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CPLEE Week 1
Week 1 Psych Prep ITems
| Question | Answer |
|---|---|
| The practice of psychology is defined as | “providing to individuals, groups, organizations or the public any psychological service involving the application of psychological principles, methods, and procedures of understanding, predicting, and influencing behavior.” |
| BOP investigates allegations of | unprofessional conduct, fraud, and illegal behavior, and institutes disciplinary action when warranted. Compliance with code |
| BOP requires that all licensees and registrants post a .... | NOTICE TO CONSUMERS: The Department of Consumer Affairs’ Board of Psych receives and responds to questions and complaints regarding the practice of psychology. |
| Board requires aging and suicide certs to have how many hours? Whereas ____ _____ requires 7 hours | Six hours, child abuse |
| Board requires substance abuse and partner/spousal abuse training of ____ hours. However, _______ _____only requires 10 hours | 15 hours, Human sexuality |
| A Psychology license is renewed every ? years. | two years. A license that has expired may be renewed any time within three years of expiration. |
| Licensed psychologists are required to complete 36 hours of CPD each renewal cycle. What if they are inactive? | Psychologists whose licenses are on inactive status are exempt. to reactivate the license, they must complete 36. including 4hrs law and ethics and 4 of cultural diversity/social justice, in the 2-year period prior to establishing the license as active |
| A maximum of ? of sponsored CE can count towards CPD. Courses that are less than ?hour are not acceptable | 27 hours, 1 |
| The Board of Psychology encourages licensed psychologists to take continuing education coursework in? | geriatric psychopharmacology, assessment and treatment of AIDS, and issues of human diversity. |
| BOP allows persons licensed as a psychologist in another state or territory of the United States or in Canada to provide psychological services in California for | up to 30 days in any calendar year. If the have submitted app: they have up to 180 calendar day—from either submitting the application or beginning CA residency, whichever first occurs |
| Board of Psychology (BOP) warns that any of the following is cause for disciplinary action: | Fraud, fee for referrals, misrepresentation, impersonation, willful unauthorized comm of confidential info, substance use that harms public, crime conviction psych related, negligence, another state revokes license, fxn outside competence |
| When a psychotherapist has been found guilty of unprofessional conduct, the board may... | Refuse to issue a registration or license, may issue a registration or license with terms and conditions, or may suspend or revoke a registration or license |
| Minor violations are usually subject to non-disciplinary actions. | Non-disciplinary actions, except for citation and fine, remain confidential from the public. |
| Non-disciplinary actions include : | mediation, educational letter, letter of warning, educational review, and citation and fine |
| Disciplinary actions include: | letter of reprimand,two-step agreement, probation, suspension, surrender of license, and revocation |
| Violations that result in probation include: | gross negligence, repeated negligent acts, or commission of any dishonest, corrupt, or fraudulent act |
| is an example of: "The agreement may include remedial coursework as well as having a billing monitor over the psychologist’s practice for a specified period of time. Once the conditions are met, the accusation is withdrawn" | TWO-STEP AGREEMENT The two-step agreement is also an option when the violation was not too severe and no patient harm occurred. |
| A psychologist’s license is automatically suspended while | the licensee is incarcerated, after being convicted of a felony |
| Rather than completing an administrative hearing process, a licensee may opt to ... | surrender his or her license |
| When a therapist is found guilty of sexual contact with a patient or former patient within two years of termination of treatment, the therapist’s license is automatically ... | Revoked, 2 yeasr to apply for reinstatement |
| A person who has been subject to disciplinary action may petition for reinstatement or modification after a certain minimum period has passed...how long? | at least 3 ys for reinstatement of a license revoked, suspended, surrendered; at least 2 years for early termination of probation of 3 yrs or more, or for modification of a condition; least 1 yr for early termination of probation of less than 3ys |
| The BOP may deny registration or licensure when an applicant might not practice safely due to .. | Mental illness or chemical dependency. If application denied, person must wait one year to apply. |
| The time frame for filing accusations against a licensee is three years from the date the BOP discovers the alleged act that is the basis for disciplinary action, or.... | within seven years from the date the alleged act occurred (or 10 years in instances of psychotherapist sexual misconduct), whichever occurs first |
