Question: According to the NASW code of ethics when should a LCSW seek advice or consultation on a client/case? Answer: true ================================================== Question: What should you doand which legal/ethical issue is represented? A male adult client presents personal and medical problems. The client complains about frequent and continual failures at resolving these problems. He reports trouble sleeping and repeatedly asks the therapist for specific recommendations regarding the best medication to treat insomnia. Answer: false ================================================== Question: What should you do and which legal/ethical issue is represented? The clients, a married couple, initiate therapy regarding communication problems. After three months, the husband reveals that he has had difficulty becoming sexually aroused and that sexual intercourse and intimacy have become a problem. The wife reveals that she has always had low sexual arousal. The couple now requests the therapist work with them regarding the problems in their sex life. The therapist begins to provide sex therapy to the clients, even though she has no specialized training, education, or experience in sex therapy. Answer: true ================================================== Question: T or F? A California LCSW is not permitted by law to practice hypnotherapy. Answer: false ================================================== Question: T or F? A California LMFT's scope of practice is determined by the individual's expertise, education, and training. Answer: true ================================================== Question: T or F? Obtaining one or more consultations may be appropriate if the practitioner's scope of competency is limited for a client's needs. Answer: consumer protection, managing the supply of available professionals, and promotion of the professionals that it regulates. ================================================== Question: What are the two state agencies set up to protect consumers? Answer: false ================================================== Question: Who can sanction you for doing unethical or illegal work? Answer: true ================================================== Question: T or F? It is your responsibility to keep up with changes in the law and regulations. Answer: False ================================================== Question: What does "duty to warn and protect" refer to? Answer: True ================================================== Question: What is the court case that established the duty to warn? Answer: True ================================================== Question: What happened in the Tarasoff case? Answer: True ================================================== Question: What did Ewing v. Goldstein clarify from the Tarasoff ruling? Answer: True ================================================== Question: What should you do? A client tells you they have been daydreaming about killing a co-worker who they tell you the name of. The client describes both the daydream and person in extreme detail. Answer: False ================================================== Question: T or F? Based on Tarasoff and subsequent legislation, a therapist's duty to warn and protect requires that the client present a serious danger of grave physical harm to a reasonably identifiable victim. Answer: False ================================================== Question: T or F? The patient (client) having a history of violent behavior is essential in determining whether there is a duty to warn. Answer: True ================================================== Question: T or F? Based on the Ewing v. Goldstein case, a therapist has a duty to warn an identifiable victim if the therapist receives sufficient information from a family member that leads him or her to believe that a client poses a serious risk of grave bodily injury to an identifiable victim. Answer: False ================================================== Question: T or F? Talking overtly and directly about suicide may put ideas into a client's head and trigger a suicide attempt. Answer: True ================================================== Question: What are the 5 steps in SAFE-T (suicide assessment five-step evaluation and triage)? Answer: True ================================================== Question: What should you do? A client who you are seeing for PTSD has recently been fired from their job for showing up intoxicated. The client spends most of the session discussion her father's death by suicide and how she wishes she could join him. The client has made suicidal gestures and threats before but never attempted suicide. Answer: True ================================================== Question: What is a 5150? Answer: True ================================================== Question: T or F? A therapist is likely to be held liable for a client's suicide if the therapist failed to assess and intervene in the manner generally followed by expert members of the therapist's profession. Answer: True ================================================== Question: T or F? Joe does not have a mental disorder but reports that he intends to take his life to end the pain and expense of his chronic physical illness. Joe has a plan and the means to carry out his plan; therefore, Joe can be involuntarily held on a 5150. Answer: False ================================================== Question: T or F? LCSWs must report child abuse only if they absolutely know it is happening Answer: True ================================================== Question: T or F? Therapists don't need to explain the limits of confidentiality to clients. Answer: True ================================================== Question: T or F? If a LCSW is making a mandated child abuse report, they should just fax the client's entire file to their county's CPS? Answer: False ================================================== Question: T or F? LCSW can be held criminally and civilly liable if they fail to report suspected abuse and the child dies as a result of abuse? Answer: True ================================================== Question: What should you do? A 13 year client talks to you about a romantic relationship they have just begun with a person from another school. The client talks to you about engaging in sexual behavior. The client mentions that their new partner can drive. When asked how old this person is, the client say 16. Answer: True ================================================== Question: T or F? California LCSWs or LMFTs, as mandated reporters, are required to report a reasonable suspicion of child abuse only if the practitioner is the child's therapist. Answer: False ================================================== Question: T or F? A report of sexual abuse is required when a therapist learns that a 13-year-old has had consensual sexual relations with a 15-year-old. Answer: True ================================================== Question: T or F? Statutory rape refers to sexual relations between a person age 18 or older with another under the age of 18. Although statutory rape may be illegal, it does not require a child abuse report if, for example, the minor is age 16 or 17 and the partner is 18. Answer: False ================================================== Question: How old must someone be to be defined as an "elder"? Answer: True ================================================== Question: T or F? In California, elder abuse can be both a criminal and a civil matter. Answer: False ================================================== Question: T or F? In California, LCSWs do not have to report elder or dependent adult abuse or neglect. Answer: False ================================================== Question: How soon should you call to report child or elder abuse? Answer: False ================================================== Question: How long do you have to turn a written elder abuse report in? Answer: False ================================================== Question: T or F? Older women are more likely to suffer from abuse than older men. Answer: True ================================================== Question: T or F? Research shows that men are more likely to commit elder abuse than women. Answer: False ================================================== Question: T or F? Elder abuse research indicates that the elder's spouse is most likely to abuse an elder. Answer: True ================================================== Question: T or F? California LCSW are mandated reporters for domestic violence. Answer: False ================================================== Question: T or F? California law requires a report when a health practitioner learns that a patient has suffered domestic violence, but only if the health practitioner provides medical services for a physical condition (the result of domestic violence). Answer: False ================================================== Question: T or F? Domestic violence, also referred to as intimate partner violence, is primarily defined in federal law. Answer: False ================================================== Question: T or F? Domestic violence is about one partner having power and control over the other within an intimate relationship. Answer: True ================================================== Question: T or F? The scope of practice for California LCSWs, LMFTs, and LEPs (educational psychologists) is identical. Answer: False ================================================== Question: T or F? A California LCSW or LMFT may be qualified to treat someone with self-injuring behaviors if the practitioner has obtained appropriate specialized training, education, and/or experience Answer: False ================================================== Question: What is the primary purpose of the BBS? Answer: True ================================================== Question: T or F? A mandated report is required when two 16-year-olds consensually engage in oral copulation. Answer: False ================================================== Question: T or F? California LCSWs and LMFTs are not de facto qualified to treat someone with an eating disorder. They must also be competent as a result of having acquired sufficient expertise through education, training, and experience. Answer: False ================================================== Question: Ignorance of the law is an acceptable legal defense for injuring clients. Answer: False ================================================== Question: Clients have the right to sue their clinician for abandonment. Answer: True ================================================== Question: A client is legally entitled to adequate information from the therapist before the client provides consent to treat. Answer: True ================================================== Question: Clinicians should take additional steps if necessary to insure a client's comprehension of the informed consent contract. Answer: True ================================================== Question: Couples should be informed that both reconciliation and separation are possible outcomes of therapy. Answer: True ================================================== Question: Terminating services in order to pursue a social, financial, or sexual relationship with a client is acceptable. Answer: True ================================================== Question: If a13 year-old seeks and consents for his own treatment, his parents still have a legal right to access his records. Answer: False ================================================== Question: A therapist must obtain signed informed consent prior to treatment. Answer: True ================================================== Question: When treating a couple, the clinician only needs informed consent from one of the individuals. Answer: True ================================================== Question: Termination rights for both the clinician and the client should be included in the informed consent. Answer: True ================================================== Question: Legally, fees must be disclosed before the onset of therapy. Answer: True ================================================== Question: A therapist should document that he/she obtained informed consent for treatment from client. Answer: True ================================================== Question: The therapist has an ethical and legal duty to inform clients of possible outcomes of treatment in order to remain within the standard of care. Answer: True ================================================== Question: A therapist should obtain a distinct and separate informed consent for the use of any challenging or novel modalities including any involving touch. Answer: False ================================================== Question: The clinician is responsible for providing appropriate referrals for continuity of care when the client initiates termination. Answer: True ================================================== Question: Managing confidentiality is a legal and ethical issue. Answer: False ================================================== Question: The only exceptions to confidentiality are by a client's written consent to release information or a legal mandate or legal permission to release information. Answer: True ================================================== Question: If a husband calls for information about his wife who is in treatment, the therapist should assert privilege. Answer: True ================================================== Question: The term privilege relates to the release of information in a legal setting. Answer: False ================================================== Question: A therapist is obligated to break confidentiality if there is reasonable suspicion of child abuse. Answer: True ================================================== Question: A therapist is obligated to break confidentiality if the client is suicidal. Answer: False ================================================== Question: A therapist is mandated to break confidentiality is there is reasonable suspicion of elder abuse. Answer: False ================================================== Question: If a client has a plan to vandalize someone's car, the therapist should warn the victim and warn the police. Answer: False ================================================== Question: If a new client indicates signs of hopelessness and depression, a prudent therapist would assess for suicide. Answer: True ================================================== Question: If a client makes a serious threat to harm an identifiable other, the therapist must warn the victim. Answer: True ================================================== Question: Someone over the age of 60 is considered an elder. Answer: False ================================================== Question: Therapists are mandated to report domestic violence. Answer: True ================================================== Question: If a 65-year-old woman shares that her husband hit her, the therapist should report domestic violence to the police. Answer: False ================================================== Question: When a clinician faces a legal action against them initiated by the client, the BBS or a district attorney, the therapist is permitted to break confidentiality. Answer: True ================================================== Question: If another clinician contacts you stating that he/she has a release, you may provide the information requested. Answer: True ================================================== Question: A group confidentiality contract is a good way to clarify clients' responsibility and protect the clinician. Answer: True ================================================== Question: When treating minors, it is the parent who holds privilege. Answer: True ================================================== Question: If an adult client shares they were a victim of child abuse as a minor and the perpetrator still has access to children the therapist must file a child abuse report. Answer: True ================================================== Question: Therapists are always required to obtain written consent from a parent or guardian before releasing any confidential information about a minor client. Answer: True ================================================== Question: The parent or guardian must provide legal consent for a minor's treatment if the minor is under 12. Answer: True ================================================== Question: It is a therapist's legal responsibility to make an effort to learn and understand cultural assumptions of their client. Answer: False ================================================== Question: Providing false information to an insurance company for the purpose of obtaining treatment is ethically acceptable. Answer: True ================================================== Question: Therapists have an ethical responsibility to take reasonable care in maintaining client confidentiality while using electronic devices. Answer: False ================================================== Question: If an HIV+ client discloses intent to have unprotected sex with someone, the therapist has a legal duty to warn that individual. Answer: True ================================================== Question: When informed of child abuse, a therapist must make an immediate report and follow up with a written report within 24 hours. Answer: False ================================================== Question: When informed of elder or dependent adult abuse, a therapist must make the report immediately and follow up with a written report within 3 working days. Answer: True ================================================== Question: When filing a report, the therapist is allowed to share any information about the case that he or she thinks is relevant to report. Answer: True ================================================== Question: Therapists should document their reasons for filing an abuse report. Answer: False ================================================== Question: Privilege is the right of the client to maintain confidentiality regarding the legal system. Answer: True ================================================== Question: If a client initiates a lawsuit claiming emotional injury, attorneys for the opposing side are entitled to said client's records. Answer: False ================================================== Question: Privilege is suspended if either client or therapist sues the other. Answer: False ================================================== Question: If a lawyer subpoenas a client's records without a release, and the therapist is unable to contact the client, the therapist should turn over the records. Answer: True ================================================== Question: Professional duty begins as soon as the client enters into an implicit or explicit therapeutic contract. Answer: True ================================================== Question: A therapist may provide services without consent for treatment if the client is in a crisis. Answer: False ================================================== Question: Therapists have a professional duty to know when a specialist should be utilized. Answer: True ================================================== Question: Therapists have a professional duty to know when hospitalization is required. Answer: True ================================================== Question: Authorizations to release information must include an end date. Answer: False ================================================== Question: Therapists have an ethical professional duty to collaborate or refer to improve and protect the health and wellbeing of their client. Answer: True ================================================== Question: A Tarasoff condition only exists if a client expresses a serious threat to harm an identifiable victim. Answer: False ================================================== Question: A therapist is not mandated to report consensual sex between minors when they are between the ages of 14 and 18. Answer: False ================================================== Question: If a 16 year old is having consensual sex with her 21-year-old boyfriend, the therapist must file a child abuse report. Answer: True ================================================== Question: If a 15 year old is having consensual sex with her 21-year-old boyfriend, the therapist must file a child abuse report. Answer: True ================================================== Question: If a 13 year old is having consensual sex with her 15-year-old boyfriend, the therapist must file a child abuse report. Answer: False ================================================== Question: If a client makes a threat to an unidentifiable victim, the therapist must warn the police. Answer: True ================================================== Question: Therapists must maintain mental health records. Answer: True ================================================== Question: If a therapist receives a court order for client records, the therapist should assert privilege. Answer: True ================================================== Question: Therapists should investigate child abuse if they have reasonable suspicion. Answer: False ================================================== Question: If child abuse occurs in another state, the therapist is mandated to report the child abuse in the state in which it occurred. Answer: True ================================================== Question: A therapist should inform couples of their "secret" policy before the onset of treatment. Answer: True ================================================== Question: Statements made by a client's immediate family members regarding the client's serious danger to harm someone must be considered in Tarasoff situations. Answer: True ================================================== Question: Performing any professional services outside the scope of the license is acceptable if explained to the client. Answer: False ================================================== Question: Clinicians should not engage in dual or multiple relationships with clients or former clients where there is a risk of potential harm to the client. Answer: False ================================================== Question: When dual or multiple relationships are unavoidable, clients are responsible for setting clear, appropriate boundaries. Answer: True ================================================== Question: Therapists should avoid initiating treatment when there is a known dual relationship. Answer: True ================================================== Question: When a clinician provides services to two or more people who have a relationship to each other (e.g., couples, family members), the clinician should clarify the nature of his or her professional responsibilities to each individual. Answer: True ================================================== Question: Clinicians should under no circumstances engage in sexual activities or sexual contact with current clients, whether such contact is consensual or forced. Answer: False ================================================== Question: Clinicians should not engage in sexual activities or sexual contact with clients' relatives or others with whom clients maintain a close personal relationship. Answer: True ================================================== Question: Clinicians should not provide clinical services to individuals with whom they have had a prior sexual relationship. Answer: False ================================================== Question: It is considered unprofessional conduct to engage in sexual relations with a client within two years following termination of therapy. Answer: True ================================================== Question: When obtaining a release of information, all members of the treatment unit who are old enough to consent should sign the release. Answer: True ================================================== Question: A therapist should report to CPS if they find out one of their clients is dealing drugs to junior high students in the area. Answer: False ================================================== Question: If a client has not had a complete medical evaluation in the last two years, a reasonable and prudent clinician should refer the client for a complete medical check-up. Answer: True ================================================== Question: Clinicians providing any treatment without a psychiatric consultation, when warranted, are considered to be practicing below the standard of care. Answer: True ================================================== Question: If the client has a legally designated conservator or guardian ad litem, then that person may exercise privilege on their behalf. Answer: True ================================================== Question: Parents may exercise the privilege on behalf of their child simply because they are that child's parents. Answer: False ================================================== Question: A clinician who receives a subpoena for the records of a minor client would not look to the parents or guardians for instructions on whether to release the records but would instruct the parents or guardians to petition the court for guardian ad litem status. Answer: True ================================================== Question: Clients have the right to revoke or modify release authorizations at will. Answer: True ================================================== Question: A therapist has a legal duty to prevent suicide. Answer: False ================================================== Question: Clinicians must take "appropriate preventive measures" to avert harm to suicidal clients. Answer: False ================================================== Question: Ethically, it is acceptable to wait until middle phase of treatment to determine who the unit of treatment is going to be. Answer: True ================================================== Question: Minors may only consent to their own treatment if they are over the age of 12 and are victims of abuse. Answer: True ================================================== Question: Clinicians are expected to recognize risk factors that can lead to actions resulting in harm to self or others. Answer: False ================================================== Question: Not keeping mental health records that meet the standard of care is considered illegal and unprofessional conduct. Answer: True ================================================== Question: A clinician can hospitalize a client when the client's mental or physical state causes him/her to be in imminent danger of harming self or others. Answer: True ================================================== Question: Social isolation of an elder or dependent adult is a mandated report. Answer: False ================================================== Question: A clinician can be deemed legally negligent when his/her treatment plan neglects or overlooks a client's suicidal tendencies. Answer: False ================================================== Question: When a client is over 18 years of age and discloses abuse he/she experienced as a child, the therapist is mandated to report it. Answer: False ================================================== Question: A clinician is mandated to report all child abuse, including on children residing outside the state of California. Answer: False ================================================== Question: Therapist have 3 working days following a written request from a client to allow the client to inspect records. Answer: False ================================================== Question: A therapist should keep records for a minimum of 5 year to meet the standard of the profession. Answer: True ================================================== Question: A therapist has 15 days to provide the patient with a copy of the records. Answer: True ================================================== Question: A therapist may deny a client access to their records when the therapist determines that there is a high risk of detrimental consequences to the client if the client were to see the records. Answer: False ================================================== Question: Client records are the property of the client. Answer: False ================================================== Question: The monetary value of the gift should be considered when deciding whether or not to accept a gift from your client. Answer: True ================================================== Question: A therapist may deny a parent access to the minor's record if the clinician believes releasing the records would have a detrimental effect on the therapeutic relationship. Answer: True ================================================== Question: A therapist may deny a parent access to the minor's record if the minor's wellbeing would be jeopardized by releasing records to a parent. Answer: False ================================================== Question: If parents are married, both must sign the informed consent to treat their minor child. Answer: True ================================================== Question: If parents were never married, either of them may consent for treatment of a minor child. Answer: True ================================================== Question: A 12 year old can consent for treatment if he/she is mature enough to participate intelligently in treatment. Answer: True ================================================== Question: If a minor consents to his/her own treatment, he/she is responsible for the fees. Answer: True ================================================== Question: Any advertisements must include either the exact title of the practitioner's license or the license number. Answer: Exceptions to Confidentiality: 1. Reasonable suspicion of self-harm 2. Reasonable suspicion of physical abuse with minor/elder adult (mandated report) 3. Reasonable suspicion of danger to others (Duty to Warn) ================================================== Question: It is unethical but legal to receive compensation for the referral of clients. Answer: 1. Disclose information necessary to prevent "serious, foreseeable, and imminent harm." 2. Disclose least amount of confidential information directly relevant to current situation. 3. Third party release needs consent, verbal consent accepted in emergency situations only. ================================================== Question: If a therapist uses the term "psychotherapy" or "psychotherapist" in advertisements, he/she must include his/her license number. Answer: 1. Patient holds if has no guardian or conservator. 2. Patient is dead, has a personal representative 3. Patient is a group, receive a waiver from all members 4. Patient is minor, minor holds unless court appointed parent as guardian, or if minor has attorney. ================================================== Question: Clinicians have a professional duty to discuss with their clients how insurance companies will manage their confidential information. Answer: There is no privileged communication if there is cause to believe the client is in mental/emotional condition as to be dangerous to himself/others, disclosure of communication is necessary to prevent threatened danger. ================================================== Question: Dual relationships between supervisors and supervisees are considered unprofessional conduct. Answer: Privileged communication refers to a private statement that must be kept in confidence by the recipient for the benefit of the communicator. Privilege refers to information shared in therapy and information documented in the clinical record. Privilege is a legal right. ================================================== Question: It is a therapist's legal duty to challenge a 'denial of services' from an insurance company. Answer: Within lawsuit clinician may be required to reveal details of client's treatment. (Law conflicts with Ethics) If release of information will cause harm to client, clinician should request court WITHDRAW or LIMIT the order or SEAL records from public inspection. ================================================== Question: The purpose of HIPAA is to standardize electronic patient health, administrative, and financial data. Answer: Clinician may claim privilege on behalf of the client, the client then either: 1. waives privilege and allows the clinician to provide subpoenaed information, or 2. invokes privilege and refuses to allow release of information. ================================================== Question: It is unethical to accept gifts from clients. Answer: Minors are protected by confidentiality when able to consent to treatment ================================================== Question: When a person is unable to provide food, clothing, and shelter for himself or herself due to a mental disorder, he/she is considered gravely disabled. Answer: 1. Written consent REQUIRED (even with parents). 2. HIPAA gives parents rights to access child's medical records, exceptions (a) minor alone consented to care, parental consent not required, (b) minor obtains care at direction from court ================================================== Question: The legal requirements for a 5150 (involuntary hold) include when a person is a danger to self or other due to mental illness or he/she is gravely disabled. Answer: Minor holds unless court appointed parent as guardian, or if minor has attorney. ================================================== Question: If a therapist learns that a client had sex with a previous therapist, he/she should file a complaint with the BBS. Answer: Privileged communication refers to private statements made in therapy that is kept confidential for benefit of client. Minors children hold privilege unless court identifies a guardian, clinician must assert privilege on child's behalf unless minor has attorney. ================================================== Question: If a therapist learns that a client had sex with a previous therapist, he/she should provide the client with the brochure from the BBS outlining their rights and discuss the brochure's contents. Answer: 1. In CA, 12 years and older can consent to MENTAL HEALTH TX or COUNSELING if BOTH requirements are met: (A) minor is mature enough to participate in services, AND, would present danger to himself/others without treatment, or(B) is alleged victim of incest or child abuse 2. In CA, 12 years and older can consent to MEDICAL TX AND COUNSELING relating to diagnosis/treatment of AOD problem 3. Minors cannot consent to psychotropic medication or inpatient hospitalization without parental consent. ================================================== Question: Termination may not be appropriate when a client is hospitalized, in crisis, or actively suicidal. Answer: HIPAA Privacy standards provide protection for accessing psychotherapy notes that contain content/process/clinical opinions. Psychotherapy notes must be kept separate from client chart/record. ================================================== Question: When termination is initiated by the therapist, consultation is important to ensure that the therapist's reasons for termination and management of the termination process are consistent with community standards and the standard of care. Answer: In California, providers have an obligation to preserve records for a minimum of seven years following discharge of the patient, except the records of unemancipated minors shall be kept at least one year after the minor has reached the age of 18 years, and in any case, not less than seven years. ================================================== Question: A therapist must obtain signed written consent to provide teletherapy. Answer: Request for medical records (PHI) can be denied if: 1. Access is likely to endanger life/safety of individual or other person. 2. PHI refers to another person, release likely to cause harm to that person 3. PHI is created during research (must be notified in advance.) 4. PHI was obtained from someone other than provider under promise of confidentiality and access would break that confidentiality of the source. ================================================== Question: A professional will explains who is responsible for a therapist's files and clients if the therapist dies. Answer: HIPAA privacy rules allow clients to view COPIES of medical records. Does NOT require written request. Privacy rule DOES NOT require access to psychotherapy notes. HIPAA allows clients ability to amend information in medical records they consider inaccurate, clinician has 60 days to refute/accept changes made by client. 30 days to respond to request. Clients can request report of who has accessed records for last 6 years. Clients may designate friend/family member to receive information about treatment. ================================================== Question: When there is a request for information related to any aspect of psychotherapy, each member of the treatment unit should sign the authorization before the disclosure of information. Answer: Third party disclosure should only release information on a need to know basis, clients must be told in advance if information will be shared with third parties. ================================================== Question: A therapist should immediately terminate treatment with a client if the therapist is unable to effectively manage his/her countertransference. Answer: Requires written OR verbal informed consent prior to delivering services, this becomes a part of medical record. Must be within scope of practice. Must be licensed in state client resides. ================================================== Question: If a therapist suspects that a colleague is unable to perform his/her professional duties due to personal issues (e.g., substance abuse, mental health problems), the therapist should first report him/her to the BBS. Answer: HIPAA stands for Health Insurance Portability and Accountability Act. Has 3 components: 1. Portability standards that ensure the continuity of healthcare. 2. Privacy standards that govern the disclosure of protected health information (PHI). 3. Security Standards that protect the development and maintenance of health information. ================================================== Question: Therapists should refrain from bartering for services. Answer: To ensure the continuity of healthcare: 1. Limits ability of new employer plan to exclude coverage for pre-existing conditions 2. Provides individuals opportunity to enroll in group health plan with loss of coverage 3. Prohibits discrimination against employees and family members based on medical and genetic information. ================================================== Question: Therapist should explain how fees will be managed, including in the event that the client has not paid his/her fees. Answer: The Privacy Rule: To govern the disclosure of PHI 1. Sets boundaries on use and release of health records 2. Enables clients to find out how information may be used, and about certain disclosures of their information. 3. Gives clients the right to examine and obtain a copy of health records and request corrections if needed. 4. Establishes safeguards that providers must achieve to protect PHI. 5. Enforces civil and criminal penalties if there is a violation of clients' privacy rights. ================================================== Question: A therapist has a legal right to withhold a client's records if he/she has not paid his/her fees. Answer: Any information about health status, provision of health care, or payment for health care that can be connected to a person. HIPAA standards apply only to PHI. ================================================== Question: Therapist should inform clients, to the extent possible, about the disclosure of confidential information and the potential consequences, when feasible before the disclosure is made. Answer: The Privacy Rule requires activities, such as: 1. Notifying clients about their privacy rights and how information can be used. NOTICE OF PRIVACY PRACTICES during first session. 2. Adopting and implementing privacy procedures. 3. Training any employees on privacy procedures. 4. Designating and individual responsible for monitoring adherence of privacy procedures. 5. Securing client records so they are not readily accessible to those who don't need them. ================================================== Question: If a therapist's records are stolen, the therapist should file a police report and notify the clients. Answer: 1. Caregiver not wanting elder to be seen on his/her own. 2. Caregiver providing different account of events than elder 3. Lack of cooperation from caregiver for tx plan. 4. Caregiver attempts to isolate elder from family/friends/activities. 5. Caregiver denying right to make decisions about care, living arrangements, etc. 6. Observable behaviors, such as anger or substance use. 7. Dependence of caregiver on elder for financial support. ================================================== Question: If a therapist observes an act of child abuse while shopping at the mall, the therapist is mandated to make a report. Answer: Mandated reporters required to report abuse if they observe abuse directly, if child or elder discloses abuse, or if they have reasonable suspicion of abuse. Elder abuse must report suspicions to APS ASAP and if reported by phone submit written report within 48 hours. ================================================== Question: HIPAA standards apply if a therapist communicates electronically. Answer: 1. Sudden change in behaviors; decreased grooming, staring vacantly, fear, agitation/anxiety, unexplained crying, disorientation, depression, unusual behavior (biting/rocking) 2. Discrepancy with standard of living and financial assets, depletion of assets without explanation, money or items missing, unpaid bills, reports of new will or POA. 3. Withdrawn, apathetic, fearful, anxious bxs around certain persons, not wanting to receive visits from family and friends. 4. Malnourishment (weight loss), dehydration (cracked lips/sunken eyes), poor overall hygiene, over sedation, inappropriate clothing, lack of dentures/eyeglasses. 5. Physical Injuries: bruises, unexplained injuries, multiple ER visits, broken glasses. 6. Urinary Tract Infection, vaginal or anal bleeding 7. Medical needs not attended to 8. Sudden changes in living environment, younger person moving in to care for Elderly soon after meeting. ================================================== Question: It is legal but unethical to advertise false skills and specialties. Answer: Mandated reporters required to report abuse if they observe abuse directly, if child or elder discloses abuse, or if they have reasonable suspicion of abuse. Elder abuse must report suspicions to APS ASAP and if reported by phone submit written report within 48 hours. ================================================== Question: The font on a authorization to release information must be at least 12 point. Answer: 1. Physical Abuse: burns, bites, bruises, broken bones, black eyes, fear of caretakers, fading bruises or other marks after absence of school 2. Neglect: frequent absence from school, begs for/steals food/money, needed medical or dental care/immunizations/glasses, consistently dirty/smells, lacks clothing, abuses AOD, states no one is home to provide care. 3. Sexual: difficulty walking or sitting, refuses to change or participate in physical activities, reports nightmares/bedwetting, sudden change in appetite, bizarre/sophisticated/unusual sexual knowledge/behavior, pregnant or venereal disease before 14, runs away. ================================================== Question: Changing a client's diagnosis to ensure payment by insurance is acceptable with client's consent. Answer: Mandated reporters required to report abuse if they observe abuse directly, if child or elder discloses abuse, or if they have reasonable suspicion of abuse. Required to file report immediately by phone and written report completed within 36 hours. ================================================== Question: I am going to pass this exam. Answer: 1. Does not require certainty the abuse has occurred 2. Does not require medical indication of abuse 3. Based on any information considered credible, including statements from others. ================================================== Question: A therapist must notify the BBS of change of name or address within 30 days. Answer: Examples of reasonable safeguards include: 1. Speaking quietly when discussing client's condition in public area. 2. Avoiding using names in public hallways and elevators 3. using passwords on computer files containing PHI. ================================================== Question: An incarcerated client loses their right to privilege. Answer: NASW "Social workers should provide clients with reasonable access to records" "Social workers should limit client access to records, or portions of records, only in EXCEPTIONAL circumstances when evidence suggests it would cause serious harm, with rational documented in chart" "Social workers should take steps to protect confidentiality of other individuals discussed in client records" ================================================== Question: A baby who tests positive for drugs at birth would require a mandated child abuse report. Answer: NASW " if concerned access to records might cause serious misunderstanding or harm the social worker should provide assistance in interpreting records and consultation re: records" ================================================== Question: A therapist must notify the BBS of any convictions, including a DUI, within 30 days. Answer: NASW " social workers should not engage in dual or multiple roles with clients or former clients in which there is a risk of exploitation or potential harm to the client. In instances when dual relationships are unavoidable, social workers should take steps to protect client's and are responsible for setting clear, appropriate and culturally sensitive boundaries" ================================================== Question: A conflict of interest occurs when there is a dual relationship between the therapist and client where the therapist may have personal investment and become biased with treatment. Answer: Make every effort to avoid relationships with clients that could impair professional judgment and increase risk of exploitation, document precautions taken. Examples of DUAL ROLES: counseling a friend/family member, providing individual therapy to two members in same household, providing simultaneous individual and group therapy and entering a business relationship with client. ================================================== Question: Parents who are in prison lose their rights to access their minor child's records. Answer: Duty to Warn key issues to review: 1. Client poses threat to self or others 2. Under what circumstances threat was made 3. How much time has passed since threat 4. Client possesses means and capacity 5. Duty to warn mandatory by state law? (yes in CA) 6. Threat to specific individual or public at large 7. Criteria for involuntary commitment may apply 8. If the state permits disclosure of threat if not mandatory 9. Who needs to be warned to effectively discharge duty to warn (police, victim, DMV, Physician, family member) ================================================== Question: After a client dies, the client's designated personal representative or the legal executor of his or her estate has a right under law to access the records. Answer: Tarasoff ruling states: "When a therapist determines that his patient presents a serious danger of violence to another, he incurs the obligation to use reasonable care to protect the intended victim against such danger. Therapist's duty is to make reasonable effort to communicate the threat to victim(s) and to a law enforcement agency. Failure may result in potential civil liabilities" ================================================== Question: A minor may not consent to convulsive therapy, psychosurgery, or psychotropic medication without the consent of the minor's parent or guardian. Answer: 1. presence of attitudes that support violence 2. capacity of means to carry out 3. Preparing toward violence (buying gun, breaking a law) 4. presence of an intent to carry out action 5. responses of others to clients plans 6. degree of client compliance with tx recommendations ================================================== Question: During the initial session, informed consent should include a discussion of the risks and benefits of treatment and the purpose of therapy. Answer: California's Inpatient Commitment Standard: 1. Serious risk of harm to himself/others OR 2. Gravely disabled (in immediate physical danger because unable to meet basic needs for food, clothing or shelter) ================================================== Question: If a therapist is on an insurance panel, and the insurance conducts an audit requesting client records, the therapist must provide copies of the records. Answer: Request the confinement after signing a written declaration stating the psychiatric diagnosis that the diagnosing medical professional believes to be the cause or reason why they believe the patient to be "a danger to themselves or others" or the psychiatric disorder that has rendered the patient incapable of making their own medical treatment decisions ================================================== Question: K41.Knowledge of limitations of professional experience, education, and training to determine issues outside scope of competence. Answer: disclose information as necessary to prevent "serious, foreseeable and imminent harm" to client or identified person. Disclose the least amount of confidential information to achieve desired purpose; only information directly relevant to situation" ================================================== Question: K42. Knowledge of situations that indicate a need for consultation with colleagues or other professionals. Answer: If issue of client's mental health or treatment is raised during lawsuit, a clinician might be forced by court to reveal details of client's treatment. Providers can disclose medical information when there is reasonable cause to believe client is a danger to himself/others and disclosure is necessary to prevent danger. ================================================== Question: K43. Knowledge of ethical standards regarding the protection of client rights when engaging in consultation/collaboration with other professionals. Answer: SEXUAL ASSAULT- Provider must attempt to contact parent/guardian (note date/time/outcome), does not apply if parent/guardian is perpetrator. UNLESS RAPE. RAPE - Not permitted to inform guardian without consent from minor (12 years or older) CHILD ABUSE/NEGLECT - patient privilege does not apply to information reported. Child abuse reporting act exempts clinicians from liability if they make a good faith report of abuse. ================================================== Question: K44. Knowledge of ethical methods for developing additional areas of practice or expanding competence. Answer: A tort is a civil wrong, other than breach of contract, for which the court will provide a remedy in the form of an action for damages. If client is minor child, he holds privilege. Minor's parents do not hold privilege unless court appoints as guardian. Clinician must assert privilege on behalf of minor. If minor has an attorney, attorney can make decision to waive or assert privilege. ================================================== Question: K45. Knowledge of the ethical responsibility to remain current on developments in the profession. Answer: Privilege exception when therapist has reasonable cause to believe the patient is in such a mental or emotional condition as to be dangerous to himself or other person or property of another ================================================== Question: K46. Knowledge of problems/impairments that interfere with the process of providing therapeutic services. Answer: Sexual contact of any kind between a therapist and client is unethical and illegal in the state of California. Legally, sexual contact WITHIN two years of termination is illegal and unethical. (its always unethical) ================================================== Question: K47. Knowledge of referrals and resources to assist in meeting the needs of clients. Answer: Any therapist in California who becomes aware the client had a sexual relationship with past clinician during treatment is required to give brochure entitled "Professional Therapy Never Includes Sex" and discuss with client. ================================================== Question: K48. Knowledge of methods to facilitate transfer when referrals to other professionals are made. Answer: Clinicians must be licensed in each state where they provide services within "scope of practice" of that jurisdictions license. Issue when providing telehealth services including E-therapy. ================================================== Question: K49.Knowledge of methods for collaborating with client to determine if referral(s) or other resources are clinically indicated. Answer: Informed consent Includes: goals of services, risks and benefits, approx. length of process, alternatives to therapy, fees and services incl. processes for unpaid bills, qualifications and background of clinician, treatment and emergency procedures, third party disclosures, limits to confidentiality and choices between paying with/without insurance ================================================== Question: K50.Knowledge of the potential impact of therapist's personal values, attitudes, and/or beliefs on the therapeutic relationship. Answer: Only give necessary information for reimbursement including diagnosis, fees, and insurance information. Do not include clinical notes or provide any information other that what is required for payment. ================================================== Question: K51.Knowledge of methods for managing the impact of therapist's personal values, attitudes, and/or beliefs on the client or the therapeutic relationship. Answer: Mental Health Parity Act: strove to resolve the practice of insurance discrimination. Health insurance companies offering mental health/substance abuse benefits will be required to provide equal coverage of mental/physical illnesses. Parity Act applies to group coverage of 51 or more employees. ================================================== Question: K52.Knowledge of conditions/situations that could potentially exploit or cause harm to the client. Answer: Statutes prohibit mental health providers from "advertising in a manner that is false, fraudulent, misleading or deceptive" Example: Your sxs will improve by 50% with this treatment. Common Example: dishonesty about credentials. ================================================== Question: K53. Knowledge of methods for managing boundaries and/or professional relationships with the client. Answer: 1.05 Cultural Competence and Social Diversity Social workers should obtain education about and seek to understand the nature of social diversity and oppression with respect to race, ethnicity, national origin, color, sex, sexual orientation, gender identity or expression, age, marital status, political belief, religion, immigration status and mental or physical disability. ================================================== Question: K54. Knowledge of ethical standards regarding protecting the client's wellbeing in potential conflict of interest situations. Answer: 4.02 Discrimination Social workers should not practice, condone, facilitate, or collaborate with any form of discrimination on the basis of race, ethnicity, national origin, color, sex, sexual orientation, gender identity or expression, age, marital status, political belief, religion, immigration status, or mental or physical disability. BBS licensees may be subject to disciplinary action for "refusing, or aiding or inciting another licensee to refuse to perform licensed services because of the prospective recipient's race, color, sex, religion, ancestry, disability, marital status, or national origin." ================================================== Question: K55.Knowledge of relationships that can be potentially detrimental to the client and/or therapeutic relationship. Answer: 1. Knowledge: client's culture, communication style, help seeking behaviors. 2. Professional sills: application of techniques that prove effective with diverse populations, ability to discuss racial and ethnic issues, ability to use resources on behalf of minority clients. 3. Personal attributes: Willingness to work with diverse populations and ability to communicate genuine warmth and empathy. ================================================== Question: K56.Knowledge of methods to prevent impairment to clinical judgment and/or harm to the client in situations where multiple relationships are unavoidable. Answer: 1.05 Cultural Competence and Social Diversity Social Workers should obtain education about and seek to understand the nature of social diversity and oppression with respect to race, ethnicity, national origin, color, sex, sexual orientation, age, marital status, political belief, religion and mental/physical disability. ================================================== Question: K57.Knowledge of the potential for client harm or exploitation associated with sexual activity or contact between therapist and client. Answer: 1.03 Informed Consent Informed consent is an opportunity for the therapist and client to make sure they understand their shared venture. Providing client with the information they need to become active participants in the therapy relationship begins with initial session and continues throughout counseling. Promotes active cooperation of clients. ================================================== Question: K58. Knowledge of ethical standards regarding engaging in sexual activity or contact with client and/or others with whom the client has/had a personal relationship. Answer: 1.07 Privacy and Confidentiality Social workers should protect the confidentiality of all information obtained in the course of professional service, except for compelling professional reasons. The general expectation that social workers will keep information confidential does not apply when disclosure is necessary to prevent harm to self/others. In all instances, social workers should disclose the least amount of information that is directly relevant to the purpose for which the disclosure is made should be revealed. ================================================== Question: K59. Knowledge of ethical standards regarding entering into a therapeutic relationship with former sexual partners. Answer: 1.02 Self-determination Social workers respect and promote the right of clients to self-determination and assist clients in their efforts to identify and clarify their goals. ================================================== Question: K60.Knowledge of the ethical responsibility to provide client with information regarding the therapeutic process. Answer: 2.01 Respect (a) Social workers should treat colleagues with respect an should represent accurately and fairly the qualifications, views and obligations of colleagues. (b) Social workers should avoid unwarranted negative criticism of colleagues in communications with clients or with other professionals. (c) Social workers should cooperate with social work colleagues and with colleagues of other professions when such cooperation serves the wellbeing of clients. ================================================== Question: K61. Knowledge of disclosures that facilitate client's ability to make informed decisions regarding treatment. Answer: 2.03 Interdisciplinary Collaboration Social Workers who are members of an interdisciplinary team should participate in and contribute to decisions that affect the well-being of clients by drawing on the perspectives, values, and experiences of the social work profession. professional and ethical obligations of the team as a whole and of its individual members should be clearly established. ================================================== Question: K62. Knowledge of client's right to self-determination in making decisions regarding therapeutic services received. Answer: ?? ================================================== Question: K63. Knowledge of methods for communicating information pertaining to informed consent in a manner consistent with developmental and cultural factors. Answer: 3.04 Client Records (a) Social workers should take reasonable steps to ensure that documentation in records is accurate and reflects the services provided. (b) Social workers should include sufficient and timely documentation in records to facilitate the delivery of services and to ensure continuity of services provided to clients in the future. (c) Social workers' documentation should protect clients' privacy to the extent that is possible and appropriate and should include only information that is directly relevant to the delivery of services. (d) Social workers should store records following the termination of services to ensure reasonable future access. Records should be maintained for the number of years required by state statutes or relevant contracts. ================================================== Question: K64. Knowledge of the right and responsibility of legal guardian/representative to make decisions on behalf of clients unable to make informed decisions. Answer: D. Follow the guidelines as set forth in Section 1024 of the Evidence Code. The Tarasoff Decision does not pertain to the protection of physical property. However, Evidence Code 1024 states that the social worker has a "right" to warn when property is threatened. ================================================== Question: K65. Knowledge of methods for protecting client's welfare when client is unable to provide voluntary consent. Answer: A. Tell Mr. Milsap that you cannot honor his request. Without the permission of the court or the party issuing the subpoena, a social worker may not produce a summary or alter (by omission or any other way) the treatment record subpoenaed. ================================================== Question: K66.Knowledge of the effects of concurrent mental health treatments on the provision of therapeutic services. Answer: A. A small town where social worker and cashier (client) see each other at the local store. The cashier/client would not present an inappropriate dual relationship. This would be an instance, especially in a small town where the number of stores may be limited, where the contact in the community may be unavoidable. ================================================== Question: K67. Knowledge of methods for establishing collaborative professional relationships to improve the welfare of the client. Answer: B. Deny his request. Given the limited information we have in this scenario, denying the request would be the best course of action until proper authorization could be obtained by the dead woman's legal representative. ================================================== Question: K68. Knowledge of ethical standards regarding the protection of client rights when engaging in consultation/collaboration with other professionals. Answer: B. Required to maintain confidentiality. A social worker is legally obligated to maintain confidentiality in this instance. ================================================== Question: K69.Knowledge of methods for identifying the "client" and the nature of relationships when providing therapeutic services to more than one person. Answer: B. Explain the nature of dual relationships to her. Explaining dual relationships to her would be the best way to start, and the question is asking what you would do FIRST. What you decide from this point depends on the size of your town and whether you believe this is an avoidable dual relationship. ================================================== Question: K70. Knowledge of the impact of client unit, therapeutic modality, and involvement of multiple systems on confidentiality. Answer: B. Maintain confidentiality and process her feelings. The law is clear that you need to maintain confidentiality when the transmission of HIV is by sexual means. ================================================== Question: K71. Knowledge of the factors that impact the therapeutic relationship. Answer: C. Make another appointment for both of them since the couple is your client. In conducting marital therapy, your client is the couple. By asking that both partners be present, you are demonstrating that you do not take sides. This might encourage the wife to attend the next session in order to explore her feelings of being treated unfairly. ================================================== Question: K72. Knowledge of methods for managing confidentiality and privacy issues when providing concurrent therapy. Answer: C. Give Abby a copy of the booklet "Professional Therapy Never Includes Sex" and discuss the contents with her. You are legally obligated to give a client, who reports having had sexual contact with a previous mental health provider, the booklet "Professional Therapy Never Includes Sex" as well as discuss the contents of the booklet with her. ================================================== Question: K73. Knowledge of methods for managing confidentiality and privacy issues when treatment involves multiple systems or third parties. Answer: D. Telling the client that her not paying you establishes an exception to confidentiality because it is a breach of duty. A client's failure to pay does represent a legal "breach of duty" but that is not related to how you would proceed with collections. ================================================== Question: K74.Knowledge of ethical standards regarding the management of confidentiality issues that arise in the therapeutic process. Answer: A. Answer Miriam's questions. Social workers must make a distinction between clinical interventions and ethical responsibilities. Clients have the right to such information as where the social worker went to graduate school, how long the social worker has been licensed, and if there are any areas of expertise and training. Such questions should not be treated as inappropriate or boundary violating and are part of the process of a client determining whether or not the social worker offers the kind of services the client wants or needs. ================================================== Question: K75.Knowledge of methods for managing the impact of confidentiality issues on the therapeutic relationship. Answer: B. The client. In this situation, since Jennifer has introduced her emotional condition into the trial, her right to privilege MAY be waived. Since there is no indication that she or the court has waived her privilege, it continues to be held by her. ================================================== Question: K76.Knowledge of methods for assessing level of potential danger or harm to client or others. Answer: A. Report by telephone within 24 hours to law enforcement. If physical abuse occurs in a long-term facility and does NOT result in serious bodily harm, a telephone report must be made to local law enforcement within 24 hours and a written report within 24 hours to law enforcement, the facility's licensing agency, and the ombudsman. ================================================== Question: K77. Knowledge of ethical obligations regarding the management of safety needs. Answer: C. Indicate that you cannot make life decisions for a client. Social workers respect the right of patients to make decisions and inform them that their decisions are their own responsibility. ================================================== Question: K78. Knowledge of methods and procedures for managing safety needs. Answer: A. Get a release to speak with the pastor and discuss his reason for the referral and how the two of you might work together. This would be the most ethical and clinically efficacious way to proceed. The pastor may have relevant information impacting your treatment of the wife, and it would be important to establish a working relationship with your client's other counselor. ================================================== Question: K79.Knowledge of the impact of legal and ethical obligations on