CLEE Informed Consent 1 — Questions and Answers
Question 1: Which of the following is an essential element of valid informed consent for psychotherapy in California?
- The client's signature on a standard form is sufficient without explanation
- Disclosure of the nature of treatment, risks, benefits, alternatives, and the client's right to withdraw (Correct answer)
- Verbal agreement only is sufficient for informed consent
- Consent given by the therapist on behalf of a client who seems reluctant
Correct answer: Disclosure of the nature of treatment, risks, benefits, alternatives, and the client's right to withdraw
Valid informed consent requires the client to understand the nature of treatment, its risks and benefits, available alternatives, and that they may withdraw consent at any time.
Question 2: Under California law, what must a therapist's initial disclosure statement include?
- Only the therapist's fee schedule and cancellation policy
- License type and number, educational background, therapeutic approach, and limits of confidentiality (Correct answer)
- Only the HIPAA Notice of Privacy Practices
- Insurance panel participation and billing procedures only
Correct answer: License type and number, educational background, therapeutic approach, and limits of confidentiality
California Business and Professions Code §4980.54 requires disclosure statements to include license information, education, therapeutic approach, and confidentiality limits.
Question 3: A client who has signed an informed consent form later states they did not understand what they agreed to. The therapist's responsibility is to:
- Remind the client they signed the form and the matter is settled
- Revisit the consent information, answer questions, and ensure true understanding (Correct answer)
- Have the client sign a second form acknowledging the original
- Note the client's statement in the chart and continue treatment unchanged
Correct answer: Revisit the consent information, answer questions, and ensure true understanding
Informed consent is an ongoing process; therapists must ensure that clients genuinely understand the information throughout the treatment relationship.
Question 4: Which of the following clients may NOT provide their own informed consent for outpatient therapy under California law?
- A 14-year-old minor seeking treatment for sexual assault (Correct answer)
- A 30-year-old adult with mild depression
- A 12-year-old consenting to treatment per Family Code §6924
- An emancipated minor aged 16
Correct answer: A 14-year-old minor seeking treatment for sexual assault
A 14-year-old is generally not able to independently consent unless they qualify under Family Code §6924, are emancipated, or meet another exception — but sexual assault victims aged 12+ can consent under specific provisions.
Question 5: Informed consent in therapy must be obtained from a client before:
- Each individual session throughout treatment
- Treatment begins, with updates when significant changes in treatment occur (Correct answer)
- The client can see any clinical notes
- The therapist discloses their fees
Correct answer: Treatment begins, with updates when significant changes in treatment occur
Informed consent must be obtained at the start of treatment and revisited when significant changes occur, such as a change in treatment modality or scope.
Question 6: A client requests to discontinue therapy. The therapist's ethical obligation regarding informed consent is to:
- Require the client to continue for at least 30 days before terminating
- Inform the client of potential risks of discontinuing and provide referrals as appropriate (Correct answer)
- Document the refusal and charge a termination fee
- Contact the client's family to discuss the decision
Correct answer: Inform the client of potential risks of discontinuing and provide referrals as appropriate
Clients have the right to withdraw from treatment; therapists must inform them of relevant risks and provide referrals or resources as needed.
CLEE Informed Consent 1
Which of the following is an essential element of valid informed consent for psychotherapy in California?