| two basic principles that apply to lawful and ethical disclosure of confidential information: | disclosure should never come as a surprise, and disclosure should only include information that is necessary and sufficient. |
| When a disclosure of confidential information is required (e.g., a report of child abuse), it is good practice... | to involve the patient in making the disclosure, whenever possible |
| No surprises: Patients should usually be notified when a disclosure involving a breach of confidentiality is a | confiden-about to be made, or has been made |
| Exceptions to confidentiality include: | patient consent, treatment/Safety emergencies, , procedures to ensure treatment is of acceptable quality (e.g., peer reviews), treatment, the legal system, crimes involving hospitalized patients, and mandatory reporting situations. |
| The most common safety emergencies include potential suicide and violence. What is a third type? | Grave disability is also considered a safety emergency. |
| This is a safety emergency | a patient informs his therapist he is acutely homicidal. The therapist may breach patient-therapist confidentiality to have the patient involuntarily hospitalized. |
| PROCEDURES TO ENSURE ACCEPTABLE TREATMENT | California law explicitly permits disclosure of confidential information for the purpose of quality of care review |
| According to Welfare and Institutions Code Section 5328(a) confidential patient information can be disclosed “between qualified professional persons in the provision of services.” | To share confidential information without consent, the professionals must be employed in the same facility or be responsible for the same patient’s care |
| Confidential patient information must be provided when a therapist is ordered to do so by the court. Other examples of exceptions to confidentiality involving the legal system include: | When a lawyer subpoenas a mental health professional for the records or to testify under oath, as well as when a court issues a search warrant. |
| Section 5328.4, when a serious crime (e.g., murder, rape) has been either committed by or perpetrated upon a hospitalized patient, the mental health professional has a duty to | disclose this patient information to governmental law enforcement agencies. |
| Who is the holder of privilege | may be the patient, the guardian or conservator, or the personal representative of the patient. |
| Only the holder of privilege may authorize a waiver of privilege and disclosure of confidential information or communication. When more than one patient holds the privilege (e.g., in couples therapy),... | one patient waiving privilege does not affect the other patient’s right to claim privilege. |
| Therapist may not claim privilege if: | if there is no holder of privilege in existence, or if the therapist is instructed by a person authorized to permit disclosure |
| EVIDENCE CODE 1016 No privilege exists in proceedings in which the patient (or any party claiming through or under the patient) raises the issue of the patient’s mental or emotional condition (e.g., worker’s compensation suit | Thus, if a patient is claiming emotional suffering, the patient may not keep therapy records outside of the court, because these records may prove significant in the court’s decision-making process. |
| If a psychologist has examined a patient for the court, for the purpose of determining a criminal defendant’s state of mind, this information is not privileged, and will be revealed to the court. | The psychologist must have informed the patient of the limits of confidentiality in advance of the evaluation |
| No privilege exists if the services of a therapist were sought or obtained to aid anyone to commit a crime or to escape detection or apprehension after commission of a crime | Thus, a patient may not invoke privilege in an effort to hide civil or criminal wrongdoing from the courts |
| Thus, if there is a legal dispute around a deceased patient’s interests (e.g., money or property), deed, or will, given that the patient is not alive, and the information is needed to settle the legal dispute,... | There is no privilege. |
| Thus, if a patient sues a therapist for negligence, the professional may use the... | therapy records in his or her defense. No privilege. |
| No privilege exists when the therapist believes that the patient’s mental or emotional condition causes the patient to be a danger to | self or to the person or property of others, and when the disclosure is necessary to prevent danger. |
| No privilege exists if the patient is under 16 years of age, the therapist has reason to believe the child has been the victim of a crime, and the disclosure is in the best interest of the child | In this situation, neither the patient nor the parent/guardian may invoke privilege to keep this information out of the court |