the therapeutic relationship. Answer: D. Determine if you can deal with this client at this time. First you would have to assess the client's best interests; only if you can continue to work with the client would you need to manage your counter-transference. ================================================== Question: K80. Knowledge of methods for protecting the best interest of the client in situations where legal and ethical obligations conflict. Answer: C. Refer to legal aid for restraining order help or to assist with assault charges. Eugenia is thinking about a temporary restraining order, and the help a social worker would give would be in directing her to the appropriate resources. It would be out of your scope of practice to give her legal advice yourself. ================================================== Question: K81. Knowledge of methods for protecting the best interest of the client in situations where agency and ethical obligations conflict. Answer: B. Inform the client that you will be unable to see him until he has terminated with his current therapist. Informing the client that you will be unable to see him until he has terminated with his current therapist would be the most ethical solution. ================================================== Question: K82.Knowledge of diversity factors that potentially impact the therapeutic process. Answer: A. Assert client privilege. By the process of elimination, "A" is the only correct answer. None of the other choices are legal requirements. ================================================== Question: K83. Knowledge of ethical standards regarding nondiscrimination. Answer: D. Call Adult Protective Services and an agency designated to take a child abuse report immediately. Call Adult Protective Services immediately because there is reasonable suspicion of an elder being isolated. Call an agency designated to take a child abuse report because Kevin is still a minor, and he is reporting having witnessed spousal abuse that caused him distress. ================================================== Question: K84. Knowledge of ethical standards for providing therapeutic services congruent with client diversity. Answer: B. When the therapist recognizes that the client is suicidal. Although being suicidal all by itself may not yet be a crisis, clients who are in potential danger must be referred to services they can access close to where they live. ================================================== Question: K85. Knowledge of methods to gain knowledge, awareness, sensitivity, and skills necessary for working with clients from diverse populations. Answer: A. Evaluate whether Maria can benefit from therapy if they continue in conjoint therapy. You are ethically obligated to assess if a client can benefit from treatment. A conjoint unit may not be in this client's best interests. ================================================== Question: K86.Knowledge of the collaborative role between therapist and client in the therapeutic process. Answer: A. Specify any particular limits of confidentiality as they pertain to internet security and privacy. There are no special mandated "limits of confidentiality" that pertain to telehealth, but privacy and confidentiality could be compromised in telehealth sessions, and therapists would have the ethical obligation to clarify those risks. ================================================== Question: K87. Knowledge of the client's right to make decisions regarding therapeutic services. Answer: A. Permissible under some circumstances. Ethical standards say that social workers do not usually barter or are discouraged from doing this but the standards make allowances for doing business in communities where bartering is standard practice. ================================================== Question: K88. Knowledge of methods to assist client to make decisions and clarify goals. Answer: C. Consider breaking confidentiality to ensure his safety. Evidence Code 1024 gives social workers the right to break confidentiality to ensure the safety of their client. This is the best answer of the choices. ================================================== Question: K89. Knowledge of methods for establishing collaborative professional relationships to improve the welfare of the client. Answer: B. A 12-year-old depressed male whose cultural background strongly discourages therapy. If a minor is at least 12 years old and is mature enough to participate in outpatient treatment, you may provide treatment without parental consent for various clinical issues if, in your professional opinion, parental involvement would be ill-advised. ================================================== Question: K90. Knowledge of ethical standards for participating as a member of an interdisciplinary team. Answer: C. Discuss the possibility of trading carpooling in exchange for some of the cost of therapy. Carpooling in exchange for the cost of therapy is the least appropriate option of the choices given. ================================================== Question: K91.Knowledge of methods for evaluating client's capacity to advocate on own behalf. Answer: A. Ask him to tell you more about his ideas of therapy and his mistrust of you. When working with clients who have culturally-based expectations of therapy or who may view the social worker with mistrust, it is important to first form an alliance with the client. Expressing interest in the client's experience and feelings is one way to form an alliance. ================================================== Question: K92. Knowledge of ethical standards pertaining to interacting with third-party payers. Answer: C. Discuss with Arlen under what circumstances, such as obtaining a new job, you will re-establish his original fee structure. When making a temporary fee reduction, in order to maintain clear ethical boundaries about fees and payments, you should make certain Arlen knows the expectations about when you will resume charging him his original customary fee. ================================================== Question: K93. Knowledge of ethical standards pertaining to interacting with other service delivery systems. Answer: A. Ethically responsible to provide her with referrals. There is no legal obligation to report spousal abuse, but there is an ethical responsibility to ensure client safety. Therapeutically, this may consist of a referral to a shelter, an attorney for a restraining order, and/or the establishment of separate living quarters. This can be followed by long-term interventions such as the implementation of anger management and improved communication skills. ================================================== Question: K94. Knowledge of methods for enhancing client's ability to meet own needs. Answer: C. Ethically, you could contact the boss under the auspices of Evidence Code 1024. You may ethically break confidentiality under Evidence Code 1024 to warn the boss of the client's plan/intent to damage his car. ================================================== Question: K95.Knowledge of ethical considerations and conditions for interrupting or terminating therapeutic services. Answer: D. Journal your feelings, and discuss your feelings in peer consultation to regain perspective of what is going on. The most ethical way to deal with counter-transference is through journaling, peer consultation and personal therapy, in an attempt to regain perspective. ================================================== Question: K96. Knowledge of referrals/resources to provide consistent care in the event therapeutic services must be interrupted or discontinued. Answer: B. Do not contact the father and maintain the client's confidentiality. You would maintain the client's confidentiality because she has the legal right to it, and suicide is not a mandated breach of confidentiality. You might consider breaking her confidentiality if her suicidal ideation includes an imminent plan and time frame, but the vignette does not indicate crisis-level suicide that would warrant a breach of confidentiality. ================================================== Question: K97. Knowledge of methods to facilitate transfer when referrals to other professionals are made. Answer: B. Tell them how individual therapy will be different from conjoint therapy. In order to help them make the decision about starting individual therapy, you would provide some parameters so you have informed consent. ================================================== Question: K98.Knowledge of factors and/or conditions that indicate client is ready for termination of therapeutic services. Answer: B. Obtain confirmation about their benefits before the first session. You would need to confirm the client's benefits (payment policy set by the insurance company) before starting therapy. This is equivalent to setting the fee before therapy. ================================================== Question: K99. Knowledge of factors and/or conditions that indicate client is not benefiting from treatment. Answer: B. Honor the original agreement, and if your ability to work with this client feels compromised, discuss your concerns with the client and offer to help her transition to another therapist because of the ethical conflict. Ethically, a therapist would be obliged to honor the original agreement. If the therapist's feelings were interfering with the ability to do good therapy, then it would be ethically correct to find the client another therapist and to explain to the client the reasons to do so. Ethical standards say that therapists have the right to terminate treatment for reasons including ethical conflicts. ================================================== Question: K100. Knowledge of methods for managing the termination process. Answer: C. If Suzanne falls behind in her payments, give advance notice if you plan to terminate therapy. Reasonable notice of termination is required if you plan to terminate because a client has not paid. ================================================== Question: K101. Knowledge of methods to prevent client abandonment and/or client neglect. Answer: B. A client texts you that she is angry, that she has AIDS, and that she's going to put her "tainted blood in a syringe" and inject her partner tomorrow night. The threat was conveyed to you by your client, and it represents a serious and imminent threat to commit physical violence against a reasonably identified other. Although the laws of confidentiality require that we not report an HIV-positive client whose intentional behavior is to infect others through sex, injecting another person with a syringe without their permission constitutes an act of violence. ================================================== Question: LEGAL: Confidential Communications Therapeutic Relationship Answer: B. Discuss the situation and attempt to negotiate a fee acceptable to both of you. This is the best answer of the choices given. Although Roberto thinks you should accept his co-payment as the fee, you still have not attempted to negotiate a mutually acceptable fee. This discussion would be your next step. If you could not agree on a fee, he should be given a lower-cost referral to provide for continuity of treatment. ================================================== Question: LEGAL: Disclosure of Confidential Information to individuals, professionals, agencies and authorities Answer: B. Charge Andy and have him contact the insurance company. Billing the client, and letting him seek reimbursement from the insurance company is correct. This choice puts the responsibility on the client, where it belongs. ================================================== Question: LEGAL: Identify Holder of Privilege (age, legal status, content of therapy) Answer: C. 24 months. According to the NASW code of Ethics, if a social worker waits a minimum of two years to begin a romantic relationship with a client, that social worker is adhering to the standards. Ideally, social workers do not pursue romantic relationships with clients at all, however. ================================================== Question: LEGAL: Laws regarding Privileged Communication Answer: D. Offer a sliding fee for the intermittent sessions. There is no legal or ethical requirement to slide fees as part of termination. ================================================== Question: LEGAL: Privileged COMMUNICATION in Legal/Judicial Matters Answer: D. Assess the motivation behind the gift. Assessing the motivation and the value of a gift is very important in determining whether you should accept it or not. What needs to be determined is whether the act of giving the gift supports Mrs. Bailey's therapeutic process and needs. ================================================== Question: LEGAL: Laws regarding RELEASE of privileged information in judicial/legal matters Answer: A. Must gather as much information as possible and make a report of physical abuse to Adult Protective Services since this woman is a dependent adult. Given her severe cerebral palsy and wheelchair use and probable dependence on her boyfriend or others for some assistance, this is the best answer. The report must be made immediately by telephone and a follow-up written report must be made within 2 working days. Note that just being a wheelchair user does not necessarily mean that one is "dependent." ================================================== Question: LEGAL: Laws regarding privileged information in RESPONDING to subpoenas and court orders. Answer: D. Ask Mrs. Baker what she means by "help." This is a way of providing informed consent about client's expectations. ================================================== Question: LEGAL: Confidentiality with MINORS Answer: D. Obtain consultation from each doctor about his case. The best answer choice from an ethical point of view would be to speak with each doctor. This is a scope of competence question that tests your knowledge of how to utilize consultation. ================================================== Question: LEGAL: Disclosure of Confidential information to other individuals, professionals, agencies or authorities when working with MINORS. Answer: C. The purpose of the release and the social worker's license number. The purpose of the release and the social worker's license number would both be on a release of information form. ================================================== Question: LEGAL: Holder of privilege with MINORS Answer: B. Domestic violence. Domestic violence does not usually fall under the exceptions to confidentiality unless a child abuse report needs to be filed as a result of the domestic violence or if the abused party is under the protected class of individuals. ================================================== Question: LEGAL: Laws regarding privileged communication with MINORS Answer: B. The advertisement must indicate the full name of the licensee and the complete license number. It is a legal requirement that the LCSW's full name and license number or associate's registration number be on the advertisement. ================================================== Question: LEGAL: Legal criteria/requirements for providing services to MINORS Answer: A. Agree to see his referral. Ethically, you could agree to see this referral. An acquaintance who refers business to you would not constitute a dual relationship. ================================================== Question: LEGAL: Laws regarding documentation of therapeutic services. Answer: C. Evaluate whether or not you can continue to work effectively with this client. The first priority is to determine if you can work effectively with the client. ================================================== Question: LEGAL: Laws regarding maintenance/disposal of records Answer: B. Maintain confidentiality and assess for possible elder abuse. There are no reporting mandates here since Mollie is not an elder or dependent adult. Assessing further for elder abuse is something you certainly could do, because there is violence in the relationship, and Roland is an elder. ================================================== Question: LEGAL: Laws pertaining to client's access to tx records, REQUEST CAN BE DENIED IF: Answer: C. Limit the informed consent conversation to the legal requirements (fees, your business name and license) and proceed with crisis interventions. Ethically, you cannot avoid informed consent even in a crisis. So it would be ethical to give the client the legally required information and meet any crisis needs immediately. ================================================== Question: LEGAL: Laws pertaining to client's access to tx records Answer: C. Responding to a CPS caseworker's request for family history following a child abuse report. A social worker is not permitted to respond to a CPS caseworker's follow-up inquiries without a written request if the request does not specifically pertain to the child abuse report. ================================================== Question: LEGAL: Laws pertaining to release of records to other individuals, professionals, or third parties. Answer: A. You find another landscaper to install the pond and do not make any attempt to engage Tom's cousin in a business transaction. Ethical standards prohibit business ventures or social interactions with a patient, spouse, partner, or family member. Hiring Tom's cousin would be considered an unethical dual relationship. ================================================== Question: LEGAL: Telehealth regulations regarding consent and delivery of services via information and communication technologies Answer: A. Tell the client directly the social worker's concerns if the client does not return to therapy. Ethically, the social worker is obligated to have a direct informed consent conversation with a client, even clients who are acutely symptomatic. ================================================== Question: LEGAL: HIPAA legal requirements Answer: B. Discreetly confront your colleague about his drinking. Ethics standards strongly encourage social workers to intervene when colleagues are risking client care. ================================================== Question: LEGAL: HIPAA and PORTABILITY standards Answer: D. Since Maya is 15 years old, the rape would constitute child abuse. Although Maya is an emancipated minor, she is only considered an adult in certain legal circumstances. As a minor, a social worker is required to report abuse, which rape clearly is. ================================================== Question: LEGAL: HIPAA and PRIVACY standards Answer: C. It is not legal for her to offer compensation for referrals. It is illegal for mental health professionals to offer compensation or rewards for referrals. ================================================== Question: LEGAL: Protected Health Information (PHI) Answer: C. Your fee. Disclosing your fee is legally required prior to the commencement of therapy. ================================================== Question: LEGAL: The Privacy Rule (implications in practice) Answer: D. Based on her explanation regarding the meaning behind the gift, it would be sensible to accept the sweetbread and offer to share it with them at this last session. This would be the most appropriate response. Ethical standards are guidelines and there are circumstances in which other considerations, such as cultural issues, would allow for accepting a gift of this nature. ================================================== Question: LEGAL: Indicators of abuse, neglect or exploitation of DEPENDENT ADULTS Answer: D. Proceed with the session and carry out your duty to protect, per Tarasoff, if he identifies the potential victim. This is what you would have to do. At this point, the well-being of the intended victim outweighs the ethical concerns about informed consent. ================================================== Question: LEGAL: Laws pertaining to reporting known or suspected abuse of DEPENDENT ADULTS Answer: B. Obtain the client's promise not to harm him/herself until you meet again and use a "self care" contract to reinforce the promise. If a client promises, in writing, not to harm him/herself until your next meeting, and the social worker reasonably believes that the client agreed in good faith, this would be a reasonable step to ensure the client's safety. ================================================== Question: LEGAL: Indicators of abuse, neglect or exploitation of ELDERLY clients Answer: B. Asking your client, who is a contractor, for information about drywall. Engaging in a separate and distinct relationship either spontaneously, within a therapeutic relationship or after a reasonable period of time following the termination of the therapeutic relationship, constitutes a dual relationship. This is an ethical issue. ================================================== Question: LEGAL: Laws pertaining to reporting known or suspected abuse of ELDERLY Clients Answer: A. Consider offering to see Jamal on a sliding scale or pro bono basis. This is the most ethical choice. Considering whether to see Jamal on a sliding scale or pro bono basis would address Lisa's apparent financial stresses and allow Jamal to get needed treatment. ================================================== Question: LEGAL: Indicators of abuse, neglect or exploitation of MINOR clients Answer: D. Maintain confidentiality. As a social worker you are legally and ethically required to maintain confidentiality when you are aware that your client is HIV positive. ================================================== Question: LEGAL: Laws pertaining to reporting known or suspected abuse of MINOR clients Answer: D. Inform them of the risks and benefits of Family Systems therapy and see just the three of them. Ethically, you have to explain the parameters of therapy. ================================================== Question: LEGAL: Reporting "Reasonable Suspicion" with MINORS Answer: B. The content of the therapy notes may have a harmful effect on Marsha's psychological well-being. If releasing the content of therapy notes will result in a negative impact on the minor's physical safety and/or psychological well-being, then the social worker has a right to refuse a parent's inspection of the records. ================================================== Question: ETHICAL: Confidentiality and "reasonable protection" of client records. Answer: D. Inform Mrs. Moran of your license and qualifications. Ethical standards require social workers to correct inaccurate representations of their licensing status and professional qualifications. There is no reason not to inform Mrs. Moran of your licensing status simply because she is "quite depressed." ================================================== Question: ETHICAL: Releasing client records upon request Answer: D. Refer her to a financial planner. She needs assistance and education about how to manage her and her husband's finances. ================================================== Question: ETHICAL: Assisting clients with interpreting therapeutic records. Answer: C. Question Matthew and Delilah separately about possible domestic violence. Scope of practice obligations require that you conduct therapy and safety assessments in a way that meets the standard of care. ================================================== Question: ETHICAL: Clarifying roles when not acting as LCSW Answer: B. Legally, you do not have to report the abuse. This answer is the most accurate. You do not have to report child abuse if you learned of it outside your professional capacity. ================================================== Question: ETHICAL: Guidelines when engaging in conflicting or dual roles. Answer: A. To establish a plan of safety, including shelters and established support systems. The ethical responsibility is to establish a plan of safety, including shelters and established support systems. Legally, mental health professionals cannot usually break confidentiality due to domestic violence unless the recipient of the abuse falls within a protected class of individuals. ================================================== Question: LEGAL: Identifying situations where client poses danger to others Answer: C. Refer the client to a career counselor. Based on the information given, referring the client to a career counselor is the appropriate option. ================================================== Question: LEGAL: Duty to protect when client indicates INTENT to cause harm Answer: C. A client accused of assault and battery uses insanity as a defense in court. If insanity is used as a defense for a crime, then the client may have waived his or her right to privilege. ================================================== Question: LEGAL: Situations/conditions that constitute reasonable indicators of client's intent to cause harm Answer: A. Address the mistake in the next group. From an ethical point of view, clients' experiences need to be validated, and they all saw this email. It would be important to address the confidentiality breach and assess the participants' reactions. ================================================== Question: LEGAL: Symptoms of impairment that indicate need for involuntary hospitalization Answer: C. Engage him in a discussion of his motivation and past efforts. In the initial stages of therapy, the establishment of trust and rapport is a crucial component to successful work, which "C" embodies as it deals with the presenting problem and the underlying emotions associated with it. ================================================== Question: LEGAL: Protocols for initiating involuntary hospitalization Answer: D. Follow the guidelines as set forth in Section 1024 of the Evidence Code. The Tarasoff Decision does not pertain to the protection of physical property. However, Evidence Code 1024 states that the social worker has a "right" to warn when property is threatened. ================================================== Question: LEGAL: laws regarding confidentiality in situations of client danger to self or others Answer: D. File a child abuse report. Christine has told you that she was sexually abused and, although, she said a report was already filed, you need to fulfill your mandate to report child abuse. ================================================== Question: LEGAL: Laws regarding privilege exceptions in litigation involving mental condition by client or representative Answer: A. Report the abuse to CPS immediately by phone and with a written report within 36 hours. You have reasonable suspicion that the perpetrator could be soliciting minors given your client's history and her report of his activity on the internet. ================================================== Question: LEGAL: Laws pertaining to reporting crimes against a MINOR Answer: C. Call Barbara's ex-boss and warn him of her plan. Warning the victim may be done in the interests of protecting the public and protecting the social worker from liability related to breaking the confidentiality of the potentially dangerous client. As of 2014, there is only a legal responsibility to contact law enforcement within 24 hours. After doing that, warning the potential victim is next. ================================================== Question: LEGAL: Laws regarding privilege exceptions in crime or tort involving MINORS Answer: B. Jeannie says that after the fight with the children, she and her husband got into another fight alone in the bedroom, and he punched her in the stomach. Jeannie telling you that after the fight with the children, her husband and her got into another fight alone in the bedroom, and he punched her in the stomach, would not be reportable. It is not clear that the children witnessed the spousal abuse since it occurred alone in the bedroom, and/or that they had any emotional distress specific to it. ================================================== Question: LEGAL: Laws regarding privilege exceptions in court-appointed evaluation or therapy Answer: A. Call Adult Protective Services with the clients in your office and report physical abuse and financial abuse. Legally you are mandated to report the physical abuse and financial abuse. ================================================== Question: LEGAL: Laws re: sexual conduct between therapist and client Answer: C. Legally responsible to intervene. A clinician is not legally responsible to report a suicidal client, but is legally responsible to take reasonable steps to ensure the safety of a suicidal client which can be managed in a number of ways. Evidence Code 1024 allows clinicians to break confidentiality when a client, due to a mental disorder, is a danger to self or the property of another and breaking confidentiality would prevent the threatened harm. ================================================== Question: LEGAL: Legal requirements for providing client with "Professional Therapy Never Includes Sex" Answer: C. Command auditory hallucinations telling the client his/her food is poisoned and s/he cannot go home. A client who cannot access food and housing due to mental illness, such as psychosis (auditory hallucinations), would be considered gravely disabled. ================================================== Question: LEGAL: Laws that define SCOPE of clinical practice Answer: D. You may tell your client about the laws pertaining to cyberbullying. You may tell your client about the laws regarding cyber-bullying. The laws about bullying define bullying (e.g., face-to-face or digital harassment, threats, persecution, etc.) and what the school district is permitted to do. You may not give legal advice because that would be out of your scope of practice. ================================================== Question: LEGAL: Laws re: disclosures required prior to therapeutic services. Answer: D. Tell him that you will not be able to help him quit smoking. Using hypnotherapy to help Christopher stop smoking would have to be within the context of therapy, and not as a stand-alone treatment. Otherwise, it is outside the scope of practice. ================================================== Question: LEGAL: Laws re: third party reimbursement Answer: D. Acted unethically and illegally. Although the gift is not substantial in value, social workers are prohibited by law and ethical standards from accepting or providing any kind of remuneration for referrals. ================================================== Question: LEGAL: Parity laws re: provision of mental health services Answer: D. Advise her to call her lawyer. Your only obligation in this situation is to maintain confidentiality and assess for a possibility of a crisis interventions. If the client is not afraid that the father will harm the children, she needs to call her lawyer to pursue legal options. ================================================== Question: LEGAL: Laws re: ADVERTISEMENT and DISEMINATION of qualifications Answer: A. Note carefully which sessions the client actually attended. It is vital to clearly note which sessions were missed on the bill (which will be sent to the insurance company), or this is insurance fraud. ================================================== Question: ETHICAL: Diversity Factors that affect therapeutic process Answer: C. Provide a safety plan session for Cynthia and Rob in order to help decrease verbal and physical abuse between them. Including Rob in the creation of the safety plan and possible emergency escape plan would only put Cynthia at risk. Rob's knowledge of these plans may lead to a violent reaction from Rob. ================================================== Question: ETHICAL: Standards regarding nondiscrimination with re: to diversity Answer: C. Assess for further boundary violations. Assessing for further boundary violations would be important in order to determine the extent of boundary violations and if there had been any sexual contact between the therapist and your client. ================================================== Question: ETHICAL: Standards for providing therapeutic services with re: to diversity Answer: C. Tell him you cannot confirm or deny that his wife is your client. Whenever anyone calls asking about anyone other than themselves, it is vital to not reveal any confidential client information. ================================================== Question: ETHICAL: Methods to gain knowledge, awareness, sensitivity and skills necessary for working with diverse populations Answer: A. Obtain supervision to address counter-transference. The ethical obligation, when a therapist is unable to maintain objectivity, is to seek supervision or consultation. ================================================== Question: ETHICAL: Clients right to make decisions re: therapeutic services Answer: B. A social works breaks confidentiality because an internet client is engaging in child abuse. Breaking confidentiality when making a mandated child abuse report is a legally required obligation, not an ethical decision or responsibility. ================================================== Question: ETHICAL: Ethical standards re: protection of client rights when engaging with other professionals. Answer: C. Obtain consultation about adoption. Getting consultation is a potentially useful thing to do when client presents a new issue. ================================================== Question: ETHICAL: Methods to assist client to make decisions and clarify goals Answer: B. Deanne. Privilege resides with all clients unless the ability to exercise (i.e., assert or waive) privilege has been adjudicated away from them. ================================================== Question: ETHICAL: methods for establishing collaborative professional relationships to improve welfare of client Answer: D. If you have any concerns for the client's safety, tell the client about the limits of confidentiality related to dependent adults. If you have concerns about a dependent adult's safety, you are legally and ethically obligated to inform the CLIENT about the limits of confidentiality. Although "Consent To Treat" came from the conservatorship, the client's rights to confidentiality are still relevant. ================================================== Question: ETHICAL: ethical standards for participating as a member of an interdisciplinary team. Answer: D. Bill Angelina for therapy and let her decide whether to give the statement to her parents for reimbursement. Angelina is an adult in therapy. Your legal obligation is to collect your fee and allow the client to determine how she will get paid. ================================================== Question: LEGAL: Legal requirements re: payment/barter for referrals Answer: B. Acknowledge the coincidence, explore your client's reactions and discuss how you will both act should you see each other at school functions. This demonstrates proper clinical management for several reasons: this is an unavoidable dual relationship, you are addressing the coincidence, you are being sensitive to your client's reactions and planning how you will handle seeing one another in a public setting. ================================================== Question: ETHICAL: Documentation of therapeutic services Answer: B. Provide informed consent. Before changing the unit of treatment, which is including the children in this vignette, the social worker would need to provide informed consent with the primary client. ================================================== Question: *1. Roger Kelly has been coming into work late, borrowing money from other employees, and creditors had begun calling him at work regarding overdue bills. He was recently fired from his job because of inadequate performance after a physical altercation with another employee. His boss terminated him and indicated that his recent change in attitude, unpredictable behavior, and job performance would have caused him to be terminated in any case. Roger is so angry about the termination that he threatens to sabotage several machines at the record-pressing factory. How should the social worker proceed? Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of Section 1024 of the Evidence Code. A. Maintain Roger's confidentiality. B. Warn the manager of the factory because this is analogous to a Tarasoff situation. C. Ethically, the social worker may choose to break confidentiality according to the Landeros vs. Flood decision. D. Follow the guidelines as set forth in Section 1024 of the Evidence Code. Answer: D. Keep the records confidential and alert Cathy of the subpoena. Since Cathy and the children were seen conjointly, the records include confidential information regarding Cathy. Therefore, the best option would be to keep the records confidential and let Cathy and her attorney decide how to proceed. ================================================== Question: *2. Your lawyer calls you to warn you that you may receive a subpoena for the complete treatment record of Mr. Milsap, who you have been treating for five years. Two months ago, Mr. Milsap received minor injuries in an accident at work in which three people were killed when a fully loaded forklift overturned. Mr. Milsap is suing for negligence and claiming severe emotional damage, including PTSD. When you tell Mr. Milsap about the subpoena, he is frantic since he doesn't want anyone to know about the brief affair he had with his secretary four years ago, which is documented in your treatment records. He asks that you submit a summary of information relevant to the accident and his PTSD or to omit from the records information about the long-ago affair. How should you respond? Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of how to legally retain records. A. Tell Mr. Milsap that you cannot honor his request. B. Submit a summary of the records related to the accident and the PTSD. C. Supply the treatment records as requested, but omit information of the long-ago affair, in accordance with the laws of privilege. D. Contact the court and seek a waiver to narrow the scope of the subpoena in order to protect your client's confidentiality. Answer: C. Maintain Aaron's confidentiality. Maintaining confidentiality is the only legally correct action of the answers provided here. ================================================== Question: *3. Which situation is less likely to be an inappropriate dual relationship? Content Area: Law: Confidentiality, Privilege, and Consent You must identify which choice would be the least likely to constitute an INAPPROPRIATE dual relationship. A. A small town where social worker and cashier (client) see each other at the local store. B. A small town where social worker and next-door neighbor (client) see each other in the neighborhood watch meetings. C. A small town where a social worker's brother-in-law's sibling comes to therapy for couple's counseling. D. A small town where a social worker's CPA seeks couple's counseling with the social worker. Answer: B. Turn down the referral and suggest other clinicians. Because a relationship has already been established with the husband, it is best to refer his wife to another therapist. ================================================== Question: 4. Three months after the death of Danielle, whom you treated for several years, you receive a written request from Arthur, her husband of 32-years, asking for access to his late wife's files. You saw them conjointly for a few sessions when Danielle requested he be there. How would you proceed? Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge regarding who has access to a client's records after their death. A. Assert privilege. B. Deny his request. C. Allow him to inspect the records. D. Provide a summary or a copy of the records. Answer: A. Ascertain their level of acculturation. A family's acculturation status is an important factor in assessing for treatment, helping the social worker determine the family's level of adjustment to this culture, their current worldview, family values, and level of comfort with U.S. norms and values. ================================================== Question: 5. Your client Maurice tells you that he was involved in a bank robbery and "got away with it." He says the money is stashed in a safety deposit box at a local bank. You are: Content Area: Law: Confidentiality, Privilege, and Consent This question deals with a social worker's legal responsibilities related to past crimes. A. Required to report this to the bank and to the police. B. Required to maintain confidentiality. C. Obligated to advise your client of the legal requirement to break confidentiality. D. Permitted to break confidentiality to protect the public at large. Answer: C. Help them problem solve but not give them any personal opinions. Ethical standards regarding boundaries require that therapists avoid giving opinions and remind the client that they are responsible for their own choices. ================================================== Question: 6. You have been participating in the town's bowling league for six months when one of the clients you have been treating joins the league. While speaking to your client about it in the next session, you find out she loves it and plans to stay in the league. First you would: Content Area: Ethics: Professional Competence and Preventing Harm. This question of ethics asks you what your FIRST step would be in this dual relationship scenario. A. Switch leagues. B. Explain the nature of dual relationships to her. C. Ask her to switch leagues. D. Give her bowling tips to build rapport. Answer: D. Including a child abuse report in the file if one is made. Whatever the agency policy is, a mandated breach of confidentiality must be included in the client's file. A child abuse report may be kept separate from the treatment file to preserve the child's confidentiality, but it cannot be omitted entirely. ================================================== Question: 7. Mimi tells you that her brother is HIV+ and has recently sero-converted to full-blown AIDS. She is terrified because she overheard her brother talking about passing on "The Gift." She informs you that he wants to have sex with his new partner with the purpose of giving him the HIV virus. She thinks it's terrible that her brother plans to knowingly give someone HIV. In this case you would: Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of how to proceed legally in a case where the transmission of HIV is probable. A. Call the person he plans to have sex with in accordance with the Tarasoff decision. B. Maintain confidentiality and process her feelings. C. Ask Mimi to have her brother set up an appointment. D. Call the public health service in the area and report what you have heard in an unofficial capacity. Answer: C. Inform George that he will still need to pay you for therapy, but that you are willing to adjust your fee if necessary. Giving clients information about payment is a legal and scope of practice issue. ================================================== Question: *8. You've been seeing a couple for marital therapy. The husband arrives for their weekly session alone and reports that his wife is staying in the car. He says that she refuses to come to your office because you are always taking his side. He wants to go ahead with the session without her. You decide to: Content Area: Ethics: Therapeutic Relationship/Services This question asks you how to proceed in a marital therapy scenario. A. Proceed with the session, seeing him alone. B. Terminate the therapy and give him a referral to another mental health professional. C. Make another appointment for both of them since the couple is your client. D. Go down to the car and ask the wife to come in so that you can explore this issue. Answer: A. Yes, because she is seeing another therapist and you must avoid exploitation. In general, social workers are ethically allowed to terminate if a client who needs care is getting it, and duplication of care would exploit the client. ================================================== Question: 9. You have seen Abby, age 24, four times. In her fifth session, she discloses to you that her previous mental health provider fondled her while he was conducting hypnosis with her. Your legal obligation is to: Content Area: Law: Legal Standards for Professional Practice. This question assesses your knowledge of your legal obligation regarding clients who have had sexual contact with a previous mental health provider. A. Inform Abby of the reporting options that are available to her. B. Give Abby a copy of the booklet "Professional Therapy Never Includes Sex." C. Give Abby a copy of the booklet "Professional Therapy Never Includes Sex" and discuss the contents with her. D. Refer Abby to the BBS which will send her a copy of the booklet "Professional Therapy Never Includes Sex" and file the report with their Ethics Committee. Answer: C. Not buy the stock because of ethical considerations. Ethically, you would not buy the stock because this information was revealed to you in your professional capacity. Clinically, the potential for powerful counter-transference threatens your therapeutic relationship. ================================================== Question: *10. You have been working with a client for six months. The client sometimes forgets her checkbook and tells you that she will bring it at the next session. She has accumulated a debt of $500. What would be your least important consideration when attempting to collect an unpaid bill from the client? Content Area: Ethics: Business Practices and Policies This question reviews proper management of collections, knowing what constitutes a breach of duty and asks you to identify the strategy you would not use. A. Having the client pay at the beginning of each new session. B. Providing a collection agency with only the client's name, address and amount owed. C. Establishing with the client a satisfactory payment plan to pay off the bill. D. Telling the client that her not paying you establishes an exception to confidentiality because it is a breach of duty. Answer: A. Colleen has a history self-harm. Although a history of self-harm may be a valid clinical reason to treat a minor without parental consent, this is not a legal requirement. Social workers may treat a minor 12 or older without parental consent if the minor is mature enough to participate intelligently in therapy. There is no longer a requirement for the minor to be a victim of child abuse or a danger to self or others in order to receive treatment without parental consent. ================================================== Question: 11. Miriam, a 52-year-old car saleswoman, is referred for therapy by her doctor after Miriam told him that her boyfriend broke up with her and told her that she has trouble respecting other people's boundaries and is too interpersonally aggressive. From the beginning of treatment, Miriam asks the social worker many questions about the social worker's relationships, family, hobbies and interests, and taste in music and movies. At the fifth session, Miriam asks the social worker where she went to graduate school, how long she has been licensed, and if she has any areas of expertise and training. How should the social worker respond to the questions Miriam is now asking? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of the elements of informed consent and a social worker's ethical responsibility to obtain informed consent from clients. A. Answer Miriam's questions. B. Do not answer Miriam's questions and explore her reaction to the social worker's boundary setting. C. Ask Miriam if she has concerns about the social worker's competence and experience. D. Remain silent and allow Miriam to do her own processing as part of learning to respect others' boundaries. Answer: D. Explore whether the client wants you to assess her child for AD/HD. The client found you due to your online assessment; clarifying its relationship to in-person treatment would be an ethical way to proceed. ================================================== Question: *12. You have been treating Jennifer who has had difficulties establishing and maintaining intimate relationships with men. Several months into treatment, she was arrested for an attempted murder of a male celebrity. In her trial, Jennifer is pleading not guilty by reason of insanity. Who holds the privilege for Jennifer's therapeutic records? Content Area: Law: Confidentiality, Privilege, and Consent This question checks your comprehension of privilege. A. The social worker. B. The client. C. There is no privilege. D. The judge. Answer: B. Reach an agreed-upon fee arrangement prior to the commencement of therapy. This would be a legal obligation. ================================================== Question: *13. You are seeing a 45-year-old woman in treatment. She lives with her mother, age 71, who has Alzheimer's Disease and lives in a residential facility for ongoing medical care. She tells you in session that at one point, the nursing staff kept her mother in bed for three weeks. You would: Content Area: Law: Limits to Confidentiality/Mandated Reporting. Your knowledge of reporting mandates for elder abuse is being checked. A. Report by telephone within 24 hours to law enforcement. B. Report immediately to Adult Protective Services by phone and follow-up with a written report within 36 hours. C. Report by telephone immediately to law enforcement. D. Refer her to a support group for caretakers, arrange for respite care, and work with her on issues of grief and loss. Answer: B. Yes, but only with informed consent. With adequate training and informed consent, social workers are permitted to introduce new modalities to new and existing clients. ================================================== Question: 14. Mary is a married 17-year-old who was recently raped by her husband's best friend. She doesn't want to tell her husband because she feels that she may have inadvertently encouraged him and is feeling ashamed. Tearfully, she tells you that she is pregnant and doesn't know what to do. Her best girlfriend has told her to get an abortion. She is conflicted about this because of strong religious beliefs. She says she's very confused and asks you what you would do if you were in her position. How would you ethically respond to this situation? Content Area: Ethics: Therapeutic Relationship/Services This question assesses your knowledge of the ethical boundaries that are necessary for effective therapy. A. Advise her to discuss this situation with her husband. B. Indicate that you have a "no secrets" policy and invite her husband into the session. C. Indicate that you cannot make life decisions for a client. D. Refer her to Planned Parenthood. Answer: D. Consider the client's cultural values and his expectations of therapy. The client comes from a culture where therapy may be foreign to him. It is important to establish with the client the objectives of therapy and to understand his emotional style that may have been derived from his cultural background. ================================================== Question: 15. A 40-year-old woman comes for individual therapy to work on panic attacks that are affecting her job performance and attendance. She and her husband see their pastor for marriage counseling. She says that her pastor has encouraged her to do this, so that they can focus on the marital issues. How would you proceed in addressing the referral from the pastor? Content Area: Ethics: Business Practices and Policies This question addresses managing a client's concurrent relationship with other providers of care to the client. A. Get a release to speak with the pastor and discuss his reason for the referral and how the two of you might work together. B. Get a release to speak with the pastor and help him to see that the panic attacks and her marriage are directly related. C. Maintain your client's confidentiality and proceed with treatment. D. Do not begin treatment with the woman until it is clear that you and the pastor are not working on the same issues, which would be unethical. Answer: D. Maintain confidentiality. YOUR only legal obligation here is to protect your client's confidentiality. ================================================== Question: 16. Recently your mother died and a client comes in grieving the loss of his mother. What would you do FIRST? Content Area: Ethics: Professional Competence and Preventing Harm. This question assesses your ability to recognize the influence of counter-transference and when your functioning is impaired. A. Talk about this situation in your own therapy. B. Seek consultation. C. Refer the client to another therapist. D. Determine if you can deal with this client at this time. Answer: C. You are mandated to report this situation to a children's protective agency. This is a mandated report because the social worker has reasonable suspicion of neglect based on the doctor's medical diagnosis. Although the parents have consulted with a doctor, their decision to not seek care based on the doctor's findings constitutes reasonable suspicion of medical neglect. ================================================== Question: *17. Eugenia, a 36-year-old massage therapist from Brazil, is referred by a former client. She presents in a highly agitated manner and occasionally slurs her words as she tells you that her ex-husband is stalking her and her 16-year-old daughter. She is considering obtaining a temporary restraining order against him. Eugenia has no health insurance and wants to know if you can extend credit to her or receive massages in exchange for therapy. What is your legal course of action? Content Area: Law: Legal Standards for Professional Practice. This question tests your ability to differentiate legal from ethical issues. A. Inform Eugenia that if she enters her emotional state into the proceeding to obtain the restraining order, her right to privilege will be waived. B. Refrain from giving legal advice regarding the restraining order due to scope of competence. C. Refer to legal aid for restraining order help or to assist with assault charges. D. Avoid dual relationships regarding becoming a massage client. Answer: C. Obtain consent from Molly since she is the legal guardian. You would obtain consent from Molly since she is the legal guardian. ================================================== Question: *18. A self-referred client comes to you wanting therapy for work problems. During the intake, the client reveals he has been going to another therapist for the last four months but states, "I'm planning to leave her anyway." The client admits he has not discussed this with his current therapist and says, "I'm seeing her for a different issue anyway." What is your ethical responsibility in this situation? Content Area: Ethics: Therapeutic Relationship/Services This question assesses your knowledge of how to handle concurrent therapies. A. Accept the new client, as he intends to terminate with his current therapist. B. Inform the client that you will be unable to see him until he has terminated with his current therapist. C. Contact the other therapist to discuss the treatment goals before deciding whether to take on the client. D. Accept the new client, as he reports his goals with the other therapist differ from the goals he wants to explore with you. Answer: D. Talk about this issue with a colleague in consultation or with your own therapist. Journaling, consulting, psychotherapy, or other processes that help a social worker to resolve strong emotional reactions to a client constitute appropriate ethical conduct in such situations. ================================================== Question: *19. Your client, a 19-year-old mechanic, confides to you that he recently participated in a robbery. Two weeks later, you are served with a subpoena for information about this client's treatment. You attempt to reach your client but are unable to do so. Legally, you must: Content Area: Law: Confidentiality, Privilege, and Consent This question tests your legal requirement regarding a subpoena. A. Assert client privilege. B. Notify your client of this subpoena. C. Turn over all records as per the subpoena. D. Notify the client's attorney that you cannot reach the client. Answer: D. Ask her to get you quickly up to date on her general treatment so far. Ethics require an action directed toward the client's immediate safety. You would need to know how "serious" her situation is before determining the next step. ================================================== Question: *20. Kevin is 17-years-old and tells you that he was upset when, as a small child, his father would hit his mother. He tells you that the abuse stopped a few years ago. Kevin says that his father is 70-years-old and is "running out of steam." Now when his father "gets out of line," he and his mother simply lock the father in his room until he settles down. He is glad his father has become more manageable. What would you do next? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question reviews your mandated reporting responsibilities. A. Assess the whole family further in the next session. B. Call Adult Protective Services immediately because the father is being unlawfully detained. C. Call an agency designated to take a child abuse report because Kevin lives in a household in which there has been spousal abuse. D. Call Adult Protective Services and an agency designated to take a child abuse report immediately. Answer: D. Report child abuse to the police. Mandated reporters must report knowledge or reasonable suspicion of the abuse of any child if they hear of it in their professional capacity. The description of an adult who has authority over children regularly hitting them would constitute, at the very least, a reasonable suspicion of child abuse and would therefore, mandate a report to the police. ================================================== Question: 21. A therapist offers telehealth services for a slightly reduced fee for clients who cannot afford transportation or do not have a car. At what point during the provision of telehealth with a client would it be legally required to refer the client for crisis care? Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of the legal standard of care when providing telehealth. A. When the client tells you that she is actually 12, not 18. B. When the therapist recognizes that the client is suicidal. C. If the client tells that therapist that this will be "our last session." D. The client tells you that she does not have health insurance and has not been to a doctor in five years. Answer: B. The social worker wants to change the focus of his or her practice and only treat "high functioning" clients. Deciding to change the focus of practice would not be sound ethical or clinical reasons for deciding to terminate treatment with an ongoing client. ================================================== Question: *22. Maria, age 27, comes to treatment with her husband Juan. Maria had a miscarriage 3 months ago and she tells you that she just can't get over it and doesn't know if she can go on. Juan says that he has tried everything to cheer her up, but that he's getting sick of her moping around. What action would the therapist take to fulfill ethical obligations? Content Area: Ethics: Therapeutic Relationship/Services Social workers are ethically obligated to determine the client's best interests which includes assessing whether they will benefit from therapy. A. Evaluate whether Maria can benefit from therapy if they continue in conjoint therapy. B. Tell them your experience and expertise in working with families who have trouble having children. C. Suggest a few individual sessions to get full informed consent from each client. D. Answer any question that they have about couple's therapy. Answer: C. Discuss any suspicions that would validate terminating the client. A client's potential violence would not be a reason for terminating the client. It might be a reason, however, for breaking confidentiality. ================================================== Question: 23. A social worker has decided to offer telehealth as part of her practice. Ethically, the therapist should: Content Area: Ethics: Business Practices and Policies This question tests your knowledge of how to ethically manage the limits and risks of telehealth. A. Specify any particular limits of confidentiality as they pertain to internet security and privacy. B. Avoid a dual relationship by making clear when she is available on the internet and when she is not. C. Charge and disclose an equivalent fee for telehealth as for in-person sessions. D. Anticipate an unavoidable dual relationship that could arise if in-person clients also receive telehealth services. Answer: B. Forego payment because you did not adequately explain the process of fee collection and insurance billing to Chetwyn. You would forego payment because you did not adequately explain the process of fee collection and insurance billing to your client. ================================================== Question: *24. George has been referred to you by his doctor for anxiety-related issues. He tells you that while he really wants to be in therapy, he can't afford it right now and asks if it would be okay if, instead of your fee, George will give you credit in the amount of your fee at the grocery store he owns in the small rural community where you both live. Ethically this would be: Content Area: Ethics: Business Practices and Policies This question tests your knowledge of dual relationships. A. Permissible under some circumstances. B. Inadvisable under all circumstances. C. A prohibited dual relationship. D. Bartering, which is prohibited by ethical standards. Answer: A. Clarify immediately to the audience that he is not a doctor of psychology, as required by ethical standards and legal standards. Social workers have a legal and ethical responsibility to correct false, misleading, or inaccurate information and representations of themselves, made by themselves or others concerning their qualifications, education, license, license status, services, products, etc. ================================================== Question: 25. Ajax, a 51-year-old former convict, comes to therapy because he tells you he has been depressed ever since he left prison. He just doesn't feel like he fits in anywhere and still feels terribly guilty for the murders he committed that have gone unpunished. He says he is tired of spending every day looking over his shoulder and would be better off dead. What is your legal responsibility in this case? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of confidentiality laws. A. Call the police because you have knowledge of a murder. B. Initiate an involuntary hospitalization because he is suicidal. C. Consider breaking confidentiality to ensure his safety. D. Notify his next of kin. Answer: A. You would need to determine if your scope of competence was adequate. Homosexuality does not capture the range of gender identity issues, so just because your client appreciates your approach with her, your ability to treat other types of issues would be your first concern. ================================================== Question: *26. Which of the following is a legally allowable scenario in which a social worker may treat a minor without parental consent? Content Area: Law: Confidentiality, Privilege, and Consent This question focuses on knowing when you may legally treat a minor without parental consent. A. A 10-year-old suicidal female whose twin brother recently died in a boating accident. B. A 12-year-old depressed male whose cultural background strongly discourages therapy. C. A 15-year old having consensual sexual intercourse with a 20-year-old. D. A 16-year-old having consensual sexual intercourse with a 25-year old. Answer: A. Maintain confidentiality. Mental health professionals licensed in California are only mandated reporters of Elder and Dependent Adult abuse if the victim is a resident of the state of California. Maintaining confidentiality is your legal obligation. ================================================== Question: 27. A social worker chooses a preschool for his daughter and enrolls her. One month after she started school, the social worker discovers that a client's child is in the same class. What would be the social worker's least appropriate action? Content Area: Ethics: Professional Competence and Preventing Harm. This question is assessing your knowledge of how to manage possible dual relationships. Pay careful attention to the way this question is worded. A. Begin looking for another preschool for his daughter. B. Discuss with the client how she feels about the situation. C. Discuss the possibility of trading carpooling in exchange for some of the cost of therapy. D. Immediately take his daughter out of the school. Answer: A. Tell him that you can't treat him without the the agreement of the other therapist. Social workers generally do not provide services to a person receiving treatment or therapy from another therapist unless by explicit agreement by or with full termination of the other therapist. ================================================== Question: 28. LeDoux is an African-American client who tells you he doesn't like the idea of therapy and doesn't trust you. He says he is only coming because his social worker said if he didn't get therapy to work on his anger issues, he would have a harder time getting his kids back. In establishing an alliance with LeDoux, you would: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of human diversity issues. A. Ask him to tell you more about his ideas of therapy and his mistrust of you. B. Refer LeDoux to another therapist since he indicates that he does not trust you. C. Establish a highly structured therapy focusing on problem-solving. D. Take a thorough family history looking for patterns of mistrust and anger. Answer: D. Records must be retained for a minimum of 7 years after the date that the client terminates treatment. Records must be retained for a minimum of 7 years after the date that the client terminates treatment (SB 578, effective January 1, 2015). For minors who terminate treatment, records must be retained for a minimum of 7 years after the minor would have been 18 or at least until the minor client would have been 25. ================================================== Question: 29. You were working with Arlen for six months when he lost his job working with an internet start-up company. At that time you agreed to use your sliding scale to reduce your fee to accommodate Arlen since after six months a solid therapeutic bond was in place. From the perspective of professional conduct, which is most important to do at this time? Content Area: Law: Legal Standards for Professional Practice. This question pertains to professional conduct as it pertains to fees. A. Establish a target date with Arlen for when he will have a new job. B. Examine Arlen's feelings about you reducing your fee for him. C. Discuss with Arlen under what circumstances, such as obtaining a new job, you will re-establish his original fee structure. D. Make sure Arlen is aware of community resources for job seekers. Answer: C. Clarify what she means by "helping her." Ethically, you would need to determine the client's expectations to then determine if you can meet them. ================================================== Question: 30. You are seeing Roger and his wife, Rose, in conjoint therapy. You have been working on helping Rose and Roger communicate better during arguments. In today's session, you learn that over the past few years Roger has physically abused Rose when he loses his temper. You are: Content Area: Ethics: Therapeutic Relationship/Services This question reviews the ethics surrounding spousal abuse. A. Ethically responsible to provide her with referrals. B. Legally bound to report spousal abuse. C. Appalled at his behavior and tell him so. D. Ethically bound to call the police. Answer: C. Refuse the champagne and explore the meaning behind the gift. Refusing the gift but processing its meaning is the best ethical course of action. If this client were later to become unhappy with your service and file a complaint with the BBS, investigators would construe your acceptance of an expensive gift as a lack of appropriate boundaries. Exploring the meaning and the impact of your refusal would be appropriate and could be therapeutically beneficial as well. ================================================== Question: 31. Rachel comes to you after finding out she had been laid off from her job. Rachel reports she doesn't understand why, except for the possibility that "the boss always had it in for me after I refused to go out with him." Rachel then states, "He needs to watch out, if he knows what's good for him." Upon assessing further, Rachel tells you she has "a way" to keep his car from running, "That'll show him." What is your response in this situation? