CIP Legal & Confidentiality Issues in Intervention 2 — Questions and Answers
Question 1: An intervention client is deemed unable to make informed decisions due to severe intoxication. Which legal mechanism allows a family member to make immediate health care decisions on behalf of an incapacitated adult?
- Healthcare proxy or durable power of attorney for health care (Correct answer)
- A standard property power of attorney
- A notarized letter from the family requesting authority
- Verbal agreement witnessed by two family members
Correct answer: Healthcare proxy or durable power of attorney for health care
A healthcare proxy or durable power of attorney for health care is the legal document that designates someone to make medical decisions for an incapacitated person.
Question 2: Criteria for involuntary psychiatric commitment (civil commitment) in most U.S. states typically require that the individual:
- Is mentally ill AND presents an imminent danger to self or others, or is gravely disabled (Correct answer)
- Has a history of substance use disorder without any psychiatric diagnosis
- Refuses treatment voluntarily offered by family members
- Has missed more than three scheduled outpatient appointments
Correct answer: Is mentally ill AND presents an imminent danger to self or others, or is gravely disabled
Civil commitment statutes generally require proof of mental illness combined with imminent dangerousness to self or others, or grave disability preventing self-care.
Question 3: A CIP professional discovers that a client's employer is requesting confirmation that the client is enrolled in treatment as a condition of keeping their job. Under 42 CFR Part 2, the appropriate response is to:
- Release confirmation only if the client provides written consent that specifically authorizes disclosure to the employer (Correct answer)
- Confirm enrollment because employment matters are exempt from 42 CFR Part 2 protections
- Release a general summary without identifying the client by name
- Contact the employer directly to negotiate the disclosure terms
Correct answer: Release confirmation only if the client provides written consent that specifically authorizes disclosure to the employer
Under 42 CFR Part 2, any disclosure to an employer requires explicit written patient consent that names the employer as the recipient and describes the information to be shared.
Question 4: The Americans with Disabilities Act (ADA) protects individuals in recovery from addiction. Which of the following individuals is generally NOT protected under the ADA's addiction provisions?
- A person currently engaging in the illegal use of drugs (Correct answer)
- A person who successfully completed a supervised drug rehabilitation program
- A person incorrectly regarded as engaging in illegal drug use
- A person in recovery who is no longer using illegal drugs
Correct answer: A person currently engaging in the illegal use of drugs
The ADA explicitly excludes individuals who are currently engaging in the illegal use of drugs from its protections, though those in recovery or erroneously regarded as using drugs are protected.
Question 5: Court-ordered treatment (also called legally coerced treatment) for substance use disorders is considered ethically acceptable in CIP practice primarily because:
- Research shows outcomes for court-ordered treatment can be comparable to voluntary treatment (Correct answer)
- It completely eliminates the need for the client's informed consent
- The legal system has full authority over all treatment decisions
- Family members legally transfer decision-making rights to the courts
Correct answer: Research shows outcomes for court-ordered treatment can be comparable to voluntary treatment
Studies indicate that individuals in court-mandated substance use treatment can achieve outcomes similar to those in voluntary treatment, supporting the ethical use of legal leverage.
Question 6: Which of the following describes the primary purpose of FERPA (Family Educational Rights and Privacy Act) in the context of a CIP intervention involving a college student?
- It restricts disclosure of the student's educational records without the student's written consent (Correct answer)
- It grants parents automatic access to all records of their college-age child
- It mandates that colleges report all substance use incidents to law enforcement
- It requires colleges to provide substance use treatment on campus
Correct answer: It restricts disclosure of the student's educational records without the student's written consent
FERPA protects the privacy of student education records and, once a student reaches age 18 or attends a postsecondary institution, transfers record rights from parents to the student.
Question 7: In most states, an emergency psychiatric hold (such as a 5150 in California or Baker Act in Florida) allows law enforcement or certain mental health professionals to detain someone for evaluation for a typical maximum of:
- 72 hours (Correct answer)
- 24 hours
- 7 days
- 30 days
Correct answer: 72 hours
Most state emergency involuntary hold statutes allow an initial detention period of 72 hours for psychiatric evaluation before a formal commitment hearing is required.
CIP Legal & Confidentiality Issues in Intervention 2
An intervention client is deemed unable to make informed decisions due to severe intoxication.
Which legal mechanism allows a family member to make immediate health care decisions on behalf of an incapacitated adult?