| The first step in responding to a subpoena is to ... | contact the patient to ascertain if they wish to waive or invoke privilege. The person who receives it must not ignore it, as failure to respond to a subpoena may result in being held in contempt of court. |
| If the patient invokes privilege, the therapist may ask to be released from the subpoena. If the therapist is not released, they must ... | comply w the subpoena /appear at the specified time and place, bring docs required by the subpoena. At the proceeding, the therapist will assert privilege on the patient’s behalf. The judge will determine whether or not it is protected by privilege. |
| Who can quash a subpoena? What if judge says this is an exception to privilege? | The judge will either quash the subpoena if the material is deemed protected by privilege or issue an order if the material falls under an exception to privilege. The therapist must follow the court order unless an appeal is made to a higher court |
| several exceptions that lawfully permit a minor to consent to treatment. A minor may consent to treatment if ... | is an emancipated minor, a self-sufficient minor, or in situations in which the minor is at risk or in which requiring parental consent mightdiscourage the minor from receiving necessary treatment |
| A minor may become emancipated in one of three ways. Emancipated minors are treated as adults in terms of confidentiality, privilege, and consent to treatment | Marriage, military, declaration of emancipation (14yr older) |
| California law requires that a full set of treatment records be maintained on all patients for a minimum of ??? | 7 years after treatment has been completed. for minors, the treatment records be maintained for at least seven years from the date the patient reaches 18 years of age, or in other words, until the person is 25 years old. |
| Providers using electronic record keeping systems must ensure the safety and integrity of the records by :??? | using an offsite backup storage system, an image mechanism that can copy signature documents, and a mechanism to ensure that once input, the record is unalterable. |
| California law states that the treatment provider may decline to permit inspection or to provide copies of the treatment records to any patient, if | if the provider believes there would be substantial possibility of adverse or detrimental consequences to the patient. When this is the case, the provider must document the date of the request and the reasons for refusing |
| INSPECTION OF TREATMENT RECORDS | The provider must generally permit inspection of the records within five working days after a written request is received. May bring 1 person |
| COPIES OF TREATMENT RECORDS | Copies of the treatment records (not to exceed a cost of $0.25 per page) must generally be transmitted within 15 days after receiving a written request. Providers are not allowed to withhold records because of any unpaid bills for services |
| HIPAA states that(record) access can be denied when the health care professional has determined that access is | reasonably likely to endanger the life or physical safety of the individual or another person. |
| SUMMARY OF RECORDS | California law notes that the provider may offer to prepare a treatment summary for the patient. If the patient agrees, the summary completed within 10 working days. If really long - you get 30 days |
| When a patient provides written authorization for release of records to the Board of Psychology (BOP) or a court order mandates release of records of the board, records must be provided within ??? | 15 days. civil penalty, payable to the board, is $1,000 each day the documents haven’t been provided. ,Failure to comply with a court order mandating the release to BOP constitutes unprofessional conduct-may result in suspension or revocation license |
| The Tarasoff statute states that there is a duty to warn, protect, and predict in the following situation: | Where the patient has communicated to the psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims.” In this situation, the therapist’s duty. |
| Ewing v. Northridge Hospital Medical Center (2004) 120 Cal. App. 4th 1289 ("Ewing II") stating that - what in terms of Tarasoff third parties?? | communications from family members are patient communications (bold added) within the meaning of Civil Code |
| A therapist does not have a Tarasoff duty when the patient makes a threat... | toward property and it is clear that no person will potentially be at risk. However, a threat made by a patient to property, in which people may potentially be harmed ( blow up a building), does constitute a Tarasoff situation |
| Grave disability is typically defined as being unable to ... | adequately provide for one’s food, clothing or shelter. not considered “gravely disabled” if the person can survive safely with the assistance of family, friends/others who are willing and able to help, and is specified writing in writing. |