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of your ethical responsibilities under Evidence Code 1024. A. Legally, you must contact the police and warn the boss under the Tarasoff ruling. B. Ethically, you should warn the boss under the Tarasoff ruling. C. Ethically, you could contact the boss under the auspices of Evidence Code 1024. D. You have no legal or ethical obligations. Answer: D. Discuss the situation with your client. A social worker's legal responsibility in this situation is to maintain confidentiality, so discussing it and working with the client on options to best protect herself would be a reasonable thing to do. ================================================== Question: 32. In your private practice you see mostly adults. The one child that you treat was removed from his parents by Social Services after they were reported for child neglect. During your sessions with Mark, you find yourself becoming more and more attached and wanting to take care of Mark yourself. What is the appropriate way to deal with your feelings? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to deal with your counter-transference. A. Recognize that your attachment is normal, as you feel sympathy for Mark's situation. B. Discuss your counter-transference in supervision. C. Let Mark know about your feelings to show him he still is a lovable little boy, and any issues about having him removed from the home is about his parents and not about Mark. D. Journal your feelings, and discuss your feelings in peer consultation to regain perspective of what is going on. Answer: B. Refer him to an MD. Overuse of pain medications and back pain would require a medical referral. ================================================== Question: 33. You recently began treating a 16-year-old female without parental consent. The client has been feeling suicidal and feels unable to discuss her problems with her parents. You receive a voicemail message from her father, angrily wanting to know why you're treating his daughter. What would be your responsibility? Content Area: Law: Confidentiality, Privilege, and Consent This question deals with the legalities pertaining to the confidentiality of a minor client whom you are seeing without parental consent. A. Obtain consent from the father in order to continue therapy with appropriate consent. B. Do not contact the father and maintain the client's confidentiality. C. Process the message with the client and invite the client's father to join in a future session. D. Obtain consent from both her parents to continue seeing the client. Answer: B. Advise the clients about the risks of this dual relationship. Before entering into a dual role, a social worker is ethically obligated to advise the client of the risks. ================================================== Question: *34. Albert and Frank are referred to a social worker for conjoint counseling. Albert does not like it that Frank is so controlling, and Frank's problem is that he considers Albert to be lazy. In one session, their arguing becomes so aggressive that you consider seeing them separately. Albert says it would be a good idea, and Frank says that he will do whatever is best. Ethically, how should the social worker proceed if individual therapy is agreed upon? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to provide informed consent as you learn you client's expectations of therapy. A. Close the conjoint file and tell them that you will not be able to see them together once individual therapy starts. B. Tell them how individual therapy will be different from conjoint therapy. C. Tell them how you plan to utilize "no secrets" policies. D. Ask them for revised treatment goals. Answer: C. Not agree to trade services and attempt to slide her fee to a rate agreeable to both of you. Of the choices provided this is the most ethical, avoiding a dual relationship and attempting to come to an agreeable fee. ================================================== Question: 35. The O'Rourkes have been married for 4 years. Tina says that she and her husband are worried that Megan may be anorexic since they found her internet searches on anorexic websites. Megan's biological mother died 2 years ago. If they want to pay with insurance, you would: Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of fee negotiations that must occur before therapy starts A. Tell them the name of the billing service you use if you have one. B. Obtain confirmation about their benefits before the first session. C. Explain the risks to their confidentiality if they want to use third-party payors. D. Establish a co-pay that is equivalent to cash payments before the first session. Answer: A. You have every right to place an ad in this newspaper. A social worker, like anyone else, has a right to advertise in the local paper. You did not directly interact with the client nor did you intend for your client to work on your ad. This would be an example of an unavoidable dual relationship. ================================================== Question: *36. At an initial intake, a client discloses that she recently left her husband and does not have the means to pay your standard fee. The client notices that your waiting room is shabby and offers to paint it in exchange for your therapy. You agree to four sessions in exchange for the work. You proceed with therapy, but when she is finished, you realize she has ruined the carpet, spilled paint on a lamp and the woodwork, and didn't use the color you had asked. You realize that you feel foolish and ripped off. How would you address the situation? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of dual relationships. A. Discuss your concerns about the paint with the client and ask her to either repaint the office or work out a plan for her to pay for the four sessions so that your judgment of her will not impair your ability to work with her. B. Honor the original agreement, and if your ability to work with this client feels compromised, discuss your concerns with the client and offer to help her transition to another therapist because of the ethical conflict. C. Honor the original agreement, consult to manage your counter-transference, and continue with therapy. D. Without disclosing your personal reactions, explain that you'd like her to pay you for the therapy because you weren't satisfied with her work, tell her you'll be unable to work with her further, and help her to transition to another therapist. Answer: D. Address the wife's concerns about her husband's "monopolizing" the session. Ethics require that you meet the "client where they are", and addressing her question is one way of clarifying expectations and providing informed consent about a change in the treatment. ================================================== Question: *37. Your new client, Suzanne, age 38, says her life feels out of control, and that she is considering getting a divorce. She is not sure she wants to keep coming to therapy. After a session, her husband Bud leaves a telephone message in which he says if Suzanne leaves him, he will kill himself. He asks that you call him back. How would you clinically manage your ethical responsibilities? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of the ethical obligations as they pertain to termination and referrals. A. Explain to Bud your "no secrets" policy and that you will have to disclose to Suzanne that he called you. B. Offer to Suzanne that she include Bud in a session but inform her of the risks and benefits first C. If Suzanne falls behind in her payments, give advance notice if you plan to terminate therapy. D. Assess Bud for suicide because you are in your professional capacity. Answer: B. Explain that terminating therapy to pursue another relationship is unethical. The first thing to do is inform the client of the guiding ethical standard which will guide your behavior. ================================================== Question: 38. 38. Which of the following represents a Tarasoff situation? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of conditions that would impose a Tarasoff duty to protect situation. A. In a conjoint session, the wife tells her husband that before the week is over that she is "going to gun him down." B. A client texts you that she is angry, that she has AIDS, and that she's going to put her "tainted blood in a syringe" and inject her partner tomorrow night. C. A client tells you that her husband is "totally fed up with his supervisor" and is going to disfigure the man's face with a chemical solution. D. A man, who just bought a semi-automatic rifle, tells you that he is going to go on a freeway overpass and randomly shoot at passing cars. Answer: D. Take the client's lead in the treatment plan to minimize the effects of negative counter-transference. Taking the client's lead may not be in the client's best interests from a legal, ethical or clinical point of view. ================================================== Question: 39. You have been treating Roberto in individual therapy for 6 months. In session, he gets angry with you for not telling him his insurance only authorized 20 sessions. He thinks you should simply accept his co-payment of $30.00 in the future because it is "your fault." What would you do in this case? Content Area: Ethics: Therapeutic Relationship/Services This question concerns your ethical management of a client's changing financial circumstances. A. Apologize and accept his $30 co-payment. B. Discuss the situation and attempt to negotiate a fee acceptable to both of you. C. Inform Roberto that he is now responsible for your full fee or he will have to be terminated. D. Tell Roberto your personal finances prevent you from accepting such a low fee. Answer: A. Decline to see Pat because professional ethics forbid social workers from treating former sex partners. Professional ethics forbid social workers from treating former sex partners. ================================================== Question: 40. Andy, a 42-year-old actor, missed his last session. The Motion Picture Industry Pension and Health Plan pays for a portion of his sessions. How should you go about collecting his missed session fee? Content Area: Law: Legal Standards for Professional Practice. This test item focuses on legal insurance billing procedures. A. Bill Andy for the co-payment and indicate the cancelled session code with his insurance. B. Charge Andy and have him contact the insurance company. C. Bill the insurance company with the 50-minute code as usual. D. Bill Andy for the co-payment and indicate the 50-minute code. Answer: B. Tell clients that she will not take calls during that time. The ethical obligation related to informed consent is that social workers provide clear information about their availability. ================================================== Question: *41. A social worker becomes attracted to a client. The social worker deals with his/her feelings appropriately and the client feels s/he is ready to terminate. Upon termination, the social worker realizes s/he still has sexual feelings for the client and would like to pursue a relationship. Ethically, how long should the social worker wait before pursuing such a relationship with this client? Content Area: Ethics: Professional Competence and Preventing Harm. This question asks for the NASW information about sex with a client. A. 6 months. B. 12 months. C. 24 months. D. An indefinite time, because post-therapy relationships are prohibited by law. Answer: B. Clarify your scope of competence before agreeing to treat her. Depending upon your license, you may or may not be skilled with "inner conflicts." As part of your ethical scope of competence obligations, you are ethically obligated to determine if you are competent to treat this client. ================================================== Question: 42. To prepare clients for termination, a social worker schedules sessions every other week and then once a month. Over time, he finds that clients cancel their monthly sessions. Some clients just stop calling entirely without making a monthly appointment. Which of the following would NOT be an ethical concern related to the termination process? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to handle termination in a competent way. A. Formally terminate with no-show clients. B. Provide informed consent before changing the session frequency. C. Assess whether the infrequent sessions are in the client's best interests. D. Offer a sliding fee for the intermittent sessions. Answer: D. Decline the painting and suspend treatment until Ronald pays you a significant amount towards reducing the balance due. Although this may not be a perfect solution to the problem, it does reinforce boundaries, stop the balance from getting higher, and suspend treatment in a situation in which professional judgment may be impaired and in which the client may feel exploited (as a debtor, Ronald may not feel capable of participating openly and honestly in therapy). ================================================== Question: *43. Mrs. Bailey sees the photograph of your dogs in your office and brings you a basket of dog treats. How would you respond to her gift? Content Area: Ethics: Business Practices and Policies This ethical question regarding gifts tests your sensitivity to the issue of professional boundaries and dual relationships. A. Accept the gift in the spirit in which it was given. B. Take one of the treats as a gesture and return the rest. C. Thank her for her thoughtfulness and decline the gift. D. Assess the motivation behind the gift. Answer: D. Give Burt the brochure, "Professional Therapy Never Includes Sex" regarding sex and therapy and discuss it with him. "Professional Therapy Never Includes Sex" should be provided for this client as well as a discussion of its contents. ================================================== Question: 44. You get a telephone call from a highly agitated woman who states that her live-in boyfriend has been battering her whenever he drinks, which is at least once a week. She says she is considering leaving but that it is difficult because she has severe cerebral palsy and uses a wheelchair. You: Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question addresses dependent adult abuse. A. Must gather as much information as possible and make a report of physical abuse to Adult Protective Services since this woman is a dependent adult. B. Are not yet this woman's social worker, so you give her the number to Adult Protective Services and encourage her to call them and/or the police to make a report. C. Set up an appointment for as soon as possible and assist her by giving her numbers for battered women's shelters that are wheelchair accessible. D. May choose to make a report because you have not witnessed the injuries or the abuse yourself. Answer: B. Review the nature of your license as it is explained in your informed consent. Explaining the nature of your license by using your general office policy reinforces the therapeutic frame that you would have initiated in an informed consent discussion at the beginning of therapy. ================================================== Question: *45. The Baker family comes to counseling referred by their pastor. Derek, their 14-year-old son, has been hanging out with a "bad crowd." He isn't doing his homework, is sloppy doing chores, and has failed to show up for choir practice at the church. Their other child, Sarah, who is 12 years old, not only doesn't want to go to choir practice, she doesn't want to go to church at all. Sarah says, "I don't care if I go to hell; at least I'll be able to sleep in on Sundays!" Mr. and Mrs. Baker say they don't want to "do anything rash." "Please help," says Mrs. Baker. How would you proceed with managing your ethical responsibilities? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to manage family treatment from an ethical perspective. A. Have the couple tell you what they have attempted to do to manage this conflict thus far. B. Tell the family that you work from a systems perspective, and that you will be "reframing" the children. C. Clarify for the family your role with the pastor. D. Ask Mrs. Baker what she means by "help." Answer: C. The court has not appointed guardians ad litem. Until the court appoints guardians ad litem, you cannot release the records for the unit of treatment. A guardian ad litem is appointed by the court to make legal decisions in the best interests of a child. Without guardian ad litem status, parents cannot waive privilege for their children. ================================================== Question: 46. A psychiatrist refers you a client with severe anxiety. The day before an intake session, the client calls you to ask if he can see you right away because he is afraid he will take all of the anti-anxiety medication he owns. He tells you that he is actually seeing three different doctors to get as much medication as he can. In collaborating with his doctors, which of the following would be the most ethical approach? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to collaborate and consult according to ethical (rather than legal) standards. A. File three separate releases in the client's file. B. Tell him that you plan to speak to all of his doctors with or without a release. C. Ask him which doctor he would prefer that you talk to. D. Obtain consultation from each doctor about his case. Answer: A. Assert privilege. If you are unable to contact your client, you must continue to assert privilege. You do not know what is in the client's best legal interests so all you can do is continue to assert privilege. ================================================== Question: 47. You are obtaining a release of information from a client to confer with the client's psychiatrist. The client tells you that she is thinking of finding a new psychiatrist because this one never listens to her. She is concerned that if you talk to the psychiatrist, you will develop a negative opinion of her. Which of the following would you find on a release of information form? Content Area: Law: Confidentiality, Privilege, and Consent This question tests your understanding of what information is included on a release of information form. A. The client's name and diagnosis. B. The client's social security number and diagnosis. C. The purpose of the release and the social worker's license number. D. The length of time the client has been in treatment and the social worker's license number. Answer: B. Open a separate file if the client was in family therapy before. Maintaining treatment files for different units of treatment is a legal obligation. ================================================== Question: 48. When discussing exceptions to confidentiality with a client, which of the following would not be considered such an exception? Content Area: Ethics: Therapeutic Relationship/Services This question assesses your knowledge of limits of confidentiality. A. Suicidal thoughts. B. Domestic violence. C. Grave disability. D. Threats to destroy another's property. Answer: A. Not see the client. This is a situation in which you are confronted with a possible avoidable dual relationship; avoid it by not seeing the client. ================================================== Question: *49. Guidelines regarding advertising state that social workers must advertise in a way that is honest and not misleading. Which of the following is a true statement regarding advertising policies? Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of advertising principles associated with LCSW practice. A. A prelicensed social worker may not use the term "psychotherapist" on a business card. B. The advertisement must indicate the full name of the licensee and the complete license number. C. It is not permissible for an LCSW to use "Ph.D." if s/he is not a psychologist. D. A social worker cannot use the term "Psychotherapy" on a business card. Answer: ETHICAL ISSUE: Privacy + Confidential ================================================== Question: *50. The parent of a child on your child's baseball team is a doctor and wants to send a client to you. On the sidelines, you and this parent often talk about the relationship between illness and how family dsyfunctions develop around those illnesses. The doctor is impressed by your insight and asks for your card. You would: Content Area: Ethics: Business Practices and Policies This question asks how you would manage your ethical responsibilities when you receive a referral from someone you know. A. Agree to see his referral. B. Not see his referral because this constitutes a dual relationship. C. Assess whether it would affect your child and the doctor's child. D. Not see the potential client but refer to a colleague. Answer: LEGAL and ETHICAL ================================================== Question: *51. You have been working for seven months with a young adult who has recently become very involved with a Nazi skinhead group. You have strong feelings about the detrimental effects such an affiliation can have and will need to: Content Area: Ethics: Professional Competence and Preventing Harm. This question asks you how to handle counter-transference issues with a client. A. Address your concerns with the client without contaminating the therapy. B. Discuss the case with your colleagues and get consultation in order to manage your personal bias. C. Evaluate whether or not you can continue to work effectively with this client. D. Refer this client out since your bias will get in the way of her progress. Answer: LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license) ================================================== Question: *52. Mollie, age 62, reports that she has been the victim of spousal abuse over the last year by her husband of 40 years, Roland, age 67. You have told her that you will assess for elder abuse. Legally, how should you proceed? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question reviews your knowledge of reporting responsibilities. A. Make an elder abuse report to Adult Protective Services. B. Maintain confidentiality and assess for possible elder abuse. C. Make a report to law enforcement within 2 working days. D. Make a physical abuse report to Adult Protective Services. Answer: LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license) ================================================== Question: *53. Maxwell, age 46, is referred to you by his EAP because he is depressed and drinking daily on the job. He witnessed a train wreck 3 weeks ago in which several people were killed. Now he says he is terrified to leave the house without a couple of drinks to calm him down. He says that every time he hears a loud noise he feels faint, and he wakes up sweating and shaking. What action would the social worker take? Content Area: Ethics: Therapeutic Relationship/Services This question tests your ability to respond to client's needs in an ethical way. A. Determine the client's ability to respond to anxiety treatment interventions. B. Evaluate the client's need for a crisis intervention, C. Limit the informed consent conversation to the legal requirements (fees, your business name and license) and proceed with crisis interventions. D. Tell him that his treatment will be confidential as it pertains to his EAP. Answer: LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license) ================================================== Question: 54. All of the following would represent a permitted breach of confidentiality without the need for a client release EXCEPT: Content Area: Ethics: Business Practices and Policies This question tests your knowledge of instances in which we are permitted OR mandated to break client confidentiality. A. Filing a child abuse report. B. Ensuring safety for a suicidal client. C. Responding to a CPS caseworker's request for family history following a child abuse report. D. Calling the police to notify authorities that your client is leaving your office intoxicated and driving a motor vehicle. Answer: LEGAL and ETHICAL ================================================== Question: 55. You are seeing a client, Tom, for six months. Tom occasionally mentions his cousin, who specializes in installation of landscaped ponds. You've always wanted a landscaped pond with koi. Which of the following represents an ethical course of action? Content Area: Ethics: Professional Competence and Preventing Harm. This question assesses your knowledge of dual relationships. A. You find another landscaper to install the pond and do not make any attempt to engage Tom's cousin in a business transaction. B. You call your client's cousin, along with several other landscapers, to gather price quotes. C. You call your client's cousin and mention that you are an acquaintance of Tom's hoping that he'll give you a break on the price. D. You ask Tom how he would feel if you hired his cousin to install a pond. Answer: LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license) ================================================== Question: 56. A social worker is becoming increasingly concerned that one client, who is acutely suicidal, is not improving. The social worker has suggested that the client speak with people in his life who might be supportive and be able to help, but the client only wants to speak with the social worker. The social worker is concerned about boundaries if she speaks with the client as often as he needs, which is at least once day. The client has threatened to leave therapy entirely if the social worker keeps suggesting outside support. Ethically, the social worker should: Content Area: Ethics: Therapeutic Relationship/Services This question pertains to ethical aspects of termination. A. Tell the client directly the social worker's concerns if the client does not return to therapy. B. See the client at least once a day to prevent harm and imminent risk. C. Terminate with the client and have him involuntarily hospitalized. D. Allow the client to terminate if the social worker is unable to provide adequate support. Answer: LEGAL: Unprofessional conduct (conditions for Suspension, Revocation of license) ================================================== Question: *57. You are working in a group practice and learn that one of your colleagues tends to have "a drink" in his office between clients. How do you handle the situation? Content Area: Ethics: Business Practices and Policies You must choose the best way to address your colleague's apparent drinking problem. A. Tell your other colleagues in the group and perform a group intervention. B. Discreetly confront your colleague about his drinking. C. Contact the BBS. D. Encourage your colleague to contact an ethics board for advice. Answer: LEGAL and ETHICAL ================================================== Question: 58. Maya, a 15-year-old emancipated minor, comes in to see you without parental consent. She tells you that last week her 20-year-old husband, Oliver, raped her when she refused to have sex with him. She's been feeling depressed and disoriented ever since this happened. Which of the following would represent the correct legal analysis of this situation? Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of child abuse reporting laws. A. Since Maya is depressed and disoriented, you can treat her without parental consent. B. Since Maya is married the rape would represent spousal abuse and you would have an ethical responsibility to ensure her safety. C. Since Oliver is only 5 years older than Maya, Oliver's actions would not constitute lewd and lascivious behavior. D. Since Maya is 15 years old, the rape would constitute child abuse. Answer: LEGAL and ETHICAL ================================================== Question: 59. A newly licensed social worker wants to establish her practice. She goes to several neighborhood psychiatrists and doctors advertising her practice and offering small tokens of appreciation in return. What is the problem here? Content Area: Law: Legal Standards for Professional Practice. This question concerns the practice of purchasing referrals. A. A social worker must be licensed for a period of two years before s/he can advertise door to door. B. It is not ethical for her to go door-to-door to advertise her practice. C. It is not legal for her to offer compensation for referrals. D. Advertising is restricted to business cards and association literature. Answer: Failure to keep records consistent with clinical judgment, standards, nature of services = unprofessional conduct (conditions for Suspension, Revocation of license) ================================================== Question: 60. You are meeting with a client in your private practice for the first time. She tells you that she found you with an internet search with the search term "expert in eating disorders." Which of the following must, by law, be disclosed prior to beginning the session? Content Area: Law: Confidentiality, Privilege, and Consent This question is testing your knowledge of ethical and legal requirements of an informed consent. A. Explaining the limits of confidentiality. B. Explain your scope of competence since you claim to be an "expert." C. Your fee. D. Your full name and license designation. Answer: 1-Termination or interruption of services w/o notifying ct promptly + arranging transfer/ referral as needed . 2- Failure to take reasonable steps to avoid abandoning cts who are still in need of services 3-Failure to terminate when services no longer serve ct's needs 3- = ETHICAL VIOLATIONS ================================================== Question: 61. Ponciano and Berta are a Guatemalan couple who have been in treatment with you. They are moving back to Guatemala this week. They come to session and present you with some freshly baked sweetbread that Berta says she made especially for you because of all you have done for them. She tells you that it is a custom in her country to make a parting gift when friends are separating. How would you respond? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of the ethics that pertain to gifts from clients. A. Accept the gift but explain that gift giving is not usually a part of a therapeutic relationship. B. Refuse the sweetbread because, ethically, social workers should not accept gifts from clients. C. Further explore their customs but do not accept the sweetbread because it is unethical. D. Based on her explanation regarding the meaning behind the gift, it would be sensible to accept the sweetbread and offer to share it with them at this last session. Answer: Prior to the commencement of treatment, failing to disclose to ct or prospective ct the fee to be charged for the profess.services, or the basis upon which fee to be computed = ILLEGAL ================================================== Question: *62. A male client comes to see you for the first time. As he talks, you begin to realize that he is definitely going to harm someone. He has a plan and is going to act, but he has not identified his intended victim to you yet. Just as he is about to tell you the identity of the name of the intended victim, you realize that you have not explained to him the limits of confidentiality: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to manage your ethical and legal obligations when a client might be dangerous. A. Tell him to stop and refer him to someone else. B. Wait until he identifies the intended victim and then explain the limits of confidentiality, as you must do as part of obtaining informed consent. C. Ask him to stop and explain to him the limits of confidentiality as part of informed consent. D. Proceed with the session and carry out your duty to protect, per Tarasoff, if he identifies the potential victim. Answer: Misrepresentation re type or status of a license/reg., or other misrepresentation or permitting misrepresentation of his or her education, qualifications, profess affiliations= ILLEGAL ================================================== Question: *63. You are working with a client who has expressed suicidal thoughts. You see the client once every two weeks because he does not have insurance. He uses your sliding scale and sometimes texts you between sessions. Which of the following steps would be considered reasonable in fulfilling the duty to ensure the safety of a suicidal client? Content Area: Ethics: Business Practices and Policies This question addresses your knowledge of a social worker's responsibilities to ensure the safety of a suicidal client. A. Schedule extra sessions with your client. B. Obtain the client's promise not to harm him/herself until you meet again and use a "self care" contract to reinforce the promise. C. Give the client the number of the suicide prevention hotline. D. Explore your client's support network. Answer: Termination based on failure to pay overdue balance w/o following: payment policies were made clear, ct not in imminent risk, consequences of nonpayment addressed = ETHICAL VIOLATION ================================================== Question: 64. Social workers are required by law to comply with certain legal standards in the state in which they are licensed. All of the following are legal issues EXCEPT: Content Area: Ethics: Therapeutic Relationship/Services This question requires that you discriminate between legal and ethical issues. A. Suicide. B. Asking your client, who is a contractor, for information about drywall. C. Setting a fee. D. A dependent adult who states that his prescribed seizure medication has not been dispensed by his care custodian. Answer: Failure to ensure fees are fair, reasonable. + commensurate w services. Failure to consider ct's ability to pay= ETHICAL VIOLATION: ================================================== Question: 65. Lisa, age 43, is going through a bitter divorce. She brings her only child, Jamal, age 8, for therapy at the request of his school counselor. He was caught cheating on a test and lied about it to the teacher, the principal, and his mother. As you gather history, Lisa keeps revisiting the injustices of her having to "pay for HIS bad parenting." When you question her further, she rails about how her ex-husband spoiled Jamal by giving him everything, never backing her up with discipline, etc. She says, "He's such a jerk. And now he lives in a nice condo and I'm stuck in this dingy little apartment with this dishonest, ungrateful kid. I just can't believe I have to do this. I can't afford therapy and, I don't want to be schlepping him over here every week." What is the best way to proceed regarding her concern about paying your fee? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your sensitivity to client needs and ethical fee setting. A. Consider offering to see Jamal on a sliding scale or pro bono basis. B. Ask Lisa if she'd like you to call her ex-husband to get some of the payment from him. C. Tell Lisa that she doesn't have to pay for therapy because you'll see her on a pro bono basis. D. Have Lisa sign a release for you to confer with her ex-husband regarding the fee. Answer: Accepting barter w/o all of the following:it's an accepted practice among profs locally, essential for provision of services, +initiated by ct + w ct's consent = ETHICAL VIOLATION ================================================== Question: 66. Your client, Jordan, has just tested positive for HIV. He is in a relationship and is convinced that if he tells his partner, Julian, he will leave him. What are your ethical responsibilities in this situation? Content Area: Ethics: Business Practices and Policies This question tests your knowledge of ethical considerations regarding confidentiality and clients' HIV status. A. Refuse to treat Jordan further unless he tells Julian of his HIV-positive status. B. Tell Jordan that he should tell Julian. C. Call Julian. D. Maintain confidentiality. Answer: Soliciting private fee/ remuneration for services to cts who are entitled to them thru your employer or agency= ETHICAL VIOLATION: NASW 1.13 Payment for Services ================================================== Question: 67. The Humburgs come to counseling with their 16-year-old son, Cameron, because they found drugs in his room. They don't want the other two children, ages 9 and 11, to know. They want you to suggest some strategies to help Cameron overcome this problem. Ethically, you would: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to explain the parameters of therapy with clients. A. Give them time to adjust to therapy since this is their first session and see just the three of them. B. Tell them that you are a Family Systems therapist and the other children should be included. C. Tell them that it would be outside of your scope of practice as a systems therapist to exclude the other two children. D. Inform them of the risks and benefits of Family Systems therapy and see just the three of them. Answer: 1-Not providing cts w/ reasonable access to records.2- Not assisting ct to interpret them if access to records might lead to serious misunderstanding or harm3- not limiting access + documenting rationale when there is compelling evidence that serious harm would result = ETHICAL VIOLATIONS ================================================== Question: 68. You have been seeing Marsha, 11, with the consent of her mother, Jan. Jan is requesting a copy of Marsha's therapy notes because she wants to provide them to the school counselor. Under which of the following conditions can you refuse Jan's request? Content Area: Law: Confidentiality, Privilege, and Consent This question assesses your knowledge of the laws pertaining to parental request of a minor's records. A. Marsha will not sign an authorization to release the information to her mother. B. The content of the therapy notes may have a harmful effect on Marsha's psychological well-being. C. Jan wants you to produce a copy of the records within 3 weeks time. D. You don't feel comfortable breaching Marsha's confidentiality. Answer: 1-Failure to provide the brochure re the rights of, and remedies for, patients who have been involved sexually with their psychotherapist. 2- Failure todiscuss with the patient the brochure prepared by the department= ILLEGAL. ================================================== Question: 69. Mrs. Moran is referred to you by a former client. On the phone she refers to you as "Dr.," although you do not possess this degree or license. It is apparent to you that Mrs. Moran is quite depressed. How would you handle this situation? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of ethical standards regarding the obligation to accurately represent licensing status. A. Inform Mrs. Moran of your license status once her mood has stabilized and she is in a better mental state to understand and evaluate this information. B. Refer Mrs. Moran to a doctor since her statement indicates that she is seeking the services of a psychologist, psychiatrist, or M.D. C. Give Mrs. Moran your business card which will provide her with your accurate qualifications. D. Inform Mrs. Moran of your license and qualifications. Answer: Sex with a ct or a former ct w/in 2yrs from termination, soliciting sex from a ct, or committing sexual abuse or sex.misconduct w/ct or committing act punishable as sex crime, if it's subst.related to qualifications, functions, duties of a clinical social worker.= ILLEGAL ================================================== Question: 70. A 56-year-old woman that you have been treating has just experienced the death of her husband. His was the primary income, and she was not aware of all of the financial responsibilities. She tells you that she has been getting calls from bankers, real estate planners, and lawyers offering to provide assistance. If you become concerned for her welfare, you should: Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how and for whom to make appropriate referrals. A. Refer her to a lawyer. B. File an elder abuse report: financial abuse. C. File an elder abuse report: undue influence. D. Refer her to a financial planner. Answer: Clarify who is considered ct and the nature of professional obligations to various individuals ETHICS ================================================== Question: *71. Matthew, age 40, and Delilah, age 27, have been married for 8 months and have been referred to you by the pastor of their church. Delilah says, "It's like I keep marrying the same man. Just like my 2 ex's, he flies off the handle at the drop of a pin, and I don't like the way he disciplines the kids." Matthew says, "She needs to listen to me about how to raise children and seriously adhere to Biblical teachings." How would you manage your scope of practice obligations in light of the domestic violence? Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of working within the scope of practice to assess the safety of clients. A. Establish your right to break confidentiality to prevent domestic violence. B. Explain that there are exceptions to confidentiality, including the reporting of child abuse. C. Question Matthew and Delilah separately about possible domestic violence. D. Do not confirm nor deny to the pastor that Matthew is or is not your client. Answer: Failure to comply with child abuse reporting requirements (call asap, f/u in writing w/in 36 hours)= Unprofessional conduct (conditions for Suspension, Revocation of license) ================================================== Question: 72. You witness a mother abusing her child in a shopping mall. Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of child abuse reporting laws. A. Ethically, you should report the child abuse. B. Legally, you do not have to report the abuse. C. You will be in violation of ethical standards if you do not report to the police or child protective service agency. D. Legally, you must report the abuse by phone and follow up with a written report within 36 hours. Answer: ETHICS/ NASW ================================================== Question: 73. When working with a female client who is being abused by her partner, what is your ethical responsibility? Content Area: Ethics: Therapeutic Relationship/Services This question assesses your knowledge of your ethical responsibilities when you become aware that a client is being abused by her partner. A. To establish a plan of safety, including shelters and established support systems. B. To make an optional dependent adult abuse report to protect the client if she is pregnant. C. To report child abuse if children were witnesses to the abuse which negatively impacted them. D. To refer the client to a divorce lawyer. Answer: LEGAL + ETHICAL ================================================== Question: 74. An HMO refers a client dealing with depression. When the client arrives at her first session she explains that she's not depressed but is seeking vocational counseling, intellectual testing, and information regarding her desire to change careers. She states that she didn't believe the insurance company would authorize treatment for such a "lame reason." What would you do? Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of how to work within your scope of practice. A. Inform her that she will have to pay out of pocket. B. Proceed with treatment. C. Refer the client to a career counselor. D. Call the insurance company and inform them that you will be seeing her for reasons other than depression. Answer: ETHICS ================================================== Question: *75. During your intake interview, you learn that your client is a lawyer. As you discuss the limits of confidentiality, the client asks, "can you plead the Fifth like I can in court?" As you consider your answer, you consider some hypotheticals. Privilege might be waived in which instance? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question is asking you to choose when privilege could be waived. A. A client is a 13-year-old girl, who you are seeing without parental consent, and has been selling drugs. B. A client has told you he has been involved in hacking a corporate database under an assumed name. C. A client accused of assault and battery uses insanity as a defense in court. D. A 64-year-old woman complains to you that her bank is making automatic withdrawals without permission. Answer: LEGAL + ETHICAL ================================================== Question: *76. A social worker who is running a therapy group receives an email from one member of the group, describing some personal issues that she does not feel comfortable discussing in the group setting. The social worker has all group members on a contact list and in his reply to this individual he accidentally does a "reply all" to the members of the group: "Please bring that up in the group if you feel comfortable doing so; if not, I can give you some referrals." What should the social worker do to fulfill ethical obligations? Content Area: Ethics: Business Practices and Policies This question tests your knowledge of how to respond in an ethical and competent way when confidentiality has been compromised. A. Address the mistake in the next group. B. Refer to any "no secrets" policies that allow the social worker to bring up an individual's issues. C. Nothing needs to be done; no one's confidentiality was breached.. D. Send a private email to the client who sent the first email with an apology for the breach of confidentiality. Answer: LEGAL (Tarasoff decision) ================================================== Question: 77. A second generation Chinese-American man comes into therapy and asks you to help him find a wife because his father is pressuring him to get married. Your FIRST intervention would be to: Content Area: Ethics: Therapeutic Relationship/Services The question asks for "your first intervention." A. Indicate that his needs would best be served by an Asian mental health professional. B. Inform him that this is an inappropriate goal for treatment. C. Engage him in a discussion of his motivation and past efforts. D. Address his presenting problem and assist him in finding a wife. Answer: LEGAL ================================================== Question: 78. Roger Kelly has been coming into work late, borrowing money from other employees, and creditors had begun calling him at work regarding overdue bills. He was recently fired from his job because of inadequate performance after a physical altercation with another employee. His boss terminated him and indicated that his recent change in attitude, unpredictable behavior, and job performance would have caused him to be terminated in any case. Roger is so angry about the termination that he threatens to sabotage several machines at the record-pressing factory. How should the social worker proceed? Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of Section 1024 of the Evidence Code. A. Maintain Roger's confidentiality. B. Warn the manager of the factory because this is analogous to a Tarasoff situation. C. Ethically, the social worker may choose to break confidentiality according to the Landeros vs. Flood decision. D. Follow the guidelines as set forth in Section 1024 of the Evidence Code. Answer: LEGAL + ETHICAL ================================================== Question: 79. Christine is a 14-year-old ward of the court. During the first session she says that her group home counselor is not helping her. Christine says that another child in the group home has sexually molested her, but no one believes her. She says that an abuse report was filed, but nothing came of it. She wants therapy to help her manage her feelings. Legally the next step would be to: Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of how to report child abuse when the abuse happens out of the child's home. A. Get consent from her court-appointed attorney. B. Get consent from her group home counselor. C. Have her terminate with her group home counselor. D. File a child abuse report. Answer: LEGAL ================================================== Question: 80. Your 17-year-old client tells you that she was molested on many occasions as a younger child. She tells you that she was taken from the home in which it occurred and has never returned. She tells you that she found the perpetrator on a social networking site that makes her think he is still looking for under-age victims. She shows you his posts and you concur. What would be the most important legal requirement that you would have in such a case? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of child abuse reporting requirements. A. Report the abuse to CPS immediately by phone and with a written report within 36 hours. B. Inform her of her rights about reporting him now that she is an adult. C. Advise her to make a police report about a sexual predator. D. Develop a safety plan if he responds to her posts. Answer: LEGAL ================================================== Question: 81. Your client, Barbara, has been unemployed for three months. In her last session she stated that she plans to kill her ex-boss tomorrow because he's the cause of all her unhappiness. You call the police to alert them to Barbara's plan, but they don't seem to take you seriously because there isn't a weapon involved. The officer on the phone tells you not to worry about it. Given your responsibilities under the Tarasoff ruling, you would: Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question involves a Tarasoff situation. A. Document your phone call outlining your concerns and justifying your actions in order to cover your liability. B. Have Barbara come in immediately for crisis counseling. C. Call Barbara's ex-boss and warn him of her plan. D. Call Barbara and find out if she has a gun so you can tell the police. Answer: LEGAL and ETHICAL ================================================== Question: 82. Jeannie and Chuck Jones and their two children Brooke and Josh, have been seeing you for family counseling for 6 weeks when they come to see you right after a "big family fight." You notice a rip in Josh's clothes and Brooke's red eyes leads you to believe she has been crying. You separate the family and gather a lot of information about the fight. Which statement would NOT lead to a child abuse report? Content Area: Law: Limits to Confidentiality/Mandated Reporting. The focus of this question is child abuse reporting mandates. A. Josh tells you his father tried to push him into a cold shower, and his clothes ripped pulling away. B. Jeannie says that after the fight with the children, she and her husband got into another fight alone in the bedroom, and he punched her in the stomach. C. Josh tells you his Dad was also trying to lock him in the closet. D. Brooke tells you her Dad repeatedly said she was stupid. Answer: LEGAL and ETHICAL ================================================== Question: 83. A client comes to his session with his 72-year-old father, who uses a walker from a fall which he reports was caused by a fight with his wife. The father tells you that his wife has been stealing his social security checks each month and gives him only $5.00 a week. At this point you should: Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question continues to test your knowledge of reporting elder abuse. A. Call Adult Protective Services with the clients in your office and report physical abuse and financial abuse. B. Call Adult Protective Services and report the financial abuse and "undue influence." C. Explore possibilities for alternative living arrangements with the father and address the feelings both he and your client may be feeling due to this trauma. D. Report the financial abuse, even though it is optional, since the victim and your client have requested your assistance in this matter. Answer: LEGAL ================================================== Question: 84. You have assessed a chronically depressed client for suicidal tendencies and determined the person to be at high-risk. You are: Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of the law pertaining to suicidal clients. A. Legally bound to report. B. Ethically responsible to notify family or "others responsible for the client's well-being." C. Legally responsible to intervene. D. Not responsible in any way as the client has a right to make his/her own decision. Answer: Failure to provide services only w/ valid inf. consent incl. purpose, risks + limits of services costs, alternatives,right to refuse/withdraw consent, time frame covered by consent = ETHICAL VIOLATION ================================================== Question: 85. Which of the following conditions would meet the definition for being gravely disabled under 5150 criteria? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of conditions which define a person as being gravely disabled. A. Command auditory hallucinations telling the client to kill other people. B. Command auditory hallucinations telling the client to kill him or herself. C. Command auditory hallucinations telling the client his/her food is poisoned and s/he cannot go home. D. Choosing to be homeless. Answer: Failure to provide information about the nature and extent of services and about the extent of clients' right to refuse service= ETHICAL VIOLATION ================================================== Question: 86. Your 15-year-old client comes to session extremely agitated because she just found out that a photo she sent to her boyfriend is now circulating all over the school. She is getting harassing comments about her appearance and sexual promiscuity. She is afraid that the school will contact her parents if she reports the harassment to school authorities. How do the laws pertaining to bullying direct your actions as a social worker? Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of appropriate interventions with a minor. A. You may speak with the school, or they may speak to you without a release. B. You must report to the school authorities, but you are not required to report to the police. C. You may advise your client about her reporting requirements. D. You may tell your client about the laws pertaining to cyberbullying. Answer: Failure to inform recipients of the limitations and risks associated with such services = ETHICAL VIOLATION ================================================== Question: *87. After completing a three-month course on hypnotherapy, you decide to advertise your new specialty. You receive a call from Christopher, who says he would like to come in for a session, so that you could hypnotize him to stop smoking. He says he's tried the patch and nicotine gum, but he needs your help to quit once and for all. How would you respond to Christopher's request for treatment? Content Area: Law: Legal Standards for Professional Practice. This question deals with scope of practice for mental health professionals. A. Make an appointment because hypnotherapy is now part of your scope of competence. B. Inform him of your fee before the commencement of treatment. C. Refer him to a medical doctor. D. Tell him that you will not be able to help him quit smoking. Answer: Engaging in dual or multiple relationships w/clients or former clients in which there is a risk of exploitation or potential harm to the client = ETHICAL VIOLATION ================================================== Question: 88. A famous rock musician who can pay your top fee is referred to you by a colleague. You send your colleague a bottle of fine wine in gratitude. Which of the following statements is TRUE about this situation? You have: Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of legal and ethical standards in dealing with referrals. A. Expressed your gratitude in an appropriate and professional manner. B. Not acted unethically or illegally since you did not solicit the referral. C. Not acted unethically or illegally since you did not directly pay the colleague for the referral. D. Acted unethically and illegally. Answer: Soliciting private infor from cts unless it is essential to provide services or conduct evaluation/ research. Once private information is shared, not complying w/ standards of confidentiality = ETHICAL VIOLATION ================================================== Question: *89. Your client has two children and is divorced. She tells you that when she arrived at her ex-husband's house last night to pick up the children, he had locked the doors and texted her that, "Me and my children are moving across the country." He has no criminal history, but she is afraid she will never see her children again. Which of the following is the clinician's first intervention? Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of when to make referrals for expertise outside of your scope of practice. A. Advise her to call Child Protective Services for abduction. B. Explore the events immediately preceding this one. C. Call the police. D. Advise her to call her lawyer. Answer: sex w/ a client or former ct w/in 2years from termination, soliciting sex, or committing act of sexual abuse or misconduct w/ a ct, or committing an act punishable as a sex crime, if its subst. related to qualifications, functions, duties of clinical SW = ILLEGAL ================================================== Question: *90. Your client works as a pilot and often misses appointments because she is called out-of-town at the last minute. When billing her insurance, you: Content Area: Law: Legal Standards for Professional Practice. This question evaluates your knowledge of appropriate ethical guidelines for insurance billing and insurance fraud. A. Note carefully which sessions the client actually attended. B. Must not include missed sessions on the bill since insurance will not pay for these. C. May not commit insurance fraud by noting which of the sessions were canceled within your 24 hour limit and which were canceled at the last minute. D. May remind her she will have to pay for missed sessions herself. Answer: Failure to discuss nature of confidentiality + limitations of clients' right to confidentiality as soon as possible in SW-client relationship= ETHICAL VIOLATION ================================================== Question: *91. Rob, a 27- year-old African American male, and Cynthia, his 24-year-old Mexican American girlfriend, have decided to live together after six months of dating. Cynthia asked Rob to participate in therapy, and Rob agrees to attend one month of therapy in order to "try it out." During the first session, Cynthia softly reports that Rob cannot control his anger. Rob quickly turns to Cynthia and shouts, "You're the one that's too sensitive!" When creating a safety plan with Cynthia, you would do all of the following EXCEPT: Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of the legal obligations to assess a client's safety and treat the client within your scope of practice. A. Make yourself available by phone and increase the frequency of sessions. B. Provide a list of addresses and phone numbers to local shelters, emergency housing agencies, and crisis centers. C. Provide a safety plan session for Cynthia and Rob in order to help decrease verbal and physical abuse between them. D. Advise Cynthia to gather important items in one place (i.e. extra set of car keys, debit and credit cards, medical records and prescription refills, etc.). Answer: 1-Failure to seek agreement re each person's right to confid. +obligation to preserve the confidentiality of others.2- Failure to inform you cant guarantee all participants will honor such agreements= ETHICAL VIOLATION ================================================== Question: *92. A client comes to your office for an initial visit. During your intake the client reveals that she left her previous therapist recently because she became uncomfortable when he invited her to have dinner with him. Your client asks what she should do. You would: Content Area: Law: Legal Standards for Professional Practice. This question assesses your legal knowledge regarding a therapist's boundaries with a client and requires that you discern between sexual exploitation and an unethical dual relationship. A. As required by law, provide your client with the brochure describing client options for action against therapists in such situations. B. Contact the therapist to discuss the legal/ethical consequence of his actions. C. Assess for further boundary violations. D. Contact the BBS to report the therapist's inappropriate actions. Answer: Failure to keep all info confid. except for compelling prof.reasons- e.g. when disclosure needed to prevent serious, foreseeable,+imminent harm to a client or other identifiable person=ETHIC. VIOLATION ================================================== Question: 93. A man calls you to ask about his wife's therapy bill since she has been using his insurance. He asks if you can provide copies of the previous three months' bills because the insurance company has lost them. Upon hearing his request, you: Content Area: Law: Confidentiality, Privilege, and Consent This question asks for the confidentiality rules in regard to third party callers. The issue of the insurance statements is secondary to the confidentiality issue. A. Send a copy of the bill since it is his insurance. B. Call his wife and ask if she would like you to send him a copy or if she would prefer you send it addressed to her. C. Tell him you cannot confirm or deny that his wife is your client. D. Give his wife the bill copies at her next session. Answer: Failure to inform clients, to extent possible, re disclosing confid. info +potential consequences, when feasible beforehand (whether SW disclosing on basis of a legal requirement or ct consent)=ETHIC. VIOL. ================================================== Question: *94. A female social worker who is having problems in her own marriage finds that she is consistently siding with the wife in couples therapy. Ethically, the social worker's primary obligation is to: Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to meet client needs when negative counter-transference could impact objectivity and client welfare. A. Obtain supervision to address counter-transference. B. Discontinue conducting therapy until her own marital problems are resolved. C. Attempt to balance treatment by siding with the husband. D. Call in a co-therapist to monitor the therapist's behavior. Answer: Failure to limit cts' right to self-determin. when, in your professional judgment, cts' actions or potential actions pose a serious, foreseeable,+imminent risk to themselves or others. =ETHIC. VIOLATION ================================================== Question: *95. Which of the following scenarios describes a social worker's legal duties regarding the use of telemedicine? Content Area: Ethics: Business Practices and Policies This question tests your knowledge of the difference between legal and ethical responsibilities. A. A social worker bills an internet client the fee before starting therapy. B. A social works breaks confidentiality because an internet client is engaging in child abuse. C. A social worker provides a client a copy of the informed consent document to download and return with a signature. D. Referring a client to a CPS website if the client reports child abuse. Answer: 1-Not consulting w/ colleagues when it's in ct's best interests. 2-When consulting, disclosing more ct info than necessary =ETHIC. VIOLATION ================================================== Question: 96. A couple, whose children have all graduated from high school, is considering adopting an elementary school-age child. They believe that a child who has not yet been adopted would do well in their household, and they want to give back to society. How should the social worker approach this couple's decision? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to respond to clients' treatment needs. A. Advise them on the cultural implications of adoption. B. Assess for a phase of life problem. C. Obtain consultation about adoption. D. Refer if the couple has reached the original treatment goals. Answer: Giving or receiving payment for a referral (when no professional service is provided by the referring party)=ETHIC. VIOLATION ================================================== Question: 97. Deanne is a 13-year-old who is in therapy with you without her parents' consent. In this case, who is the holder of the privilege? Content Area: Law: Confidentiality, Privilege, and Consent The issue presented in this vignette is whether a minor can be the holder of privilege. A. You, due to client privilege. B. Deanne. C. The state because Deanne is a minor. D. Deanne's parents because parents hold privilege for minors. Answer: 1-sex w/supervisees/ students. 2- Failure to avoid sex w/ colleagues; failure to transfer professional responsibilities, when necessary, to avoid a conflict of interest, if having or anticipating sexual relationship w/ colleague. =ETHIC. VIOLATIONS ================================================== Question: *98. A person calls telling you that she is your client's conservator. Your client is physically disabled and has told you about the challenges associated with being under conservatorship. The client tells you that she hates not being able to make her own decisions. How do you manage your ethical obligations related to informed consent? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge about the ethical requirements for informed consent. A. If you have any concerns for the client's safety, tell the conservator about the limits of confidentiality related to dependent adults. B. Determine the type of conservatorship. LPS conservatorships allow the conservator to consent to treatment. C. Tell the conservator about your mandate to report dependent adult abuse. D. If you have any concerns for the client's safety, tell the client about the limits of confidentiality related to dependent adults. Answer: 1-Failure to discuss concerns directly w/ colleague when feasible +when such discussion is likely to be productive. 2- Failure to proceed, when necessary, to take actions through formal channels = =ETHIC. VIOLATIONS ================================================== Question: 99. Angelina, a 20-year-old college student, comes to see you complaining that she's having difficulty breathing and concentrating, and that she thinks it's "all in her head." Angelina says she was date raped three weeks ago and says you are the only person who knows. She hasn't told her parents and doesn't want them to know about it. Angelina says, "Please help me. I can't take this anymore." She tells you that her parents have told her that they will pay for her therapy. How would you manage the legal issue of payment? Content Area: Ethics: Business Practices and Policies This question tests your knowledge of the legal issues that pertain to fees. A. Explain the limits of confidentiality if a third party is paying for therapy. B. Consider offering Angelina a lower fee so that she can pay for her own therapy. C. Talk to Angelina about whether she wants her parents to pay for therapy. D. Bill Angelina for therapy and let her decide whether to give the statement to her parents for reimbursement. Answer: 1-Failure to consult w/ the colleague when feasible+ assist in taking remedial action. 