HSP Regulatory Compliance & Standards 2 — Questions and Answers
Question 1: Under HIPAA's minimum necessary standard, a health service psychologist sharing records with a consulting colleague should disclose:
- Only the information reasonably needed for the consultation purpose (Correct answer)
- The complete treatment record to ensure full context
- Only the diagnosis without any session notes
- Any information the patient has previously consented to share with anyone
Correct answer: Only the information reasonably needed for the consultation purpose
HIPAA's minimum necessary standard requires limiting disclosures to only the PHI reasonably needed for the specific purpose of the disclosure.
Question 2: A psychologist licensed in California wishes to provide telepsychology services to a client who has relocated to Texas. Which regulatory requirement is most critical?
- The psychologist must comply with Texas licensure laws and likely obtain Texas licensure (Correct answer)
- Only the psychologist's home state license is required for telehealth services
- Federal law supersedes all state licensure requirements for telehealth
- The psychologist needs only the client's written consent to practice across state lines
Correct answer: The psychologist must comply with Texas licensure laws and likely obtain Texas licensure
Telehealth practice is generally governed by the laws of the state where the client is located, requiring licensure in that jurisdiction.
Question 3: Which federal law specifically prohibits discriminating against individuals with mental health conditions in employer-sponsored health insurance coverage?
- Americans with Disabilities Act (ADA)
- Mental Health Parity and Addiction Equity Act (MHPAEA) (Correct answer)
- Affordable Care Act (ACA)
- Rehabilitation Act of 1973
Correct answer: Mental Health Parity and Addiction Equity Act (MHPAEA)
The MHPAEA requires that mental health and substance use disorder benefits be no more restrictive than medical/surgical benefits in employer health plans.
Question 4: A psychologist employed at a federally funded community mental health center is subject to which additional privacy regulations beyond HIPAA?
- 42 CFR Part 2 if treating substance use disorders (Correct answer)
- FERPA regulations for all adult clients
- VA privacy regulations regardless of veteran status
- SEC financial disclosure requirements
Correct answer: 42 CFR Part 2 if treating substance use disorders
42 CFR Part 2 imposes stricter confidentiality requirements on substance use disorder treatment records at federally assisted programs, beyond standard HIPAA protections.
Question 5: When a psychologist suspects a colleague is impaired by substance use that affects patient care, the APA Ethics Code requires the psychologist to:
- Immediately report the colleague to the state licensing board
- Attempt to address the concern informally if feasible before escalating (Correct answer)
- Ignore the situation if no patient complaints have been filed
- Only act if personally witnessing impairment during client sessions
Correct answer: Attempt to address the concern informally if feasible before escalating
APA Ethics Code 1.04 directs psychologists to attempt informal resolution with colleagues when feasible before pursuing formal complaint channels.
Question 6: A psychologist's state licensing board requires 40 hours of continuing education per renewal cycle, including 3 hours on ethics. The psychologist completed 40 hours but only 2 hours were ethics-focused. This represents:
- Full compliance since total hours were met
- Partial noncompliance due to insufficient ethics-specific hours (Correct answer)
- Noncompliance only if the licensing board requests documentation
- Compliance because ethics content is embedded in all CE courses
Correct answer: Partial noncompliance due to insufficient ethics-specific hours
Meeting total CE hours does not satisfy a specific subcategory requirement; the ethics hour requirement is a separate mandatory component.
Question 7: Under the Tarasoff duty-to-protect standard, a psychologist's obligation is most accurately triggered by:
- A client's general expression of anger toward others
- A serious, credible, and identifiable threat to a specific victim (Correct answer)
- Any violent ideation regardless of specificity or intent
- A client's history of prior violence, regardless of current threat
Correct answer: A serious, credible, and identifiable threat to a specific victim
Tarasoff and subsequent case law require that the threat be serious, credible, and directed at an identifiable third party before the duty to protect is activated.
HSP Regulatory Compliance & Standards 2
Under HIPAA's minimum necessary standard, a health service psychologist sharing records with a consulting colleague should disclose: