OLERE - Oklahoma Legal and Ethical Responsibilities Client Welfare and Informed Consent Questions and Answers 1 — Questions and Answers
Question 1: An LPC in Oklahoma is beginning a therapeutic relationship with a new adult client. According to the Oklahoma Administrative Code (OAC), which of the following is a mandatory component of the initial informed consent process?
- A verbal and written review of the rights and responsibilities of both the LPC and the client. (Correct answer)
- A guarantee of specific therapeutic outcomes to be achieved within the first six sessions.
- Obtaining the client's consent to be audio or video recorded for supervision purposes.
- A formal agreement that the client will not terminate therapy without providing 30 days' notice.
Correct answer: A verbal and written review of the rights and responsibilities of both the LPC and the client.
OAC 86:10-27-4 explicitly states that LPCs have an obligation to review, both in writing and verbally, the rights and responsibilities of the LPC and the client. This ensures the client can make a fully informed decision about entering therapy. Guaranteeing outcomes is unethical, requiring recording is not a universal mandate for consent, and restricting a client's right to terminate is a violation of client autonomy.
Question 2: An Oklahoma LPC has been treating a client for several months, but the client is showing no signs of progress toward their stated goals. To best uphold the principle of client welfare, what is the LPC's most appropriate action?
- Continue the current treatment indefinitely, assuming a breakthrough will eventually occur.
- Refer the client to another professional whose expertise may be a better fit for the client's needs. (Correct answer)
- Terminate the therapeutic relationship immediately via email, citing lack of progress.
- Inform the client that their lack of progress is due to insufficient effort on their part.
Correct answer: Refer the client to another professional whose expertise may be a better fit for the client's needs.
According to OAC 86:10-3-3(i), if an LPC determines they are unable to be of professional assistance to a client, they shall refer the client to an appropriate source. This action prioritizes the client's welfare over the continuation of ineffective treatment. Continuing indefinitely, terminating without a process, or blaming the client would be unprofessional and neglectful.
Question 3: Under the Oklahoma LPC Rules of Professional Conduct, which of the following is true regarding sexual or romantic relationships with former clients?
- Such relationships are permissible after two years following the termination of counseling.
- Such relationships are strictly prohibited for at least five years after the termination of counseling. (Correct answer)
- Such relationships are allowed immediately upon termination if the client initiates it and signs a waiver.
- Such relationships are never allowed under any circumstances, regardless of the time passed.
Correct answer: Such relationships are strictly prohibited for at least five years after the termination of counseling.
The Oklahoma Administrative Code, specifically OAC 86:10-3-3(f) as referenced in court documents, states that LPCs shall not engage in any activity that is or may be sexual in nature with a former client for at least five years after the termination of the counseling relationship. Some older versions of the rule cited two years for general relationships but the stricter five-year ban applies to sexual activities.
Question 4: An LPC is asked to provide therapy for a 14-year-old whose parents are divorced but share joint legal custody. The mother brings the child to the appointment and provides written consent. The father has not been contacted. Which of the following is the most legally and ethically sound approach?
- Refuse to see the child until both parents provide written consent in person.
- Proceed with therapy, as consent from one parent with legal custody is generally sufficient under Oklahoma law. (Correct answer)
- Provide services but inform the mother that the father must also provide consent within 10 business days.
- Only proceed if a court order specifically grants the mother sole authority to consent to medical/mental health treatment.
Correct answer: Proceed with therapy, as consent from one parent with legal custody is generally sufficient under Oklahoma law.
Oklahoma Statute §10A-1-3-101 states that 'Either parent' may authorize medical or surgical diagnosis or treatment. Oklahoma Statute §25-2005 requires written consent from 'a parent or a legal guardian' for mental health therapy for a minor. While it is often best practice to involve both parents when possible, the law generally permits one parent with legal custody to provide consent for treatment.
Question 5: Which of the following financial arrangements best aligns with the principles of client welfare and informed consent as defined by the Oklahoma LPC Rules?
- Offering a discount to a client in exchange for the client providing professional services (e.g., accounting) to the LPC.
- Waiting until several sessions have passed to discuss fees, once rapport has been established.
- Accepting a valuable piece of jewelry as payment from a client who is unable to pay in cash.
- Clearly explaining all fees, billing practices, and consequences for non-payment in writing prior to starting counseling. (Correct answer)
Correct answer: Clearly explaining all fees, billing practices, and consequences for non-payment in writing prior to starting counseling.
OAC 310:405-3-3.1(a) requires that LPCs 'shall clearly explain to clients, prior to entering the counseling relationship, all financial arrangements related to professional services including the consequences for non-payment of fees.' Bartering for services is prohibited, and bartering for goods is only allowed under specific, non-exploitative conditions with a written contract. Delaying the discussion of fees violates the principle of informed consent.
Question 6: A client who has made significant progress informs their LPC that they wish to terminate services, effective immediately. To adhere to ethical standards regarding client welfare and termination, the LPC's most appropriate response is to:
- Charge the client a penalty fee for terminating without advance notice.
- Insist that the client attend at least three more sessions to properly process the termination.
- Respect the client's decision while offering a final session to review progress and discuss resources. (Correct answer)
- Immediately close the client's file without any further communication to respect their stated wish.
Correct answer: Respect the client's decision while offering a final session to review progress and discuss resources.
OAC 86:10-3-3(i)(2) states that LPCs shall not abandon or neglect current clients without making reasonable arrangements for the continuation of such treatment. While respecting the client's autonomy to terminate, the standard of care involves offering a termination session to ensure a smooth transition, review progress, and provide referrals or resources if needed. Abandoning the client or penalizing them for exercising their right to terminate would be unethical.
OLERE - Oklahoma Legal and Ethical Responsibilities Client Welfare and Informed Consent Questions and Answers 1
An LPC in Oklahoma is beginning a therapeutic relationship with a new adult client.
According to the Oklahoma Administrative Code (OAC), which of the following is a mandatory component of the initial informed consent process?