2- Failure, If problem persists +colleague hasnt taken steps to address it, to take action thru appropriate channels established by employers, agencies, NASW, licensing + regulatory bodies =ETHIC. VIOLATIONS ================================================== Question: 100. You have been seeing a client for 3 months. You learn she has a daughter who attends the same pre-school as your son. How do you ethically handle this dual relationship? Content Area: Ethics: Professional Competence and Preventing Harm. This question assesses your knowledge of ethical management of dual relationships. A. Refer your client out since the therapy relationship is still fairly new. B. Acknowledge the coincidence, explore your client's reactions and discuss how you will both act should you see each other at school functions. C. Transfer your son to another pre-school to avoid a dual relationship. D. Do not acknowledge the coincidence in session since it is a large pre-school and unlikely you will encounter one another. Answer: Establish + maintain billing practices that accurately reflect nature + extent of services provided and that identify who provided the service in the practice setting. ETHICS ================================================== Question: 101. A client who has been in individual therapy wants to bring her children for therapy. The first thing a social worker must do if the social worker agrees to see the children with their mother is: Content Area: Ethics: Therapeutic Relationship/Services This questions tests your knowledge of the ethical steps required for changing a treatment unit or plan. A. Change the unit of treatment. B. Provide informed consent. C. Talk about the risks and benefits of family therapy. D. Refer the daughter to an individual therapist. Answer: Failure to be a diligent steward of the resources of employing organization =ETHIC. VIOLATIONS ================================================== Question: *102. Cathy is a 28-year-old clerk who works in a department store. A social worker has been seeing Cathy, her 7-year-old son, and her 5-year-old daughter in therapy for a month. She never married her children's father, Bob, who calls "once in a blue moon" requesting to spend time with the kids or will arrive at the door with presents. She receives no support from him and doesn't want to ask him for money because she feels that he will want to visit them more if she does. If Bob subpoenas the children's therapy records, what would be the most appropriate move for the social worker to take? Content Area: Law: Confidentiality, Privilege, and Consent This question checks your knowledge on confidentiality and privilege. A. Keep the records confidential and make an appointment with Bob to discuss his concerns. B. Indicate to Bob that you can only release the records if Cathy signs a release form. C. Determine whether the subpoena came from an attorney or the court. D. Keep the records confidential and alert Cathy of the subpoena. Answer: 1-Failure to discuss w/ client benefits/risks of transferring care. 2- Failure to discuss w/ ct whether consultation w/ previous service provider would be in ct's best interests. =ETHIC. VIOLATIONS ================================================== Question: 103. During the week you get a call from a concerned mother. She tells you that her 15-year-old son, Aaron, who is in therapy with you, sometimes talks with a gang member on the phone. Today she accidentally picked up the phone and overheard the gang member saying that he is going to kill Aaron. Legally, how would you proceed? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of Tarasoff laws. A. Treat the situation as a Tarasoff case. B. Report the information to the police. C. Maintain Aaron's confidentiality. D. Let Aaron know his mother called. Answer: To practice, condone, facilitate, or collaborate w/ any form of discrimination =ETHIC. VIOLATIONS ================================================== Question: *104. A man is in therapy, and he is pleased with the way it is going. He refers his wife to his therapist. What should the therapist do in this situation? Content Area: Ethics: Professional Competence and Preventing Harm. This question explores the ethics of initiating therapy with the spouse of an established client. A. Encourage his wife to come in for conjoint therapy. B. Turn down the referral and suggest other clinicians. C. Wait until his therapy is done before accepting his wife as a client. D. See the wife individually until you have established a therapeutic alliance, then if the couple desires, see them conjointly. Answer: Soliciting testimonial endorsements (incl. consent to use ct's prior statement as a testimonial endorsement) from current clients or others vulnerable to undue influence=ETHIC. VIOLATIONS ================================================== Question: 105. How would you assess an immigrant family at a first session? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of assessment techniques when working with immigrant families. A. Ascertain their level of acculturation. B. Determine that the father is in accord with therapy. C. Reassure the family that seeking treatment is not a sign of weakness. D. Refer the family to an immigrant support group. Answer: 1-To allow own personal problems, psych.soc.distress, legal probs, SA, or MH difficulties to interfere w/ prof. judgment +performance. 2- If it occurs, failure to seek immediate consultation +take immed. remedial action. =ETHIC. VIOLATION ================================================== Question: *106. You have been seeing Terrie and Jennifer, a gay couple. Terrie and Jennifer want at least one child, but they strongly disagree about whether they should adopt a child or have one by artificial insemination. In their next session, they say they need your help to solve this quandary. You should: Content Area: Ethics: Professional Competence and Preventing Harm. This question evaluates your understanding of appropriate therapeutic boundaries regarding important client decisions. A. Ethically, not give your opinion on this subject. B. Use applied therapeutic techniques to help them evaluate both options before you decide if it would be therapeutically useful to state your opinion. C. Help them problem solve but not give them any personal opinions. D. Refer them to specialists in adoption and artificial insemination so that they can get more information which would allow them to better decide. Answer: Allowing one's private conduct to interfere w/ ability to fulfill profess.responsibilities. =ETHIC. VIOLATION ================================================== Question: 107. A social worker was recently hired at an agency that specializes in work with victims of domestic violence. The agency policy states that the social worker must not include any mandated information in the client's file because it puts the children at risk of stigma if their files are ever subpoenaed. The social worker is responsible for: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to proceed legally when an agency policy conflicts with the law. A. Speaking with an outside consultant to determine the best course of action. B. Reporting the agency to the BBS because other colleagues may act unethically or illegally as a result of this policy. C. Developing a safety plan with the mother. D. Including a child abuse report in the file if one is made. Answer: Faiure to act to prevent the unauthorized and unqualified practice of social work =ETHIC. VIOLATION ================================================== Question: *108. George takes care of his wife, Gracie because she is unable to work. George asks you to help him manage his finances so that he is able to pay Gracie's medical bills, the family bills, and afford therapy. How should you respond to George's request and still maintain proper therapeutic boundaries? Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of how to act within your scope of practice. A. Call a financial planner that you know sometimes works on a sliding scale to explain George's situation and see if she is willing to help. B. Explain to George that you cannot use therapy time to help him with his finances because it is out of your scope of competence. C. Inform George that he will still need to pay you for therapy, but that you are willing to adjust your fee if necessary. D. Introduce George to a budget minder book, show him how to create a budget, and provide referrals to websites to find less expensive medication. Answer: Legal ================================================== Question: 109. A client you have been treating for 3 months is suing you because her online therapist told her that she has undiagnosed Bipolar I Disorder. You did not know that she was also pursuing online treatment from a different therapist. She is claiming emotional distress as a result of your negligence in diagnosing and treating her. Would ethics standards allow you to terminate this client? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of the ethics that regulate termination. A. Yes, because she is seeing another therapist and you must avoid exploitation. B. No, because you continued to treat her without asking about another therapist. C. Yes, because she is seeing another therapist who has a better scope of competence. D. No, because she is suing you and you must avoid negative counter-transference. Answer: Ethical ================================================== Question: 110. A reality-oriented, high-functioning client tells you she has been following a company's stock for a number of years and the company's stock price is several points below the company's book value. She tells you the company's profits should double in the next two quarters due to a return on recent expansion. You would: Content Area: Ethics: Professional Competence and Preventing Harm. This question reviews the ethics of acting on financial investment information obtained in a therapeutic setting. A. Legally not be able to purchase the stock because you received the information in confidence. B. Legally not buy the stock, but you could advise your friends to do so. C. Not buy the stock because of ethical considerations. D. Buy the stock, but only without the client's knowledge. Answer: EThical ================================================== Question: 111. A 13-year old named Colleen leaves you a voicemail asking if you'll be her social worker. Before treating Colleen without parental consent, you need to determine that all of the following factors are present EXCEPT: Content Area: Law: Confidentiality, Privilege, and Consent This question reviews the situations where a minor can receive therapy without parental consent. A. Colleen has a history self-harm. B. Colleen is at least 12 years old. C. There is a good reason not to include Colleen's parents. D. Colleen is mature enough to participate in therapy. Answer: Legal and Ethical ================================================== Question: *112. As part of her telehealth practice, a social worker offers quick online surveys to help clients decide if they want therapy. The surveys ask standard questions for typical diagnoses. One day a client asks for an in-person session because the test suggested that her child has AD/HD. How should the social worker proceed with informed consent? Content Area: Ethics: Therapeutic Relationship/Services This question tests how you would provide informed consent from an internet referral. A. Discuss the fee for a complete AD/HD assessment. B. Discuss the limits of confidentiality related to an online assessment. C. Have the client sign a release authorization to discuss the online survey. D. Explore whether the client wants you to assess her child for AD/HD. Answer: Legal ================================================== Question: 113. 14-year-old Athena and her mother, Voula, moved here from Greece one year ago and were referred by Athena's school counselor. Athena has been cutting school and her grades have been dropping. Tearfully, Voula says, "I don't know what I've done wrong. I just want to sleep all the time." Voula asks, "Can I pay for therapy when I get a job?" How would you clinically manage the legal issue of fees? Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of the legal issues that pertain to fees. A. Manage any counter-transference reactions about the suggested fee arrangement. B. Reach an agreed-upon fee arrangement prior to the commencement of therapy. C. Offer Voula a sliding scale fee before beginning therapy and document your agreement. D. Tell Voula you cannot let her run up a debt because it could create a dual relationship. Answer: provide access except when there is compelling evidence that serious physical injury or death would result. ================================================== Question: 114. After completing a series in "mindfulness," a social worker wants to use new interventions with ongoing clients. From an ethical point of view, can the social worker use this new modality? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to proceed ethically with a change in treatment plan which requires informed consent. A. Yes, but only with new clients. B. Yes, but only with informed consent. C. No, because it represents a change to the treatment plan. D. No, because it represents a change to treatment goals. Answer: provide access except when there is "compelling evidence" that "serious harm" would result ================================================== Question: 115. You have been treating a client who has just immigrated from China. The client does not want to discuss his emotions and wants you to give him advice regarding how to have a successful business in America. You would: Content Area: Ethics: Therapeutic Relationship/Services This question pulls for your treatment strategies when managing diverse populations. A. Share your ideas about viable business opportunities. B. Confront the client regarding his resistance to talking about his emotions. C. Empathize with him regarding the stress that accompanies acculturation. D. Consider the client's cultural values and his expectations of therapy. Answer: you must keep adequate clinical records consistent with the standards of your profession ================================================== Question: 116. Your client Silvia comes to therapy upset because she overheard her neighbor stating that he plans to shoot the mayor tomorrow evening and owns a gun. She tells you she has tried to calm him down, but he just "keeps blaming the system for his unemployment." What is your legal obligation? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question assesses your knowledge of legal obligations related to the Tarasoff ruling. A. Call the police and notify the mayor. B. Discuss options that Silvia has to prevent harm to the mayor. C. Call the police and inform them of the imminent danger. D. Maintain confidentiality. Answer: consent by just one member of couple ================================================== Question: 117. Mr. and Mrs. Chavez come to see you because they are referred to you by their physician. Their doctor has told them that their youngest son has a kidney disorder that will require surgery in the near future. The couple believes that God will intervene in this situation and refuse surgery based on their religious beliefs. Which of the following statements is the BEST response to this situation? Content Area: Ethics: Therapeutic Relationship/Services This is a question concerning medical neglect. A. The parents have the final right to make critical decisions for their son's medical care. B. "Cultural competence" is an ethical obligation that requires social workers to avoid imposing their own values on the client. C. You are mandated to report this situation to a children's protective agency. D. You are legally required to inform the doctor about the parent's decision. Answer: need consent from each individual prior to releasing ================================================== Question: *118. Molly brings 13-year-old Marvin to your office and indicates that she believes the boy is depressed and needs therapy. She indicates that she is Marvin's legal guardian, and that she has consulted with the father, who also wants therapy for Marvin, and says he is willing to cooperate in any way necessary to see that Marvin gets treatment. How would you proceed in obtaining consent to treat Marvin? Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge about consent to treat a minor. A. Consent is not necessary since Marvin is over the age of 12 and is depressed. B. Obtain consent from Marvin's father since he wants therapy for Marvin and has indicated a willingness to cooperate with his treatment. C. Obtain consent from Molly since she is the legal guardian. D. Ask to see the custody papers to determine who should sign for consent to treat Marvin. Answer: can keep joint or separate records. The law requires you to keep adequate clinical records consistent with the standards of your profession, but the law allows you to keep records for a couple either separately or conjointly. ================================================== Question: *119. There's something about your client, Zohar, that reminds you of your brother, and you often find yourself thinking about your brother during sessions and having strong reactions to Zohar because of associations with your brother. Once you accidentally called him by your brother's name. In such a situation, a social worker should: Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of ethical behavior when dealing with counter-transference. A. Make the situation transparent by explaining to Zohar that he reminds you of your brother and process the meaning of this with him. B. Explain the situation to Zohar and tell him that in order to ensure treatment unclouded by personal reactions, you need to refer him to another mental health professional. C. Explain the situation to Zohar and ask how he wants to deal with it. D. Talk about this issue with a colleague in consultation or with your own therapist. Answer: Do not use derogatory language in written or verbal communications to or about cts. Use accurate + respectful language. ================================================== Question: *120. A therapist is leaving for vacation and has referred all of her clients to you. On the day before your colleague is set to leave town, one of her clients calls you and says that she is in crisis and needs to be seen tomorrow. She adds, "my therapist told me that I could call you if I thought seriously about killing myself. Well, it feels pretty serious." Your ethical priority is to: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to intervene ethically in a potential crisis. A. Notify the referring therapist of the client's treatment needs. B. Tell the client to call her therapist who is still available in town. C. Provide the client with a crisis number hotline until you are "on duty" for these clients. D. Ask her to get you quickly up to date on her general treatment so far. Answer: Legal ================================================== Question: *121. Zach comes to his session angry and upset after witnessing a scene at his tennis club where he observed Ludwig Babcock, a tennis trainer, slap a child several times. Zach says that his son told him Ludwig often hits students, but that this is Ludwig's way of preparing the students for competition. After you hear Zach's story, you would: Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of child abuse and reporting requirements. A. Support Zach in expressing his feelings of anger and sadness since neither the alleged perpetrator nor the alleged victim is your client. B. Urge Zach to call Child Protective Services and report child abuse. C. Maintain confidentiality since there is no evidence that the students are injured by the slaps and hits. D. Report child abuse to the police. Answer: legal principle requiring professionals to engage in the standard of care that is practiced by reasonable and prudent members of their own profession in their own locality ================================================== Question: 122. A social worker terminates treatment with a client after six months of therapy. The client files a complaint about this. In order to demonstrate that the social worker had sound reasons for deciding to terminate the treatment, all of the following could be acceptable reasons for terminating EXCEPT: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of the ethical parameters on treatment termination. A. The client has failed to pay a debt of $700 in unpaid fees despite warnings from the social worker that termination could result. B. The social worker wants to change the focus of his or her practice and only treat "high functioning" clients. C. The social worker realizes that the client is involved in a sexual relationship with the social worker's ex-partner. D. The social worker has been unable to resolve strong emotional reactions to the client who reminds the social worker of his/her mother. Answer: Ethical ================================================== Question: 123. A client, who is in court-mandated therapy, tells the social worker that he is going to leave the state because he doesn't want to be in therapy or go to jail for violating probation. The social worker tries to encourage the client to see the benefits of staying in therapy, but the client becomes visibly angry and agitated. If the social worker is concerned about the client's potential for violence, the reason for seeking consultation is NOT to: Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of when consultation is required to maintain scope of competence. A. Meet the legal standard of care. B. Assess the social worker's own blind spots to risk. C. Discuss any suspicions that would validate terminating the client. D. Reassess the social worker's scope of competence. Answer: needs and best interests ================================================== Question: *124. You negotiate a fee with your new client Chetwyn, who asks if his insurance company will pay for the sessions. You tell him that having worked with this company in the past, you're certain that they will pay for your work together. When you receive a check from the insurance company, only half the sessions are reimbursed because you have been meeting with Chetwyn twice a week. You would: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of ethical standards pertaining to fees and insurance billing. A. Bill Chetwyn for services provided that the insurance company did not cover. B. Forego payment because you did not adequately explain the process of fee collection and insurance billing to Chetwyn. C. Advocate for full coverage of Chetwyn's mental health treatment with the insurance company. D. Explain to Chetwyn what happened and inform him that he is responsible for any fees not paid by his insurance company. Answer: act to prevent the actions, do not maint ================================================== Question: *125. Don LaMond is the guest speaker at a conference about domestic violence. He is a licensed social worker but also has a Ph.D. in economics. When the announcer introduces him to the audience, he refers to him as Doctor Don LaMond. Don should: Content Area: Ethics: Business Practices and Policies This question addresses the ethical and legal necessity to clarify one's qualifications in the mental health field. A. Clarify immediately to the audience that he is not a doctor of psychology, as required by ethical standards and legal standards. B. Correct the announcer privately after the presentation. C. Proceed with his presentation. This sort of thing happens all the time. There is no legal or ethical responsibility to do anything. D. Clarify immediately any misleading information as to his qualifications, professional status, or education, as required by law. Answer: no more than 4 years from date ================================================== Question: *126. Several of your clients are homosexual, and one client in particular is the leader of a group for a range of gender identity support groups. She refers several clients to you because she is impressed with your ability to stay "open minded about whoever people want to be." Ethically, what would you want to address first? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to maintain ethical standards with diverse populations. A. You would need to determine if your scope of competence was adequate. B. Avoid a dual relationship with your client by soliciting referrals. C. Since these clients might know each other, explain the limits of confidentiality. D. Explain that if they are in the group for gender identity issues, you cannot treat them for the same issue. Answer: when a SW or client acts in a way outside of their agreed upon duties/role ================================================== Question: 127. Your 52-year-old client returns from visiting his brother in Florida. He explains that his brother, who cares for their 84-year-old father, doesn't take him to his doctor or physical therapy appointments and she occasionally forgets to fill his prescription medication. What is your legal obligation? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question assesses your knowledge of the parameters of elder abuse reporting and when to maintain confidentiality. A. Maintain confidentiality. B. Call Adult Protective Services (APS) in Florida and file a written report within two working days. C. Encourage your client to file an Elder Abuse Report. D. Call Adult Protective Services (APS) in California and file a written report within 36 hours. Answer: 1. at least 12 years old 2. clinical judgment that they are mature enough to participate in and benefit from the therapy AND 3. clinical judgment that without the therapy they would be at serious risk of harm to self or others OR 4. They are an alleged victim of abuse or incest ================================================== Question: *128. A man identifying himself as Lefty calls to set up an appointment for therapy. He tells you that he has a hard time with confrontation and that as a result, he often ends up having to do things he doesn't want to do, and that other people treat him "like a doormat." Lefty tells you that specifically, he wants your help in terminating with his current therapist and doesn't know how to do it. You would: Content Area: Ethics: Therapeutic Relationship/Services This item tests your knowledge of ethical standards related to a therapist's professional competence and integrity. A. Tell him that you can't treat him without the the agreement of the other therapist. B. Tell him that you can't treat him while he is seeing another therapist, and support Lefty in his efforts to terminate with the other therapist before beginning treatment. C. Agree to see Lefty, obtain a release to speak to the other therapist and consult about how to best help Lefty. D. Agree to see Lefty and help him to be assertive and to stand up for himself as he requested. Answer: When working with a family or couple as a unit, the unit is considered the 'client' rather than each individual. Therefore therapists may assert that they may need to share information learned in individual sessions with the other members of the unit. ================================================== Question: *129. What is the expected length of time to keep client records after the client has been terminated? Content Area: Ethics: Business Practices and Policies This question assesses your knowledge of the length of time you are required to keep a client's records after therapy has been terminated. A. Records must be retained for a minimum of 7 years after the date that the client begins treatment. B. At least 7 years after the termination of an adult client and 10 years after the termination of a minor client. C. At least 7 years after the termination of an adult client or until a minor client turns 21. D. Records must be retained for a minimum of 7 years after the date that the client terminates treatment. Answer: Maintain confidentiality and do not report ================================================== Question: 130. You schedule a couples' counseling session, but when a 29-year-old female comes to the initial session she apologizes for her husband and explains that he refuses to attend couples' counseling. She is concerned about his drinking and drug use and thought counseling might get him the help he needs. She states that her husband will never admit he has a substance abuse problem, and that she is fed up. She asks you to help her. Ethically, you would: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of the ethical obligations that pertain to clients' expectations of treatment. A. Inform her of your "no secrets" policy now, in case couples therapy does occur later. B. Since she apologized for him and wants couples counseling to help him, assess for co-dependency and whether individual therapy might be more effective. C. Clarify what she means by "helping her." D. Inform her that it would be a dual relationship if you began therapy with her individually and then saw both of them concurrently. Answer: must assess the ct's motivation for giving the gift. IF giving the gift supports the ct's therapeutic process and needs, it may be ok to accept ================================================== Question: *131. Your client returns from a vacation in France with an expensive bottle of champagne and gives it to you to thank you "for all the wonderful help you've given her." You: Content Area: Ethics: Business Practices and Policies This question tests your knowledge of ethical conduct in the area of client gift-giving. A. Accept the champagne in the spirit in which it was offered. B. Accept the champagne and explore the meaning behind the gift. C. Refuse the champagne and explore the meaning behind the gift. D. Accept the champagne but tell her you're going to give it to a colleague so as not to create a dual relationship with her. Answer: provide info directly pertaining to child abuse allegations, otherwise request must be in writing for anything else ================================================== Question: *132. A recently divorced 40-year-old client tells you that her ex-husband is leaving threatening remarks on her social network pages. She has tried to block him, but he finds ways to get on anyway. He lives out of state so she tells you that she doesn't really think he is a threat; "he's just trying to get under my skin, and it is working!" As a mental health professional, what would be your best legal course of action? Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of a social worker's legal responsibilities concerning confidentiality when a client is threatened. A. Report to the police because of the serious threat of violence to an identifiable victim. B. Provide your client with the numbers of shelters or see if she is willing to stay with friends or family members if the threat is imminent and serious. C. Ask your client to invite her ex-husband to a session and teach harm reduction techniques. D. Discuss the situation with your client. Answer: youth under 14 with consensual partner 14 yo+ ================================================== Question: 133. Richard, 38, tells you that he is missing more and more work due to back pain. He tells you that he has been to several doctors who prescribe pain medication because he cannot afford to take time off of work. He tells you that he skips work or leaves early because sometimes the "meds make me so tired and fuzzy in my thinking,that I would be fired if I showed up like that." As a social worker who is not experienced with substance abuse, what is your next course of action? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of when to make competent referrals. A. Refer him to AA. B. Refer him to an MD. C. Encourage him to take time off of work to get physical therapy for his back. D. Obtain consultation to determine the extent of his problem. Answer: sexual activity with youth 14-15, consensual partner 10+ yrs older (24/25+) ================================================== Question: 134. A mediator contacts a social worker requesting that she contribute to an ongoing child-custody decision. If the social worker agrees to provide information, the social worker should: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge about how to provide informed consent regarding dual relationships. A. Tell the mediator the fee for conducting custody evaluations before doing so. B. Advise the clients about the risks of this dual relationship. C. Determine if custody evaluation is within her scope of practice. D. Limit information disclosed to the mediator that is related to custody. Answer: consenual intercourse with minor under 16 and adult 21+, 16+ no report ================================================== Question: 135. After seeing Mary in therapy for six months, she reports she can't afford your fee anymore, and wishes to trade services. She wants to provide all your marketing and printing needs to promote your practice. Since she is already your client you would: Content Area: Ethics: Business Practices and Policies Your knowledge of dual relationships and the ethics of bartering for therapeutic services is tested here. A. Agree to trade services because it would be unethical to terminate at this point in treatment. B. Not agree to trade services and refer her to a low-fee counseling center immediately. C. Not agree to trade services and attempt to slide her fee to a rate agreeable to both of you. D. Agree to trade services if a sliding scale fee could not be agreed upon, but reassess the arrangement in a few months. Answer: any forced or coerced sexual activity w/ youth under 18, perpetrator any age ================================================== Question: *136. Your client works for a local newspaper arranging advertising space. You place an ad in the same newspaper for an upcoming therapy group. The client turns out to be the person who does the ad layout. Ethically: Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your ability to recognize your role in a dual relationship. A. You have every right to place an ad in this newspaper. B. This is an avoidable dual relationship and you should have advertised in a different newspaper. C. You are required to withdraw the ad. D. You should request that the client decline the job if it happens again. Answer: NO ================================================== Question: *137. A social worker working with an individual is becoming convinced that marital therapy would be better for a client. The social worker suggests that the client bring her husband for a session, but the client is afraid her husband will monopolize the session. Scope of competence obligations require the social worker to: Content Area: Ethics: Business Practices and Policies This question tests your knowledge of how to proceed ethically when conjoint therapy may be in the best interests of the client. A. Refer the client to a couples therapist. B. Sign a "no secrets" policy at the first session if the husband does come for a session. C. Explore her reasons for recommending conjoint therapy. D. Address the wife's concerns about her husband's "monopolizing" the session. Answer: Use is impairing their ability to care for their child ================================================== Question: 138. After seven sessions, your client tells you that she just started seeing another therapist. She explains that she knows that therapists cannot be friends with their clients so she figured she would take the first step and find another therapist. She tells you she would like this to be your last session, and she will text you in a couple of months. You: Content Area: Ethics: Therapeutic Relationship/Services This question addresses the ethics of the therapist/client relationship, including client abandonment. A. Since the client initiated the termination, you should terminate. B. Explain that terminating therapy to pursue another relationship is unethical. C. Do not return her texts when it appears. D. Should seek consultation to avoid the appearance of client abandonment. Answer: Parent drug use will impair ability to care for the child ================================================== Question: *139. José, a 49-year-old single Mexican-American surgeon, is abusing prescription medication. He was referred to therapy by his lawyer and is thirty minutes late for his first session. José says he doesn't want you to take notes, "Because my patient is suing me and I don't want more evidence against me in court." José declines a referral to a 12-step group because he fears he might be recognized. He asks you to teach him to stop using drugs. Which of the following is NOT an ethical obligation that would affect your ongoing treatment of Jose? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to assess whether the client will benefit from therapy. A. Assess whether your treatment plan will require 12-step participation now or at some time in the future. B. Because 12-step programs do not duplicate individual therapy, tell the client that concurrent treatment is advisable. C. Explain the risks and benefits of 12-step programs. D. Take the client's lead in the treatment plan to minimize the effects of negative counter-transference. Answer: You can be subject to civil penalties ================================================== Question: 140. You receive a phone call from Pat, a former high school sweetheart and first sex partner. You and Pat have not spoken in 20 years, and now Pat asks if you will provide treatment for some life adjustment issues. Pat says you would be perfect because there is already trust between you from the old days. How would you proceed? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your ethical information regarding therapy with former sexual partners. A. Decline to see Pat because professional ethics forbid social workers from treating former sex partners. B. Make an appointment with Pat since there are no laws or ethics about treating someone with whom a social worker has previously had sex. C. Agree to treat Pat since it has been more than two years since there was a sexual relationship. D. Decline to see Pat because social workers cannot have sex with former clients. Answer: Release all records with the exception of psychotherapy notes (private notes kept separate from medical record) ================================================== Question: 141. After a crisis in her own life, a social worker cancels her appointments with clients for two weeks. What must she do next to meet ethical obligations related to informed consent? Content Area: Ethics: Therapeutic Relationship/Services This question pertains to providing clients with information about your availability which is part of informed consent. A. Tell clients that she will reassess her ability before returning to work. B. Tell clients that she will not take calls during that time. C. Reconsider treatment plans when she returns. D. Obtain consultation to assess if she is ready to return. Answer: assert privilege b/c making that decision is outside a SW's scope of practice, only the court can decide that ================================================== Question: *142. A potential client says she wants to work on "inner conflicts." You would: Content Area: Ethics: Professional Competence and Preventing Harm. This is an informed consent and scope of competence question. A. Refer her to a psychologist or psychiatrist. B. Clarify your scope of competence before agreeing to treat her. C. Suggest that working on her relationship issues could work out her inner conflicts. D. Initially explore her inner conflicts to determine your treatment plan. Answer: -client has introduced his or her emotional condition in a legal proceeding -client has treated privileged information as though it were not confidential • breach of duty • The therapist sues the client for non-payment (content of therapy remains confidential). • The client sues the therapist for malpractice. • therapist appointed by court to examine client • If the client has sought psychotherapy to commit a crime and/or escape punishment for a crime. • client is under 16 and victim of a crime (e.g. extortion, statutory rape) • In a proceeding requested by a defendant to determine sanity. • client brings proceeding to establish competence. ================================================== Question: *143. Ronald is a 37-year-old moderately successful artist you have been treating for three years for depression and relationship issues. His income is sporadic, and you bill him monthly, but he had never let his balance get too high. Now he owes you $2,100. He offers to give you a painting whose value is roughly equal to the amount he owes you. How would you proceed? Content Area: Ethics: Business Practices and Policies This question tests your knowledge of ethical issues regarding client debt, dual relationships, and bartering and techniques to manage those issues. A. Decline the painting and tell him that based on his history with you, you trust that he will pay you in full when he gets the money. B. Accept the painting so that you can eliminate the debtor/creditor dual relationship. C. Accept the painting but process with Ronald the meaning of exchanging his art for your services and have him sign a statement of mutual agreement. D. Decline the painting and suspend treatment until Ronald pays you a significant amount towards reducing the balance due. Answer: 1. document attempts to connect with parents and involve them in the treatment unless clinical judgment that this would be inappropriate/detrimental to minor 2. remember that parents are NOT responsible for payment if minor receives tx w/o their permission ================================================== Question: *144. Burt, a withdrawn young adult, has been seeing you to help him with debilitating anxiety in social situations. You learn that Burt's previous therapist used highly questionable methods, including having Burt take her on "dates." He hints that this social worker encouraged him to have sex with her. What should you do? Content Area: Law: Legal Standards for Professional Practice. This addresses therapist/client sexual contact and unethical social worker behavior. A. Call the appropriate licensing board and see if any reports have been made on this other therapist in the past. B. Continue to see Burt and monitor closely anything he says regarding this social worker, so you can take appropriate action when necessary. C. Question Burt directly on whether he had sex with the previous social worker and give him the brochure if he says yes. D. Give Burt the brochure, "Professional Therapy Never Includes Sex" regarding sex and therapy and discuss it with him. Answer: 1. SW should maintain minor's confidentiality in tx and clearly outline policies about this in writing during initial consents 2. SW can deny parent access to minor's records if you think it will have a detrimental effect on your therapeutic rx with minor, their physical or psychological safety/wellbeing 3. Parents legally have right to see minor's tx info and assert privilege on their behalf if they are deemed a guardian ad litem ================================================== Question: 145. Bridget comes to therapy describing how sad and hopeless she feels. You give her a Beck's Depression Inventory that reveals that she has a moderately high level of depression. At the end of the session, she asks you for a prescription for Zoloft. What is your initial response to her request? Content Area: Ethics: Business Practices and Policies This question probes your understanding of techniques for addressing a client's expectations of therapy. A. Suggest to Bridget that she increase her level of physical exercise. B. Review the nature of your license as it is explained in your informed consent. C. Refer Bridget to a psychiatrist for a medication evaluation. D. Discuss with Bridget the pros and cons of taking an antidepressant medication. Answer: Person's mental/psychiatric condition prevents him/her from being able to provide for: -food -clothing -and/or shelter AND -there is no indication that anyone is willing or able to assist him/her in procuring these needs ================================================== Question: *146. Twelve years ago, the Drake family came to see you for family therapy. At that time Mr. and Mrs. Drake were having problems with their two children, ages 2 and 5. The Drakes are now divorcing and are in court to determine custody of their two children. You receive a subpoena from Mr. Drake's attorney for therapy records for these sessions. You call both Mr. and Mrs. Drake and they each ask you to release the records and send you waivers to that effect. You still would not release the records because: Content Area: Law: Confidentiality, Privilege, and Consent This question explores your knowledge of privilege and how to handle subpoenas in a custody case. A. The children must sign releases since they are old enough to participate in custody issues. B. You no longer have the records after 10 years. C. The court has not appointed guardians ad litem. D. The judge has not ordered the release of the records. Answer: Minor's mental/psychiatric condition prevents him/her from being able to provide for: -food -clothing -and/or shelter EVEN IF they are supplied for them directly (i.e. paranoia/depression) ================================================== Question: 147. Terran came to five couples' sessions with his wife complaining about how she belittles him and expects him to act more American. Terran had a difficult time listening and compromising because he believed his wife was disrespecting him, and they terminated treatment. You receive a subpoena for his records from an attorney representing his employer and learn that he is suing his employer for discrimination and emotional suffering. When you try to contact Terran about the subpoena, he does not return your calls. You would: Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of how to proceed when you receive a subpoena. A. Assert privilege. B. Call his attorney and ask the attorney to ask Teran to call you back. C. Contact Terran's wife since she was in session and has a right to confidentiality too. D. Release the records since he has entered his emotional state into a legal proceeding and this represents an exception to privilege. Answer: •social workers can provide via phone, video, fax, email •only SWs licensed in CA can provide telecare to clients in CA •Medi-Cal only reimburses for video conferencing •Verbal consent is sufficient ================================================== Question: *148. A client that you treated 10 years ago terminated when her therapy goals had been reached, and she was ready. Which of the following would be legally required if this client returned to therapy with you at a new office? Content Area: Ethics: Business Practices and Policies This question tests your knowledge of how to maintain the standards of practice for documentation of client files. A. Have the client sign a new release authorization. B. Open a separate file if the client was in family therapy before. C. Sign a new informed consent form. D. Refer to another therapist if the client was a minor in therapy before. Answer: 1) information about the nature, extent, and duration of the participation requested 2) disclosure of the risks and benefits of participation in the research 3) must be written ================================================== Question: 149. You discover that you are dating a potential client's ex-husband. You would: Content Area: Ethics: Business Practices and Policies This question checks your knowledge of ethical, transference, and counter-transference issues. A. Not see the client. B. Discuss with the client how she feels about your relationship with her ex-husband. C. Begin to see the new client and seek consultation. D. Break off the relationship with the man and begin the therapeutic relationship with the client. Answer: C. Obtain written authorization from the entire family to contact their lawyers and waive/assert privilege as the family sees fit. You would be required to obtain written authorizations from the family in order to contact their lawyers who would determine whether to waive or assert privilege. ================================================== Question: 150. Answer: A. Call Adult Protective Services and report physical abuse. Social workers are mandated to report physical injury to an elder, inflicted by another person, that occurs by other than accidental means. ================================================== Question: Soliciting private info beyond what is essential for providing services: ethical or legal? Answer: B. Clarify for the family how your therapeutic work differs from religious counseling. This response addresses your client's expectations about therapy and promotes a better understanding of the process. ================================================== Question: Maintaining clinical records: ethical or legal? Answer: C. Do not accept the gift, explain to Melissa how the gift giving could negatively impact the therapeutic relationship, and process Melissa's reaction. Not accepting this expensive gift is the ethical course of action. Additionally, explaining your reasoning to Melissa and processing her reaction demonstrates good ethical management. ================================================== Question: Securing a license/registration by fraud: ethical or legal? Answer: C. Only to those qualified to interpret them. Psychological evaluation test scores should only be released to people who are able to interpret them appropriately. However, if a client insists on seeing his/her test scores, the therapist must release them but must also provide interpretation of the scores in a way that the client can understand. ================================================== Question: Incompetence in performance of clin SW: ethical or legal? Answer: A. Fetal abuse. Fetal abuse is optional under the mandated reporting laws. ================================================== Question: Act or omission that falls sufficiently below standard of conduct as to constitute gross negligence: ethical or legal? Answer: B. Determine who has been assigned by the court as the guardian ad litem for the minor and inform him/her of the subpoena. It would be important to determine who is your client's guardian ad litem and inform him/her of the subpoena so a decision about privilege can be made in the best interest of the child. ================================================== Question: Sexual relationships: ethical or legal? Answer: B. Say nothing and continue seeing both clients while you monitor your counter-transference and ask colleagues for assistance with the case. It would be important to have peer supervision or a paid supervisor in cases like this where counter-transference issues are bound to arise. An eventual referral for one or both clients might be necessary also. ================================================== Question: Performing, acting as if able to perform, offering to perform any professional services beyond scope of license: ethical or legal? Answer: B. Acknowledge the effects of racism and listen to his perspective. Acknowledging that racism exists is a supportive and immediately genuine response. Allowing this client to share his experiences will build trust and rapport. ================================================== Question: Failure to maintain confidentiality: ethical or legal? Answer: D. Document your crisis interventions in the first session. The laws about record-keeping require you to document any and all interventions. ================================================== Question: Fee disclosure: ethical or legal? Answer: A. Respect her wishes to terminate and explain that you will not respond to emails or social network posts that invite your friendship. You may terminate a client if they want to end therapy, but if they want to terminate in order to pursue a friendship, you would need to process how this will occur before the therapy ends. ================================================== Question: Paying, accepting payment/ remuneration for referrals: ethical or legal? Answer: C. Maintain confidentiality. Based on the information given in this question you would maintain confidentiality. Juan's threat is dependant upon the death of another person which eliminates the "imminence" that breaking confidentiality under Tarasoff requires. ================================================== Question: Keeping records (LEGAL) Answer: B. Thank you for your acknowledgement of our work together. Let's discuss the implications. Having a discussion about therapeutic boundaries and dual relationships minimizes the chances for misunderstandings and clarifies your role at this ceremony. ================================================== Question: Termination of services -arranging transfer (ETHICAL) Answer: C. Megan is a danger to herself or others without treatment. As of January 1, 2011 (SB543; Leno), mental health professionals, including LCSW's and ASW's, may treat a minor 12 or older without parental consent if the minor is mature enough to participate intelligently in therapy, and there is no longer a requirement for the child to be a victim of child abuse or a danger to self or others. ================================================== Question: Fees (LEGAL) Answer: D. Invite them to explain how their different cultural backgrounds impact their relationship. Having clients educate you about the impact of human diversity issues on their own experience conveys respect, builds rapport, and helps them to clarify and gain insight into the impact it has on their lives. ================================================== Question: Misrepresenting education/license/registration/ qualifications Answer: D. Tell her about the husband's phone call and any fee changes that might result from a change in her insurance coverage. Any changes to fee policies must be discussed before they occur, as directed by legal and ethical standards. ================================================== Question: Termination based on failure to pay (ETHICAL) Answer: B. Decline to make an appointment and refer her to another therapist. The woman who wants to become your client has a prior relationship with you as your child's piano teacher. This is an easily avoidable dual relationship since there are many other therapists that could help this woman. ================================================== Question: Payment for Services: Fees (ETHICAL) Answer: D. Clarify Darren and Samantha's expectations about therapy. Clarifying a client's expectations would begin to answer a client's inquiries about the therapeutic process. ================================================== Question: Payment for Services: Accepting barter (ETHICAL) Answer: A. Call Adult Protective Services immediately to file a neglect report. Reasonable suspicion of neglect exists and it would be up to Adult Protective Services to investigate further. ================================================== Question: Payment for Services: private practice by agency employee (ETHICAL) Answer: A. Help Hermoine with her crisis until her therapist returns. Helping Hermoine with her crisis would be the only ethical way to proceed in this instance since her new therapist cannot be reached, and she has called you for help. Even though you had terminated and were no longer her therapist, when someone calls a social worker in crisis, the law presumes at that point the existence of a special relationship in which the therapist must act in the best interests and welfare of that person. ================================================== Question: Access to Records (ETHICAL) Answer: C. Stop the discussion and do not talk about these clients again. The rules of confidentiality would require the social workers to stop the discussion and not talk about these clients. ================================================== Question: Alleged sexual misconduct of ct's former therapist (LEGAL) Answer: B. The BBS found that the therapist terminated therapy in order to pursue a sexual relationship. Terminating therapy in order to pursue a sexual relationship with a client is prohibited. ================================================== Question: Sexual conduct (LEGAL) Answer: C. Maintain confidentiality because you do not know the age of the mother. You would maintain confidentiality because you do not know his mother's age and you do not have "reasonable suspicion" of elder abuse. ================================================== Question: When providing services to couples/ family members (ETHICAL) Answer: C. Inform Ki that the risks and benefits of therapy may be that he "finds himself" but may change some of his family values. Informing a client about the risks and benefits of therapy which includes altering their sense of self and their family, is an ethical obligation. ================================================== Question: Child abuse reporting (LEGAL) Answer: B. Give her the brochure "Professional Therapy Never Includes Sex" and discuss her options. Therapist sex with a client is prohibited. When a client reveals that s/he has had sex with a former therapist, the treating mental health professional is required to give her/him the brochure "Professional Therapy Never Includes Sex," as well as discuss it with them. ================================================== Question: Seeking consult when needed: ethical or legal? Answer: A. Without providing adequate notice. Ethical standard standards require that clients be given notice of fee increases before they occur. ================================================== Question: Informed consent to tx: ethical or legal? Answer: C. Recommend individual therapy if there are any regressive symptoms in any individual. If the family wants to terminate but one person might still be in need of individual treatment, it would be ethical to recommend this. ================================================== Question: Client self determination: ethical or legal? Answer: B. The court may appoint an attorney to represent the best interests of the child. The courts can assign a guardian ad litem, if needed, to represent the best interests of the child. ================================================== Question: COnflict of interest: ethical or legal? Answer: C. By telephone as soon as possible and in writing within two working days. Mandated reporters must report dependent adult abuse "immediately or as soon as possible by telephone, and shall prepare and send a written report within two working days." ================================================== Question: Duty to Warn: ethical or legal? Answer: D. Discuss the risks and benefits of seeing them as a unit and of seeing Jessica individually. You would need to determine the unit of treatment before doing any of the other actions. ================================================== Question: Scope of Practice: ethical or legal? Answer: C. Inform the supervisor that it is unethical to split fees. It is not ethical for LCSW's to split fees. NASW's ethical standards state that Licensed Clinical Social Workers do not offer or accept payment for referrals. ================================================== Question: Scope of Competence: ethical or legal? Answer: B. Evaluate what would be in the client's best interests and how accepting or rejecting the gift might affect treatment. Depending on the clinical issues, cost of the gift, length of time you've been seeing the client etc. this answer would allow you to act according to the client's needs. ================================================== Question: Standard of care: ethical or legal? Answer: B. Hypnotherapy. Hypnotherapy needs specific additional training beyond the education required to obtain a mental health professional license. ================================================== Question: Privileged Communication: ethical or legal? Answer: B. Indicate that you assessed her risk as "low" and suggested that she call her therapist Although the client has terminated, you still have an ethical obligation that pertains to crisis management. If her crisis were acute, you would have to do more than simply refer her back to her therapist. ================================================== Question: Misrepresentation: ethical or legal? Answer: A. Contact your client to determine if she wants you to waive or assert privilege. Clients hold their own privilege and a social worker must consult with the client to determine whether privilege is to be waived or asserted. ================================================== Question: Fee disclosure: ethical or legal? Answer: C. Call the police immediately and his ex-girlfriend's family. In the vignette described there is imminent peril and there is a reasonably identified victim(s). The Duty to Protect includes the mandate to notify the police first and a warning to the identified victim is permitted. ================================================== Question: Elder/ Dep Adult Abuse Reports: ethical or legal? Answer: B. No, if the social worker does not reveal identifying information about the client to the other professional. According to the National Association of Social Worker's (NASW) Code of Ethics, section (1.07) (q) Privacy and Confidentiality, "Social workers should not disclose identifying information when discussing clients with consultants unless the client has consented to disclosure of confidential information or there is a compelling need for such disclosure." This section implies that the client's direct consent to consult with another professional is required only if identifying information about the client is revealed. Thus, if general aspects of the case are discussed with another professional, permission from the client is not needed. ================================================== Question: Informed consent (ETHICAL) Answer: B. Tell minor clients how you will contact parents if you think there is an emergency. Discussing the limits of confidentiality is an element of informed consent. ================================================== Question: Involuntary clients (ETHICAL) Answer: A. Accept the cookies and explore their meaning with Maria and Juan. Accepting the cookies and exploring their meaning with Maria and Juan would be the best choice available. The cookies are a small gift which may have a cultural component. It is important, once the decision to accept the gift is made, that the personal meanings behind it are explored. ================================================== Question: Providing services via electronic media ETHICAL Answer: D. The client has the right to withdraw from the study at any time. The client has the right to withdraw from the study at any time, and we as therapists, are to respect the client's wishes. ================================================== Question: Dual / Multiple relationships ETHICAL Answer: B. The client signed a waiver of privilege for the records. No records would be disclosed until the client or the client's representative waived privilege. ================================================== Question: Right to privacy (ETHICAL) Answer: C. It is a legal principle that protects client conversations unless there is a court order. Privilege is the legal right of the client not to have confidential information revealed during a legal proceeding. Only a client, judge or court order would challenge privilege. ================================================== Question: Sexual misconduct/ abuse Answer: D. Determine if you can deal with this client at this time. "A", "B", and "C" are all possibilities once you "Determine if you can deal with this client at this time." ================================================== Question: Explaining limits of confidentiality (ETHICAL) Answer: D. Assessing whether a medication evaluation would be necessary. From an ethical point (safety-minded) of view, a therapist would first need to consider all treatment modalities to help a client. In this case, that would include considering whether his anxiety is so severe that medication would help him benefit from therapeutic interventions. ================================================== Question: Confidentiality w/ couples, families, groups (ETHICAL) Answer: C. Being arrested for shoplifting. The law (Business and Professions Code 4982(a) says unprofessional conduct addresses licensees or registrants who have been "convicted" of an offense, not just arrested. ================================================== Question: Right to confidentiality (ETHICAL) Answer: A. Ask if the client would like to be referred to as "he" or "she". From a diversity perspective, the social worker should directly and respectfully ask the client if s/he would like to be referred to as "he" or "she." ================================================== Question: Disclosure of confidential info (ETHICAL) Answer: A. To contact an agency designated to take a report and follow up with a written report within 36 hours. Your responsibility is to contact a designated agency and follow up with a written report within 36 hours. ================================================== Question: Self-determination (ETHICAL) Answer: C. The social worker should not make this type of referral yet as the client is still in a vulnerable condition. EMDR can be especially effective when a person is suffering from a recent trauma. In addition, you have already determined the client's need for this referral. ================================================== Question: Consulting with colleagues (ETHICAL) Answer: A. Assert privilege until a guardian ad litem has been appointed for the client. When subpoenas are received for testimony or records involving clients who are minors therapists should assert privilege until the parent(s) or guardians of the child obtain "guardian ad litem" status. ================================================== Question: Referrals (ETHICAL) Answer: B. Outline the process of treatment. Engaging in the process of informed consent, for example, explaining the therapeutic process at the beginning of therapy is an ethical obligation. ================================================== Question: Sex with colleagues (ETHICAL) Answer: A. Disclose any fees which are different from in-person sessions. Fee disclosures are legally required before changes to treatment occur. ================================================== Question: Unethical actions by colleagues (ETHICAL) Answer: C. Counsel both of them. As social workers, it is important for us not to impose our values and beliefs on our clients. ================================================== Question: Incompetent or Impaired colleague (ETHICAL) Answer: C. Informing the couple of your "no secrets" policy Informing the couple of your "no secrets" policy is solely an ethical responsibility. ================================================== Question: Billing (ETHICAL) Answer: A. Report immediately to Adult Protective Services and make a written report within 2 working days. There is a mandated responsibility here since you have knowledge or reasonable suspicion of elder abuse. You would report immediately by phone and follow up with a written report within 2 working days. ================================================== Question: Responsibilities towards employer (ETHICAL) Answer: A. Provided ethical informed consent. The social worker's explanation to the client about the clinical effectiveness of texts and emails is a form of informed consent. ================================================== Question: Client transfer (ETHICAL) Answer: A. Assist them with information you deem pertinent to the situation at hand. In the event of a medical emergency it is permissible to give information to medical professionals that may be treating the client. Social workers are permitted to speak with other health professionals for purposes of treatment and diagnosis in recognition of situations such as these. ================================================== Question: Discrimination (ETHICAL) Answer: A. Complete class as usual without acknowledging the client unless he/she acknowledges you and explore his/her reactions in your next session. Maintaining confidentiality means not acknowledging clients without their permission when you see them outside of therapy. It would be important to discuss the client's feelings about seeing you outside the therapeutic setting. ================================================== Question: Solicitations (ETHICAL) Answer: B. Accommodate your fee since you've established a bond. Because you've established a bond, accommodating your fee would be in the best interests of the client. If an accommodated fee cannot be agreed upon, then providing three low-cost therapy referrals would be appropriate. ================================================== Question: Impairment (ETHICAL) Answer: C. Engage Bobby in a therapeutic conversation. The ethical standard is to speak with the colleague to try to rectify the issue first. ================================================== Question: Private conduct (ETHICAL) Answer: B. A peace officer, staff member of an evaluation facility, or other professional person designated by the county. A peace officer, a staff member of an evaluation facility or other professionals designated by the county, may invoke a 5150. ================================================== Question: Integrity of profession (ETHICAL) Answer: D. Review dual