101PD SAMPLEChapter 1 — Confidentiality, Privilege, and Consent (12 of 75 Q) High-yield review. Full doctrine: Treatise Ch. 1. Practice material — not affiliated with the BBS, Pearson VUE, or the ACA. §1.0 The exam frame - 75 Q / 90 min; 50 scored + 25 unscored pretest (invisible); pass/fail; fail → 90-day wait; $150/attempt; Pearson VUE. APCCs must attempt each renewal cycle until passed — attempt, not pass, preserves renewal. - 2024 plan (shared, all three BBS professions): 1A 16 · 1B 16 · 1C 12 · 2A 16 · 2B 24 · 2C 16. Ethics source: ACA Code (2014); statutes control legal questions. - Read the call: "must" (statute) ≠ "should" (ACA) ≠ "first" (assess/least-restrictive) ≠ "best" (client-protective survivor). §1.1 APCC disclosures and fees - BPC §4999.36: before ANY professional services, written disclosure of (1) associate/ trainee status, (2) employer's name, (3) under licensed supervision. All three; personal duty. - No direct client payment to an APCC — fees run through the employer. Client hands the associate a check → the fee rule, not gratitude. - Title accuracy: "LPCC"/"professional clinical counselor" protected; APCC never advertises as licensed; supervisor identified where required. §1.2 Informed consent - A process, not a signature: services, risks/benefits, alternatives, fees, confidentiality limits, supervision status, telehealth specifics, records practices. Revisit at every material change (modality, fees, format). - Capacity + knowledge + voluntariness; interpreters and teach-back for comprehension; documented. - Consent never waives mandated reporting and never authorizes unlawful acts. §1.3 Minors - H&S §124260: minor 12+ and mature enough to participate intelligently → may consent to outpatient mental health treatment. No danger element. - Fam C §6924: 12+, mature, plus danger to self/others or alleged incest/abuse victim. - Both statutes: involve parent/guardian unless documented inappropriate. - Stem sorter: ordinary anxiety, mature 14-year-old → 124260. Danger/abuse language → 6924. §1.4 Confidentiality and CMIA - Default: everything the client reveals in the professional relationship is confidential — breach only through consent or a recognized exception. - CMIA (Civ C §56 et seq.): no disclosure without a valid authorization — signed, dated, specific recipient/content/use, expiration. Generic releases fail. - Remedies bite without proven loss: nominal statutory damages + administrative penalties. - Minimum-necessary is the master principle: disclose the least that the purpose requires. §1.5 Privilege (Ev C §§1010–1027) - Psychotherapist–patient privilege: the client holds it; the counselor claims it for the client whenever records/testimony are sought. - Key exceptions: patient-litigant (client puts their condition at issue), court-ordered examination (told in advance = no privilege), dangerous-patient, crime/tort furtherance. - Privilege is a courtroom doctrine; confidentiality is the everyday duty — exam stems swap them. §1.6 Subpoenas vs court orders - Attorney-issued subpoena alone ≠ authorization: assert privilege, notify the client and their counsel, object; produce only on valid authorization or a judge's order. - Ignoring a subpoena risks contempt; the credited middle path is formal objection + judicial resolution. Opposing counsel's litigation need creates no right. §1.7 Records access (H&S §§123110, 123130) - Inspect: 5 working days of written