101PD SAMPLEChapter 1 — Consent, Confidentiality, and Privilege (12 of 75 Q) High-yield review. Full doctrine: Treatise Ch. 1. Practice material — not affiliated with the BBS or Pearson VUE. §1.0 The exam frame - 75 Q / 90 min; 50 scored + 25 unscored pretest; pass/fail; fail = numeric score + 90-day wait; $150/attempt to BBS; Pearson VUE. AMFTs: take each renewal year until passed. - Plan: Law 44 (1A 16 · 1B 16 · 1C 12) + Ethics 56 (2A 16 · 2B 24 · 2C 16). - Read the call: "legally required" ≠ "ethically required" ≠ "best/first." Must beats good practice. §1.1 Pre-treatment disclosures - Fees + basis before treatment (§4982(n)). Changes = re-disclose. - AMFT triple disclosure before services: unlicensed + supervised + supervisor name (§4980.44). Ads add: full title, registration #, supervisor, supervised status (16 CCR §1811). - BBS consumer notice (§4980.55/16 CCR §1810); fictitious-name ownership before treatment (§4980.46); no recording without all-party consent (Pen C §632). §1.2 Informed consent - Capacity + knowledge + voluntariness, documented; revisited at material changes (new modality, added members, recording, observation, research). - Unit-specific: each competent adult consents; clarify who the client is. - Consent never authorizes unlawful acts and never waives mandated reporting. §1.3 Minors - Default: parent with legal custody/guardian; joint legal custody → either parent unless order requires both; caregiver affidavit (Fam C §6550) = school/medical; emancipated (§7002) = adult. - Fam C §6924: 12+, mature, plus danger to self/others OR abuse/incest victim. - H&S §124260: 12+, mature — no danger element. Includes LMFT/AMFT/trainee. - Both: involve parents unless inappropriate (consult minor; document). Parents not liable for fees unless participating. - Self-consented care → minor holds records/authorization rights. Parent-consented care → parent access subject to detriment denial (H&S §123115(a)(2)). §1.4 Confidentiality (CMIA) - Civil Code §56 et seq.; breach = §4982(m) + civil liability. Fact of treatment is itself confidential. - §56.11 authorization: 14-point type or handwritten, separate document, specific uses/recipients, expiration, revocable, copy to signer. - Conjoint records: every adult participant signs. Individual disclosures inside couple/ family work → follow the written secrets policy set at intake. - Group: member confidentiality agreements; members not legally bound like the therapist. - Collaterals are not clients. Death → personal representative holds rights. §1.5 Privilege (Evid C §§1010–1015) - Courtroom face of confidentiality (§1014). Psychotherapist includes AMFTs/trainees (§1010). Patient = anyone consulting for diagnosis/treatment (§1011), intake included. - §1012: third parties furthering the patient's interest (conjoint members, interpreters) don't destroy privilege. - Patient holds (§1013); therapist must claim when present (§1015). Waiver = holder's voluntary disclosure/consent (§912); one spouse's waiver ≠ the other's. - Deceased → personal representative. §1.6 Records - Inspect: 5 working days. Copies: 15 days, ≤$0.25/page ($0.50 microfilm). Summary option: 10 working days (→30 with notice) (H&S §123110/§123130). - Addendum: 250 words (§123111). Never withheld for unpaid bills. - Mental-health refusal: substantial risk of significant adverse consequences — document; offer inspection via licensed professional of client's choice (§123115(b)). - Retention: 7 years from termination; minors 7