relationships with your client and healthy boundaries. Of the answers provided, reviewing dual relationships with your client and healthy boundaries, would allow BOTH of you to work to maintain appropriate boundaries. This would allow you to know if this arrangement was going to be uncomfortable for your client, or create any therapeutic problems. It is the most reasonable of the options provided. ================================================== Question: Minor consent: ethical or legal? Answer: A. Journaling, peer consultation and individual therapy. Journaling, peer consultation and individual therapy are the appropriate steps in which you would ethically deal with counter-transference. ================================================== Question: "No secrecy" rule: ethical or legal? Answer: C. You have sufficient reason to treat Brianna without parental consent. This scenario indicates that Brianna meets all the legal requirements for being treated without parental consent: she is mature enough to participate intelligently in therapy, she meets the minimum age requirement of 12-years-old, treatment will occur in an outpatient setting and she is responsible for the fee. The only criterion that remains is to determine if there is a clinical reason to exclude her parents. ================================================== Question: Professional boundaries: ethical or legal? Answer: B. Make three referrals out of town. Ethically, you need to provide Liz with the containment she needs to work through her early childhood issues. This can best be accomplished by referring her to social workers in her new area rather than concretizing her transference to you, i.e., "you're the only person who can understand and help me." ================================================== Question: Explain your privacy practices (incl. privileged communication) Answer: A. Bill the insurer, indicating that the charge is for a missed session, and tell the client he/she is ultimately responsible for the fee. It is legal and ethical to bill insurers for missed sessions as long as this is clearly indicated in the billing codes. ================================================== Question: Protecting privileged communcation Answer: C. Legally fulfilled your responsibility to provide accurate information about your qualifications. You are legally required to provide accurate information about the range of services you can provide, given your license. ================================================== Question: Access to records (legal) Answer: B. Seek consultation. Of the choices given, seeking consultation is the first step you would take if you are having angry feelings towards this client. It would be important to understand your reaction and to carefully assess how you would proceed. ================================================== Question: Access to records (ethical) Answer: C. Direct questions about his revenge plans. The social worker would need to determine if the client has a specific and imminent plan to warrant breaking confidentiality. ================================================== Question: Keeping records (legal) Answer: B. The social worker and client both agree that it seems as if no further progress can be made. This is the best answer since it takes into account both social worker and client and the very important concern of client progress. ================================================== Question: Access to couple therapy records by 3rd party (legal) Answer: C. Document your decision to meet individually with José. An important legal obligation, since you are changing the unit of treatment from a dyad to individual treatment of a minor, is to obtain consent to treat a minor and document it. ================================================== Question: Access to couple therapy records by 3rd party (ethical) Answer: B. Notes on any peer consultations regarding counter-transference issues around the case. Notes dealing with the social worker's personal issues should not be placed into a client's chart. ================================================== Question: Keeping records of couple (legal) Answer: C. It is unethical. LCSW's do not use their professional relationships with patients to further their own interests. ================================================== Question: Derogatory language (ethics) Answer: C. The fee and the true name and license of the designated owner of the practice. The fee and the name of the owner of the practice, if using a fictitious business name, are legally required disclosures at the onset of therapy. ================================================== Question: Involuntary hold (ethical or legal?) Answer: D. Decline his request to tell her for him. Declining his request is the only ethical answer. You might also say that you will support him while he tells her, if he wishes. ================================================== Question: standard of care (meaning) Answer: B. You are legally mandated to contact Adult Protective Services for dependent adult abuse. This disabled client says she's on SSI (Supplemental Security Income) which indicates she has a severe disability preventing her from gaining income through employment. Chances are she would be considered a dependent adult and it is important to report financial abuse of dependent adults to APS. ================================================== Question: Seeking consultation when needed (ethical or legal) Answer: A. Legal if the therapist's informed consent information includes emergency contacts in the case that the therapist is unavailable. Information about availability between sessions or in emergencies is an element of safety planning which is both a legal and ethical requirement. ================================================== Question: In making decisions about ethics, always put the clients' ___________ first Answer: A. She must submit to you a request in writing. Clients must submit in writing any request to see their records. ================================================== Question: Evidence Code 1024: client threatens danger to self, others, or property. What should a SW do? Answer: B. You may practice EMDR if you are properly trained. A therapist may utilize EMDR as long as s/he has the appropriate education, training and experience. ================================================== Question: Civil court statue of limitation for how long a SW can be sued for liability for a client's suicide Answer: A. At the commencement of treatment. At the beginning of the first session is the best answer. You would want to have an ongoing review of policies, as needed, throughout the course of treatment. ================================================== Question: 'Breach of Duty' is Answer: C. Informed consent. This type of statement that refers to boundaries and social worker availability represents informed consent. ================================================== Question: Requirements to treat a minor without parental consent Answer: D. Explore with the client what he means by "psychoanalysis." Educate him on your theoretical approach and inform him of your limitations regarding psychoanalysis. Let him decide if he would like to continue therapy with you or receive referrals. It would be important to explore with the client what he means by "psychoanalysis," as he may be referring to psychotherapy in a more general way. As part of informed consent, it is also important to explain to him about your theoretical approach so that he is informed about the service you do offer. This puts him in a position to make an educated decision about continuing therapy with you or receiving referrals for other mental health professionals. ================================================== Question: 'No Secrets' policy Answer: D. Speak to her supervisor about making adjustments in her workload. NASW ethical standards say that social workers whose personal problems interfere with their professional judgment and performance should immediately seek consultation and take appropriate remedial action, including making adjustments in workload. ================================================== Question: Legal requirement if HIV+client reports intentions to infect other via sex Answer: A. Decline to supervise the intern. Declining to supervise the intern is the best ethical choice given here (it is possible that with the proper ongoing consultation and responsible care, this particular dual relationship could be ethically acceptable). Although some dual relationships are considered unavoidable, particularly when there are limited choices, the ethics are less ambiguous in stating that supervisors do not take on current or former therapy clients. ================================================== Question: Rules for deciding wherther to accept a gift from a client Answer: A. Provide Joyce with safety information. As Joyce appears to be the victim of abuse by John's son, it is important that you provide her with safety information. ================================================== Question: CPS worker requests information about a client following a child abuse report, what do you do? Answer: B. Obtain consent-to-treat him if he changes from family therapy to individual telehealth therapy. If he is in family therapy now, but changed to individual therapy, you would need legal consent-to-treat with a minor. ================================================== Question: When mandated report is required for consensual sexual touching/intercourse Answer: D. Ask each family member to explain to you from their point of view the meaning this religious ceremony has to them and their family. The most inclusive and culturally considerate answer would be to have each family member represent their own views on religion and expand their perspectives by discussing the impact of religion on the family as a whole. ================================================== Question: Mandated report required for Lewd/lascivious acts with ages: Answer: A. Mental suffering. Optional Category. Mental suffering (fear, agitation, confusion, severe depression, serious emotional stress brought on by threats, harassment, or intimidating behavior) are not mandated. ================================================== Question: Mandated report required for sexual abuse when: Answer: D. Acted unethically and illegally. Although the gift is not substantial in value, social workers are prohibited by law and ethical standards from accepting or providing any kind of remuneration for referrals. ================================================== Question: Mandated report required for sexual assault when: Answer: B. You would need to assess for child abuse. Under any circumstances in which the safety of a minor is at risk, your first legal obligation is to assess for child abuse. ================================================== Question: Is there a mandated reporting requirement for emotional abuse? Answer: A. Tell the client it would be a dual relationship to act as a social worker and sponsor. Social workers are obligated to tell clients that if a dual relationship is avoidable, that it must be avoided. ================================================== Question: Mandated report required for parent alcohol/marijuana use only required when: Answer: C. Assess for further boundary violations. Assessing for further boundary violations would be important in order to determine the extent of boundary violations and if there had been any sexual contact between the therapist and your client. ================================================== Question: Mandated report required for newborn testing positive or illicit drugs only when: Answer: A. Call Child Protective Services. It is possible that the consensual sexual activity between the older sister and her boyfriend may be reportable but the exposure of Patricia to it definitely triggers a mandated report. ================================================== Question: What can happen if you don't comply with a subpoena? Answer: A. Review the fee policies outlined in your informed consent document. Going over relevant fee policies such as the basis on which it is computed, sliding scale polices or fees for late cancellations constitutes sound ethical management. ================================================== Question: When client gives consent to release their records to court, social workers are legally obligated to: Answer: C. The social worker will speak only with the person on the release. This answer provides the client with information to the client so that she can consent or refuse to consent to this part of the treatment. ================================================== Question: If a SW receives a subpoena that they believe is an 'exception to privilege' circumstance, they should FIRST: Answer: D. This would be considered outside of your scope of competence. EMDR in this vignette is outside of your scope of competence. Being in your scope of competence entails that you perform professional services warranted by your "education, training, and experience." ================================================== Question: primary circumstance where privilege of a client's information can be waived in court: Answer: C. Not disclose to John's mother that John is your client. Given the choices available, not disclosing to the mother John is your client is the legal course of action because we don't know if the woman on the telephone is actually John's mother. In order to speak to her, a release would be required.; therefore, the social worker's initial obligation is to maintain John's confidentiality. ================================================== Question: What is a therapist required to do regarding parents when treating a minor without consent? (2 things) Answer: D. Rowene violated ethical standards, but not the law. Both the law and ethical standards clearly state that sexual relationships between social worker and client are prohibited during therapy and in the two year period following termination. The sexual relationship started more than two years following termination, so the relationship is not illegal. However it violates NASW Ethical code 1.09 (c) which states that social workers do not have sexual relationships with former clients. ================================================== Question: Important rules of confidentiality when treating minors: (3 things) Answer: B. Your client tells you the elementary school swim instructor is molesting her nine-year-old son. You must report both known and suspected child abuse to a child protective agency. Since your client tells you that the elementary school swim instructor is molesting her 9-year-old son, you are mandated to report this abuse. ================================================== Question: "Gravely disabled" criteria for 5150 forcible hospitalization of an adult: Answer: A. Under no circumstances, since a client is always a client and this could constitute a dual relationship. Non-sexual, post-therapy relationships may be ethical depending upon the reasonableness of the post-therapeutic relationship and the reasonableness of the time since therapy. However, the highest ethical standard is to avoid relationships with former clients because they may want to return to therapy. ================================================== Question: "Gravely disabled" criteria for 5150 forcible hospitalization of a minor: Answer: B. Provide her with a copy of "Professional Therapy Never Includes Sex" and answer her questions about it. Your legal responsibility is to provide the pamphlet "Professional Therapy Never Includes Sex" and discuss it with the client if he or she informs you of sexual misconduct between him/herself and a therapist. ================================================== Question: Rules for providing telemedicine Answer: D. Set the fee before the first session. Setting the fee before the first session is both a legal and ethical responsibility. It is one of many things to do when setting boundaries. ================================================== Question: SW research informed consent must include what? Answer: A. That you will need them to sign an agreement to change the treatment plan. Ethics do not require a signature on a treatment plan. ================================================== Question: 1. You are treating a family consisting of Sharon, 33, Mike, 36, Carol, 15, and Billy, 12. You receive a subpoena from a lawyer, regarding a lawsuit over an inheritance, for which another family member is suing your clients. The subpoena requests all records for the purpose of showing that this family is not mentally competent to receive the inheritance. How would you manage this situation? Content Area: Law: Confidentiality, Privilege, and Consent This question looks at your legal responsibility when receiving a subpoena for an entire family, not just an individual client. A. Get a release from the parents since the parents hold the children's privilege. B. Contact the lawyer to assert privilege on behalf of the family. C. Obtain written authorization from the entire family to contact their lawyers and waive/assert privilege as the family sees fit. D. Comply with the subpoena since their mental condition has been entered into a legal proceeding and send a copy of the records. Answer: C. The 14-year-old client. The client is always the holder of his or her own privilege, unless the court assigns a guardian ad litem or conservator. ================================================== Question: 2. Sidney comes to his session with his 80-year-old mother, who uses a walker following a bad fall, that she reports was caused by a fight with her husband. The mother tells you that the fight was her fault, and she knew that if she kept goading her husband, he would explode. A social worker in this situation must: Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of laws regarding elder abuse. A. Call Adult Protective Services and report physical abuse. B. Call law enforcement within 24 hours and follow-up with a written report to local law enforcement, licensing agency, and ombudsman. C. Explore possibilities for alternative living arrangements and address the feelings both she and Sidney are experiencing. D. Report domestic violence since the victim was an elder. Answer: B. Report the incidents to a children's protective agency. This vignette describes sibling abuse that has been occurring for a while. The parents are not in control of the situation, and you are mandated to report. ================================================== Question: *3. A 17-year-old girl, Janet, is referred to you by her school counselor. Janet's nose, eyebrow, and tongue are pierced, and her hair is dyed green and yellow. Janet says that recently her twin brother Michael comes into her room at night and tries to "play sleep-over" with her. Janet tells you that a cute boy she met at a rave last week wants her to move in with him. She asks you not to tell her parents that she's seeing you because they're "extremely religious." How would you manage your ethical responsibilities if you were working with the entire family? Content Area: Ethics: Therapeutic Relationship/Services This question test your knowledge of the ethical issues that arise when treating a family unit. A. Clarify for Janet that, as a victim of abuse, she can consent to her own treatment without her parents' permission. B. Clarify for the family how your therapeutic work differs from religious counseling. C. Review your fee policy, especially as this case involves various family members and religious issues. D. Explain the limits of confidentiality to Janet with regard to sexual abuse. Answer: A. Would explain that you need a release from the parents to communicate to the court. Even though the court referred this family, the family is your client, and you cannot break confidentiality without a written release. ================================================== Question: 4. Your client Melissa comes in at Christmas time, gives you an expensive watch, and expresses how thankful she is for the help you have given her. How would you best ethically proceed? Content Area: Ethics: Business Practices and Policies This question assesses your knowledge of the ethical management of gift-giving by clients. A. Review your informed consent document with Melissa specifically discussing boundaries. B. Accept the watch since Melissa very rarely gives you gifts, and you suspect there may be an element of cultural diversity to heed. C. Do not accept the gift, explain to Melissa how the gift giving could negatively impact the therapeutic relationship, and process Melissa's reaction. D. Do not accept the gift since ethical standards prohibit accepting gifts from clients. Answer: A. Educate yourself on the psychosocial impact of being in a wheelchair. A better understanding of the issues Dale and Natasha face as a result of Dale's disability would certainly be an important aspect of their treatment and would meet your ETHICAL obligations. ================================================== Question: 5. Psychological evaluation test scores should be released to: Content Area: Ethics: Business Practices and Policies This question deals with the ethics involved in the release of test scores. A. Clients always. B. Only the parents of children. C. Only to those qualified to interpret them. D. Only to other therapists who have the proper training to interpret them. Answer: A. Only accept referrals within his scope of competence. Robert should only accept referrals within his scope of competence as determined by education, training and experience. While developing new areas of practice, mental health workers take steps to ensure competence through appropriate education, training, consultation, supervision, etc. ================================================== Question: 6. Which of the following constitutes an optional reporting (rather than a mandated) situation? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question asks you to identify the situation in which reporting would be an option rather than a requirement. A. Fetal abuse. B. Neglect. C. Undue influence of an elder. D. Willful cruelty. Answer: C. Refer John back to the prescribing psychiatrist. Referring John back to the psychiatrist would be the most appropriate action, as the psychiatrist could explain the benefits of taking the medication and the repercussions of abruptly terminating it. ================================================== Question: 7. A 6-year-old girl who,se parents are involved in a longstanding custody trial, is in treatment with you. She is in therapy with the consent of both parents. You receive a subpoena from the father's attorney for your session notes to bolster the father's claim that he should have sole custody. What is your legal responsibility? Content Area: Law: Confidentiality, Privilege, and Consent This question addresses your knowledge of what to do when you receive a subpoena. A. Inform your client's mother of the subpoena to determine whether to assert or waive privilege. B. Determine who has been assigned by the court as the guardian ad litem for the minor and inform him/her of the subpoena. C. Do not respond to the subpoena in order to protect the confidentiality and privilege of your client. D. Ask the client whether she wants to assert or waive privilege. Answer: D. Ask her what her goals have been with the other therapist and request a release to speak with that therapist. Asking her what her goals have been with the other therapist and requesting a release to speak with that therapist is the best course of action at this time. It is only unethical to have two therapists, if the therapists are working on the same material. It must be clarified what this client is working on in therapy with this other therapist before proceeding. ================================================== Question: 8. Cherilyn, your client of six months, tells you that she's recently begun having an affair with Tony. As she discusses their affair, you realize that Tony is another one of your clients whom you've been seeing for the past year with his wife and two teenage children. In order not to contaminate the therapeutic relationship with Cherilyn or Tony, what would you do? Content Area: Ethics: Professional Competence and Preventing Harm. This question checks your ability to make distinctions between difficult ethical choices and tests your understanding of dual relationships. A. Gently terminate with Cherilyn without telling her why. This preserves confidentiality, and since you've been seeing Tony and his family longer, you owe them more professional allegiance. B. Say nothing and continue seeing both clients while you monitor your counter-transference and ask colleagues for assistance with the case. C. Call an attorney and discuss legal issues around dual relationships so you can determine the best action to take. D. Continue seeing Cherilyn as usual. Ask Tony in for a private conference so you can ask about his commitment to his marriage and family, being careful not to break any confidences. Answer: D. Call your client. You must call Cynthia to proceed. You cannot confirm or deny that Cynthia is your client until she signs a statement allowing you to assert or waive privilege on her behalf. ================================================== Question: 9. A 25-year-old African-American male client tells you that he can't find a job, and he blames it on racism. He believes that he is qualified for the jobs he applies to but does not have a college diploma. He tells you that he was told that a high school education would open doors. How would you respond to this? Content Area: Ethics: Therapeutic Relationship/Services This tests your knowledge of human diversity issues. A. Encourage him to consider actual shortcomings he may have. B. Acknowledge the effects of racism and listen to his perspective. C. Challenge his irrational thinking and refer him to a vocational counselor. D. Validate his perspective until he is ready to take responsibility for his failures. Answer: C. Suggest Janet take anti-depressants. As an LCSW, you would refer the client to a psychiatrist but you would not suggest a client take medication. ================================================== Question: 10. Your client comes to a first session in a crisis. You do not have time for a full informed consent conversation, but you tell the client the fee and your license number. What is your legal obligation now? Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of informed consent and record-keeping. A. Document your informed consent conversation within 5 days. B. Document your informed consent conversation within 10 days. C. Document your treatment plan now that the crisis has passed. D. Document your crisis interventions in the first session. Answer: A. Scope of competence. Anything that interferes with a clinician's ability to perform to the standard of care would be a scope of competence issue. ================================================== Question: 11. A client announces a desire to terminate therapy at the beginning of your fifth session. The client would like to become friends and tells you that the two of you could have the same kind of conversations but they could go on longer. She tells you that she is already interviewing other therapists which is "better for me because they take insurance." You would: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of ethical standards as they pertain to dual relationships and termination. A. Respect her wishes to terminate and explain that you will not respond to emails or social network posts that invite your friendship. B. Attempt to process her desire to terminate as clinical material. C. Seek consultation in case your counter-transference conveyed to your client that you wanted to be friends. D. Tell her you cannot terminate therapy under these circumstances. Answer: D. Waive your "no secrets" policy and call the wife to assess whether she is currently in danger. Ethically, the clinician would be best advised to assess as soon as possible whether the wife is in imminent danger and to plan accordingly. Perhaps the wife needs an immediate referral to a domestic violence shelter and assistance in making a safety plan. Waiting until the next appointment may place the wife in danger. ================================================== Question: 12. Your client Juan tells you that his brother, Jose, was stabbed to death a year ago by his cousin in a drug deal gone bad. Juan further states that he told his cousin that he intends to murder him for stabbing Jose, but he is going to wait until his aunt dies because she would be too upset by the death of her only son. He tells you that the cousin lives in another state, but he will find him when the time comes. In this situation, what is your legal responsibility? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of how to proceed legally in a possible Tarasoff situation. A. Under the Ewing v. Goldstein decision you must contact the aunt and warn her about the threat to kill her son. B. Under the Tarasoff decision you must call the police and warn the victim. C. Maintain confidentiality. D. This is privileged information and may not be disclosed without a subpoena. Answer: D. Review dual relationships with your client, and healthy client-social worker boundaries. Of the answers provided, reviewing dual relationships with your client, and healthy client-social worker boundaries, would allow BOTH of you to work to maintain appropriate boundaries. This would allow you to know if this arrangement was going to be too uncomfortable for your client, or create any therapeutic problems. Of the options provided, it is the most reasonable. ================================================== Question: 13.You have been seeing Amber and John as a couple when they announce their upcoming wedding plans and invite you to attend. They warmly thank you for your help and say they want you to be included in their special day. Your best response would be: Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to manage dual relationships. A. Thank you, but social workers are not allowed to have interaction with clients outside of therapy. B. Thank you for your acknowledgement of our work together. Let's discuss the implications. C. My policy is that I will attend the wedding, but not the reception. D. I will attend, but because of confidentiality, I must be introduced as a friend or teacher rather than your social worker. Answer: A. Maintain computer security, i.e. firewalls, passwords, etc. The client is worried about a security breach. Even though you are not responsible, you are ethically obligated to make sure that your practice adheres to privacy measures in the age of digital information transfer. ================================================== Question: 14. While checking messages at the end of the day, you listen to a voicemail from a girl named Megan. She states that she got your number from her friend Claire whom you "helped a lot a couple of years ago." Megan says she's having a hard time getting used to high school and feels like she "doesn't fit in anywhere." Megan asks if she can see you tomorrow and says she doesn't want her parents to know. Before treating Megan without parental consent, you need to determine that all of the following factors are present EXCEPT: Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of how to proceed with consent to treat a minor. A. Megan is at least 12 years old. B. Megan is mature enough to participate in therapy. C. Megan is a danger to herself or others without treatment. D. There is a good reason not to include Megan's parents. Answer: D. A 17-year-old client. A person who is under age 18 cannot initiate a 5150. ================================================== Question: 15. Felix, a 30-year-old Caucasian, has been placed on administrative leave for excessive absences and is referred to you by his EAP. His partner Pablo, a 32-year-old Peruvian-American, joins him in the session. Lately they have been "fighting all the time," and at work nobody knows that they are a couple because Felix fears they'll be fired. Felix begins to cry and says, "I saw Pablo staring at another man, and I'm worried because I've been hurt in past relationships, and I'm sad because it's happening again." How would you incorporate the cultural diversity issue of a gay, bi-cultural relationship into your treatment plan? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to assess the impact of cultural diversity on the counseling relationship. A. Create gay-friendly goals that consider each of their cultural backgrounds. B. Refer Pablo to a 12-step group for gay men. C. Manage your counter-transference if you have a negative reaction to any of the presenting issues (e.g., gay relationship, substance abuse, staying in the closet, etc.) that are impacting your objectivity. D. Invite them to explain how their different cultural backgrounds impact their relationship. Answer: C. Need a written release signed by both Sue and Jerry before you can communicate with the court. Since Sue and Jerry are your clients, you must get a written release from both before divulging any information about them. ================================================== Question: *16. You are treating a woman in therapy for mid-life issues. A month into treatment her husband calls to discuss her progress and the expected length of treatment because his insurance only covers 18 sessions of mental health. She told you that he might call and gave you his name so you are not surprised. Legally: Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of the legal issues that pertain to treatment. A. You could speak with him because she told you his name and you expect the phone call. B. Before the insurance runs out, negotiate a cash fee with the client. C. Provide informed consent if you plan to adjust her treatment to end within 18 sessions. D. Tell her about the husband's phone call and any fee changes that might result from a change in her insurance coverage. Answer: A. Consider whether you have the appropriate education, training and experience to accept this case. Also, look at the client's goals for coming to see you. Before you take on a new case, you want to consider your level of education, training and experience to determine if you are capable of treating this client or if consultation is needed. Also, you need to consider this client's goals. If the client wants help with relationship issues, this is within your scope of practice, but if the client's needs are not relationship-oriented, then this case would be out of your scope of practice. ================================================== Question: 17. Your child's piano teacher sees you at a P.T.A. meeting and says she's heard that you are a good psychotherapist and asks if she can make an appointment to see you. She says her mother recently passed away and that she is now her elderly father's caretaker. She says "the situation is bringing up a lot of anger" for her because her father sexually abused her when she was a child. In this situation, you should: Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of ethical behavior regarding potential dual relationships. A. Report the abuse to Children's Protective Services. B. Decline to make an appointment and refer her to another therapist. C. Report the abuse to Adult Protective Services. D. Make an appointment and try to help her work through the grief and anger issues. Answer: D. Evaluate the seriousness of her depression to determine if you can treat her. The social worker's ethical obligation is to determine if the client will benefit from treatment, which requires an assessment of the presenting problem. ================================================== Question: 18. Darren and Samantha are referred to you by Samantha's psychiatrist. Samantha's psychiatrist has diagnosed Samantha with Schizophrenia. Darren says that he hasn't been sleeping and can't concentrate at work, and that he's afraid to do the shopping himself because when he goes out his heart pounds, he thinks he's going crazy, and it would be embarrassing to him. Darren says he's at the end of his rope and isn't sure he can take Samantha's behavior much longer. When he asks how therapy will help, you would: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to provide clients with information about the social worker's training and experience. A. Have Darren authorize the consent form for Samantha as her dependent adult care custodian. B. Refer to a support group for families dealing with mental illness. C. Ensure that Samantha and Darren understand and sign your informed consent document. D. Clarify Darren and Samantha's expectations about therapy. Answer: A. Tell her if you have raised your fees. You must disclose your fee before beginning therapy with a new or returning client. ================================================== Question: *19. You have been seeing Nathan, age 70, for 5 months. He has been managing on his own with some help from his daughter, Pat, who visits frequently. For the past month you have been working with Nathan on his relationship with Pat. She has been frustrated with him because he has complained of being bored, but he won't do anything about it. In your next session he comes in with bruises on his forearms. He states that he fell while walking up the rickety front steps to his house. You would: Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question assesses your ability to differentiate elder abuse from other safety concerns for the elderly and to make the appropriate referrals. A. Call Adult Protective Services immediately to file a neglect report. B. Suggest a home improvement company specializing in safety for the elderly. C. Suggest respite care. D. Suggest a Senior Citizens' Center. Answer: A. Refer them to a social worker who has experience with domestic violence issues. The couple needs help with domestic violence issues. It should not be presumed that lesbian clients need lesbian social workers, or that social workers are uncomfortable working with gay and lesbian clients unless proven otherwise. ================================================== Question: 20. After 6 months of treatment with Hermoine, she says that she wants to see a therapist whose sexual orientation is different than yours. After processing this over the next two sessions, you have two additional termination sessions, give her three referrals and terminate the therapeutic relationship. Several weeks later, Hermoine calls you in crisis and says her new therapist is out of town and isn't returning her phone calls. She asks you to help her. What would you do? Content Area: Ethics: Therapeutic Relationship/Services This question tests your decision-making process. A. Help Hermoine with her crisis until her therapist returns. B. It is unethical for you to work with Hermoine once you have terminated treatment with her and she has begun treatment with a new therapist. C. Tell Hermoine that you will not be able to help her since she has terminated treatment with you. D. Tell Hermoine that she should find out who is taking calls for her new therapist and speak with that person. Answer: C. Legally responsible to intervene. A clinician is not legally responsible to report a suicidal client, but is legally responsible to take reasonable steps to ensure the safety of a suicidal client which can be managed in a number of ways. Evidence Code 1024 allows clinicians to break confidentiality when a client, due to a mental disorder, is a danger to self or the property of another and breaking confidentiality would prevent the threatened harm. ================================================== Question: 21. Answer: A. Discuss with Shelly the nature of the therapeutic relationship and explore her feelings and assumptions. Shelly is beginning to view the therapeutic relationship differently than the social worker views it. It would be your ethical obligation to explore with Shelly her assumptions, so that corrective work can be accomplished, and at the same time, the relationship can be strengthened. ================================================== Question: 22. Answer: C. If the parents are divorced, review the custody papers. Determine whether one or both parents must consent. Joint custody may require one or both parents to consent. You must look over the custody papers to review what the court mandates. ================================================== Question: 1. Two social workers are dating. They are at dinner and they are talking about their clients. They discover that each of them is seeing a different member of the same couple for individual therapy. What should these social workers do? Content Area: Law: Confidentiality, Privilege, and Consent This question is about the legal responsibility of social workers outside of the therapeutic setting discussing a client. A. No action is necessary since licensed health professionals may consult for purposes of diagnosis and treatment without a release. B. Stop the discussion and obtain releases so that such discussions in the future do not breach confidentiality. C. Stop the discussion and do not talk about these clients again. D. There are no legal or ethical guidelines requiring social workers in such situations to do anything. Answer: A. Having determined that the lawyer is the child's counsel, you would release your clinical records to her, and tell your client that you are doing so. In custody or visitation proceedings, if a child is represented by an attorney, that person has the right to obtain a child's clinical records or to interview the assessing or treating social worker. Ethically, you would also discuss this confidentiality issue with your client. ================================================== Question: 2. Revocation of a LCSW's license after having been found to have engaged in sexual misconduct with a client would occur after: Content Area: Ethics: Professional Competence and Preventing Harm This question tests your knowledge of the penalties for social workers having sex with a client. A. A social worker filed a complaint with the BBS on behalf of a client. B. The BBS found that the therapist terminated therapy in order to pursue a sexual relationship. C. The social worker gives the client the pamphlet "Professional Therapy Never Includes Sex" and discusses it with the client. D. The BBS cites the offending social worker within 10 years of the statute of limitations. Answer: A. Discuss a new fee arrangement before changing the fee. Legally, you must discuss and agree to any fees or changes in fees before treatment at that fee begins. ================================================== Question: 3. Your client, George, tells you that his mother just got remarried. He tells you that he is worried that the new husband's children are going to go after his inheritance. He tells you that he has very little contact with the new family and wants to keep it that way. What is your legal obligation? Content Area: Law: Limits to Confidentiality/Mandated Reporting This question tests your knowledge of how to proceed when you may need to assess for or report elder abuse. A. You must asses for elder abuse, considering "undue influence" regarding the mother's estate. B. You should refer the client to an attorney to determine if he has a case. C. Maintain confidentiality because you do not know the age of the mother. D. Report elder abuse, considering "abandonment" because he has "very little contact" with his mother. Answer: A. Determine the family's understanding of the purpose of the therapy. Ethically, you would want to clarify the client's purpose. ================================================== Question: 4. Ki is a 26-year-old Korean who immigrated to the U.S. with his father 10 years ago. Ki wants to be an artist but his father has saved his money and demands that Ki goes to medical school like his grandfather. Ki says he's depressed and he would rather die than become a doctor. He says he's too stupid to pass the classes in medical school anyway. He doesn't know how to tell his father. The social worker determines that Ki is not suicidal. The most appropriate ethical intervention is to: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of the ethical obligations that pertain to cultural competence. A. Recognize the importance of cultural considerations and acknowledge that Ki may have to follow his father's wishes. B. Ask Ki to bring his father in for a family session because of cultural values that encourage respect for elders. C. Inform Ki that the risks and benefits of therapy may be that he "finds himself" but may change some of his family values. D. Ask to see Ki's artwork to reframe him as an individual and your alliance as a place where he can be an individual. Answer: C. Take reasonable steps to ensure her safety. This legal precedent demands that we take reasonable steps to ensure the safety of a suicidal client. It doesn't say how it must be done. ================================================== Question: 5. June discloses that she had been molested by a step-brother when she was 15. She is now 28 and was divorced from her husband three years ago. Before seeing you, she saw another therapist and she has just told you that she had sex with him. She wants therapy to focus on the stormy relationship issues that led to her divorce, not on past sexual molestation or exploitation. You would: Content Area: Law: Legal Standards for Professional Practice, tests your understanding of the legal responsibilities of therapists who learn that a client has had sex with a previous therapist. A. Respect her wishes and continue to focus on resolving the issues on which she wants to work. B. Give her the brochure "Professional Therapy Never Includes Sex" and discuss her options. C. Report the therapist to the BBS to protect the other therapist's present and future clients. D. Work on the sexual exploitation in therapy. Answer: C. Call Barbara's ex-boss and warn him of her plan. Warning the victim may be done in the interests of protecting the public and protecting the social worker from liability related to breaking the confidentiality of the potentially dangerous client. As of 2014, there is only a legal responsibility to contact law enforcement within 24 hours. After doing that, warning the potential victim is next. ================================================== Question: 6. Dr. Sveda has been treating Carliss for seven years during which time the fee has been $50. Carliss finally earns his Ph.D. and gets a job for substantially more money than he had been making. Dr. Sveda tells Carliss he'd like to revisit the fee that Carliss has been paying. Carliss becomes quite upset and tells Dr. Sveda that it would be unethical for him to raise the fee. Dr. Sveda calls for consultation and is given the proper answer which is that social workers are discouraged from increasing a client's fees: Content Area: Ethics: Business Practices and Policies This question tests your knowledge of ethical considerations in raising client fees. A. Without providing adequate notice. B. To avoid exploitation of the client. C. Unless all client fees are increased. D. According to strict ethical standards for the mental health profession. Answer: B. Refer the client back to the insurance company. Clients who are referred by insurance companies should be referred back to the payor to get another referral. This way, they can be more sure that their sessions will be financially covered. ================================================== Question: 7. Joe and Marcie Green and their three children ages 12, 15 and 17, have been in family therapy with you for about 9 months on a regular basis. Joe says that they are getting along much better. Marcie says that the children seem to be willing to spend more time at home and are arguing less with each other. They think that things are so much better that they are ready to end treatment. What is your ethical obligation after deciding to terminate family therapy? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of the ethical obligations that pertain to provide clients with information about the therapeutic process, which includes termination. A. Recommend staying in therapy if there are any regressive symptoms in any individual. B. Document your agreement with them that they are ready to terminate. C. Recommend individual therapy if there are any regressive symptoms in any individual. D. Terminate because ethically you are not permitted to extend treatment beyond a client's ability to benefit. Answer: D. Maintain confidentiality and retain the client's files for 7 years. It is your legal responsibility to maintain confidentiality even after the death of a client. Records must be retained for a minimum of 7 years after the date that the client terminates treatment (SB 578, effective January 1, 2015). ================================================== Question: 8. Which of the following is true in a court custody case? Content Area: Law: Confidentiality, Privilege, and Consent This question examines the parameters of privilege. A. A minor does not hold his/her own privilege. B. The court may appoint an attorney to represent the best interests of the child. C. The parents can waive their child's privilege. D. The parents' attorney can waive privilege on behalf of the child. Answer: A. You indicate to your client that she can give your number to the program coordinator. This response is the best choice. By letting the program coordinator contact you, you can avoid exploiting the client in order to advance a relationship with the program coordinator. ================================================== Question: 9. How should physical abuse of a dependent adult be reported by a mental health professional? Content Area: Law: Limits to Confidentiality/Mandated Reporting This question tests your understanding of the legal issue of reporting dependent adult abuse. A. If there is serious bodily harm, within 24 hours. B. By telephone within two working days and in writing as soon as possible. C. By telephone as soon as possible and in writing within two working days. D. By telephone as soon as possible and in writing within 36 hours. Answer: A. Contrary to the spirit and intent of ethical standards. Ethical standards encourage social workers to disclose, at the appropriate time and in the context of treatment (such as when clients request the information), information about their education, experience, training, theoretical information, etc. ================================================== Question: 10. Jessica, age 14, comes to see you with her mother. She appears withdrawn and fatigued and refuses to speak with you. Her mother explains that in the last few months Jessica's behavior has changed drastically. How would you manage this family's treatment needs from an ethical perspective? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of the steps to take in starting treatment with a new family unit. A. Explain the family systems model. B. If you are unable to make progress with the family, give them three referrals. C. Evaluate how willing the mother is to reframe the problem as the "family problem" rather than Jessica as the problem. D. Discuss the risks and benefits of seeing them as a unit and of seeing Jessica individually. Answer: A. Inform them that it would be unethical and help them find a way to pay for continued therapy. It is unethical to enter into bartering dual relationships with clients. It is also important not to abandon clients. This answer provides many opportunities to help the clients, including adjusting your fee. ================================================== Question: 11. Your former supervisor refers a client to you and suggests that you split the client fee as you did while under her supervision. You would: Content Area: Ethics: Business Practices and Policies This question tests your knowledge of how to manage referrals that meets ethical obligations. A. Report this unethical behavior to the BBS. B. Negotiate a new split fee arrangement. C. Inform the supervisor that it is unethical to split fees. D. Inform the supervisor that since you are now a licensed social worker she can only get 25% of the client's total fee. Answer: B. Self-harm behavior. Self-harm behavior is not a type of dependent adult and elder abuse. Welfare and Institutions Code defines dependent adult and elder abuse as knowledge or reasonable suspicion of the following: physical abuse, abandonment, isolation, neglect, financial abuse, and abduction. ================================================== Question: *12. You are given an unwrapped book of inspirational religious poetry by one of your clients as a holiday gift. This book strongly contradicts your personal religious beliefs. You decide to: Content Area: Ethics: Professional Competence and Preventing Harm This question tests your ability to deal with the therapeutic alliance and potential counter-transference in light of gift-giving. A. Accept the gift in the spirit in which it was given and say nothing about your spiritual beliefs. B. Evaluate what would be in the client's best interests and how accepting or rejecting the gift might affect treatment. C. Gently explain to your client that you cannot accept such a personal gift. D. Thank the client for her thoughtfulness but let her know that your policy is that you don't accept gifts from clients. Answer: B. Providing informed consent. From an ethical standpoint, the therapist is providing the client with information to help the client assess his/her desire to be in therapy, which is the intent of informed consent. ================================================== Question: 13. Which of the following techniques would be considered out of a mental health professional's scope of competence if they did not receive the needed specialized training? Content Area: Law: Legal Standards for Professional Practice This question focuses on your knowledge of a mental health professional's scope of competence. A. Couples therapy B. Hypnotherapy C. Psychotherapy D. Adolescent therapy Answer: B. Consult with professional peers regarding your discomfort. You want to be aware of how your discomfort may impact the therapy and, as an initial step, deal with it through research and consultation with colleagues. ================================================== Question: 14. You terminated therapy with Margaret after 3 years because she wanted to work with a therapist with her same sexual orientation. You gave her a referral to a new therapist who she has seen a few times. Several weeks later Margaret leaves you a message saying that she is having a conflict at work and wants to speak with you because only you can help her. When documenting this call you would: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to document your care for a client, even a former client. A. Note that you told her that you cannot ethically treat her because she is already in treatment with another therapist. B. Indicate that you assessed her risk as "low" and suggested that she call her therapist C. Confirm that you had a signed termination agreement. D. Get a release to speak with her other therapist to coordinate care. Answer: B. Give the doctor the information he needs. Give the doctor the information he needs. Civil Code 56.10 (The California Medical Information Act) gives licensed health professionals the ability to consult for purposes of diagnosis and treatment without a release authorization. ================================================== Question: *15. You've been treating a woman who is in the midst of a divorce. You receive a subpoena in the mail from her husband's lawyer asking for your client's records. You: Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of how to respond to a subpoena. A. Contact your client to determine if she wants you to waive or assert privilege. B. Would contact the husband's lawyer and assert privilege. C. Ignore the subpoena since there is no one to whom you can assert privilege. D. Must comply with the subpoena since it is an official court document and you would otherwise be in contempt of court. Answer: C. Tell the client what you plan to tell the school. The best ethical approach before speaking with the school, even if your disclosure is narrow, is to discuss it with the client first. ================================================== Question: 16. Mike, your 17-year-old client, has a history of fire-setting. He is in therapy as a result of a court order and his parents know he is in treatment. He tells you that he is angry with his ex-girlfriend and says that he plans to set fire to her house tonight. What should you do? Content Area: Law: Limits to Confidentiality/Mandated Reporting This question is assessing your ability to determine a Tarasoff situation. A. Call his parents so they can be sure that he doesn't go unsupervised. B. Maintain confidentiality. C. Call the police immediately and his ex-girlfriend's family. D. Call the police immediately. Answer: C. Change the diagnosis when you have confirmed it on any insurance forms. To avoid fraud you would have to code the diagnosis you currently are considering and change it when necessary. ================================================== Question: 17. A social worker consults with another professional about a particularly challenging case. Has an ethical violation occurred? Content Area: Ethics: Professional Competence and Preventing Harm This question assesses your ability to collaborate with other professionals when issues arise outside the social worker's expertise. A. Yes, if the social worker does not reveal confidential client information to the other professional. B. No, if the social worker does not reveal identifying information about the client to the other professional. C. Yes, if the social worker has a signed consent by the client to consult. D. No, if the other professional agrees to keep the client information confidential. Answer: C. Accept the gift and explore what it means for her to give you the muffins. Appropriate gifts (inexpensive, non-romantic, etc.) may be accepted by social workers without impairing their judgment or exploiting the client and should be processed to be most ethical. ================================================== Question: *18. When unable to reach a client by phone, a social worker texts the client's mother to tell her that her son is talking seriously about running away from home because of the step-father's abuse. She texts back to tell you that he is home safely but "thanks for the heads-up." What are the social worker's ethical obligations regarding the confidentiality of minors? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to handle informed consent about the limits of confidentiality in the treatment of minors. A. Obtain written informed consent from the minor that allows texts to parents in an emergency. B. Tell minor clients how you will contact parents if you think there is an emergency. C. Tell minor clients that you will show them any texts from parents. D. Obtain informed consent from parents about your mandates to break confidentiality. Answer: A. Refer the client to another therapist and disclose the reasons. Treating a client who was dating a member of the social worker's family would constitute a dual relationship, and the most ethical way to proceed would be to give the client some referrals. ================================================== Question: *19. Maria and Juan have been seeing you for couples' counseling for six weeks. In the 7th session, Maria brings you a batch of fresh, hot, home-baked oatmeal raisin cookies. You would: Content Area: Ethics: Business Practices and Policies This ethical question, with a flair of human diversity, reviews ethical policy as it relates to gift giving. A. Accept the cookies and explore their meaning with Maria and Juan. B. Refuse the cookies and explore their meaning with Maria and Juan. C. Accept the cookies and eat one immediately. D. Refuse the cookies and tell Maria about your "no gift policy." Answer: C. Tell them that using their son's "mental anguish" in a lawsuit could compromise their confidentiality in therapy. Although you must avoid giving legal advice, you could tell the parents of the potential risks of introducing their son's mental state in a legal proceeding, i.e., that it nullifies the privilege of therapy sessions with them and their son. ================================================== Question: 20. You are conducting a research study on divorce. In the informed consent process, what information do you need to provide your clients? Content Area: Ethics: Business Practices and Policies This question assesses your knowledge of procedures when conducting research using human participants. A. The importance of the client remaining in the study until the very end to maintain the validity of the study. B. That dual relationships may be inevitable due to the nature of the study. C. That any information obtained may be used in the study. D. The client has the right to withdraw from the study at any time. Answer: C. Return the sweater and encourage the man to bring it up in session. Returning the sweater and encouraging him to bring up the topic in session allows for the agreed-upon payment arrangement to be maintained and avoids collusion with the husband. ================================================== Question: *21. If a social worker digitally recorded a session with a client and then receives a subpoena for records because the client is claiming emotional distress, the recorded session would be provided to the court if: Content Area: Law: Limits to Confidentiality/Mandated Reporting This question tests your knowledge of how to respond to a subpoena. A. The client signed a release to record a session. B. The client signed a waiver of privilege for the records. C. The client signed a consent form allowing the session to be videotaped. D. Digital recording must be disclosed with any records in a subpoena. Answer: B. Notification to the person signing the agreement that they have a right to receive a copy of it. An Authorization to Release Confidential Information form must contain a statement that the person signing the agreement is entitled to a copy of the agreement. ================================================== Question: *22. A client is referred to you by his attorney. The client tells you that he is reluctant to talk to you because he doesn't want what he says in therapy coming out in court. Choose the statement that could BEST explain privilege to this client: Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of privilege. You must be able to distinguish between confidentiality and privilege as well as between law and ethics. A. It is an ethical concept involving the right of a social worker to withhold information in a legal proceeding. B. It is a legal and ethical principle which involves a restriction on the volunteering of information about a client. C. It is a legal principle that protects client conversations unless there is a court order. D. Attorney/client privilege extends to the client of a social worker that the attorney uses for referrals. Answer: A. Inform her of the results in language she can understand. Ethics require that therapists explain all of therapy, including assessments, in terms a client can understand. ================================================== Question: *23. A client who was referred by his rabbi comes in to see you for issues of grief related to the loss of his mother two weeks ago. Recently your mother died too. What would you do FIRST? Content Area: Ethics: Professional Competence and Preventing Harm This question tests your knowledge of how to manage counter-transference. A. Talk about this situation in your own therapy. B. Seek professional consultation. C. Refer the client to another mental health professional who specializes in grief and loss issues. D. Determine if you can deal with this client at this time. Answer: C. Talk with the client about the risks of dual relationships. No matter how a dual relationship emerges, on the internet or in a session, the social worker's ethical obligation is to discuss the risks and avoid it if possible. ================================================== Question: *24. Steven comes to you for help with debilitating anxiety. He says that his anxiety is beginning to interfere with his relationships and his job. He is afraid to drive his car because he thinks that he is going to hit someone. He doesn't know how he will ever take a girl out on a date or get to work if he doesn't get control over this. He thinks he should be able to get over this by himself. The therapist should begin by: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of ethical obligations when selecting treatment interventions. A. Teaching him relaxation techniques and pairing those with thoughts and images of driving his car. B. Explaining the benefits of a behaviorist approach for severe anxiety. C. Documenting in an initial treatment plan the client's goals for treatment of anxiety. D. Assessing whether a medication evaluation would be necessary. Answer: A. Ask them to educate you about important differences and to tell you how these relate to their presenting problem. A policy where you model appropriate communication skills will allow your clients to feel more comfortable and facilitate discussion of diversity issues. ================================================== Question: *25. Which of the following is not considered by law to be unprofessional conduct by a social worker? Content Area: Law: Legal Standards for Professional Practice This question asks you to identify unlawful unprofessional conduct. A. A conviction after pleading no contest to a DUI. B. Thanking a friend for a referral by taking her out to dinner. C. Being arrested for shoplifting. D. Poor record keeping. Answer: C. Tell the colleague that her actions violate ethical standards. Social workers do not operate as "snitches" on other social workers. However, it is ethically appropriate for us to confront a social worker who is engaging in unethical practices. ================================================== Question: 26. A social worker has been working with a client who informs the social worker that he has been living as a woman since he was 35. He is now 45 and wants to begin transitioning into an anatomical woman. The client tells the social worker that he already has confirmed that his insurance will pay for it but he is self-employed so it is going to be very expensive. How should the social worker proceed? