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Florida Laws and Rules for Mental Health and Social Worker Professionals

456.035

1. A licensee’s failure to notify the department of a change of address constitutes a violation and the licensee may be disciplined by the board or the department if there is no board.

A. True

B. False


456.036

2. A licensee may practice a profession:

A. Only if the licensee has an active status license.

B. If the licensee has an active or retired status license.

C. If the licensee has an active, inactive, or retired status license.

D. If the licensee has an active, inactive, retired, or delinquent license.


3. Failure by a delinquent licensee to become active or inactive before the expiration of the current licensure cycle renders the license null without any further action by the board or the department.

A. True

B. False


4. Each board, or the department if there is no board, may by rule impose reasonable conditions, including full reexamination to assess current competency, in order to ensure that a licensee who has been on retired status for more than _____, or a licensee from another state who has not been in active practice within the past _____, and who applies for active status is able to practice with the care and skill sufficient to protect the health, safety, and welfare of the public.

A. 6 months

B. 3 years

C. 5 years

D. 7 years


456.052

5. A health care provider shall not refer a patient to an entity in which such provider is an investor unless, prior to the referral, the provider furnishes the patient with a written disclosure form, informing the patient of:

A. The existence of the investment interest.

B. The name and address of each applicable entity in which the referring health care provider is an investor.

C. The names and addresses of at least two alternative sources of such items or services available to the patient.

D. All of the above.


456.054

6. It is unlawful for any health care provider or any provider of health care services to offer, pay, solicit, or receive a kickback, directly or indirectly, overtly or covertly, in cash or in kind, for referring or soliciting patients.

A. True

B. False


456.057

7. Information disclosed to a health care practitioner by a patient in the course of the care and treatment of such patient is confidential and may be disclosed only:

A. To other health care practitioners and providers involved in the care or treatment of the patient.

B. If allowed by written authorization from the patient.

C. If compelled by subpoena at a deposition, evidentiary hearing, or trial for which proper notice has been given.

D. All of the above.


456.063

8. Each board within the jurisdiction of the department, or the department if there is no board, shall refuse to admit a candidate to any examination and refuse to issue a license, certificate, or registration to any applicant if the candidate or applicant has:

A. Had any license, certificate, or registration to practice any profession or occupation revoked or surrendered based on a violation of sexual misconduct in the practice of that profession under the laws of any other state or any territory or possession of the United States and has not had that license, certificate, or registration reinstated by the licensing authority of the jurisdiction that revoked the license, certificate, or registration.

B. Committed any act in any other state or any territory or possession of the United States which if committed in this state would constitute sexual misconduct.

C. Either (A) or (B).

D. None of the above.


456.065

9. To practice a health care profession without an active, valid Florida license to practice that profession when such practice results in serious bodily injury is a:

A. Felony of the third degree

B. Felony of the second degree

C. Misdemeanor of the first degree

D. Misdemeanor of the second degree


10. Practicing, attempting to practice, or offering to practice a health care profession when that person’s license has been inactive or delinquent for a period of time of 12 months or more shall be a misdemeanor of the first degree.

A. True

B. False


456.072

11. Failing to repay a student loan issued or guaranteed by the state or the Federal Government in accordance with the terms of the loan or failing to comply with service scholarship obligations shall be considered a failure to perform a statutory or legal obligation.

A. True

B. False


12. For each hour of continuing education not completed or completed late, the board or department, as applicable, may require the licensee to take 2 additional hours of continuing education for each hour not completed or completed late.

A. True

B. False


491.009

13. Which of the following acts constitutes grounds for denial of a license or disciplinary action?

A. Failing to file a report or record required by state or federal law.

B. Failing to make available to a patient or client, upon written request, copies of tests, reports, or documents in the possession or under the control of the licensee, registered intern, or certificateholder which have been prepared for and paid for by the patient or client.

C. Failing to respond within 30 days to a written communication from the department or the board concerning any investigation by the department or the board, or failing to make available any relevant records with respect to any investigation about the licensee’s, registered intern’s, or certificateholder’s conduct or background.

D. All of the above.


491.0112

14. Any psychotherapist who commits sexual misconduct with a client, or former client when the professional relationship was terminated primarily for the purpose of engaging in sexual contact, commits a misdemeanor of the first degree.

A. True

B. False


15. The giving of consent by the client to any acts of sexual misconduct by a psychotherapist may be a defense to these offenses.

A. True

B. False


16. A representation to the client that sexual contact by the psychotherapist is consistent with or part of the treatment of the client is known as:

A. Therapeutic deception

B. Sexual misconduct

C. Both (A) and (B)

D. None of the above


491.012

17. Unless she or he holds a valid, active license as a mental health counselor, it is unlawful and a violation for any person to use any of the following titles, except for:

A. Mental health counselor

B. Mental health worker

C. Mental health therapist

D. Mental health consultant


491.0147

18. Any communication between any licensed or certified person and his or her patient or client shall be confidential and secrecy may be waived under which condition?

A. When the person licensed or certified is a party defendant to a civil, criminal, or disciplinary action arising from a complaint filed by the patient or client, in which case the waiver shall be limited to that action.

B. When the patient or client agrees to the waiver, in writing, or, when more than one person in a family is receiving therapy, when each family member agrees to the waiver, in writing.

C. When, in the clinical judgment of the person licensed or certified, there is a clear and immediate probability of physical harm to the patient or client, to other individuals, or to society and the person licensed or certified communicates the information only to the potential victim, appropriate family member, or law enforcement or other appropriate authorities.

D. All of the above.


491.0149

19. A person licensed as a clinical social worker, marriage and family therapist, or mental health counselor, or certified as a master social worker shall conspicuously display the valid license issued by the department or a true copy thereof at each location at which the licensee practices his or her profession.

A. True

B. False


20. A person licensed as a clinical social worker, marriage and family therapist, or mental health counselor shall include their license title or the letters LCSW, LMFT, or LMHC, respectively, on all of the following, except for:

A. Brochures naming the licensee

B. Advertisements naming the licensee

C. All written communication, including e-mails, from the licensee

D. Stationary naming the licensee


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