| The preamble states that the goals of the Ethics Code are: | “the welfare and protection of the individuals and groups with whom psychologists work,” as well as “the education of members, students, and the public regarding ethical standards of the discipline.” |
| Psychologists engage in a variety of roles, such as researcher, educator, diagnostician, and? | therapist, supervisor, consultant, administrator, expert witness, and social interventionist |
| BENEFICENCE AND NONMALEFICENCE (PRINCIPLE A:) | Psychologists aim “to benefit those with whom they work and take care to do no harm.” |
| PRINCIPLE B: FIDELITY AND RESPONSIBILITY | “psychologists establish relationships of trust with those with whom they work.” Psychologists should be aware of their responsibilities to people and should uphold professional standards |
| PRINCIPLE C: INTEGRITY | In all their professional activities, psychologists should promote “accuracy, honesty, and truthfulness” and should avoid all fraudulent activities. |
| PRINCIPLE D: JUSTICE | all persons should benefit from the contributions of psychology and should be treated with equal quality in all psychological activities. It enjoins psychologists to ensure that their own biases and limitations of competence |
| PRINCIPLE E: RESPECT FOR PEOPLE’S RIGHTS AND DIGNITY | includes respect for the rights of privacy, confidentiality, and self-determination. Psychologists should recognize and respect differences among persons. |
| CONFLICTS BETWEEN ETHICS AND ORGANIZATIONAL DEMANDS, CONFLICTS BETWEEN ETHICS AND LAW (Amended 2010 (Amended 2010) | psychologists should “clarify the nature of the conflict, make known their commitment to the Ethics Code, and take reasonable steps to resolve the conflict” in a manner consistent with the Ethics Code. no human rights violations |
| in addressing ethical misconduct of colleagues, it is necessary to consider three things: | how you came to learn about the offense; 2) the type and severity of the offense committed; 3) if an informal resolution is attempted, the colleague’s response |
| If you learn of the ethical violation through other means: and it is severe? | you should report the colleague to an ethics committee or state licensing board. |
| Consultations are appropriate when psychologists are somewhat familiar with treating a particular disorder but are not an expert in that area, or concerns about whether they can remain objective in treating a client. | The psychologist has had little experience treating agoraphobia, but she regularly treats clients with other anxiety disorders. psych notices that she is attracted to this man and begins to feel rather self-conscious during sessions |
| TRAINING Training is vital when psychologists are unfamiliar with a certain area of knowledge. Training is usually followed by ... | supervised experience prior to practicing independently. For example, a psychologist specializes in psychological testing with adults. She would like to expand her practice by offering psychological testing to adolescents; -hasnt |
| Referring out clients would be appropriate in the following situations: | ) the therapist’s personal beliefs and issues interfere with the therapy; b) the client feels uncomfortable with the therapist; or c) the therapist lacks competence in treating the presenting problem |
| What do you do about PERSONAL PROBLEMS AND CONFLICTS ? | when they know or should know that their personal problems will impair their competence. You are required to address their problems appropriately and to seek consultation about whether to limit, suspend, or terminate practice |
| A multiple relationship occurs when a psychologist is in a professional role with a person and | Put more simply, a multiple relationship exists when a therapist enters into a non-professional relationship with a current client, or with someone close to the client (e.g., the client’s boyfriend or sister |
| A psychologist should not enter into a multiple relationship if it might impair | the psychologist's objectivity, competence, or effectiveness, or if it might harm or exploit the other party. |
| Ethics Code explicitly states that a multiple relationship is not in and of itself unethical: “Multiple relationships that would not ... | reasonably be expected to cause impairment or risk exploitation or harm are not unethical.” It is frequently a judgment call as to whether a given multiple relationship might impair objectivity or harm the client |
| If due to unforeseen factors, a harmful multiple relationship does occur, the psychologist should “attempt to resolve it with due regard for the best interests of the affected person... | For example, in some situations apsychologist might end the non-professional contact with the client; in others, the psychologist might appropriately terminate the therapy. |
| APA’s Guidelines for Child Custody Evaluations in Family Law Proceedings (2010) state that a psychologist conducting a custody evaluation | with a current or prior client or conducting therapy with a current or prior custody examinee are both considered multiple relationships. Although not explicitly prohibited in the guidelines, should be avoided |