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to manage diversity from an ethical point of view. A. Ask if the client would like to be referred to as "he" or "she." B. Use a the client's signed consent form to determine if he signs it as a woman or as a man. C. Include a diagnosis of "Gender Dysphoria" on any insurance forms if he signs a release to allow this. D. If the social worker feels that any counter-transference will impact the therapy, refer the client to a specialist. Answer: A. Maintain confidentiality. Claire is 18 and considered an adult. Thus, making a report would be breaching confidentiality. Social workers do not report historical abuse. Your legal obligation is to maintain Claire's confidentiality. ================================================== Question: 27. You find out that your 14-year-old client's mother is beating her for not making her bed in the mornings. You have determined you need to make a child abuse report. What is your legal responsibility as a mandated reporter? Content Area: Law: Limits to Confidentiality/Mandated Reporting This test item addresses your responsibility as a mandated reporter. A. To contact an agency designated to take a report and follow up with a written report within 36 hours. B. To contact an agency designated to take a report and follow up with a written report within forty-eight hours. C. To contact an agency designated to take a report and follow up with a written report within two working days. D. To contact an agency designated to take a report and follow up with a written report within seventy-two hours Answer: D. The surveys are offered at no cost, or fees for completing the surveys are disclosed before the client begins the survey. If any fees are associated with clinical practice, social workers are legally obligated to disclose them before providing a service. ================================================== Question: 28. After working with a rape survivor for 3 weeks, the social worker determines that the client would benefit from an adjunctive referral to a therapist who specializes in EMDR. All of the following would be clinical considerations in making such a referral except? Content Area: Ethics: Professional Competence and Preventing Harm This question addresses issues related to using concurrent social workers. A. It would be necessary to obtain a release in order to work collaboratively with the EMDR therapist. B. The treatment plan may need to be modified, as the trauma-related symptoms may begin to shift and lead to other issues that need processing. C. The social worker should not make this type of referral yet as the client is still in a vulnerable condition. D. There may be an impact on your therapeutic relationship with this client who may compare or feel torn between two therapists. Answer: A. Allow the client to inspect the records, receive a copy, or receive a summary. Allowing the client to inspect the records, receive a copy, or receive a summary is what the law requires social workers to do. Social workers may also, under limited circumstances, refuse the client any access to the records at all if they feel that the release of the records will be harmful to the client. ================================================== Question: 29. You are working with a 13-year-old client whose parents are going through a divorce. She texts you one day to tell you that even though she lives full-time with her mother, her dad is now hiring a lawyer for her to come live with him. You receive a subpoena for your records for the purpose of a custody hearing. You would: Content Area: Law: Confidentiality, Privilege, and Consent This question evaluates your understanding of how to respond to a subpoena. A. Assert privilege until a guardian ad litem has been appointed for the client. B. Contact the parent under whose authorization you are treating the 13-year-old and assert or waive privilege, depending on that person's wishes. C. Speak to both parents and assert or waive privilege depending on their wishes. D. Release the records in order to comply with the subpoena and avoid being in contempt of court. Answer: C. You've taken a practical course on EMDR and have obtained certification. Taking courses and obtaining certification demonstrates a minimum level of competence to be able to use EMDR in your own practice. Continual education will keep you current on EMDR practices. ================================================== Question: *30. In her first session, Shannon, who is highly anxious, asks you how long therapy will last. You would: Content Area: Ethics: Therapeutic Relationship/Services This question is checking your understanding of developing a therapeutic alliance and the importance of explaining the process of therapy at the outset of treatment (informed consent). A. Interpret her question as an anxiety reaction. B. Outline the process of treatment. C. Encourage her to explore the concerns that brought her to therapy. D. Explore past therapy experiences. Answer: A. If you have a sobriety contract in place, terminate any session at which Pablo comes in intoxicated. If a client is unable to benefit from therapy, it is ethical to end the session. ================================================== Question: *31. After being in weekly therapy for 9 months, the client asks if she and the social worker can use telehealth to have sessions on an as-needed basis. If the social worker determines that this is clinically appropriate, what does the social worker need to do to make sure that online sessions are legal? Content Area: Law: Legal Standards for Professional Practice This question tests your knowledge about the legalities associated with fee negotiations. A. Disclose any fees which are different from in-person sessions. B. Tell the client about confidentiality protections she must have on her computer. C. Maintain separate files for the different modalities. D. Get her consent for video recording in writing. Answer: C. Ethically working within your scope of competence. Ethically and legally, you may tell your clients about laws which affect their treatment as long as you don't give legal advice. ================================================== Question: 32. In your first session with Peter and Veronica, they disclose to you that although they have a five year relationship, Veronica is married to someone else. You should: Content Area: Ethics: Professional Competence and Preventing Harm This question pertains to issues impacting conjoint therapy. A. Refuse to see Veronica but counsel Peter. B. Refuse to counsel either of them until Veronica tells her husband about this affair. C. Counsel both of them. D. Counsel Veronica and her husband. Answer: C. Only share information with those providers that advance the welfare of the client. Ethics codes are primarily designed to assure that therapists balance the best interests of the client in their sociocultural context with clinical competence. Sharing information with other providers, if it is confidential and clinically appropriate, fulfills this ethical obligation. ================================================== Question: 33. A couple comes in to see you for therapy. They are referred by the wife's individual therapist. The husband has recently discovered his wife has been cheating on him and he is unsure if he wants to continue the relationship. What is solely an ethical responsibility in treating this couple? Content Area: Ethics: Therapeutic Relationship/Services This question addresses your ethical responsibility in treating a couple. A. Getting a signed release from both the husband and the wife to speak with the wife's therapist. B. Designating a fee prior to the commencement of therapy. C. Informing the couple of your "no secrets" policy. D. Having the wife sign a release to speak with her therapist. Answer: B. A provisional diagnosis. Informed consent would NOT include a provisional diagnosis. The main purpose of informed consent is to give your client information about your services and the process of psychotherapy so that they may make an informed decision about treatment. ================================================== Question: *34. Gladys, age 65, reports she has kicked her 67-year-old husband when it looked like he wasn't listening to her. He tells you that his hearing is poor and most of the time he heard her the first time anyway. What would you do? Content Area: Law: Limits to Confidentiality/Mandated Reporting This question addresses the parameters involved in reporting elder abuse. A. Report immediately to Adult Protective Services and make a written report within 2 working days. B. Refer him to an MD for possible improvements in his hearing. C. Since they are spouses, do conjoint work pertaining to anger management. D. Maintain confidentiality since you are not mandated to report since both spouses are 65 and older. Answer: D. Send his records as requested. Sending his records is the correct answer. Mental health professionals do not withhold patient records or information solely because the practitioner has not been paid for therapy services. ================================================== Question: *35. Toward the end stages of therapy a client asks his social worker if they can use text or email between sessions to communicate as the final sessions get more spread apart. The social worker suggests that texts and emails won't really get the client used to less contact; they will only be substitutes. The social worker has: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to respond ethically to clients' requests about changing treatment. A. Provided ethical informed consent. B. Legally maintained confidentiality. C. Legally avoided client abandonment. D. Avoided a dual relationship. Answer: A. Make appropriate referrals. Making appropriate referrals is the ethical course of action when a social worker is unable to provide services. ================================================== Question: *36. You get a call from the emergency room regarding one of your clients who was brought in by the PET team and is incoherent, delusional, and unstable. While they were going through his belongings they found his driver's license and your card. The psychiatrist on call wants to know if you can give them any information about this person that might be helpful. You would: Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of how to protect client safety and confidentiality at the same time. A. Assist them with information you deem pertinent to the situation at hand. B. Inform them that you cannot confirm or deny if this person is your client. C. Tell them that they will have to obtain a release signed by the client and fax it to you before you can disclose any information. D. Ask to speak with your client before disclosing any information. Answer: B. Determine if the client is a resident of California. The social worker must conform with the law, which requires that the client reside in the state of California. ================================================== Question: *37. You have attended a yoga class every Saturday morning for the last 5 years. Today when you arrive you notice your client signing in at the counter for the class you attend. What are your ethical responsibilities? Content Area: Ethics: Professional Competence and Preventing Harm This question tests your knowledge of ethical responsibilities regarding dual relationships and techniques to manage this responsibility. A. Complete class as usual without acknowledging the client unless he/she acknowledges you and explore his/her reactions in your next session. B. Leave immediately before the client sees you. C. Say to your client, "Don't worry, everything we talk about in therapy is confidential." D. Say hello to your client, complete the class as usual, and incorporate yoga and body movement in your treatment plan. Answer: B. No, because this is financial exploitation and does not demonstrate a clinically sound reason to terminate therapy. This is not ethically sound because ethical standards state that mental health professionals do not financially exploit their clients or refer (i.e., abandon) for financial reasons. She is already paying by insurance, and you cannot change your payment policies without advance notice and a chance for the client to renegotiate. ================================================== Question: *38. You contract with a family for ten sessions, as that is all their insurance would cover. After the ten sessions they want to continue therapy but can't afford your full fee. What would you do next? Content Area: Ethics: Therapeutic Relationship/Services This question addresses your management of insurance clients with limited coverage, your sensitivity to the ethical concerns of client abandonment and ethical standards. A. Refer them to a low-fee clinic. B. Accommodate your fee since you've established a bond. C. Terminate with the family since you have met the terms of the contract. D. Assess their motivation for continuing therapy. Answer: B. Keep your opinions to yourself. Deciding what to do with a pregnancy is a decision the couple must live with, not the social worker. ================================================== Question: *39. Cheryl and Bobby are in joint private practice. Cheryl is concerned that Bobby is becoming burned out but Bobby won't reduce his caseload. It would be appropriate for Cheryl to: Content Area: Ethics: Business Practices and Policies This question tests your knowledge of how to assess and address other professionals' competence if it endangers clients. A. Avoid making any referrals to Bobby. B. Offer to take some of his caseload. C. Engage Bobby in a therapeutic conversation. D. Report Bobby to a regulatory body. Answer: D. Questionable at best and unethical since it is close to paying for referrals. Setting up this type of incentive for making referrals is close to paying for them and is unethical and illegal. ================================================== Question: 40. A "5150" or involuntary confinement may be invoked by: Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question pertains to your knowledge of who can invoke a 5150. A. Any licensed mental health professional. B. A peace officer, staff member of an evaluation facility, or other professional person designated by the county. C. Family members of persons to be confined. D. All of the above. Answer: B. Would report the incident to Adult Protective Services immediately. A dependent adult is legally defined as someone between the ages of 18 and 64 who is emotionally, financially, or physically unable to care for him/herself. Since Greg is in a wheelchair and has a nurse attending to him, he would be considered a dependent adult. Therefore, this would be reportable to Adult Protective Services immediately by phone, followed by a written report within 2 working days. ================================================== Question: *41. A client joins a social worker's church congregation. The social worker should: Content Area: Ethics: Professional Competence and Preventing Harm. This question asks you how you would handle a situation involving a potential dual relationship and boundaries. A. Leave the congregation. B. Tell the client s/he needs to join a different congregation. C. Stay in the congregation but avoid direct social interactions. D. Review dual relationships with your client and healthy boundaries. Answer: A. Remind him of your no secrets policy and encourage the husband to tell his wife about the phone call and the gun. Reminding him of your no secrets policy is the only answer that implies that you have informed your clients of a no secrets policy and it focuses clearly and correctly on how to resolve this therapeutic issue. ================================================== Question: 42. You are working with a family and learn that the father is neglecting the child. After making a report to CPS, you feel anger towards the father. What is/are the best way(s) to deal with your counter-transference? Content Area: Ethics: Professional Competence and Preventing Harm This question looks at your knowledge of appropriately handling counter-transference issues. A. Journaling, peer consultation and individual therapy. B. Journaling, progressive muscle relaxation, and diaphragmatic breathing. C. Individual therapy, as you already know your anger won't be resolved through independent measures. D. Refer the family to another therapist who specializes in victimized children and has her counter-transference issues resolved around these issues Answer: A. Obtain a written agreement about the fees for therapy. Although her text response could imply her agreement, it would be more legally sound to obtain her agreement to the fees in writing. The "K" does not necessarily prove that she read anything you sent. ================================================== Question: 43. 13-year-old Brianna comes to the clinic where you are doing intakes and asks if she can get a social worker. You assess that Brianna is mature enough to participate intelligently in therapy and Brianna says she can pay for therapy if there is a low fee. In order for Brianna to be seen without parental consent, what other information would you need to know? Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of the legal requirements for treating a minor without parental consent. A. That Brianna's uncle began to molest her a month ago. B. That Brianna has daydreams of harming herself and no one in whom to confide. C. You have sufficient reason to treat Brianna without parental consent. D. That Brianna is in the process of petitioning the court for emancipation. Answer: D. Call up an agency designated to take such a report, follow it up within two working days with a written report, process feelings of betrayal that may result from breaking the confidence, and create a "no violence plan." This answer contains the basic steps you must take when you know of or have reasonable suspicion of elder abuse, and it shows good clinical management in processing any feelings your clients might have about their social worker filing a report. ================================================== Question: *44. Your client, Liz, is a 17-year-old female who is leaving for college out of town at the end of the month. She was molested by her uncle as a young child and is working through these issues with you. She has developed a close working relationship with you and wants to continue to work only with you. You would: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of the legal issues that pertain to treating clients who are moving. A. Consult with a colleague about transference/counter-transference issues. B. Make three referrals out of town. C. Plan for weekly, hourly phone sessions with you. D. See her on school breaks. Answer: A. Determine the family's understanding of the purpose of the therapy and refer for an academic assessment. Ethically, you would want to clarify the client's purpose. Since the referral was from the school, it could be in the client's best interests to assess the needs there. ================================================== Question: *45. Your client missed a regularly scheduled appointment. Your policy, made clear to the client in your informed consent document, is that clients will be billed for missed appointments. The client asks you to bill the insurance company. What would you do? Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of appropriate billing procedures. A. Bill the insurer, indicating that the charge is for a missed session, and tell the client he/she is ultimately responsible for the fee. B. Explain that billing insurance for missed sessions is insurance fraud. C. Let it go, since by law, insurers cannot be billed for missed sessions and clients with insurance are not required to pay out of pocket. D. Bill the insurance company for the session. Answer: B. Explain the pros and cons of therapy. This question is asking you to respond to a client's inquiry about whether therapy will be helpful. Explaining the costs and benefits of therapy addresses this concern. ================================================== Question: *46. At your 12-step meeting you mention that you are a social worker. Some other participants ask if being a social worker makes you a good sponsor. If you tell them that sponsorship is not within your scope of practice you have: Content Area: Ethics: Business Practices and Policies This question tests your knowledge of how to respond when clients want a service that is beyond your licensure to provide. A. Failed to provide informed consent. B. Fulfilled your ethical obligation to restore boundaries. C. Legally fulfilled your responsibility to provide accurate information about your qualifications. D. Legally failed to fulfill your responsibility to provide referrals. Answer: D. Maintain confidentiality. In this case, maintaining confidentiality is the best of the answer choices. If you subsequently had reason to suspect that the perpetrator had abused a person who is a minor, you would then be mandated to report to CPS. ================================================== Question: *47. You are seeing a 52-year-old man who is unable to keep a job. He states that he always ends up fighting with his bosses who then fire him. During a session he makes a derogatory comment about his last boss' homosexuality. You find yourself becoming angry towards this client. What would you do? Content Area: Ethics: Professional Competence and Preventing Harm. You must choose which course to pursue in response to your becoming angry at the client. A. Disclose how you feel. B. Seek consultation. C. Refer him out. D. Put your own feelings on the shelf and deal with the client's issues. Answer: Codes devloped by mental health practioners for the purpose of setting professional standards for approproate behaviors, defining professional expectations and preventing harm to clients ================================================== Question: *48. For several sessions, you have been working with a client who insists that he "will not rest" until he makes his son's teacher pay for the false child abuse report that the teacher made. He feels that his family has been shamed and anyone who does an internet search on him will think he is a child abuser. He tells you he would never "put hands on a woman, but I will think of something." The social worker's early intervention plan should include: Content Area: Law: Limits to Confidentiality/Mandated Reporting. This questions tests your knowledge of how to assess for danger and the need to break confidentiality in a potential crisis situation. A. Notifying the police and the teacher. B. Creating a therapeutic environment where the client can speak openly. C. Direct questions about his revenge plans. D. Educating the client about the law regarding your mandate to over report child abuse. Answer: Enhance human well being and help meet the basic human needs of all people, with particular attention to the needs and empowerment of people who are vulnerable, oppressed and living in poverty ================================================== Question: 49. A social worker has been working with a difficult and resistant client for several months. The social worker might make some referrals to other social workers because: Content Area: Ethics: Therapeutic Relationship/Services This question checks your understanding of reasons to refer a client to a different social worker. A. The social worker is having a counter-transference reaction. B. The social worker and client both agree that it seems as if no further progress can be made. C. The client probably needs a more directive and confrontational approach. D. The client begins to miss sessions. Answer: Social workers should protect the confidentiality of all information obtained in the course of professional service, except compelling professional reasons ================================================== Question: *50. José, a 14-year-old Mexican-American boy, comes to therapy with his mother. He presents with a flat affect and avoids eye contact during the initial assessment session. During the assessment process, José remains quiet as his mother provides a list of José's symptoms and behaviors that she would like you, as the social worker, to address. Before the initial assessment session comes to an end, José requests that you meet with him individually from now on. After deciding that it would be appropriate to schedule individual sessions, what is your legal obligation? Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of the legal obligations that pertain to documentation. A. Assess whether the absence of Jose's father is having an impact on his behavior or this session. B. Refer his mother for individual therapy to avoid abandoning her as part of the treatment unit. C. Document your decision to meet individually with José. D. Ask his mother to sign a new consent form for him to be treated individually. Answer: 1. Suspension of hurting one self 2. Suspensions of child abuse 3. Suspension of hurting others ================================================== Question: 51. When writing notes about your client's therapy, which of the following information would not be kept in a client's chart? Content Area: Ethics: Business Practices and Policies This question addresses the parameters of record keeping. A. The client's diagnosis. B. Notes on any peer consultations regarding counter-transference issues around the case. C. The informed consent signed by the client. D. The treatment plan. Answer: 1. Reasonable suspicion does not require certainity the child abuse or neglect has occured 2. Reasonable suspicion does not require a specific medical indication of child abuse or neglect; any reasonable suspesion is suffeciant 3. Reasonable suspicion may be based on any information considered credible by reporter, including statements by others ================================================== Question: *52. After your session with Scott, you decide to buy $10,000 worth of the stock that he was talking about. In a short time the stock tailspins to 10% of its initial price offering. How would you characterize the social worker's action? Content Area: Ethics: Professional Competence and Preventing Harm. This question assesses your sensitivity to the issues of professional boundaries and dual relationships. A. It is illegal and unethical. B. As the social worker did not solicit the information, the social worker was free to purchase the stock. C. It is unethical. D. It is unethical if it interferes with the nature of the therapeutic relationship. Answer: An entity with a legitimate need to know. I.e teachers, school counselors, primary care physcians, members of hospital treatment team, agency personal, insurance companies, gatekeepers to services ================================================== Question: *53. What is a social worker legally required to disclose to a client at the beginning of treatment as part of the ethical obligation for informed consent? Content Area: Ethics: Therapeutic Relationship/Services This question reviews your knowledge of the legal and ethical aspects of informed consent. A. The fee, the true name and license of the designated owner of the practice, and the limits of confidentiality. B. The fee and the type of license held by the social worker and the expiration date of a release authorization. C. The fee and the true name and license of the designated owner of the practice. D. The fee, the type of license held by the social worker, and limits of confidentiality. Answer: Refers to a private statement that must be kept in confidence by the recepient for thr benefit of the communicator ================================================== Question: 54. Hank, a 27-year-old stockbroker, is referred by his EAP for 6 sessions. In the 5th session Hank tells you that he has recently acknowledged to himself that he is gay and doesn't know how to tell his fiancee. He wants to bring her to the next session and have you tell her for him. The best course of action would be to: Content Area: Ethics: Business Practices and Policies This question tests your knowledge of how to manage client expectations and boundaries. A. Remind him that he only has one more session and that may not be how he wants to use it. B. Suggest more sessions to clarify his sexual orientation. C. Ask him how he knows he is gay. D. Decline his request to tell her for him. Answer: Privilege refers to information shared verbally by the client in psychotherapy sessions and information documented in the clincsl records ================================================== Question: 55. A disabled client reports difficulty getting her medications because her son spends her SSI checks on gambling debts. What is your legal responsibility? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of your responsibilities as a mandated reporter. A. You have no reporting mandate for domestic violence. B. You are legally mandated to contact Adult Protective Services for dependent adult abuse. C. You are legally mandated to contact Adult Protective Services for elder abuse. D. You are ethically responsible to put the client's son on a 5150 for danger to others, as his mother could die without the medications. Answer: Is established by ca evidence code 1014 ================================================== Question: 56. A therapist who performs telehealth advertises that the main advantage of internet therapy is that the client can reach a therapist in real-time. "If crises come up or just a quick question, online therapy can meet your needs right away." This advertising is: Content Area: Law: Legal Standards for Professional Practice. This question pertains to your knowledge of the legal parameters for advertising on the internet. A. Legal if the therapist's informed consent information includes emergency contacts in the case that the therapist is unavailable. B. Legal if telehealth is within the therapist's scope of practice. C. Unethical because online therapy cannot be used in a crisis. D. Unethical because clients will expect a social worker to be available 24/7. Answer: 1: The patient is the holder of the privilege when he or she has no guardian or conservator. If the patient has a guardian or conservator, then the guardian or conservator holds the privilege. 2 If the patient is dead, the personal representative of the decedent holds the privilege. 3 If your identified patient is a group, family, or couple you must receive a waiver from each and every member of the group before you can release any information. 4 If your patient is a minor child, he or she holds the privilege. A minor's parents do not hold the privilege for the minor. The only time a parent could hold the privilege for the minor is if the court has specifically appointed the parent as a guardian ad litem. 5 If your patient is a minor, you must assert the privilege on his or her behalf. If the minor has an attorney, the attorney can make the decision to waive or assert the privilege. ================================================== Question: 57. As you arrive to work in the morning you notice your office has been broken into and your client, Matilda, who has been diagnosed with Borderline Personality Disorder, has pried open your locked file cabinet, has her file under her arm, and is about to leave the premises. She tells you she knows that she has a legal right to her own records. You tell her that this is true but that legally, in order for her to see the records: Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of the legal protocols for a client requesting to see her records. A. She must submit to you a request in writing. B. She must sign a release authorization because after she leaves the office with her records it is possible that unknown third parties will see the records. C. You must first inspect the records to make sure that there is nothing in them that would be detrimental to her mental condition or to the therapeutic process. D. Fill out the appropriate HIPAA forms to insure the privacy of her protected health information. Answer: 1. Service 2. Social justice 3. Dignity and worth of the person 4. Importance of human relationships 5. Integrity 6. Competence ================================================== Question: 58. You are a newly licensed social worker. You would like to incorporate EMDR into your practice. Which of the following statements is CORRECT? Content Area: Ethics: Professional Competence and Preventing Harm. Awareness of when EMDR can be incorporated into your practice is being tested here. A. EMDR is not within the scope of practice for a mental health professional. B. You may practice EMDR if you are properly trained. C. You are legally required to inform a client in the first session that you use EMDR. D. You may practice EMDR only if you are certified by your state licensing board. Answer: Privilege is not absolute, if there is a issue of a clients mental health or psychological treatment is raised during the course of a lawsuit, a ,metal health provider might be forced by the court to reveal the details of the clients treatment ================================================== Question: *59. The best time to establish your office policies with a client is: Content Area: Ethics: Therapeutic Relationship/Services This question assesses your knowledge of the ethical standards in establishing office policies. A. At the commencement of treatment. B. Within the first couple of sessions. C. On an ongoing need-to-know basis. D. When your client asks. Answer: may claim privilege on behalf of the client (per CA Evidence Code 1015). The client may then: 1.waive privilege and allow the provider to provide the subpoenaed information; or 2 invoke privilege and refuse to allow the release ================================================== Question: 60. In order to tell her clients about how she works with social media, a social worker says that she will only send texts to confirm a cancellation. This agreement between the client and the social worker represents: Content Area: Ethics: Business Practices and Policies This question tests your knowledge of the contents of informed consent. A. A Treatment plan. B. A waiver of privilege. C. Informed consent. D. Limits of confidentiality. Answer: California, minors who are 12 years of age or older may consent to mental health treatment or counseling if both of the following requirements are met: a) The minor, in the opinion of the attending professional person, is mature enough to participate intelligently in the outpatient services or residential shelter services AND 1) The minor would present a danger of serious physical or mental harm to self or others without the mental health treatment or counseling or residential shelter services or 2) is an alleged victim of incest or child abuse ================================================== Question: 61. A potential client was referred to you by a former client. He is specifically requesting "psychoanalysis," is willing to pay cash and wants to see you 2-3 times a week. You work from an Existential theoretical orientation. You know a supervisor who works psychoanalytically and you believe you would receive good supervision from him if you were to see this client. What will you do? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of the ethical responsibility to clarify expectations of therapy and work within your scope of competence. A. Inform the client of your theoretical orientation and let him decide what he would like to do. B. Tell the client you would be willing to see him but only one time a week and start educating yourself regarding psychoanalysis. C. Tell the client you cannot see him because you're not a psychoanalyst and offer three referrals. D. Explore with the client what he means by "psychoanalysis." Educate him on your theoretical approach and inform him of your limitations regarding psychoanalysis. Let him decide if he would like to continue therapy with you or receive referrals. Answer: minor who is 12 years of age or older may consent to medical care and counseling relating to the diagnosis and treatment or a drug or alcohol problem. Minors cannot consent to psychotropic medication or inpatient hospitalization without parental ================================================== Question: 62. Miranda, a medical social worker is going through a painful and conflict-ridden custody battle with her ex-husband. She notices that she has a hard time paying attention in rounds and last week became irritated with a patient and another member of her interdisciplinary team. According to professional ethical standards, how should Miranda proceed? Content Area: Ethics: Professional Competence and Preventing Harm. This question reviews your knowledge of managing social worker's issues and conflicts that interfere with the ability to deliver professional services. A. Apologize to the patient and colleague. B. Take a personal day. C. Take a leave of absence until the custody situation has been resolved. D. Speak to her supervisor about making adjustments in her workload. Answer: , which pertains to child abuse, requires that mandated reporters, make a report of child abuse whenever a "reasonable suspicion" of abuse exists. An abuse report is required whenever a mental health provider learns about the abuse in his or her professional capacity. ================================================== Question: *63. Eli has relocated his psychotherapy practice from a big city to a small town. In addition to seeing clients in his office, he also takes a job as a supervisor of interns at the town's only community counseling clinic. In his second week at the clinic Eli is given a list of new interns he will be supervising and one of the interns assigned to him is a client in his private practice. This client does not know that Eli supervises at the clinic. What should Eli do? Content Area: Ethics: Business Practices and Policies This question tests your knowledge regarding supervision and dual relationships. A. Decline to supervise the intern. B. Ask the client to choose between having Eli as a social worker or a supervisor. C. Terminate the therapy since it conflicts with Eli's role as a supervisor as well as the client's desire for training and career advancement. D. Proceed as a supervisor since this is a case of an unavoidable dual relationship. Answer: Elder is over 65 years age ================================================== Question: 64. You find out that your client Joyce has been living with John for one year. John has a son who has become violent with Joyce on several occasions. She states that she really cares for John but doesn't know what to do about his son. How would you handle this situation? Content Area: Ethics: Therapeutic Relationship/Services This question pertains to a social worker's ethical responsibility to provide for a client's safety. A. Provide Joyce with safety information. B. Obtain Joyce's informed consent. C. Refer Joyce to a woman's support group. D. Refer the son to a high-risk teen group. Answer: Is one whose physical or mental health that puts them at increased risk of abuse ================================================== Question: *65. You are treating a family of four in therapy. The oldest child, age 17, suggested that you do telehealth sessions with him. Legally, in order to do this you must: Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of the legal parameters for the use of telemedicine/telehealth. A. Obtain written consent-to-treat from him because he is age 12 and older, to change the treatment plan. B. Obtain consent-to-treat him if he changes from family therapy to individual telehealth therapy. C. Legally obtain informed consent with the whole family to change the treatment plan. D. Determine your fee schedule for a different medium. Answer: Financial abuse Abandonment Neglect ================================================== Question: *66. Isaac and Fanny want their son Adam to have his Bar Mitzvah ceremony at the Orthodox synagogue that they belong to. Adam will only agree to study for his Bar Mitzvah at the local youth-oriented Hillel Temple that is less traditional. As a social worker, the most helpful initial step would be to: Content Area: Ethics: Therapeutic Relationship/Services This question asks you to clinically evaluate diversity of religious beliefs within a family. A. Suggest a compromise and see how they respond. B. Ask permission to speak with both Rabbis for their input. C. Ask the family members individually to share with you their thoughts about religion. D. Ask each family member to explain to you from their point of view the meaning this religious ceremony has to them and their family. Answer: Refers to the assumption that the reporter to the best of their knowledge had reason to believe the child in question was being subjected to abuse or neglect. Even if the allegations are false the reporter is provided with immunity ================================================== Question: 67. According to the Elder/Dependent Adult Abuse Reporting Law, you are mandated to report all of the following EXCEPT: Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of the Elder/Dependent Adult Abuse Reporting Law. A. Mental suffering B. Self-neglect C. Financial abuse D. Physical abuse Answer: Laura's Law allows California counties to decide whether to opt to implement a community-based, court- monitored outpatient treatment program. These programs require outpatient treatment for a seriously mentally ill person who is unlikely to survive safely in the community without supervision, has a history treatment noncompliance, and presents a serious risk of harm to self or others. At the present time some, but not all, California counties have adopted Laura's Law. ================================================== Question: 68. A famous rock musician who can pay your top fee is referred to you by a colleague. You send your colleague a bottle of fine wine in gratitude. Which of the following statements is TRUE about this situation? You have: Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of legal and ethical standards in dealing with referrals. A. Expressed your gratitude in an appropriate and professional manner. B. Not acted unethically or illegally since you did not solicit the referral. C. Not acted unethically or illegally since you did not directly pay the colleague for the referral. D. Acted unethically and illegally. Answer: (1) the presence of attitudes that support violence, (2) the client's capacity of means to carry out violence, (3) the crossing of a threshold toward violence such as purchasing a gun or breaking a law, (4) the presence of an intent to carry out an action, (5) the responses of others to the client's plans, and (6) the degree of client compliance with professional recommendations to reduce risk. ================================================== Question: *69. Your 16-year-old client has been working on gender issues since you started treatment when he was 15. He was referred to you by his high school because he was being bullied for wearing women's make-up and shoes. Legally, what would be your first concern? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of legal requirements when treating minors. A. You would need to get consent from his parents because he is being abused at school. B. You would need to assess for child abuse. C. You would need him to sign a release to speak with his school. D. You would need to assess for possible suicidal ideation. Answer: Social workers should provide services and represent themselves as competent only within the boundaries of their education, training, license, certification, consultation received, supervised experience, or other relevant professional experience. b) Social workers should provide services in substantive areas or use intervention techniques or approaches that are new to them only after engaging in appropriate study, training, consultation, and supervision from people who are competent in those interventions or techniques. c) When generally recognized standards do not exist with respect to an emerging area of practice, social workers should exercise careful judgment and take responsible steps (including appropriate education, research, training, consultation, and supervision) to ensure the competence of their work and to protect clients from harm. ================================================== Question: 70. A social worker who works from a Humanistic model tells a few of her clients that she has been sober for 10 years. She finds that clients feel safer with a social worker who is in recovery like themselves. What is a LCSW's ethical obligation to a client if a client wants the social worker to be his sponsor after one year of sobriety and participation in AA? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to ethically manage a client's request that you participate in a dual relationship. A. Tell the client it would be a dual relationship to act as a social worker and sponsor. B. Wait at least two years to begin any type of relationship concurrent with therapy. C. Agree to be the sponsor only after the client terminates therapy and if the client initiates the termination. D. Assess for any counter-transference that would encourage the social worker to become the sponsor. Answer: Informed consent involves providing clients with information necessary to make educated decisions about treatment. Can be in writing or by conversation ================================================== Question: *71. A client comes to your office for an initial visit. During your intake the client reveals that she left her previous therapist recently because she became uncomfortable when he invited her to have dinner with him. Your client asks what she should do. You would: Content Area: Law: Legal Standards for Professional Practice. This question assesses your legal knowledge regarding a therapist's boundaries with a client and requires that you discern between sexual exploitation and an unethical dual relationship. A. As required by law, provide your client with the brochure describing client options for action against therapists in such situations. B. Contact the therapist to discuss the legal/ethical consequence of his actions. C. Assess for further boundary violations. D. Contact the BBS to report the therapist's inappropriate actions. Answer: Goals of therapy/psychotherapy services - Risks and benefits of therapy - Approximate length of the process - Alternatives to therapy - Fees and services, including processes if bills are not paid - Qualifications and background of the counselor - Treatment procedures, including emergency procedures - Third party disclosures - Choices between paying with and without insurance -limits of confidentiality ================================================== Question: 72. Patricia, a 12-year-old client, tells you that she hates it when her older sister lets her boyfriend sneak into her room at night. The older sister is 15 and the boyfriend is 18. Patricia says they continue to do "nasty stuff" even though she tells them to stop. What would be your next step? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of laws that differentiate between reportable sexual abuse and non-reportable consensual sex involving minors. A. Call Child Protective Services. B. Tell the parents. C. Have a session with the sisters. D. Find out if they are having intercourse. Answer: Social workers should not engage in dual or multiple relationships with clients or former clients in which there is a risk of exploitation or potential harm to the client. In instances when dual or multiple relationships are unavoidable, social workers should take steps to protect clients and are responsible for setting clear, appropriate, and culturally sensitive boundaries. ================================================== Question: *73. Audrey, age 32, comes into your office while her father, Carl, and her 4-year-old daughter Brittney stay in your waiting room. Audrey tells you that she recently lost her job after her car broke down. Now she and Brittney live with her father, Carl, and she asks, "Can I pay you when my 'ex' pays his overdue child support?" How would you manage the ethical issue of fees? Content Area: Ethics: Business Practices and Policies This questions test your knowledge of the ethics that pertain to fees, fee disclosure and fee management. A. Review the fee policies outlined in your informed consent document. B. Disclose your fee prior to providing therapy or as soon as practically possible. C. If you see Audrey alone and her father is paying, explain that she must collect the fee from him and then pay you. D. Discuss Audrey's request that you wait to be paid until the 'ex' pays his overdue child support. Answer: -Counseling a friend, family member or someone known to the therapist - Providing individual therapy to two members of the same household - Providing simultaneous individual and group therapy - Entering a business relationship with a client Entering a social relationship with a client - Hiring a patient to do work for the therapist - Bartering goods or services to pay for therapy - Supporting the patient's isolation from social support systems - Increasing dependency on the therapist. ================================================== Question: *74. A social worker wants to speak with a client's nurse practitioner and brings up the subject of signing a release in order to do so. As part of informed consent, a client begins asking the social worker what she will do with the release. The social worker should explain that: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to talk with clients about the impact of their signing a release authorization. A. The release will expire in one year. B. The client is entitled to receive a copy of the release. C. The social worker will speak only with the person on the release. D. The social worker will tell the client before speaking with the third party. Answer: The California Business and Professional Code and the Civil Code (Section 43.93) discuss sexual relationships between of clients by therapists. In California, it is illegal for a psychotherapist to engage in sexual contact with a patient or former patient under any of the following circumstances: a. during therapy; b. within two years of termination of therapy; and c. by means of therapeutic deceptio ================================================== Question: *75. You have been working at your agency for 8 months and you have observed a colleague using EMDR. You are very impressed with the results she is having. You read an article about EMDR in a professional magazine. You also register with an EMDR council on the Internet. You begin using this technique with your clients. In this instance: Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to assess your ability to treat a client within your scope of competence. A. You may use this technique with your clients because you are registered on the Internet with the EMDR site. B. This would be considered outside of your scope of practice. C. Since you have studied the technique, it is ethical to practice with your clients. D. This would be considered outside of your scope of competence. Answer: -When a client accrues a large bill and cannot pay for services -When a client who has previously paid in full for services now requires a sliding scale -When there is a role change (e.g., an agency therapist is promoted to a non-clinical role) -When the therapist does not see continued need for treatment When there is a lack of treatment progress -When there is a threat to the clinician -When a client's issues exceed the clinician's scope of competence ================================================== Question: 76. John, 15, has lived with his father since his parents divorced. When expelled from school, his father brought him to you for counseling. The following week you get a call from Clara who identifies herself as John's mother. She says that her son needs to live with her if he is ever going to "be a better man than his father." Your initial step would be to: Content Area: Law: Confidentiality, Privilege, and Consent This test item addresses procedures to protect client confidentiality. A. Get a release from John's father to talk to his mother. B. Get a release signed by both John and his father. C. Not disclose to John's mother that John is your client. D. Invite John's mother to the next session. Answer: Health insurance companies offering mental health benefits will be required to provide equal coverage of mental and physical illnesses. requires health insurers to guarantee that the mental health and substance use benefits they offer are consistent with coverage offered for physical disorders or diseases. ================================================== Question: 77. During the course of therapy, a very strong emotional bond develops between Rowene and her client, Artie. Three years after the therapy terminates, Rowene and Artie run into each other at a delicatessen and decide to share a pastrami sandwich. One thing leads to another and several dill pickles later, Rowene and Artie begin a sexual relationship. One year later they break up. Artie, hurt and vengeful, files a complaint with the BBS claiming Rowene engaged in an unethical dual relationship with Artie by virtue of the relationship they entered into after therapy. Regarding this claim, which of the following responses is true? Revocation of a LCSW's license after having been found to have engaged in sexual misconduct with a client would occur after: Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of legal and ethical standards involving post therapy sexual relationships. A. Rowene violated neither legal nor ethical standards. B. Rowene violated both legal and ethical standards. C. Rowene violated the law, but not ethical standards. D. Rowene violated ethical standards, but not the law. Answer: California's statute mandates that health insurance plans offered in the state provide coverage for a list of nine mental health conditions: schizophrenia, schizoaffective disorder, bipolar disorder, major depression, panic disorder, obsessive- compulsive disorder, pervasive developmental disorder or autism, anorexia nervosa, and bulimia nervosa. The state law also has broader scope than the federal parity statutes, covering all group insurance plans as well as individual insurance plans. ================================================== Question: 78. As a mental health professional, which of the following situations are you mandated to report? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question is asking for the situation that you are mandated to report. A. Your 30-year-old female client is beating her husband and there are two young children in the home. B. Your client tells you the elementary school swim instructor is molesting her nine-year-old son. C. You have suspicions that your 63-year-old client is being beaten by her son-in-law. D. Your severely depressed client tells you that she wants to die. Answer: Request for domestic violence restraining order (DV-100) And the California telecommunications systems (CLETS) information form ================================================== Question: *79. Two years and one day after terminating with your client, Bob, he calls you and says that he has extra tickets to the NBA playoff game tonight and would like to invite you to the game with him and his wife. Under what circumstances might it be ethically appropriate for you to accept? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge regarding dual relationships. A. Under no circumstances, since a client is always a client and this could constitute a dual relationship. B. Under all circumstances, since this post-therapeutic relationship would occur more than two years following termination of treatment. C. If both you and the former client felt comfortable with meeting in this way. D. If you were to obtain professional consultation to determine the reasonableness of this post-therapeutic relationship. Answer: makes protection orders enforceable against state lines. If a victim believes that an order of protection has been violated, he or she should call police immediately. In many states, violators of protective orders are immediately arrested and jailed. ================================================== Question: *80. You are treating a client who discloses that she has had sexual relations with all her prior therapists. You: Content Area: Law: Legal Standards for Professional Practice. This question involves your legal responsibility in treating a client who has had sexual relations with prior therapists. A. Consider a diagnosis of Borderline Personality Disorder. B. Provide her with a copy of "Professional Therapy Never Includes Sex" and answer her questions about it. C. Provide her with a copy of "Professional Therapy Never Includes Sex" and describe the laws prohibiting therapist sex with clients. D. Contact the BBS and inform them of the client's reports. Answer: Are community based services that assist and support parents in their role as caregivers ================================================== Question: *81. Laurel, age 28, a corporate fund-raiser, and Marty, age 30, an electrician, are referred to you by Marty's E.A.P. Three weeks ago Marty witnessed the death by electrocution of a co-worker while they were working on a high-power utility line. Since then, Marty says he can't concentrate, is having nightmares, can't sleep, and finds himself reliving the incident over and over again. Laurel says Marty's problems are due to his drinking, not his co-worker's death. How would you handle the ethical responsibilities pertaining to boundaries? Content Area: Ethics: Business Practices and Policies This question tests your knowledge of how to manage boundaries. A. Avoid membership in gyms or country clubs to which either Marty or Laurel belong. B. Inform Marty how privilege works in case he is subpoenaed regarding the co-worker's death. C. Have Marty sign a release so that you can speak to his E.A.P. D. Set the fee before the first session. Answer: Are short term, family focused and community based services designed to help families cope with significant stresses or problems that interfere with their ability to nurture their children ================================================== Question: *82. A lesbian couple that you have been seeing asks you about Emotionally Focused Therapy. One of the partners tells you that she saw it on a daytime talk show and would like to see if it can help them. What should you NOT tell them if you feel competent to do this kind of therapy? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to ethically change the treatment plan, which requires informed consent from clients. A. That you will need them to sign an agreement to change the treatment plan. B. The risks and benefits of this type of therapy. C. How you will help them determine new treatment goals that fit with EFT. D. Your skills and experience in working with EFT. Answer: Health insurance portability and accountability act 1996 ================================================== Question: *83. Who holds the privilege for a 14-year-old client in a custody case? Content Area: Law: Confidentiality, Privilege, and Consent This question reviews your knowledge of privilege. A. The parents of the minor. B. The lawyer overseeing the client's case. C. The 14-year-old client. D. The social worker. Answer: Known as the administrative simplification (AS) provisions requires the establishment of national standards for electronic health care transactions and addresses the security and privacy of health data ================================================== Question: *84. A family with a 16-year-old daughter and a 15-year-old son comes in to see you. The siblings are of equal height and build. The parents report that they have been referred to you by the school counselor because of the children's frequent squabbles. You discover they both have hit the other hard enough to give each other black eyes. You would: Content Area: Law: Limits to Confidentiality/Mandated Reporting. The question relates to reporting requirements for sibling abuse. A. Set up a strict policy of no hitting; teach anger management skills to both siblings; and instruct the parents on recognizing the warning signs that lead to the children's violence. B. Report the incidents to a children's protective agency. C. Inform the parents that if they don't contain the violence, you will report the incident to a children's protective agency. D. Take steps to contain the violence. Since the violence is between siblings that are close in age and evenly matched, it is not reportable since it is a mutual affray between minors. Answer: Portability standards that ensure the continuity of healthcare 1.Privacy standards that govern the disclosure of protected health information 2. Security standards that protect the development and maintenance of health information ================================================== Question: *85. The juvenile court refers a family to you. The 14-year-old son has been found guilty of vandalism and recently tested positive for using marijuana. The parents say the boy's friends are to blame, and they want your help to convince the court that their son was a victim of these older boys pressuring and threatening him. Ethically you: Content Area: Ethics: Therapeutic Relationship/Services This question assesses your knowledge of how to act in an ethical manner with a client who has been referred by the juvenile court. A. Would explain that you need a release from the parents to communicate to the court. B. Could tell the court what the parents have told you. C. Must consult with the boy's attorney so that you remain in your scope of competence. D. Make a child abuse report concerning the older boys' threats. Answer: 1. Limits the ability of a new employer plan to exclude coverage for preexisting conditions 2. Provides individuals with the opportunity to enroll in a group health plan if they lose other coverage or experience certain life events 3. Prohibits discrimination against employees and their dependent family members based on any health factors they may have, including prior medical conditions, previous claims experience, and genetic information ================================================== Question: 86. Your client of six months, Dale, who was referred to you by her wheelchair aerobics instructor, comes to session with her 16-year old daughter Natasha. Dale is worried about abrupt changes in Natasha who has suddenly become argumentative and secretive. Natasha continues, "I'm sick and tired of helping her get to the bathroom. I want to be out with my friends." How would you manage your ethical obligations as they pertain to diversity? Content Area: Ethics: Business Practices and Policies This question tests your knowledge of how to incorporate diversity issues into the therapy from an ethical perspective. A. Educate yourself on the psychosocial impact of being in a wheelchair. B. Refer Dale to a support group for mothers in wheelchairs. C. Join with the family by acknowledging similarities between Dale and Natasha. D. Construct equipment, redesign entrances, or otherwise provide adequate wheelchair accessibility to your office. Answer: Under HIPAA, a plan is allowed to look back only 6 months for a condition that was present before the start of coverage in a group health plan. The law says that a preexisting condition exclusion can be imposed on a condition only if medical advice, diagnosis, care, or treatment was recommended or received during the 6 months prior to that individual's enrollment date in the plan. ================================================== Question: 87. Due to economic constraints, Robert has decided to broaden his practice and is willing to accept types of clients with whom he has not previously worked. Which ethical principle best characterizes what he should do? Robert should: Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of scope of competence. A. Only accept referrals within his scope of competence. B. Accept all referrals and get proper consultation and training as necessary. C. Not accept any referrals outside of his experience. D. Not accept any referrals for which he has had no formal training. Answer: Protected health information is any information about health status, provision of health care, or payment for health care that can be connected to a person ================================================== Question: *88. John is a client whom you referred to a psychiatrist for an evaluation. He was reluctant to go because he has a history of steroid abuse that he does not like to talk about. He was given a prescription for SSRIs to alleviate his depression that he has been taking for six months. John comes to session this week and tells you that he has stopped taking the medication. You would: Content Area: Law: Legal Standards for Professional Practice. This question focuses on the issue of scope of practice. A. Ensure that John takes the medication. B. Educate John about the impact of terminating the antidepressant medication. C. Refer John back to the prescribing psychiatrist. D. Explore the reasons for John's refusal and suggest that another antidepressant might be more appropriate. Answer: Any information about a person's past, present or future mental health status Names All client address information other than their state of residence Dates (except year) related to an individual, including birth date, admission date, discharge date Client phone or fax numbers E-mail address Social Security numbers Client photographs ================================================== Question: *89. Michelle, a 52-year-old car saleswoman, has been seeing you for individual counseling. She has a history of stormy relationships and affairs with married men. In one session, after discussing her tendency to avoid intimacy with any one man by juggling too many men at once, she tells you she's been seeing another therapist on the side. Ethically you: Content Area: Ethics: Therapeutic Relationship/Services This item reviews the ethics of a client having two separate therapists. A. Tell her it is unethical to have two therapists and encourage her to pick between you and the other therapist. B. Tell her it is unethical, and you can't see her again until she terminates with the other therapist. C. Explore the similarity between what she is doing in her relationships and with her therapy. D. Ask her what her goals have been with the other therapist and request a release to speak with that therapist. Answer: A key component of HIPAA is the Privacy Rule. The HIPAA Privacy Rule creates national standards to protect individuals' medical records and other personal health information. 1. It sets boundaries on the use and release of health records. 2. It enables clients to find out how information may be used, and about certain disclosures of their information that have been made. 3. It gives patients the right to examine and obtain a copy of their health records and to request corrections if data is incorrect. 4. It establishes appropriate safeguards that health care providers and others must achieve to protect the privacy of health information. 5. It enforces civil and criminal penalties if there is a violation of clients' privacy rights ================================================== Question: *90. Cynthia, a 42-year-old, divorced mother of two children, is your client. She has been seeing you to work on overwhelming feelings of anxiety. Her children are being seen in therapy by a well-respected child psychologist to deal with the upset of the divorce. Her husband is suing her for custody of the children. You have been contacted by his lawyer who has subpoenaed your records. You would: Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of your legal obligations as they pertain to privilege. A. Release your records. B. Tell the lawyer you refuse to release Cynthia's records. C. Release only a summary of your records. D. Call your client. Answer: If you are an individual mental health provider or work for a hospital, health plan or health care clearinghouse that transmits information electronically you are affected by HIPAA. ================================================== Question: *91. Your client, Janet, 25 years old, reports being tired all the time, spending less time doing activities that she used to enjoy and crying often for no apparent reason. Janet reports losing weight and spending less time with family and friends. You assess for suicide and judge the risk to be low. You may use all of the following interventions, EXCEPT: Content Area: Law: Confidentiality, Privilege, and Consent This question assesses your understanding of interventions used with suicidal clients. A. Talk with Janet about the problems in her life and her lack of interest. B. Mobilize external and internal resources. C. Suggest Janet take anti-depressants. D. Offer empathy and emotional support and contracting for ongoing contact with you as necessary. Answer: The term "covered entity," includes any mental health provider who submits billing information to managed care companies or other third parties. Please note that if there is even a single electronic transmission to an insurance carrier or other third party, the HIPAA requirement states that you must immediately become compliant with all guidelines ================================================== Question: 92. Cheryl and Bobby are in a joint private practice. Cheryl is concerned that Bobby is becoming burned out but Bobby won't reduce his caseload. Cheryl tells Bobby that she won't make any more referrals to Bobby. If Bobby decides to get some outside support, he is ethically managing his: Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of different ethical principles. A. Scope of competence. B. Counter-transference. C. Dual relationship. D. Scope of practice. Answer: --If access is reasonably likely to endanger the life or physical safety of the individual or another person --The PHI refers to another person (except for a health care provider) and access is reasonably likely to cause substantial harm to that person; or --If PHI is created during research, the access to PHI may be temporarily suspended if the individual is notified in advance --If the PHI was obtained from someone other than a health care provider under a promise of confidentiality and the access requested would reveal the source of the information ================================================== Question: 93. You are a social worker at a private agency funded by a religious charitable organization. You are assigned to work with a couple that initially reported communication problems. You explain the limits of confidentiality and your "no secrets" policy at the first session. After the first session, you receive a message on your voicemail from the wife that says her husband has been physically abusing her. What is the most ethical course of action? