- 42 Code of Federal Regulations, Part 2 deals with:
a. ethical mandates for AOD treatment providers
b. confidentiality in AOD treatment programs
c. patient rights in AOD treatment programs
d. the maintenance of patients records and treatment plans
b
- Which of the following mental health professionals may not covered by 42 CFR?
a. a psychiatrist working in a private rehabilitation facility for traumatic brain injury patients
b. a research psychologist at a university who is interviewing recovering cocaine addicts
c. a counselor for a company who does contract work for the U.S. Department of Defense
d. a licensed clinical social worker in private practice who accepts Medicaid
a
- What of the following best describes the general rule of 42 CFR regarding the release of identifying information on individuals who receive services from an alcohol or other drug treatment program?
a. the release of such information is prohibited
b. the release of such information is prohibited except to law enforcement personnel during the investigation of a felony
c. the release of such information is prohibited except in the case of patients with HIV disease
d. the release of such information is prohibited except in the case of a subpoena
a
- You are a school counselor and have been working with a student named Sam as part of an aftercare program. A teacher’s aid comes to you and says, “I heard Sam was in drug rehab. I’m a recovering alcoholic and think I could help Sam. Was he in rehab? You should say:
a. “Let me talk to Sam and I’ll tell him you’re available”
b. “I’m uncomfortable talking about those kinds of things regarding my students.”
c. “Since you work with Sam, you have a “need to know” about his situation.”
d. “Federal law prohibits me from discussing anything about Sam’s treatment.”
b
- Which of the following is not true regarding written consent for disclosure of patient identifying information
a. the recipient of the information must agree to not redisclose
b. patients in methadone programs must agree to disclose to a central registry
c. written consent is always revocable, except in the case of clients ordered to treatment by the criminal justice system
d. in the case of minors in treatment, parental consent is necessary for disclosure
d
- Which of the following is not an exception to the General Rule regarding disclosure?
a. communication between staff within an organization if such communication is necessary to provide services
b. medical emergencies
c. subpoena from law enforcement in the investigation of capital crimes
d. an audit by the state
c
- Which of the following is not an exception to the General Rule regarding disclosure
a. disclosure to a Qualified Services Organization Agreement
b. the use of alcohol or other drugs by a pregnant woman
c. a court order
d. crimes committed against program staff
b
- A client you have seen for AOD assessment admits to having committed a series of unsolved rapes. You wish to report these crimes. According to the text, you could
a. simply report the crimes since it is a violent felony
b. report the crimes without identifying the client as receiving AOD services
c. report the crimes without identifying the client as an alcohol and drug client, if the disclosure does not violate state privileged communication law
d. not report the crime since 42 CFR Part 2 prohibits such reports unless the crime was committed against program staff
c
- In situations where state and federal laws regarding confidentiality of AOD patient information are in conflict, mental health professionals should:
a. follow federal laws
b. follow state laws
c. use professional judgment
d. follow federal law, unless state law is more restrictive
d
- You are providing relapse prevention services to a client. The client tells you that he is going to kill his former wife. You believe the client is serious. According to the text, you should
a. warn the potential victim without identifying the client as receiving alcohol or other drug services
b. unfortunately, you cannot warn the potential victim because it would violate the provisions of 42 CFR Part 2
c. immediately call the police since 42 CFR Part 2 provides an exception to the prohibition against disclosure in the case of a danger such as this
d. immediately call the police, but do not identify the client as receiving alcohol or other drug services
a
- According to the text, which of the following is not a possible solution to the problem of reporting that an AOD client is HIV positive
a. anonymous reporting
b. written consent of client
c. medical emergency exception to disclosure
d. establish a Qualified Services Organization Agreement with the local public health authority
c
- In the cases where 42 CFR Part 2 and HIPAA overlap, mental health professionals should follow:
a. 42 CFR Part 2
b. HIPAA
c. the most restrictive law
d. state law
c
- Which of the following is not a situation in which employers can conduct drug testing of employees:
a. suspicion that the employee has been negligent on the job
b. prior to offering a job to a prospective employee
c. without cause if the employee is in a position of safety or security sensitivity
d. following an accident if the employer has a drug testing policy
a
- Which of the following is not one of the guidelines recommended in the text for documenting client progress
a. make notes as objective and factual as possible
b. avoid jargon
c. reference reports of actual, as opposed to suspected child abuse
d. document suicide threats or attempts
c
- A licensed clinical psychologist is seeing a couple for family therapy. The psychologist has become quite concerned about the husband’s alcohol use. The ethical action would be:
a. refer the husband to an inpatient AOD treatment program
b. conduct psychological testing and determine a course of action
c. continue with therapy and refer the husband for an assessment when therapy is completed
d. refer the husband for an AOD assessment unless the psychologist has been trained to conduct such an assessment
d
- You have been working with a client for one year. Initially, the client used cocaine on an occasional basis but his use has escalated and is now clearly a problem. The only treatment program in the area is a Minnesota Model program and you do not believe in the disease concept. The ethical course of action would be:
a. refer the client to someone who believes in the disease concept
b. find out the nearest alternative program and tell the client the advantages and disadvantages of each in an objective manner
c. keep trying to work with the client
d. terminate the client
b
- You are a school counselor and are working with a young man at school as part of his aftercare program. You have a valid written consent to communicate with the student’s probation officer. The student tells you that he thinks he might be gay. When the probation officer calls you to discuss this student, should you tell the probation officer this information?
a. only if the disclosure is in the best interests of the client
b. only if the probation officer inquires about the student’s sexual orientation
c. because this is a criminal justice situation, all information must be disclosed
d. federal law prohibits the disclosure of information related to sexual orientation
a
- You are a licensed clinical social worker in private practice. Does 42 CFR Part 2 apply?
a. yes, if you accept Medicaid
b. yes, if you provide diagnosis, treatment or referral services for AOD clients and consult with the state welfare department
c. yes, if you provide diagnosis, treatment, or referral services for AOD clients and provide employee assistance program services
d. yes, if you provide any type of mental health services and have tax exempt status
a