| COI Psychologists should not enter into a professional relationship with someone | w/ whom they already have other relationships or involvement (e.g., financial or personal) if the result would be that the psychologists objectivity, competence, or effectiveness would be impaired, or that the other party would suffer harmexploitation. |
| When persons are court ordered or mandated to obtain psychological services, psychologists should inform them of ... | the nature of the services to be provided, of the fact that the services have been mandated, and of any limits to confidentiality |
| INTERRUPTION OF PSYCHOLOGICAL SERVICES Psychologists must make plans for continuation of care in the event of their relocation, illness, death, or in the event of the client’s relocation or financial limitations. | These plans are often being termed “a professional will.” The Ethics Code qualifies this requirement with the statement “unless otherwise covered by contract. |
| Confidentiality is generally discussed at the outset of treatment, and | whenever there are relevant changes in circumstances (e.g., a fee-for-service client begins to use an insurance co). If electronic transmission is used (e-mail), psychologists must inform clients of possible risks to privacy and limits confidentiality |
| MINIMIZING INTRUSIONS ON PRIVACY | Psychologists should discuss confidential information obtained from clients only for scientific or professional purposes, and should include only the confidential information that is necessary when preparing oral or written report |
| Confidential information may be shared without client consent when the disclosure is either permitted by law: | to protect the client, psychologist, or other from harm; to obtain appropriate professional consultation; or to provide necessary professional services), or when the disclosure is mandated by law (e.g., Tarasoff, child or elder abuse reporting. |
| USE OF CONFIDENTIAL INFORMATION FOR DIDACTIC OR OTHER PURPOSES | must not include confidential information unless the person has consented in writing or there is legal authorization to do so. Otherwise, confidential information should be disguised. |
| SUBPOENAS Subpoenas are usually issued by attorneys, and may be a subpoena alone (requiring the therapist to appear for questioning) or a subpoena duces tecum | requiring the therapist to appear with the client records). Subpoenas cannot be ignored. |
| COURT ORDERS In contrast to a subpoena, a court order is signed by a judge and carries the weight of law. | psychologist may always request that the judge modify the court order (e.g., the psychologist may point out that portions of the record are not relevant /request thatnot record be revealed). Ultimately, the psych must comply or be held in contempt. |
| COURT-APPOINTED EVALUATION In a court-appointed evaluation, a psychologist is retained by the court to evaluate a defendant | evaluation are to be shared with the court, and the defendant has no confid. no requirement the psych get the defendant’s consent to participate. psychologist must explain the nature of the evaluation and the limits of confid to the defendant prior |
| in court-ordered therapy, the court has ordered a defendant to seek therapy as a condition of his or her sentence. | The psychologist who agrees to treat this client must make sure to clarify the nature of the treatment that has been ordered by the court, as well as the information that the court needs. The psych must then discuss with client and obtain info consent. |
| It is prohibited to compensate a media employee for publicity or reporting (e.g., paying a reporter to write an article about a psychologist’s practice). | when paid ads are used, they must be identified as such |
| IN-PERSON SOLICITATION Solicitation of new business is also prohibited when people are vulnerable to undue influence | does not apply to providing disaster or community outreach services. So, it would be unethical for a psychologist to walk up to people involved in a car accident and encourage them to come to the psychologist’s office for treatment, |
| DOCUMENTATION OF PROFESSIONAL AND SCIENTIFIC WORK AND MAINTENANCE OF RECORDS To the extent they have control, psychologists should create and maintain records of their professional work | 1)to facilitate future provision of services; 2) to allow for replication of research results; 3) to meet institutional requirements; 4) to ensure accuracy in billing; and 5) to comply with the law. |
| MAINTENANCE, DISSEMINATION, AND DISPOSAL OF CONFIDENTIAL RECORDS OF PROFESSIONAL AND SCIENTIFIC WORK | psychologists create, maintain, and destroy records in a manner that protects confid. Databases, appropriate measures protect confidentiality, coding identifiers. plan in advance to protect records and data in case of their death or incapacity. |