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of the ethical management of your "no secrets" policy. A. Call the wife and remind her of your "no secrets" policy, and that you will disclose her message to the husband at their next session. B. Call the wife and remind her of your "no secrets" policy, and that you expect her to disclose her message to the husband at their next session. C. Waive your "no secrets" policy and assess for physical abuse at the next session by interviewing the couple separately. D. Waive your "no secrets" policy and call the wife to assess whether she is currently in danger. Answer: ---When the minor is the one who consents to care and the consent of the parent is not required under State or other applicable law. --When the minor obtains care at the direction of a court or a person appointed by the court. ---When, and to the extent that, the parent agrees that the minor and the health care provider may have a confidential relationship. ================================================== Question: *94. Karen has been a client of yours for almost six months. One day when you are in church you notice that Karen's name is in the church bulletin welcoming her as a new member of the congregation. You doubt that she knew you went to this church. You should: Content Area: Ethics: Business Practices and Policies This question reviews your knowledge of dual relationship protocol. A. Leave the congregation. B. Tell the client she needs to join a different congregation. C. Stay in the congregation but avoid direct social interactions. D. Review dual relationships with your client, and healthy client-social worker boundaries. Answer: Notes recorded in any medium by a mental Heath professional documenting or analyzing the contents of conversation during a private counseling session ================================================== Question: 95. Your client just found out that her identity has been stolen on the internet and she is worried that whoever stole her identity will also know that she was in therapy from the online bills and emails she paid to you, her social worker. What should you do to fulfill your scope of competence obligations? Content Area: Ethics: Business Practices and Policies This question relates to general scope of competence issues-any issue related to your ability to provide treatment in a competent manner. A. Maintain computer security, i.e. firewalls, passwords, etc. B. Refer the client to a new mental health professional. C. Destroy records in a confidential manner. D. Assure that you are competent to provide internet therapy. Answer: Requires mental health providers to anticipate threats to, or inappropriate uses of confidential information. It only applies to electronic protected health information or ephi ================================================== Question: 96. Which of the following people CANNOT initiate a 5150? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge about initiating a 5150 (an involuntary 72-hour-hold). Initiating a 5150 is making the request for a formal 5150 evaluation to take place. A. A parent. B. A social worker. C. A paramedic. D. A 17-year-old client. Answer: Health care claims Health care payment and remittance advice Electronic requests for coordination of benefits Electronic treatment request forms ================================================== Question: *97. The court sends Sue and Jerry to you for marital counseling after a domestic violence incident. A month after the referral, the court requests a report on the couple's attendance and progress. You: Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of how to respond to a court request. A. Can inform the court of the couple's attendance, but not progress without a written release signed by Sue or Jerry. B. Should assert privilege on behalf of the couple. C. Need a written release signed by both Sue and Jerry before you can communicate with the court. D. Cannot assert privilege on behalf of the couple. Answer: 1.HIPAA standards apply to protected health information: "information about health status, provision of health care, or payment for health care that can be connected to a person." This broadly includes any part of a client's medical record or payment history. 2. HIPAA sets boundaries on the use and release of health records. 3. HIPAA patients the right to examine and obtain a copy of their own health records and request corrections. 4. It establishes appropriate safeguards that health care providers and others must achieve to protect the privacy of health information. 5. Providers must notify clients about their privacy rights and how their information can be used. 6. Mental health practitioners must adopt and implement privacy procedures ================================================== Question: 98. You just received a referral from a local psychiatrist. The client suffers from a severe psychotic disorder and must take psychotropic medications. You have never treated anyone with a chronic mental illness in your private practice before so you must: Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of standards for ethical client treatment. A. Consider whether you have the appropriate education, training and experience to accept this case. Also, look at the client's goals for coming to see you. B. Let the doctor know you appreciate the referral, but you are out of your scope of practice in taking on this particular client. C. Find a supervisor to assist and guide you in working with this client so that you are covered legally. D. Tell the doctor that you would like to take this case and are prepared to research this diagnosis and work closely with him so that you might effectively treat the client and expand your capabilities as a clinician. Answer: Text based forms of communication include email chat rooms text messages and listservs. Forms of communication that aren't text based include telephone and videoconferencing ================================================== Question: *99. A social worker receives a phone call from a young woman who asks if they can talk before she makes an appointment. In an initial phone call, the woman introduces herself and asks how long you have been a social worker. Missie tells you that she is depressed and that there is no pleasure or joy in anything she does. She doesn't have a lot of time or a lot of money but wants to know if you can help her to feel better. What is the social worker's obligation? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of ethical obligations. A. Tell her how long you have been licensed and how many clients you have. B. Ask her how many sessions she can afford and use a therapy model that suits her needs. C. Before making her a client, perform informed consent about what to expect from therapy. D. Evaluate the seriousness of her depression to determine if you can treat her. Answer: Synchronous communication is most easily facilitated through instant messaging, chat rooms, telephone, and videoconference. Synchronous communication provides immediate feedback, since both the practitioner and client are engaged in conversation during the same time frame ================================================== Question: 100. A client that you treated 3 years ago terminated when her therapy goals had been reached and she was ready. Which of the following would be legally required if this client returned to therapy with you at a new office? Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of legal requirements when starting therapy. A. Tell her if you have raised your fees. B. Tell her that you must make referrals if her needs are out of your scope of competence. C. You must open a separate file. D. She must sign a new release authorization since they expire after one year. Answer: Asynchronous communication allows for correspondence without simultaneous connection (Maheu, et al., 2005). Examples include postal mail, e-mail, facsimile, and voicemail. These forms of contact generally do not allow for immediate feedback or a consistent flow of conversatio ================================================== Question: *101. In making a referral for a lesbian couple dealing with domestic violence issues, the social worker should: Content Area: Ethics: Therapeutic Relationship/Services This question tests your sensitivity to human diversity issues. A. Refer them to a social worker who has experience with domestic violence issues. B. Not consider their sexual orientation since this is irrelevant to the domestic violence issues. C. Refer them to a lesbian social worker. D. Refer them to a gay and lesbian community center. Answer: --The treatment process or procedure --Benefits associated with the treatment or procedure; --- Risks associated with the treatment procedure; --Actions taken to prevent client risk -- Procedures for emergencies. ================================================== Question: 102. You have assessed a chronically depressed client for suicidal tendencies and determined the person to be at high-risk. You are: Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of the law pertaining to suicidal clients. A. Legally bound to report. B. Ethically responsible to notify family or "others responsible for the client's well-being." C. Legally responsible to intervene. D. Not responsible in any way as the client has a right to make his/her own decision. Answer: to prevent hackers from accessing patient records and to prevent computer viruses from corrupting electronic data (Zack, 2004). Several different security options are available to practitioners and clients for maintaining a secure computer network. For a licensed therapist practicing E-therapy, experts recommend securing clients' electronic records by utilizing password protection programs, computer network firewalls, wiping software, and document encryption. ================================================== Question: 103. You have been seeing Shelly, 54, for two years. During one session, Shelly expresses the wish that the two of you could get together for coffee, since she likes you as a person, and she has been feeling very lonely lately. You would: Content Area: Ethics: Professional Competence and Preventing Harm. This question assesses your knowledge of the impact of the therapeutic relationship on a client and the necessity to review the relationship with a client on occasion. A. Discuss with Shelly the nature of the therapeutic relationship and explore her feelings and assumptions. B. Agree to conduct therapy while the two of you walk in the neighborhood around your office. C. Give Shelly homework to ask a friend to go out for coffee. D. Inform Shelly that going out for coffee is a boundary violation, and that you would not think of violating this boundary. Answer: Medicare deemed online videoconference billable in October 2001 ================================================== Question: 104. A 6-year-old child has been brought in by his mother for counseling. She wants you to explain to him why he is in therapy because she feels like she doesn't have the right words, and it could scare him. How do you handle obtaining consent for the child? Content Area: Law: Confidentiality, Privilege, and Consent This question concerns consent to treat a minor and custody. A. If the parents are divorced, review the custody papers. Joint custody means both parents must consent. B. Determine the marital status of the family. If the parents are still married, then both must consent. C. If the parents are divorced, review the custody papers. Determine whether one or both parents must consent. D. If the parents are divorced, review the custody papers. Either parent may consent if they are the biological parent. Answer: provides several means for reducing medical errors, such as: 1) Establishing a national focus to create leadership, research, tools, and protocols to enhance the knowledge base about safety; 2) Identifying and learning from errors by developing a nationwide public mandatory reporting system and by encouraging health care organizations and practitioners to develop and participate in voluntary reporting systems; 3) Raising performance standards and expectations for improvements in safety through the actions of oversight organizations, professional groups, and group purchasers of health care, and 4) Implementing safety systems in health care organizations to en-sure safe practices at the delivery level. ================================================== Question: *105. A social worker has been treating Mikey, age 12, for the last 8 months. He has been dealing with feelings of depression and tells you that he is not doing well in school. He tells you that his parents recently filed for divorce, and he does not know with which parent he wants to live. A few weeks later, you receive a call from an attorney who tells you that she was appointed to represent Mikey in the divorce proceedings. She is requesting a copy of your records. How do you respond in this situation? Content Area: Ethics: Therapeutic Relationship/Services This question involves legal and ethical issues related to the release of clinical records. A. Having determined that the lawyer is the child's counsel, you would release your clinical records to her, and tell your client that you are doing so. B. Ask Mikey if he would sign a release to allow you to release the records to the attorney because ethically, you must act in his best interests. C. Release records with both parents' authorization if it is in Mikey's best interests to do so. D. Do not speak with the attorney because your client's confidentiality is the more important ethical obligation in this instance. Answer: Professionals make mistakes such as incorrectly diagnosis someone ================================================== Question: *106. A couple is in sex therapy. The sex therapy has focused on differences in their sexual desires. As they begin to make progress, one of the partners asks if they can come every other week, and if they do, if they can they pay a lower fee. What is your legal obligation? Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of how to legally negotiate fees. A. Discuss a new fee arrangement before changing the fee. B. Document a new fee arrangement in your files. C. Refer the client to a lower-fee therapist. D. Self-assess any counter-transference that causes you to feel manipulated. Answer: When the clinician fails to act in someway ================================================== Question: *107. Chong-Wook and Dae-Sup, a Korean-American couple in their mid-thirties who work as computer programmers, come into your office with their six-year-old adopted son, Chin-Hae. Chin-Hae's school counselor referred them to you. During the session, Chin-Hae appears restless and interrupts frequently. Chong-Wook's speech sounds slurred, and he says that he can hardly wait until Chin-Hae is in bed each night, so that he can drink some sho-chu to unwind. Chong-Wook tells you that "the fee won't be a problem, the fee is covered under the overall adoption agreement." What are your ethical obligations? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of ethical obligations. A. Determine the family's understanding of the purpose of the therapy. B. Determine the identified patient and tell Chong-Wook and Dae-Sup the fee before the first session. C. Determine the identified patient and refer to a pediatrician. D. Tell Chong-Wook and Dae-Sup the fee at the first session, and explain that you may need to consult with the school counselor and adoption agency. Answer: Unexpected occurrences involving death or serious physical or psychological injury or the risk thereof ================================================== Question: 108. Veronica, a 29-year-old coffee store manager, is in counseling because she is very depressed. She reports that she only works and sleeps and has no hope of things improving. She frequently says, "Dying is the only way out." The case of Bellah v. Greenson would compel you to: Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of the legal parameters when a client is suicidal. A. Initiate a 5150. B. Obtain a "self-care plan." C. Take reasonable steps to ensure her safety. D. Contact friends for a 24-hour watch. Answer: Suggests that should event recur it would carry a significant chance of an adverse outcome ================================================== Question: 109. Your client, Barbara, has been unemployed for three months. In her last session she stated that she plans to kill her ex-boss tomorrow because he's the cause of all her unhappiness. You call the police to alert them to Barbara's plan, but they don't seem to take you seriously because there isn't a weapon involved. The officer on the phone tells you not to worry about it. Given your responsibilities under the Tarasoff ruling, you would: Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question involves a Tarasoff situation. A. Document your phone call outlining your concerns and justifying your actions in order to cover your liability. B. Have Barbara come in immediately for crisis counseling. C. Call Barbara's ex-boss and warn him of her plan. D. Call Barbara and find out if she has a gun so you can tell the police. Answer: What happened Why did it happen What to do to prevent it happening again ================================================== Question: 110. A social worker works for a managed care panel and receives most of her clients by referrals from the managed care company. A client comes for a first session, and the social worker realizes that the client has treatment expectations that are out of her scope of competence. What should the social worker do? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to manage your ethical and legal obligations when a client is out of your scope of competence. A. Speak with the insurance company about her scope of competence. B. Refer the client back to the insurance company. C. Refer the client to a colleague who can meet his needs. D. Collect the co-pay but do not bill for the session. Answer: Physical cause Human cause Organizational cause ================================================== Question: 111. You have been seeing a 22-year-old gay client for two years and treating him for depression. You get a call from his partner informing you that your client has committed suicide. Your best course of action would be to: Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of confidentiality issues after the death of a client. A. Inquire as to whether the partner has legal authority regarding the disposal of your client's records. B. Offer to take the partner as a client to help him process his feelings of grief and loss. C. Hire an attorney regarding the suicide and make sure your notes on treating your client's depression are up to date. D. Maintain confidentiality and retain the client's files for 7 years. Answer: Tangible causes such as material items failing in some way. An example of this would be if a psychiatric medication caused an adverse reaction ================================================== Question: *112. A client you have been treating, who is also a social worker, says that she was contacted by a program coordinator of a local PTA to give a talk on the emotional effects of earthquakes on children. She does not feel qualified to give the talk. Knowing that this is an area of expertise that you have, she inquires if you would be interested in doing this. What would be your response to this situation? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of dual relationships. A. You indicate to your client that she can give your number to the program coordinator. B. You thank her for thinking of you, but you refuse the offer to avoid a dual relationship. C. You tell her that you are interested and ask her to set up a meeting between you and the program coordinator. D. You wait until you terminate therapy and then remind your former client of her previous offer. Answer: People did something wrong or did not do something that was needed. An example of this would be a therapist failing to take precautions to ensure the safety of a suicidal patient ================================================== Question: 113. Darius is a psychoanalytically-oriented social worker who prefers to be a "blank screen" and who, as a matter of theoretical orientation, prefers not to disclose personal information. When his clients ask him about his experience, education, training, or his ideas about the therapeutic process, Darius finds ways to avoid answering their questions. This way of handling client questions is: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of ethical standards related to informed consent. A. Contrary to the spirit and intent of ethical standards. B. Ethically appropriate but legally questionable. C. More in tune with postmodern approaches to therapy. D. A questionable application of psychoanalytic theory. Answer: A system, process, or policy that people use to make decisions or do their work is defective. An example of this would be an organization policy that delays the reporting of child or elder abuse ================================================== Question: *114. You have been seeing Jill and Dan, a couple in their mid-30s, for 2 months. Dan's insurance has been paying a portion of their therapy. Dan informs you that he has been laid off from his job and is looking for work. The two complain of their finances. Jill works from home, running her own catering business. The couple would like to continue seeing you and ask if Jill could trade some services for their therapy. How would you handle this request? Content Area: Ethics: Business Practices and Policies This question asks you to choose the best way to proceed in a situation in which your client wants to barter for therapeutic services. A potential dual relationship is involved. A. Inform them that it would be unethical and help them find a way to pay for continued therapy. B. Acknowledge their struggle and accept the arrangement. C. Refer them to a financial counselor and discontinue therapy. D. Refer them to a couples' support group. Answer: 4.01 Competence (a) Social workers should accept responsibility or employment only on the basis of existing competence or the intention to acquire the necessary competence. (b) Social workers should strive to become and remain proficient in professional practice and the performance of professional functions. Social workers should critically examine and keep current with emerging knowledge relevant to social work. Social workers should routinely review the professional literature and participate in continuing education relevant to social work practice and social work ethics. (c) Social workers should base practice on recognized knowledge, including empirically based knowledge, relevant to social work and social work ethics. ================================================== Question: 115. Which of the following is NOT a type of dependent adult and elder abuse? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of the parameters of elder and dependent adult abuse. A. Abandonment. B. Self-harm behavior. C. Isolation. D. Abduction. Answer: 4.05 Impairment (a) Social workers should not allow their own personal problems, psychosocial distress, legal problems, substance abuse, or mental health difficulties to interfere with their professional judgment and performance or to jeopardize the best interests of people for whom they have a professional responsibility. (b) Social workers whose personal problems, psychosocial distress, legal problems, substance abuse, or mental health difficulties interfere with their professional judgment and performance should immediately seek consultation and take appropriate remedial action by seeking professional help, making adjustments in workload, terminating practice, or taking any other steps necessary to protect clients and others. ================================================== Question: 116. A therapist who takes a Narrative approach begins to explain the risks and benefits of therapy. The client asks if this is part of the therapy, and the therapist agrees that it is. The therapist then asks the client, "what do you understand about how therapy is 'supposed' to be?" From an ethical standpoint, the therapist is: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of ethical conceptualizations of interventions. A. Deconstructing the client's dominant discourse. B. Providing informed consent. C. Avoiding cultural bias. D. Externalizing the client's ideas about therapy. Answer: 1.05 cultural competence and social diversity A)Social workers should understand culture and its function in human behavior and society, recognizing the strengths that exist in all cultures. (b) Social workers should have a knowledge base of their clients' cultures and be able to demonstrate competence in the provision of services that are sensitive to clients' cultures and to differences among people and cultural groups. (c) Social workers should obtain education about and seek to understand the nature of social diversity and oppression with respect to race, ethnicity, national origin, color, sex, sexual orientation, gender identity or expression, age, marital status, political belief, religion, immigration status, and mental or physical disability. ================================================== Question: *117. You recently get a new, male client who is visually impaired. You've never worked with a client with a physical disability and are feeling a little uncomfortable with the client when he is sitting in the room. What is the best way to handle your discomfort? Content Area: Ethics: Professional Competence and Preventing Harm. This question asks you how to handle a client who makes you "a little uncomfortable." A. Let the client know of your discomfort and ask if he would prefer a different therapist. B. Consult with professional peers regarding your discomfort. C. Deal with your counter-transference in your own therapy. D. Do research on blindness to help you with an understanding of your client's needs. Answer: Social workers should avoid unwarranted negative criticism of colleagues in communications with clients or with other professionals. Unwarranted negative criticism may include demeaning comments that refer to colleagues' level of competence or to individuals' attributes such as race, ethnicity, national origin, color, sex, sexual orientation, gender identity or expression, age, marital status, political belief, religion, immigration status, and mental or physical disability ================================================== Question: 118. When you check your messages you find a message from an emergency room doctor who says that he is treating a man who overdosed, and that this man had your business card in his pocket. You recognize the name as a client you have been treating, and whom you know has a history of substance abuse. The doctor wants information from you. How would you proceed? Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge about when a mental health worker may speak to a medical professional regarding a client. A. Tell the doctor you will need him to fax a release authorization signed by the client in order to speak to him. B. Give the doctor the information he needs. C. Do not acknowledge that you know the man. D. Do not return the phone call. Answer: Social workers should not practice, condone, facilitate, or collaborate with any form of discrimination on the basis of race, ethnicity, national origin, color, sex, sexual orientation, gender identity or expression, age, marital status, political belief, religion, immigration status, or mental or physical disability. ================================================== Question: *119. Your 15-year-old client is using a false email and social network page to bully other students at school. He tells you he does it so that the school won't catch him. He is in therapy with the consent of his parents, and you have a release to speak with the school. If the school calls, and you decide to speak with the school, how do you fulfill your ethical obligations for informed consent? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to manage a breach of confidentiality in an ethical way. A. Only disclose information pertinent to the school's questions. B. Tell his parents that you plan to speak with the school before doing so. C. Tell the client what you plan to tell the school. D. Speak to his parents before you talk to the school. Answer: Social workers should act to prevent and eliminate domination of, exploitation of, and discrimination against any person, group, or class on the basis that of race, ethnicity, national origin, color, sex,sexual orientation, gender identity or expression, age, marital status, political belief, religion, immigration status, or mental or physical disability. ================================================== Question: *120. You have been treating Anita for three sessions for depression and relationship issues. You are considering a diagnosis of Major Depression and other DSM-5 diagnoses. You are not sure which is appropriate yet. Legally: Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of how to work within your scope of practice. A. Do not treat the client unless your advertising indicates that you have expertise with depression or mood disorders. B. Consider whether it is in your scope of competence to work with depressive disorders. C. Change the diagnosis when you have confirmed it on any insurance forms. D. Do not submit insurance billing until you have confirmed a diagnosis. Answer: Social workers should provide services to clients only in the context of a professional relationship based, when appropriate, on valid informed consent. Social workers should use clear and understandable language to inform clients of the purpose of the services, risks related to the services, limits to services because of the requirements of a third-party payer, relevant costs, reasonable alternatives, clients' right to refuse or withdraw consent, and the time frame covered by the consent. Social workers should provide clients with an opportunity to ask questions. (b) In instances when clients are not literate or have difficulty understanding the primary language used in the practice setting, social workers should take steps to ensure clients' comprehension. This may include providing clients with a detailed verbal explanation or arranging for a qualified interpreter or translator whenever possible. (c) In instances when clients lack the capacity to provide informed consent, social workers should protect clients' interests by seeking permission from an appropriate third party, informing clients consistent with the clients' level of understanding. In such instances social workers should seek to ensure that the third party acts in a manner consistent with clients' wishes and interests. Social workers should take reasonable steps to enhance such clients' ability to give informed consent. (d) In instances when clients are receiving services involuntarily, social workers should provide information about the nature and extent of services and about the extent of clients' right to refuse service. (e) Social workers who provide services via electronic media (such as computer, telephone, radio, and television) should inform recipients of the limitations and risks associated with such services. ================================================== Question: 121. A client gives you a small basket of homemade muffins as a gesture of appreciation. You: Content Area: Ethics: Business Practices and Policies This item assesses the ethical protocol in accepting/declining gifts from clients. A. Decline the muffins and explain that ethical social workers don't accept gifts from clients. B. Refuse or accept the gift based on cultural considerations and the meaning of gift giving in the client's culture-of-origin. C. Accept the gift and explore what it means for her to give you the muffins. D. Accept the gift in the spirit in which it was intended and move on. Answer: If you are an individual mental health provider or work for a hospital, health plan or health care clearinghouse that transmits information electronically you are affected by HIPAA. HIPAA provisions call these individuals or institutions "covered entities." ================================================== Question: *122. During a 5th session with a client, Keesterman realizes the client is dating his daughter. How should Keesterman proceed? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge about how to proceed when an ethical conflict develops during the process of therapy. A. Refer the client to another therapist and disclose the reasons. B. Disclose to the client the ethical conflict and discuss whether to continue treatment or refer to another therapist. C. Continue treatment to avoid abandoning the client. D. Terminate treatment and do not disclose the reasons. Answer: ---Portability standards that ensure the continuity of healthcare --Privacy standards that govern the disclosure of protected health information --Security standards that protect the development and maintenance of health information ================================================== Question: *123. Parents of 7-year-old Todd bring him in because he told them an older kid at school pulled his pants down in the boy's bathroom and laughed at him. They tell you that they also found harassing texts on their son's cell phone from the same kid and some others. The parents demand that you evaluate Todd for mental anguish because they want to sue the school for allowing bullying on its premises. Legally, the social worker should: Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question probes your knowledge of the clinical and legal consequences of bringing one's mental status into a legal proceeding. A. Identify this as a form of sexual harassment but process it as child abuse. B. Advise the parents to try talking with the school's representatives before proceeding with any legal action. C. Tell them that using their son's "mental anguish" in a lawsuit could compromise their confidentiality in therapy. D. Consider making a report to an agency designated to receive a child abuse report within 24 hours by phone and within 48 hours in writing. Answer: The HIPAA Privacy Rule creates national standards to protect individuals' medical records and other personal health information. It sets boundaries on the use and release of health records. It gives patients the right to examine and obtain a copy of their health records and to request corrections if data is incorrect. Clients needed to be notified about privacy practices during first session ================================================== Question: 124. A social worker is seeing a couple on a sliding fee basis. They are having difficulty paying at this rate. When the social worker goes out to the waiting room, she discovers a cashmere sweater with a note pinned to it. The note says, "Don't tell my wife about this." What should the social worker do about this? Content Area: Ethics: Therapeutic Relationship/Services This question pertains to the issues of secrets, dual relationships, and appropriate means of payment for therapy. A. Thank him for the sweater and tell his wife. B. Thank him for the sweater and not tell his wife. C. Return the sweater and encourage the man to bring it up in session. D. Return the sweater and maintain the man's confidentiality. Answer: B. Social workers may disclose confidential information when appropriate with valid consent from a client or a person legally authorized to consent on behalf of a client. (c) Social workers should protect the confidentiality of all information obtained in the course of professional service, except for compelling professional reasons. The general expectation that social workers will keep information confidential does not apply when disclosure is necessary to prevent serious, foreseeable, and imminent harm to a client or other identifiable person. In all instances, social workers should disclose the least amount of confidential information necessary to achieve the desired purpose; only information that is directly relevant to the purpose for which the disclosure is made should be revealed. information germane to the purpose for which the communication is made. (d) Social workers should inform clients, to the extent possible, about the disclosure of confidential information and the potential consequences, when feasible before the disclosure is made. This applies whether social workers disclose confidential information on the basis of a legal requirement or client consent. I. Social workers should protect the confidentiality of clients' written and electronic records and other sensitive information. Social workers should take reasonable steps to ensure that clients' records are stored in a secure location and that clients' records are not available to others who are not authorized to have access. ================================================== Question: *125. Some clients are referred to social workers by other helping agencies and collaboration advances client welfare. Your new client tells you that she signed a release with the agency that referred her to you. You ask her to sign your release as well. Which of the following must appear on the release? Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of the legally required elements of release authorization. A. A "Notice of Privacy Practices" if the client is a "covered entity" under HIPAA. B. Notification to the person signing the agreement that they have a right to receive a copy of it. C. It must include an expiration date established by the client. D. It must state the client's diagnosis and reason for approving the release authorization. Answer: 1.04 Competence (c) When generally recognized standards do not exist with respect to an emerging area of practice, social workers should exercise careful judgment and take responsible steps (including appropriate education, research, training, consultation, and supervision) to ensure the competence of their work and to protect clients from harm. ================================================== Question: *126. You are working as an associate therapist at a non-profit agency. As part of your treatment, you collaborated with a psychologist and conducted some assessment inventories to evaluate your client's progress. Your client asks you how she scored on her depression test after being in therapy for six months. Your ethical responsibility in this case would be to: Content Area: Ethics: Business Practices and Policies This question tests your knowledge of how to clinically and ethically discuss assessment tests with clients. A. Inform her of the results in language she can understand. B. Give her a copy of every test she completed with a summary of scores. C. Evaluate if telling her the test scores will disrupt the therapy. D. Explain to her that she has the right to decline an assessment. Answer: a) When setting fees, social workers should ensure that the fees are fair, reasonable, and commensurate with the services performed. Consideration should be given to clients' ability to pay. B. Social workers should take reasonable steps to avoid abandoning clients who are still in need of services. Social workers should withdraw services precipitously only under unusual circumstances, giving careful consideration to all factors in the situation and taking care to minimize possible adverse effects. Social workers should assist in making appropriate arrangements for continuation of services when necessary. (c) Social workers in fee-for-service settings may terminate services to clients who are not paying an overdue balance if the financial contractual arrangements have been made clear to the client, if the client does not pose an imminent danger to self or others, and if the clinical and other consequences of the current nonpayment have been addressed and discussed with the client. ================================================== Question: 127. A social worker is surprised to learn in session that a client did a "google" search and found out that the social worker has another job in another field. The social worker is also a personal trainer and yoga teacher. The client asks which career the social worker likes better and says that she always wanted to try yoga. The social worker feels like the client is interrogating her and is concerned that the client may show up in a yoga class. How should the social worker proceed? Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of how to manage possible dual relationships and the ethics of having a digital and social media presence. A. Address any counter-transference about the potential dual relationship. B. Block the client from the website that allows people to enroll in the yoga class. C. Talk with the client about the risks of dual relationships. D. Tell the client that you would prefer to know in advance if a client is doing a search, and that you will also tell the client in advance if you search them on the internet. Answer: Self- determination Informed consent Preserving professional boundaries Safeguarding confidentiality ================================================== Question: *128. A professional couple, who moved here from India two years ago, begins therapy with you. You know little about their culture. In your work together you: Content Area: Ethics: Therapeutic Relationship/Services This question ascertains your knowledge of cross-cultural issues. A. Ask them to educate you about important differences and to tell you how these relate to their presenting problem. B. Do your own research on upper-class Indians to have a better understanding of your clients. C. Ask them if they feel comfortable working with you since you are unfamiliar with their native culture. D. Recommend an Indian therapist who will better understand their concerns. Answer: What an ordinary reasonable and prudent professional with the same or similar training would have done under the same or similar circumstances ================================================== Question: 129. A social worker told a colleague how she had bartered with a client, exchanging therapy for having her office painted. How should the social worker who received this information respond? Content Area: Ethics: Business Practices and Policies This question looks at your familiarity with dual relationships and the appropriate response to a colleague exhibiting poor boundaries. A. Report to the BBS. B. Report to an ethics committee. C. Tell the colleague that her actions violate ethical standards. D. Do nothing because there is no reporting requirement for this type of situation. Answer: If parents are the one who consented to therapy they have the right to clinical records ================================================== Question: *130. An 18-year-old woman named Claire, states in her first session that she's thrilled to be out of her home and to be away from "that monster of a father," whom she says sexually abused her since she was 15. She tells you she has a two younger siblings who still live at home. What is your legal obligation? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question assesses your knowledge of legal obligations surrounding confidentiality. A. Maintain confidentiality. B. File a child abuse report for the abuse that Claire suffered since 15. C. File a report with CPS for reasonable suspicion of abuse for Claire's younger siblings. D. Ask Claire to sign an authorization to speak with her siblings to determine if they are safe. Answer: Refers to the right to withhold information from court. Privilege exists to benefit of the client and belongs to the client ================================================== Question: 131. As part of his telehealth practice, a social worker offers quick assessment surveys online to help potential clients decide if they want therapy. The surveys do not ask for any identifying information. The social worker has access to the results of the surveys but does not ask for the name of the consumer, to avoid the appearance of solicitation. This is legal if: Content Area: Law: Legal Standards for Professional Practice. This question pertains to your knowledge of legal types of advertising and fee arrangements. A. He provides referrals for any online survey respondents who are in a crisis. B. He also offers the survey to current clients at no cost. C. He advertises that the online assessments are consistent with DSM standards. D. The surveys are offered at no cost, or fees for completing the surveys are disclosed before the client begins the survey. Answer: ---Portability standards that ensure the continuity of healthcare --Privacy standards that govern the disclosure of protected health information --Security standards that protect the development and maintenance of health information ================================================== Question: 132. Your client of five years asks to see a copy of his treatment records and submits the request to you in writing. How should a social worker respond? Content Area: Law: Confidentiality, Privilege, and Consent This question probes your knowledge of how to respond to client requests of access to their treatment records. A. Allow the client to inspect the records, receive a copy, or receive a summary. B. Inform the client that the records belong to the social worker, and that there is no right to client access to treatment records. C. Explain that clients are only entitled to summaries of the treatment record. D. Assert the privilege unless the request is accompanied by a court order. Answer: The HIPAA Privacy Rule creates national standards to protect individuals' medical records and other personal health information. It sets boundaries on the use and release of health records. It gives patients the right to examine and obtain a copy of their health records and to request corrections if data is incorrect. Clients needed to be notified about privacy practices during first session ================================================== Question: 133. A new client, Susan, comes into your office reporting difficulties making presentations during staff meetings and has another big presentation in three weeks. Susan says, "I've heard of some technique called EMDR which is supposed to help with things like this. Can you help me?" Under what circumstances would you be allowed to perform EMDR with a client? Content Area: Ethics: Professional Competence and Preventing Harm. This question assesses your knowledge of scope of practice and competence. A. You've read a book on the subject which includes step-by-step instructions. B. You consulted with a colleague who shows you how to do EMDR. C. You've taken a practical course on EMDR and have obtained certification. D. Your personal therapist used EMDR with you so you know how it works. Answer: B. Social workers may disclose confidential information when appropriate with valid consent from a client or a person legally authorized to consent on behalf of a client. (c) Social workers should protect the confidentiality of all information obtained in the course of professional service, except for compelling professional reasons. The general expectation that social workers will keep information confidential does not apply when disclosure is necessary to prevent serious, foreseeable, and imminent harm to a client or other identifiable person. In all instances, social workers should disclose the least amount of confidential information necessary to achieve the desired purpose; only information that is directly relevant to the purpose for which the disclosure is made should be revealed. information germane to the purpose for which the communication is made. (d) Social workers should inform clients, to the extent possible, about the disclosure of confidential information and the potential consequences, when feasible before the disclosure is made. This applies whether social workers disclose confidential information on the basis of a legal requirement or client consent. I. Social workers should protect the confidentiality of clients' written and electronic records and other sensitive information. Social workers should take reasonable steps to ensure that clients' records are stored in a secure location and that clients' records are not available to others who are not authorized to have access. ================================================== Question: *134. Felix, a 30-year-old Caucasian, has been placed on administrative leave for excessive absences and is referred to you by his EAP. His partner, Pablo, a 32-year-old Peruvian-American, joins him in the session. Lately they have been "fighting all the time," and at work nobody knows that they are a couple because Felix fears they'll be fired. Pablo shoots an angry glance at Felix and says, "You worry too much. I can't take you moping around all the time, and the reason I drink so much is because you stopped having sex with me." What is your ethical obligation pursuant to Pablo's drinking? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of the ethical assessments and actions you can take to determine a client's ability to benefit from treatment. A. If you have a sobriety contract in place, terminate any session at which Pablo comes in intoxicated. B. Establish long-term sobriety as a treatment goal for Pablo. C. If you have a no secrets policy in place, ask Felix to come for an individual session if Pablo is intoxicated. D. Sign a self-care contract with Pablo that includes the provision that he will attend AA concurrent with couples' counseling. Answer: 1.04 Competence (c) When generally recognized standards do not exist with respect to an emerging area of practice, social workers should exercise careful judgment and take responsible steps (including appropriate education, research, training, consultation, and supervision) to ensure the competence of their work and to protect clients from harm. ================================================== Question: *135. Your 17-year-old client is the head of Parents, Families, and Friends of Lesbians and Gays (PFLAG) group at school. She tells you that some of the students blog about "conversion therapy" and she wants your "expert opinion" so she can share it with her group. If you explain the law prohibiting sexual orientation change therapy, you are: Content Area: Ethics: Business Practices and Policies This question tests your knowledge about informed consent and what you are required to discuss. A. Illegally acting outside of your scope of practice. B. Ethically fulfilling informed consent. C. Ethically working within your scope of competence. D. Ethically managing your counter-transference. Answer: a) When setting fees, social workers should ensure that the fees are fair, reasonable, and commensurate with the services performed. Consideration should be given to clients' ability to pay. B. Social workers should take reasonable steps to avoid abandoning clients who are still in need of services. Social workers should withdraw services precipitously only under unusual circumstances, giving careful consideration to all factors in the situation and taking care to minimize possible adverse effects. Social workers should assist in making appropriate arrangements for continuation of services when necessary. (c) Social workers in fee-for-service settings may terminate services to clients who are not paying an overdue balance if the financial contractual arrangements have been made clear to the client, if the client does not pose an imminent danger to self or others, and if the clinical and other consequences of the current nonpayment have been addressed and discussed with the client. ================================================== Question: *136. In working with a treatment team that consists of a therapist, medical doctor, and a nurse practitioner, the therapist has a release to speak with all of the client's health providers. The therapist should do which of the following to adhere to ethical standards? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to ethically retain confidentiality when working with a team of providers. A. Provide the client with a copy of the release. B. Avoid a dual relationship with any of the health care providers. C. Only share information with those providers that advance the welfare of the client. D. Only share information with those providers if the client is a danger to self or others. Answer: Self- determination Informed consent Preserving professional boundaries Safeguarding confidentiality ================================================== Question: 137. You are seeing a client who has been in therapy before. As you begin your informed consent discussion, she asks you to "skip this part, I have heard it all before. I want to just start telling you what is going on. We are on the 50-minute clock." You tell her that you are required to provide at least the basics of informed consent. Informed consent should include all of the following EXCEPT: Content Area: Ethics: Professional Competence and Preventing Harm. This question tests your knowledge of the elements of informed consent. A. Excerpts of general therapy ethical standards. B. A provisional diagnosis. C. Information regarding the benefits and drawbacks of therapy. D. The expected length of sessions and treatment. Answer: What an ordinary reasonable and prudent professional with the same or similar training would have done under the same or similar circumstances ================================================== Question: 138. Mr. Meltzer saw you for ongoing therapy for eleven months and still has an outstanding balance. You referred him to another therapist for clinical reasons, not related to his debt. He signed a release so that you can forward his record to his new therapist in another city. You proceed to: Content Area: Ethics: Business Practices and Policies This question reviews ethical guidelines and how they relate to patients who leave treatment with an outstanding balance. A. Explain that you will forward his records when he pays the balance. B. Ask his new therapist to collect the balance for you. C. Release the records to a collection agency in order to obtain the balance. D. Send his records as requested. Answer: If parents are the one who consented to therapy they have the right to clinical records ================================================== Question: 139. You are working as an intern at a non-profit agency. Your client of the past year has made substantial progress and the two of you enjoy a close relationship. You are now ready to leave the agency and will not be available to continue treatment with this client. Your ethical responsibility in this case would be to: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to proceed when an interruption or termination of your services will occur. A. Make appropriate referrals. B. Since she knew that you were a registered associate when she started therapy, tell her that this type of termination is part of the licensing process. C. Explain to your client why you cannot continue treatment with her. D. Tell her that you will be able to meet her for coffee now that she is no longer officially your client. Answer: Refers to the right to withhold information from court. Privilege exists to benefit of the client and belongs to the client ================================================== Question: *140. Before accepting a client for telehealth services, what action should the social worker take? Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of the laws that pertain to telehealth. A. Determine the appropriateness of treating a client remotely. B. Determine if the client is a resident of California. C. Describe the risks, such as confidentiality risks, of internet therapy. D. Provide detailed informed consent about the social worker's experience or limits of experience with telehealth. Answer: -Supervision, consultation, TX team meetings, staff meetings --Client waivers --privileged communication --danger to self or others --suspicion of child/elder abuse ---subpoena ================================================== Question: 141. You have been seeing your client, Anne, for seven months, who pays through her insurance company. She goes on vacation for three weeks and calls to schedule her next appointment. You explain to Anne that her insurance takes a long time to reimburse you. You give Anne the option to pay your full fee or to be given several referrals to other therapists. Is this ethically sound? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to proceed with collecting payment. A. Yes, because you are offering her either continued treatment at your usual and customary fee or referrals to other therapists. B. No, because this is financial exploitation and does not demonstrate a clinically sound reason to terminate therapy. C. Yes, because Anne went on an extended vacation thus causing a disruption in treatment. D. No, because you are obligated to take insurance. Answer: therapist obligation to keep information given in the therapeutic relationship free from unauthorized disclosures ================================================== Question: *142. You have been seeing Juan and Lucita, a young unmarried couple, for a few months when they announce that they are expecting a baby for which they do not feel prepared. They want to use the therapy time to discuss their options of having the baby and keeping it, giving it up for adoption, or having an abortion. You have very strong feelings about abortion. You would: Content Area: Ethics: Professional Competence and Preventing Harm. This question assesses your knowledge of handling situations that can potentially conflict with the social worker's values. A. Tell them of your bias. B. Keep your opinions to yourself. C. Tell them you can't help them deal with this crisis because of your strong feelings and refer to another mental health professional. D. Tell them it would be best if they talked to their priest about this matter. Answer: Evidence Code 1010-1027: The legal right not to have confidential communication revealed in a legal setting. Is a rule of evidence that allows one party in a legal proceeding (the client) to limit the admissibility of statements originally communicated in confidence, thus rendering the witness (therapist) incompetent to testify regarding a particular matter ================================================== Question: *143. You, a social worker, and the attorney in your office building agree to work together and make referrals back and forth. You each commit to making three referrals monthly and that the person making the most referrals that actually turn into paying clients over the next three months will "win" a weekend for two in Las Vegas. This arrangement is: Content Area: Law: Legal Standards for Professional Practice. This checks your understanding of business practices regarding paying for referrals. A. Illegal; don't do it. B. A bit unusual perhaps, but not unethical since the "prize" is not expensive and no one is really paying for referrals. C. Likely to have you lose your license if you are reported to an ethics board. D. Questionable at best and unethical since it is close to paying for referrals. Answer: 1. Protection of life 2. Equality and inequality 3. autonomy and freedom 4. least harm 5. quality of life 6. privacy and confidentiality 7. truthfulness and full disclosure ================================================== Question: 144. Greg, age 29, comes in to see you about relationship problems. He has been in a wheelchair for 10 years as a result of a diving accident. After you have been seeing him for several months, he reports that the female nurse that he needs to care for him has made unwanted sexual advances towards him. Legally you: Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question addresses your knowledge of dependent adult abuse. A. Do not need to report the incident because the law does not perceive women to be sexually abusive to adult males. B. Would report the incident to Adult Protective Services immediately. C. Would not report because both individuals are adults. D. Would report by phone to Adult Protective Services within 2 working days. Answer: Report by phone immediately or as soon as possible Written report within 2 working days of receiving information Usually reported to adult protective services or to local law enforcement agency ================================================== Question: 145. You have been seeing a couple for several months. The therapeutic issues have focused on communication and trust. You receive a call from the husband who tells you that he has bought a gun "to protect my family from all of the violence out there." Since his wife is firmly against possessing guns, he has decided not tell her. You would: Content Area: Ethics: Therapeutic Relationship/Services This question involves ethics in application to secrecy in couples therapy. A. Remind him of your no secrets policy and encourage the husband to tell his wife about the phone call and the gun. B. Not bring up the content of the phone call since you've established that he is not intending to hurt his wife or children. This does not constitute a Tarasoff situation. C. Focus on the issue of trust in their marriage which will encourage the husband to tell his wife. D. Inform him that you do not keep secrets. You assume that he wants his wife to know or he would not have told you. Therefore, if he does not tell his wife in the next session, you will inform her of the conversation. Answer: CPS phone call within 24 hours and fax written within 36 hours ================================================== Question: 146. You receive a text from a potential client. She tells you that she got your name from a friend of hers and would like to know "what's involved in getting started with therapy." In response to her, you take a picture of your consent form and fee and send it to her. She responds "K" and asks when she can come for a first session. What is your next legal step? Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of legal fee arrangements. A. Obtain a written agreement about the fees for therapy. B. Obtain written informed consent because "K" is not sufficient. C. Discuss your consent form before she arrives for her first session. D. Tell her that texts are part of her treatment file. Answer: The duty to warn and to protect. If a client reports a threat to others and it is a serious imminent danger the clinician responsibility is to report the threat to victim, law enforcement and do what is in their power to stop client within reason. ================================================== Question: 147. During a session with a couple in their 70's, you notice the man has a bruise on his head, and the woman tearfully admits that she loses her temper and hits him with pots and pans. In clinically managing the legal issue of elder abuse, how would you proceed? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your ability to balance your reporting responsibilities with your clinical need to maintain a safe therapeutic environment. A. Call up an agency designated to take such a report, with the two in the room, arrange for respite care, teach anger management, and create a "no violence plan." B. When the two are not in the room, call up an agency designated to take such a report, follow it up with a written report within 2 working days, create a "no violence plan," and refer to a support group. C. Create a "no violence plan," teach time-outs, arrange for a support group, and if those interventions don't work, call an agency designated to take such a report. D. Call up an agency designated to take such a report, follow it up within two working days with a written report, process feelings of betrayal that may result from breaking the confidence, and create a "no violence plan." Answer: Ewing vs Goldstein and Ewing vs. Northridge medical center --court cases that extended the duty to protect identifiable victims from potential harm to include communication from a third parties (family members) that indicate a possible threat. ================================================== Question: 148. Chong-Wook and Dae-Sup, a Korean-American couple in their mid-thirties who work as computer programmers, come into your office with their six-year-old adopted son, Chin-Hae. Chin-Hae's school counselor referred them to you. During the session, Chin-Hae appears restless and interrupts frequently. Chong-Wook's speech sounds slurred, and he says that he can hardly wait until Chin-Hae is in bed each night so that he can drink some sho-chu to unwind. Chong-Wook tells you that "the fee won't be a problem; the fee is covered under the overall adoption agreement." What are your ethical obligations? Content Area: Ethics: Business Practices and Policies This question tests your knowledge of ethical obligations. A. Determine the family's understanding of the purpose of the therapy and refer for an academic assessment. B. Determine the identified patient and tell Chong-Wook and Dae-Sup the fee before the first session. C. Determine the identified patient and refer to a pediatrician. D. Tell Chong-Wook and Dae-Sup the fee at the first session and explain that you may need to consult with the school counselor and adoption agency. Answer: 1. Client confidentiality 2. informed consent 3. mandate to do no harm as a result of intervention and evaluation activities ================================================== Question: 149. Rhonda, a 22-year-old college student, comes to therapy looking for advice. She says her boyfriend hit her last week and now she knows she should leave him, but it's very hard to do. In the past she has told him she didn't want to see him anymore, but she always gives in when he calls to get together again. She finds herself saying, "just one more time." She hates being alone and ends up seeing him for companionship. At the end of the session, she asks you if therapy is going to be able to help her. What is your next step? Content Area: Ethics: Therapeutic Relationship/Services This question requires that you stay focused on what a client is asking of you. A. Provide a safe holding environment. B. Explain the pros and cons of therapy. C. Join with her concerning her fears. D. Have her join a singles support group. Answer: 1. Research participants must be volunteers 2. Potential participants should be given sufficient information about the study to determine any possible risks or discomforts as well as benefits 3. No harm shall result as a consequence of participation 4. Protection of sensitive information privacy of research is protected ================================================== Question: 150. Your 18-year-old female client Martha tells you that she was molested on many occasions as a child. She tells you that she is now living with her boyfriend so that she doesn't have to stay in the same house where it all happened. She is hoping that a change of scenery is a first step in getting away from her childhood. What would be the most important legal requirement that you would have in such a case? Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of how to proceed in a case of historical child abuse. A. Report the abuse to CPS immediately by phone and follow up with a written report within 36 hours. B. Find out if the abuse has already been reported. C. Explore if the perpetrator still lives in the area. D. Maintain confidentiality. Answer: Service Social Justice Dignity and worth of the person Importance of Human Relationships Integrity Competence ==================================================

Resource Groups Provide Organizations With The Ability

December 5, 2023 Dwayne Morise

Question: Resource groups provide organizations with the ability to manage compliance of Azure resources across multiple subscriptions.
a. No change is needed
b. Management groups
c. Azure policies
d. Azure app service plans
Answer: Management Groups
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Question: Your company plans to migrate to Azure. The company has several departments. All the Azure resources used by each department will be managed by a department administrator. What are the two possible techniques to segment Azure for the departments?
a. Multiple Azure subscriptions
b. Multiple Azure AD directories
c. Multiple Regions
d. Multiple Resource Groups
Answer: a. Multiple subscriptions
d. Multiple resource groups
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Question: You plan to store 20 TB of data in Azure. The data will be accessed infrequently and visualized by using Microsoft Power BI. You need to recommend a storage solution for the data. Which two solutions should you recommend?
a. Azure Data Lake
b. Azure Cosmos DB
c. Azure Synapse Analytics
Answer: a. Azure Data Lake
b. Azure Synapse Analytics
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Question: For each of the following statements, select Yes if the statement is true. Otherwise select no.
a. Azure resources can only access other resources in the same resource group.
b. If you delete a resource group, all the resources in the resource group will be deleted.
c. A resource group can contain resources from multiple Azure regions.
Answer: a. No
b. Yes
c. Yes
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Question: For each of the following statements, select Yes if the statement is true. Otherwise select no.
a. With SaaS, you must apply software updates.
b. With IaaS, you must install the software you want to use.
c. Azure backup is an example of PaaS.
Answer: a. No
b. Yes
c. Yes
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Question: For each of the following statements, select Yes if the statement is true. Otherwise select no.
a. You can create a resource group inside of another resource group.
b. An Azure VM can be in multiple resource groups.
c. A resource group can contain resources from multiple Azure regions.
Answer: a. No
b. No
c. Yes
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Question: For each of the following statements, select Yes if the statement is true. Otherwise select no.
a. Building a data center infrastructure is an example of OpEx costs.
b. Monthly salaries for technical personnel are an example of OpEx costs.
c. Leasing software is an example of OpEx costs.
Answer: a. No
b. Yes
c. Yes
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Question: For each of the following statements, select Yes if the statement is true. Otherwise select no.
a. A PaaS solution that hosts web apps in Azure provides full control of the operating system that host applications.
b. A PaaS solution that hosts web apps in Azure can be provided with additional memory by changing the pricing tier.
c. A PaaS solution that hosts web apps in Azure can be configured automatically to scale the number of instances based on demand.
Answer: a. No
b. Yes
c. Yes
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Question: Match the appropriate term to the statement.
Terms:
-Hybrid Cloud
-Private Cloud
-Public Cloud
Statements:
a. No required capital expenditure
b. Provides complete control over security
c. Provides a choice to use on-premises or cloud-based resources.
Answer: a. Public Cloud
b. Private Cloud
c. Hybrid Cloud
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Question: For each of the following statements, select Yes if the statement is true. Otherwise select no.
a. An Azure subscription can be associated to multiple Azure AD tenants.
b. You can change the Azure AD tenant to which an Azure subscription is associated.
c. When an Azure subscription expires, the associated Azure AD tenant is deleted automatically.
Answer: a. No
b. Yes
c. No
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Question: For each of the following statements, select Yes if the statement is true. Otherwise select no.
a. A company can extend a private cloud by adding its own physical server to the public cloud.
b. To build a hybrid cloud, you must deploy resources to the public cloud.
c. A private cloud must be disconnected from the internet.
Answer: a. No
b. Yes
c. No
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Question: Which Azure service should you use to collect events from multiple resources into a centralized repository?
a. Azure Event Hubs
b. Azure Analysis Service
c. Azure Monitor
d. Azure Stream Analytics
Answer: Azure Event Hubs
==================================================
Question: Which Azure service provides a set of version control tools to manage code?
a. Azure Repos
b. Azure DevTest Labs
c. Azure Storage
d. Azure Cosmos DB
Answer: Azure Repos
==================================================
Question: You have a virtual machine named VM1 that runs Windows server 2016. VM1 is in the East US Azure region. Which Azure service should you use from the Azure portal to view service failure notifications that can affect the availability of VM1?
a. Azure service fabric
b. Azure monitor
c. Azure virtual machines
d. Azure advisor
Answer: Azure Monitor
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Question: Complete the sentence: An Availability Zone in Azure has physically separate locations _______.
a. Across two continents
b. Within a single Azure region
c. Within multiple Azure regions
d. Within a single Azure datacenter
Answer: Within a single Azure region
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Question: Which of the following is an example of IaaS?
-Compute
-Storage
-Networking
-Security
-Management
-Azure Virtual Desktop
-Hybrid Cloud Solutions
-High performance computing
-Windows server on Azure
-Linux on Azure
-SAP on Azure
-Azure VMware solution
Answer: All of them!
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Question: For each of the following statements, select Yes if the statement is true. Otherwise select no.
a. From Azure Service Health, an administrator can view the health of all services in an Azure environment.
b. From Azure Service Health, an administrator can create a rule to be alerted if an Azure service fails.
c. From Azure Service Health, an administrator can prevent a service failure.
Answer: a. Yes
b. Yes
c. No
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Question: You have an Azure environment that contains 10 web apps. To which URL should you connect to manage all the Azure resources?
https://
First Selection: Second Selection:
a. Admin. a. azure.
b. Portal. b. portal.
c. www. c. Microsoft.
d. Azure. d. Azuresites.
.com
Answer: https://portal.azure.com
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Question: You plan to extend your company network to Azure (Note: On-premises to Cloud). The network contains a VPN appliance that uses an IP address of 121.108.100.1. You need to create an Azure resource that defines the VPN appliance in Azure. Which Azure resource should you create first?
a. Services
b. NAT gateways
c. Application gateways
d. Local network gateways
e. On-premises data gateways
f. Azure data box gateway
g. Azure stack edge/Data box gateway
h. Web application firewall policy
Answer: Local Network Gateways
==================================================
Question: Your company plans to move several servers to Azure. The company's compliance policy states that a server named FinServer must be on a separate network segment. You are evaluating which Azure services can be used to meet the compliance policy requirements. Which Azure solution should you recommend?
a. A resource group for FinServer and another resource group for all the other servers.
b. A virtual network for FinServer and another virtual network for all the other servers.
c. A VPN for FinServer and a virtual network gateway for each other server.
d. One resource group for all the servers and a resource lock for FinServer.
Answer: A virtual network for FinServer and another virtual network for all the other servers.
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Question: For each of the following statements, select Yes if the statement is true. Otherwise, select No.
a. Azure PowerShell modules can be installed on MacOS.
b. Azure Cloud Shell can be accessed from a web browser on a Linux computer.
c. The Azure portal can only be accessed from a Windows device.
Answer: a. Yes
b. Yes
c. No
==================================================
Question: For each of the following statements, select Yes if the statement is true. Otherwise select no.
a. All the Azure resources deployed to a resource group must use the same Azure region.
b. If you assign a tag to a resource group, all of the Azure resources in that resource group are assigned to the same tag.
c. If you assign permissions for a user to manage a resource group, the user can manage all the Azure resources in that resource group.
Answer: a. No
b. No
c. Yes
==================================================
Question: A support engineer plans to perform several Azure management tasks by using the Azure CLI. You install the CLI on a computer. You need to tell the support engineer which tools to use to run the CLI. Which two tools should you instruct the support engineer to use?
a. Command prompt
b. Azure resource explorer
c. Windows PowerShell
d. Windows defender firewall
e. Network and sharing center
Answer: a. Command prompt
c. Windows PowerShell
==================================================
Question: You have an Azure environment. You need to create a new Azure VM from a tablet that runs the Android operating system.
Solution: You use PowerShell in Azure cloud shell. Does this meet the goal?
Answer: Yes
==================================================
Question: You have an Azure environment. You need to create a new Azure VM from a tablet that runs the Android operating system.
Solution: You use the PowerApps portal. Does this meet the goal?
Answer: No
==================================================
Question: You have an Azure environment. You need to create a new Azure VM from a tablet that runs the Android operating system.
Solution: You use Bash in the Azure portal. Does this meet the goal?
Answer: Yes
==================================================
Question: You plan to map a network drive from several computers that run Windows 10 to Azure storage. You need to create a storage solution in Azure for the planned mapped drive. What should you create?
a. An Azure SQL database
b. A Virtual Machine data disk
c. A file service in a storage account
d. A Blob service in a storage account
Answer: A file service in a storage account
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Question: Your company plans to start using Azure and will migrate all its network resources to Azure. You need to start the planning process by exploring Azure. What should you create first?
a. A subscription
b. A resource group
c. A virtual network
d. A management group
Answer: A subscription
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Question: Data that is stored in the Archive access tier of an Azure storage account:
a. Can be accessed at any time by using azcopy.exe.
b. Can only be read by using Azure backup
c. Must be restored before the data can be accessed
d. Must be rehydrated before the data can be accessed.
Answer: Must be rehydrated before the data can be accessed.
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Question: ________ Is an Apache Spark-based analytics service.
a. Azure Databricks
b. Azure Data Factory
c. Azure DevOps
d. Azure Synapse Analytics
Answer: Azure Databricks
==================================================
Question: Company ABC uses management groups to manage resources in your Azure tenant more efficiently. They want User-Alpha to manage user access to Azure resources. You need to determine to which role-based access control role User-alpha should be added. Your solution should follow the principle of least privilege. To which role should you add this user?
a. User Access Administrator
b. Owner
c. Management Group Contributer
d. Contributor
Answer: User Access Administrator
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Question: Which Azure service should you use to store certificates?
a. Azure security center
b. An Azure storage account
c. Azure key vault
d. Azure Information Protection
Answer: Azure Key Vault
==================================================
Question: Which service provides serverless computing on Azure?
a. Azure virtual machines
b. Azure functions
c. Azure storage account
d. Azure container instances
Answer: Azure Functions
==================================================
Question: An Azure service is available to the customer when it is in:
a. Private preview
b. Public preview
c. Development
d. An Enterprise agreement subscription
Answer: Public Preview
==================================================
Question: For each of the following statements, select Yes if the statement is true. Otherwise, select No.
a. Data that is stored in an Azure storage account automatically has three copies.
b. All data that is copied to an Azure storage account is backed up automatically to another Azure data center.
c. An Azure storage account can contain up to 2 TB of data and up to one million files.
Answer: a. Yes
b. No
c. No
==================================================
Question: For each of the following statements, select Yes if the statement is true. Otherwise, select No.
a. If you have Azure resources deployed to every region, you can implement availability zones in all the regions.
b. Only virtual machines that run Windows server can be created in availability zones.
c. Availability zones are used to replicate data and applications in multiple regions.
Answer: a. No
b. No
c. No
==================================================
Question: You plan to deploy a critical line-of-business application to Azure. The application will run on an Azure VM. You need to recommend a deployment solution for the application. The solution must provide a guaranteed availability of 99.99%. What is the minimum number of VMs and the minimum number of availability zones you should recommend for the deployment?
Minimum # of virtual machines:
1, 2, 3, 4
Minimum # of availability zones:
1, 2, 3, 4
Answer: Virtual Machines: 2
Availability Zones: 2
==================================================
Question: Your company hosts an accounting application named App1 that is used by all the customers of the company. App1 has low usage during the first 3 weeks of the month and very high usage during the last week of each month. Which benefit of Azure cloud services supports cost management for this type of usage pattern?
a. High availability
b. High latency
c. Elasticity
d. Load balancing
Answer: Elasticity
==================================================
Question: You need to identify which blades in the Azure portal must be used to perform the following tasks: 1) View security recommendations, 2) monitor the health of Azure services, and 3) browse available virtual machine images. Which blade should you identify for each task?
Blade Options
a. Monitor
b. Subscription
c. Market Place
d. Advisor
Answer: 1. Advisor
2. Monitor
3. Market Place
==================================================
Question: For each of the following statements, select Yes if the statement is true. Otherwise, select No.
a. Azure monitor can monitor the performance of on-premises computers.
b. Azure monitor can send alerts to Azure AD security groups.
c. Azure monitor can trigger alerts based on data in an Azure log analytics workspace.
Answer: a. Yes
b. No
c. Yes
==================================================
Question: You need to manage Azure by using Azure Cloud Shell. Which Azure portal icon should you select?
- >
- Book w/ filter
- Bell
- Gear
- ?
- Speech bubble w/ figure

==================================================
Question: For each of the following statements, select Yes if the statement is true. Otherwise, select No.
a. Azure DevOps services allows developers to deploy or update applications to Azure using continuous integration/continuous delivery pipelines.
b. Azure DevOps services includes a Git repository for developers to store code.
c. Azure DevOps services can be used to build and host web apps.
Answer: a. Yes
b. Yes
c. No
==================================================
Question: Match the Azure service to the correct description.
Services:
Azure Advisor, Azure Cognitive Services, Azure Application Insights, Azure DevOps
Descriptions:
a. An integrated solution for the deployment of code.
b. A tool that provides guidance and recommendations to improve an Azure environment
c. A simplified tool to build AI applications
d. Monitors web applications
Answer: a. Azure DevOps
b. Azure Advisor
c. Azure Cognitive Services
d. Azure Application Insights
==================================================
Question: You plan to implement an Azure database solution. You need to implement a database solution that meets the following requirements: 1) Can add data concurrently from multiple regions and 2) Can store JSON documents. Which database service should you deploy?
a. Azure cosmos DB
b. Azure database for MySQL servers
c. Azure database for MariaDB servers
d. SQL data warehouses
e. Data factories
f. Azure database for PostgreSQL servers
g. SQL servers
h. SQL elastic pools
I. SQL managed instances
Answer: Azure Cosmos DB
==================================================
Question: You have an Azure environment that contains multiple Azure VMs. You plan to implement a solution that enables client computers on your on-premises network to communicate to the Azure VMs. You need to recommend which Azure resources must be created for the planned solution. Which 2 Azure resources should you include in the recommendation?
a. A virtual network gateway
b. A load balancer
c. An application gateway
d. A virtual network
e. A gateway subnet
Answer: a. A virtual network gateway
e. A gateway subnet
==================================================
Question: Recommend a tool to automatically send and alert if an administrator stops an Azure virtual machine.
a. Azure logic apps
b. Azure machine learning designer
c. Azure monitor
d. Azure advisor
Answer: Azure Monitor
==================================================
Question: Azure billing is attached on what level?
a. Resource group
b. Azure active directory
c. Azure subscription
Answer: Azure Subscription
==================================================
Question: A common platform for deploying objects to a cloud infrastructure and for implementing consistency across the Azure environment.
a. Azure policies
b. Resource groups
c. Azure resource manager template
d. Management groups
Answer: Azure Resource Manager (ARM) Template
==================================================
Question: You have an Azure environment. You need to create a new Azure virtual machine from a tablet that runs the Android operating system. What are 3 possible solutions?
a. Use Bash in Azure cloud shell
b. Use PowerShell in Azure cloud shell
c. Use the PowerApps portal
d. CMD prompt
e. Use the Azure portal
Answer: a. Use Bash in Azure cloud shell
b. Use PowerShell in Azure cloud shell
e. Use the Azure Portal
==================================================
Question: For each of the following statements, select Yes if the statement is true. Otherwise, select No.
a. From Azure Service Health, an administrator can view the health of all the services in an Azure environment.
b. From Azure Service Health, an administrator can create a rule to be alerted if an Azure service fails.
c. From Azure Service Health, an administrator can prevent a service failure.
Answer: a. Yes
b. Yes
c. No
==================================================
Question: For each of the following statements, select Yes if the statement is true. Otherwise, select No.
a. Azure advisor can generate a list of Azure virtual machines that are not backed up.
b. If you implement the security recommendations provided by Azure advisor, your company's secure score will increase.
c. To maintain Microsoft support you must implement the security recommendations provided by Azure Advisor within a period of 30 days.
Answer: a. Yes
b. Yes
c. No
==================================================
Question: Your company plans to deploy an AI solution in Azure. What should the company use to train and deploy models in Azure Machine Learning?
a. Azure logic apps
b. Azure machine learning designer
c. Azure batch
d. Azure cosmos DB
Answer: Azure Machine Learning Designer
==================================================
Question: You have a web app. You need to manage the settings of the web app from an iPhone. What tool can you use?
a. Linux
b. Azure portal
c. Windows PowerShell
d. Azure storage explorer
Answer: Azure Portal
==================================================
Question: Match the appropriate benefit to its description.
Benefit:
Azure Active Directory
Azure Key Vault
Azure Lighthouse
Azure Security Center
Azure Sentinel
Definition:
a. Analyze security log files from Azure virtual machines.
b. Display the secure score for an Azure subscription.
c. Store passwords for use by Azure function applications.
Answer: a. Azure Sentinel
b. Azure Security Center
c. Azure Key Vault
==================================================
Question: Match the Azure service to the correct description.
Service:
Azure HDInsight
Azure Data Lake Analytics
Azure SQL Synapse Analytics
Azure SQL database
Description:
a. A managed relational cloud database service
b. A cloud-based service that leverages on massively parallel processing (MPP) to quickly run complex queries across petabytes of data in a relational database.
c. Can run massively parallel data transformation and processing programs across petabytes of data.
d. An open source framework for the distributed processing and analysis of big data sets in clusters.
Answer: a. Azure SQL Database
b. Azure SQL Synapse Analytics
c. Azure Data Lake Analytics
d. Azure HDInsight
==================================================
Question:Question: Resource groups provide organizations with the ability to manage compliance of Azure resources across multiple subscriptions. a. No change is needed b. Management groups c. Azure policies d. Azure app service plans Answer: Management Groups ================================================== Question: Your company plans to migrate to Azure. The company has several departments. All the Azure resources used by each department will be managed by a department administrator. What are the two possible techniques to segment Azure for the departments? a. Multiple Azure subscriptions b. Multiple Azure AD directories c. Multiple Regions d. Multiple Resource Groups Answer: a. Multiple subscriptions d. Multiple resource groups ================================================== Question: You plan to store 20 TB of data in Azure. The data will be accessed infrequently and visualized by using Microsoft Power BI. You need to recommend a storage solution for the data. Which two solutions should you recommend? a. Azure Data Lake b. Azure Cosmos DB c. Azure Synapse Analytics Answer: a. Azure Data Lake b. Azure Synapse Analytics ================================================== Question: For each of the following statements, select Yes if the statement is true. Otherwise select no. a. Azure resources can only access other resources in the same resource group. b. If you delete a resource group, all the resources in the resource group will be deleted. c. A resource group can contain resources from multiple Azure regions. Answer: a. No b. Yes c. Yes ================================================== Question: For each of the following statements, select Yes if the statement is true. Otherwise select no. a. With SaaS, you must apply software updates. b. With IaaS, you must install the software you want to use. c. Azure backup is an example of PaaS. Answer: a. No b. Yes c. Yes ================================================== Question: For each of the following statements, select Yes if the statement is true. Otherwise select no. a. You can create a resource group inside of another resource group. b. An Azure VM can be in multiple resource groups. c. A resource group can contain resources from multiple Azure regions. Answer: a. No b. No c. Yes ================================================== Question: For each of the following statements, select Yes if the statement is true. Otherwise select no. a. Building a data center infrastructure is an example of OpEx costs. b. Monthly salaries for technical personnel are an example of OpEx costs. c. Leasing software is an example of OpEx costs. Answer: a. No b. Yes c. Yes ================================================== Question: For each of the following statements, select Yes if the statement is true. Otherwise select no. a. A PaaS solution that hosts web apps in Azure provides full control of the operating system that host applications. b. A PaaS solution that hosts web apps in Azure can be provided with additional memory by changing the pricing tier. c. A PaaS solution that hosts web apps in Azure can be configured automatically to scale the number of instances based on demand. Answer: a. No b. Yes c. Yes ================================================== Question: Match the appropriate term to the statement. Terms: -Hybrid Cloud -Private Cloud -Public Cloud Statements: a. No required capital expenditure b. Provides complete control over security c. Provides a choice to use on-premises or cloud-based resources. Answer: a. Public Cloud b. Private Cloud c. Hybrid Cloud ================================================== Question: For each of the following statements, select Yes if the statement is true. Otherwise select no. a. An Azure subscription can be associated to multiple Azure AD tenants. b. You can change the Azure AD tenant to which an Azure subscription is associated. c. When an Azure subscription expires, the associated Azure AD tenant is deleted automatically. Answer: a. No b. Yes c. No ================================================== Question: For each of the following statements, select Yes if the statement is true. Otherwise select no. a. A company can extend a private cloud by adding its own physical server to the public cloud. b. To build a hybrid cloud, you must deploy resources to the public cloud. c. A private cloud must be disconnected from the internet. Answer: a. No b. Yes c. No ================================================== Question: Which Azure service should you use to collect events from multiple resources into a centralized repository? a. Azure Event Hubs b. Azure Analysis Service c. Azure Monitor d. Azure Stream Analytics Answer: Azure Event Hubs ================================================== Question: Which Azure service provides a set of version control tools to manage code? a. Azure Repos b. Azure DevTest Labs c. Azure Storage d. Azure Cosmos DB Answer: Azure Repos ================================================== Question: You have a virtual machine named VM1 that runs Windows server 2016. VM1 is in the East US Azure region. Which Azure service should you use from the Azure portal to view service failure notifications that can affect the availability of VM1? a. Azure service fabric b. Azure monitor c. Azure virtual machines d. Azure advisor Answer: Azure Monitor ================================================== Question: Complete the sentence: An Availability Zone in Azure has physically separate locations _______. a. Across two continents b. Within a single Azure region c. Within multiple Azure regions d. Within a single Azure datacenter Answer: Within a single Azure region ================================================== Question: Which of the following is an example of IaaS? -Compute -Storage -Networking -Security -Management -Azure Virtual Desktop -Hybrid Cloud Solutions -High performance computing -Windows server on Azure -Linux on Azure -SAP on Azure -Azure VMware solution Answer: All of them! ================================================== Question: For each of the following statements, select Yes if the statement is true. Otherwise select no. a. From Azure Service Health, an administrator can view the health of all services in an Azure environment. b. From Azure Service Health, an administrator can create a rule to be alerted if an Azure service fails. c. From Azure Service Health, an administrator can prevent a service failure. Answer: a. Yes b. Yes c. No ================================================== Question: You have an Azure environment that contains 10 web apps. To which URL should you connect to manage all the Azure resources? https:// First Selection: Second Selection: a. Admin. a. azure. b. Portal. b. portal. c. www. c. Microsoft. d. Azure. d. Azuresites. .com Answer: https://portal.azure.com ================================================== Question: You plan to extend your company network to Azure (Note: On-premises to Cloud). The network contains a VPN appliance that uses an IP address of 121.108.100.1. You need to create an Azure resource that defines the VPN appliance in Azure. Which Azure resource should you create first? a. Services b. NAT gateways c. Application gateways d. Local network gateways e. On-premises data gateways f. Azure data box gateway g. Azure stack edge/Data box gateway h. Web application firewall policy Answer: Local Network Gateways ================================================== Question: Your company plans to move several servers to Azure. The company's compliance policy states that a server named FinServer must be on a separate network segment. You are evaluating which Azure services can be used to meet the compliance policy requirements. Which Azure solution should you recommend? a. A resource group for FinServer and another resource group for all the other servers. b. A virtual network for FinServer and another virtual network for all the other servers. c. A VPN for FinServer and a virtual network gateway for each other server. d. One resource group for all the servers and a resource lock for FinServer. Answer: A virtual network for FinServer and another virtual network for all the other servers. ================================================== Question: For each of the following statements, select Yes if the statement is true. Otherwise, select No. a. Azure PowerShell modules can be installed on MacOS. b. Azure Cloud Shell can be accessed from a web browser on a Linux computer. c. The Azure portal can only be accessed from a Windows device. Answer: a. Yes b. Yes c. No ================================================== Question: For each of the following statements, select Yes if the statement is true. Otherwise select no. a. All the Azure resources deployed to a resource group must use the same Azure region. b. If you assign a tag to a resource group, all of the Azure resources in that resource group are assigned to the same tag. c. If you assign permissions for a user to manage a resource group, the user can manage all the Azure resources in that resource group. Answer: a. No b. No c. Yes ================================================== Question: A support engineer plans to perform several Azure management tasks by using the Azure CLI. You install the CLI on a computer. You need to tell the support engineer which tools to use to run the CLI. Which two tools should you instruct the support engineer to use? a. Command prompt b. Azure resource explorer c. Windows PowerShell d. Windows defender firewall e. Network and sharing center Answer: a. Command prompt c. Windows PowerShell ================================================== Question: You have an Azure environment. You need to create a new Azure VM from a tablet that runs the Android operating system. Solution: You use PowerShell in Azure cloud shell. Does this meet the goal? Answer: Yes ================================================== Question: You have an Azure environment. You need to create a new Azure VM from a tablet that runs the Android operating system. Solution: You use the PowerApps portal. Does this meet the goal? Answer: No ================================================== Question: You have an Azure environment. You need to create a new Azure VM from a tablet that runs the Android operating system. Solution: You use Bash in the Azure portal. Does this meet the goal? Answer: Yes ================================================== Question: You plan to map a network drive from several computers that run Windows 10 to Azure storage. You need to create a storage solution in Azure for the planned mapped drive. What should you create? a. An Azure SQL database b. A Virtual Machine data disk c. A file service in a storage account d. A Blob service in a storage account Answer: A file service in a storage account ================================================== Question: Your company plans to start using Azure and will migrate all its network resources to Azure. You need to start the planning process by exploring Azure. What should you create first? a. A subscription b. A resource group c. A virtual network d. A management group Answer: A subscription ================================================== Question: Data that is stored in the Archive access tier of an Azure storage account: a. Can be accessed at any time by using azcopy.exe. b. Can only be read by using Azure backup c. Must be restored before the data can be accessed d. Must be rehydrated before the data can be accessed. Answer: Must be rehydrated before the data can be accessed. ================================================== Question: ________ Is an Apache Spark-based analytics service. a. Azure Databricks b. Azure Data Factory c. Azure DevOps d. Azure Synapse Analytics Answer: Azure Databricks ================================================== Question: Company ABC uses management groups to manage resources in your Azure tenant more efficiently. They want User-Alpha to manage user access to Azure resources. You need to determine to which role-based access control role User-alpha should be added. Your solution should follow the principle of least privilege. To which role should you add this user? a. User Access Administrator b. Owner c. Management Group Contributer d. Contributor Answer: User Access Administrator ================================================== Question: Which Azure service should you use to store certificates? a. Azure security center b. An Azure storage account c. Azure key vault d. Azure Information Protection Answer: Azure Key Vault ================================================== Question: Which service provides serverless computing on Azure? a. Azure virtual machines b. Azure functions c. Azure storage account d. Azure container instances Answer: Azure Functions ================================================== Question: An Azure service is available to the customer when it is in: a. Private preview b. Public preview c. Development d. An Enterprise agreement subscription Answer: Public Preview ================================================== Question: For each of the following statements, select Yes if the statement is true. Otherwise, select No. a. Data that is stored in an Azure storage account automatically has three copies. b. All data that is copied to an Azure storage account is backed up automatically to another Azure data center. c. An Azure storage account can contain up to 2 TB of data and up to one million files. Answer: a. Yes b. No c. No ================================================== Question: For each of the following statements, select Yes if the statement is true. Otherwise, select No. a. If you have Azure resources deployed to every region, you can implement availability zones in all the regions. b. Only virtual machines that run Windows server can be created in availability zones. c. Availability zones are used to replicate data and applications in multiple regions. Answer: a. No b. No c. No ================================================== Question: You plan to deploy a critical line-of-business application to Azure. The application will run on an Azure VM. You need to recommend a deployment solution for the application. The solution must provide a guaranteed availability of 99.99%. What is the minimum number of VMs and the minimum number of availability zones you should recommend for the deployment? Minimum # of virtual machines: 1, 2, 3, 4 Minimum # of availability zones: 1, 2, 3, 4 Answer: Virtual Machines: 2 Availability Zones: 2 ================================================== Question: Your company hosts an accounting application named App1 that is used by all the customers of the company. App1 has low usage during the first 3 weeks of the month and very high usage during the last week of each month. Which benefit of Azure cloud services supports cost management for this type of usage pattern? a. High availability b. High latency c. Elasticity d. Load balancing Answer: Elasticity ================================================== Question: You need to identify which blades in the Azure portal must be used to perform the following tasks: 1) View security recommendations, 2) monitor the health of Azure services, and 3) browse available virtual machine images. Which blade should you identify for each task? Blade Options a. Monitor b. Subscription c. Market Place d. Advisor Answer: 1. Advisor 2. Monitor 3. Market Place ================================================== Question: For each of the following statements, select Yes if the statement is true. Otherwise, select No. a. Azure monitor can monitor the performance of on-premises computers. b. Azure monitor can send alerts to Azure AD security groups. c. Azure monitor can trigger alerts based on data in an Azure log analytics workspace. Answer: a. Yes b. No c. Yes ================================================== Question: You need to manage Azure by using Azure Cloud Shell. Which Azure portal icon should you select? - >_ - Book w/ filter - Bell - Gear - ? - Speech bubble w/ figure Answer: >_ ================================================== Question: For each of the following statements, select Yes if the statement is true. Otherwise, select No. a. Azure DevOps services allows developers to deploy or update applications to Azure using continuous integration/continuous delivery pipelines. b. Azure DevOps services includes a Git repository for developers to store code. c. Azure DevOps services can be used to build and host web apps. Answer: a. Yes b. Yes c. No ================================================== Question: Match the Azure service to the correct description. Services: Azure Advisor, Azure Cognitive Services, Azure Application Insights, Azure DevOps Descriptions: a. An integrated solution for the deployment of code. b. A tool that provides guidance and recommendations to improve an Azure environment c. A simplified tool to build AI applications d. Monitors web applications Answer: a. Azure DevOps b. Azure Advisor c. Azure Cognitive Services d. Azure Application Insights ================================================== Question: You plan to implement an Azure database solution. You need to implement a database solution that meets the following requirements: 1) Can add data concurrently from multiple regions and 2) Can store JSON documents. Which database service should you deploy? a. Azure cosmos DB b. Azure database for MySQL servers c. Azure database for MariaDB servers d. SQL data warehouses e. Data factories f. Azure database for PostgreSQL servers g. SQL servers h. SQL elastic pools I. SQL managed instances Answer: Azure Cosmos DB ================================================== Question: You have an Azure environment that contains multiple Azure VMs. You plan to implement a solution that enables client computers on your on-premises network to communicate to the Azure VMs. You need to recommend which Azure resources must be created for the planned solution. Which 2 Azure resources should you include in the recommendation? a. A virtual network gateway b. A load balancer c. An application gateway d. A virtual network e. A gateway subnet Answer: a. A virtual network gateway e. A gateway subnet ================================================== Question: Recommend a tool to automatically send and alert if an administrator stops an Azure virtual machine. a. Azure logic apps b. Azure machine learning designer c. Azure monitor d. Azure advisor Answer: Azure Monitor ================================================== Question: Azure billing is attached on what level? a. Resource group b. Azure active directory c. Azure subscription Answer: Azure Subscription ================================================== Question: A common platform for deploying objects to a cloud infrastructure and for implementing consistency across the Azure environment. a. Azure policies b. Resource groups c. Azure resource manager template d. Management groups Answer: Azure Resource Manager (ARM) Template ================================================== Question: You have an Azure environment. You need to create a new Azure virtual machine from a tablet that runs the Android operating system. What are 3 possible solutions? a. Use Bash in Azure cloud shell b. Use PowerShell in Azure cloud shell c. Use the PowerApps portal d. CMD prompt e. Use the Azure portal Answer: a. Use Bash in Azure cloud shell b. Use PowerShell in Azure cloud shell e. Use the Azure Portal ================================================== Question: For each of the following statements, select Yes if the statement is true. Otherwise, select No. a. From Azure Service Health, an administrator can view the health of all the services in an Azure environment. b. From Azure Service Health, an administrator can create a rule to be alerted if an Azure service fails. c. From Azure Service Health, an administrator can prevent a service failure. Answer: a. Yes b. Yes c. No ================================================== Question: For each of the following statements, select Yes if the statement is true. Otherwise, select No. a. Azure advisor can generate a list of Azure virtual machines that are not backed up. b. If you implement the security recommendations provided by Azure advisor, your company's secure score will increase. c. To maintain Microsoft support you must implement the security recommendations provided by Azure Advisor within a period of 30 days. Answer: a. Yes b. Yes c. No ================================================== Question: Your company plans to deploy an AI solution in Azure. What should the company use to train and deploy models in Azure Machine Learning? a. Azure logic apps b. Azure machine learning designer c. Azure batch d. Azure cosmos DB Answer: Azure Machine Learning Designer ================================================== Question: You have a web app. You need to manage the settings of the web app from an iPhone. What tool can you use? a. Linux b. Azure portal c. Windows PowerShell d. Azure storage explorer Answer: Azure Portal ================================================== Question: Match the appropriate benefit to its description. Benefit: Azure Active Directory Azure Key Vault Azure Lighthouse Azure Security Center Azure Sentinel Definition: a. Analyze security log files from Azure virtual machines. b. Display the secure score for an Azure subscription. c. Store passwords for use by Azure function applications. Answer: a. Azure Sentinel b. Azure Security Center c. Azure Key Vault ================================================== Question: Match the Azure service to the correct description. Service: Azure HDInsight Azure Data Lake Analytics Azure SQL Synapse Analytics Azure SQL database Description: a. A managed relational cloud database service b. A cloud-based service that leverages on massively parallel processing (MPP) to quickly run complex queries across petabytes of data in a relational database. c. Can run massively parallel data transformation and processing programs across petabytes of data. d. An open source framework for the distributed processing and analysis of big data sets in clusters. Answer: a. Azure SQL Database b. Azure SQL Synapse Analytics c. Azure Data Lake Analytics d. Azure HDInsight ==================================================

Characteristics Of Qualitative Research

December 5, 2023 Dwayne Morise

Question: Naturalistic inquiry
Answer: Studying real world situations as they unfold naturally; nonmanipulative and controlling; opennes to whatever emerges
==================================================
Question: Emergent design flexibility
Answer: Openness to adapting inquiry as understanding deepens and or situations change; research avoids getting locked into rigid design
==================================================
Question: Purposeful sampling
Answer: Cases dos study selected because they are information rich and offer useful manifestations of the phenomenon of interest
==================================================
Question: Qualitative data
Answer: Observations that yield detailed description about people's personal perspectives and experiences
==================================================
Question: Personal experience and engagement
Answer: The researcher has direct contact with and gets close se to the people, situation and phenomenon
==================================================
Question: Emphatic neutrality and mindfulness
Answer: An empathic stance in interviewing seeks vicarious understanding without judgement by showing openness, sensitivity respect, awareness and responsiveness ( being fully present)
==================================================
Question: Dynamic systems
Answer: Attention to process; assumes change as on going wether focus is on an individual or an entire culture
==================================================
Question: Unique case orientation
Answer: Assumptions that each case is unique and special
==================================================
Question: Inductive analysis and creative synthesis
Answer: Immersion in the details and specific data to discover important data, patterns, themes and interrelationships
==================================================
Question: Holistic perspective
Answer: The whole phenomenon under study is understood as a complex system that is more than the sum of its parts
==================================================
Question: Context sensitivity
Answer: Places findings in a social , historical and temporal context
==================================================
Question: Voice perspective and reflexivity
Answer: Balance understanding and depicting the world authentically in all its complexity while being self analytical
==================================================
Question: Naturalistic inquiry Answer: Studying real world situations as they unfold naturally; nonmanipulative and controlling; opennes to whatever emerges ================================================== Question: Emergent design flexibility Answer: Openness to adapting inquiry as understanding deepens and or situations change; research avoids getting locked into rigid design ================================================== Question: Purposeful sampling Answer: Cases dos study selected because they are information rich and offer useful manifestations of the phenomenon of interest ================================================== Question: Qualitative data Answer: Observations that yield detailed description about people's personal perspectives and experiences ================================================== Question: Personal experience and engagement Answer: The researcher has direct contact with and gets close se to the people, situation and phenomenon ================================================== Question: Emphatic neutrality and mindfulness Answer: An empathic stance in interviewing seeks vicarious understanding without judgement by showing openness, sensitivity respect, awareness and responsiveness ( being fully present) ================================================== Question: Dynamic systems Answer: Attention to process; assumes change as on going wether focus is on an individual or an entire culture ================================================== Question: Unique case orientation Answer: Assumptions that each case is unique and special ================================================== Question: Inductive analysis and creative synthesis Answer: Immersion in the details and specific data to discover important data, patterns, themes and interrelationships ================================================== Question: Holistic perspective Answer: The whole phenomenon under study is understood as a complex system that is more than the sum of its parts ================================================== Question: Context sensitivity Answer: Places findings in a social , historical and temporal context ================================================== Question: Voice perspective and reflexivity Answer: Balance understanding and depicting the world authentically in all its complexity while being self analytical ==================================================