| INFORMED CONSENT FOR RECORDING VOICES AND IMAGES IN RESEARCH Informed consent is necessary before the use of filming or recording in research. | 1 exception to this requirement is the use of naturalistic observations in which personal identif and harm are avoided. Another exception is the use of recording in a research design w/ deception. consent for the recording must be during debriefing |
| DISPENSING WITH INFORMED CONSENT FOR RESEARCH | when permitted by law or institutional regulations. if the research is unlikely to create distress or harm in normal educational practices; 2) anonymous quests, naturalistic obser, archival ; and 3) the study of a job or organization’s effectiveness |
| INFORMED CONSENT IN ASSESSMENTS Psychologists usually must secure informed consent prior to completing an assessment. There are three exceptions | when the testing is mandated by law or government regulations; 2)routine educational or organizational activity and informed consent is implied (e.g., as part of applying for a job); and 3) when the testing is designed to assess decisional capacity. |
| When an interpreter is used, this information must be included as part of | informed consent. Psychologists must also ensure that confidentiality and test security are maintained. In their results, psychologists must discuss potential limitations of their data due to the use of an interpreter. |
| A report is mandated if there has been sexual intercourse, even if voluntary when the child is under 16 and the other party is...? | 21 and older |
| A report is mandated if there has been lewd or lascivious contact of child under 14 and? | Party of any age |
| Parenthood Affiliates v. Van de Kamp (1986) and People v. Stockton Pregnancy Control Medical (1988). Both concluded that the Child Abuse and Neglect Reporting Act | does not currently require the reporting of voluntary sexual conduct between minors under age 14 both of whom are of a similar age |
| Sexual exploitation also includes: | duplicating, printing, downloading, streaming, or accessing child pornography through any electronic or digital media |
| Severe neglect is also described as willfully causing or permitting the health of the child to be endangered, including | severe malnutrition, intentional failure to provide adequate food, clothing, shelter or medical care. |
| General neglect means the negligent failure of the caretaker to provide adequate food, clothing, shelter, medical care, or supervision, PLUS | where no physical injury to the child has occurred. |
| As of January 1, 2021, all mandated reporters may use CARES (Child Abuse Reporting Electronic System) to submit non-urgent reports of suspected abuse or neglect. | When using CARES, you no longer have to file both a verbal and written report |
| may disclose and use PHI without a patient’s consent if they are doing so for treatment (e.g., a consultation), payment (e.g., billing insurance company), or health care operations (e utilization review). | Although patient consent is technically not needed, it is still considered the standard of practice for psychologist to obtain written permission from patients for any disclosures of confidential information |
| Civil liability is the issue in | Malpractice. A malpractice lawsuit can be thought of as based on the four D’s: dereliction of duty directly causing damages. All four of these conditions must be met to hold a therapist liable. |
| Dereliction means that the therapist failed to provide care that is reasonable (i.e., negligence), versus duty? | Duty means that the therapist had a legal relationship with the patient that gave rise to a duty (e.g., we have no duty to people we meet at a party). Dereliction of duty is also called breach of duty. |
| If the party is ___ years or older and the child is 14 or ____, for any.....? | 10 years, 15, Lewd and lascivious acts |
| ______ age, and the other child is 13 or under, you must report for ? | ANY Lewd and lascivious acts |
| Mandated reporter failure to report may result in 1000 fine, 6 months in jail or both for what? | Failure to report child abuse (not death or great harm), elder abuse, assault. |
| Failure to report child abuse that resulted in death or great harm is punishable by? | 1 year in jail, 5,000 fine or both. |
| Sexual misconduct by a therapist with no prior acts ? 2+ acts/victims? | 6 months year and 1000 or 1 yr, 1000 state prison 16 months, 2 yrs, 10,000 fine. |
| What happens to the identification of a mandated reporter for child abuse? | It is confidential. |
| You cannot report pregnancy, or for those 12+ STDS, Rape, Sexual Assault to parents unless? | You have child consent. |
| You should include parents in _____________ treatment of minors who are ____+ of age if appropriate. You should also include them in drug and alcohol treatment if appropriate. Inpatient, however you _____ include ______. | Outpatient, 12 Inpatient/residential: Must include parents |
| You might need to report to a parent intimate partner violence if a child is 12 and??? | Injuries require a report. |
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