CSPE Exam
Help!
|
|
||||
|---|---|---|---|---|---|
| show | Enacted by Congress in 1996
Title II is most relevant to psychology
Includes: privacy rule, security rule, and transaction rule.
🗑
|
||||
| When does HIPAA supersede state law? | show 🗑
|
||||
| What is a covered entity (CE)? | show 🗑
|
||||
| show | Any person or entity providing, billing for, or paid for health care as a normal part of business.
🗑
|
||||
| show | Individually identifiable health information maintained or transmitted in any medium providing info about:
-Individual's past, present, future condition
-provision of care to the individual
-past, present, future payment for care
🗑
|
||||
| What is deidentified information? | show 🗑
|
||||
| What is the Family and Educational Rights and Privacy Act (FERPA) | show 🗑
|
||||
| show | -Designed to provide clients with protection
🗑
|
||||
| HIPAA's Privacy Rule requires what? | show 🗑
|
||||
| show | -When a provider transmits PHI electronically for health care claims, payments, and health plan enrollment/ disenrollment.
-Privacy rule applies to all transactions (even non-electronic) when it is triggered
🗑
|
||||
| How do HIPAA and California privacy laws differ? | show 🗑
|
||||
| What are circumstances when a client has a right to request review of a denial to access their own records? | show 🗑
|
||||
| show | 1) When disclosure to a client's representative is requested but could harm the client or another person 2) a health care provider may not withhold records from that representative
🗑
|
||||
| show | -When information is exempt (PHI for criminal, civil, administrative hearings)
-When the CE is a correctional institution (CI) or acting under a CI, and requester is an inmate, and CE believes the request is a threat to others
🗑
|
||||
| show | -When information was obtained in research study and client agreed to denial of access
-PHI was obtained from someone other than the health care provider when confidentiality was promised to that 3rd party
🗑
|
||||
| show | -General records (generally accessible to client)
-Psychotherapy notes (for use only by the psychologist if revealing notes is deemed risky for client)
🗑
|
||||
| CA law differs from HIPAA related to clients viewing psychotherapy notes in what way? | show 🗑
|
||||
| General records include what kind of information about the client? | show 🗑
|
||||
| show | -HIPAA gives clients this right if they believe the information is incorrect
🗑
|
||||
| show | -The info was not created by the psychologist
-If the person who created it is not available
-The info is not available or part of the record
-The psychologist believes the info is correct, complete, accurate
🗑
|
||||
| If a psychologist denies a client's request for amendment, what 4 requirements apply: | show 🗑
|
||||
| show | a) Psychologist must add amendment to the client's record b) Must inform client amendment has been made, c) Provide amendment to people who have previously received info covered by the amendment
🗑
|
||||
| A client's right to accounting of disclosures includes: | show 🗑
|
||||
| show | a) Does not apply to PHI used for Tx, payment, or health care operations, b) Does apply to disclosures to public health authorities, health oversight agencies, & researchers
🗑
|
||||
| show | HIPAA's privacy rule states that "Written authorization is required prior to release of notes to a 3rd party unless there is a valid reason for not doing so"
🗑
|
||||
| show | a) description of the info disclosed, b) limits on type of info disclosed, c) name and function of entity authorized to use the info, d) expiration date, and e) a statement of right to receive copy of authorization and revoke authorization
🗑
|
||||
| According to HIPAA, authorization to release client information is not required when? | show 🗑
|
||||
| show | a) Provision of notice prior to onset of Tx, b) Indications of how health info may be used/disclosed, c) Information to client of their rights re: the info
🗑
|
||||
| show | a) "(G)ood faith effort" to obtain client's signature of receipt, b) Clear language, c) Include description of how provider protects info, d) Description of when info may be used/disclosed without authorization
🗑
|
||||
| What are two limits on disclosure of Protected Health Info? | show 🗑
|
||||
| show | a) A person/organization receiving PHI that allows them to provide services on the psychologist's behalf b) HIPAA contract is required for all BAs.
If BA violates the contract, psychologist takes reasonable steps to correct, terminate, or report to DHHS.
🗑
|
||||
| show | This describes admin, physical, technical security standards and specs designed to ensure electronic protected health information (EPHI) remains secure
🗑
|
||||
| What do the administrative security standards of HIPAA's security rule address? | show 🗑
|
||||
| show | The physical standards address computers/other electronic information systems/facilities in which confidential information is stored
🗑
|
||||
| What do the TECHNICAL security standards of HIPAA's security rule address? | show 🗑
|
||||
| show | This requires providers who conduct certain business transactions electronically to use the same electronic format, code sets, and identifiers.
🗑
|
||||
| What is the Transaction Rule's definition of "transactions"? | show 🗑
|
||||
| show | Electronic exchanges include transmissions over the Internet, leased lines, dial-up lines, private networks, and those that involve CDs, diskettes, etc. that are carried from one place to another.
🗑
|
||||
| show | Covered electronic transactions include those related to health care claims, claim status, health care plan eligibility, referral certification and authorization, health care plan enrollment or disenrollment, payment, and coordination of benefits.
🗑
|
||||
| What are the Boundaries of Competence for a psychologist? | show 🗑
|
||||
| show | a) Psychologists provide services, teach, and conduct research with populations and in areas within boundaries of their competence, b) Psychologists have or obtain training, etc. to ensure competence, or make appropriate referrals
🗑
|
||||
| show | a) When asked to provide services psychologists may provide such services to ensure that services are not denied, assuming no better qualified provider is available, b) Emerging areas: psychologists take reasonable steps to ensure competence of their work
🗑
|
||||
| Standard 2.01 (Boundaries of Competence): What does a psychologist do when needed services fall outside boundaries of competence? | show 🗑
|
||||
| Standard 2.01 (Boundaries of Competence): How do psychologists protect clients when standards of training do not exist? | show 🗑
|
||||
| Ethics Standard 2.03 (Maintaining competence) requires what? | show 🗑
|
||||
| Providing services in emergencies (Standard 2.02) is allowable when? | show 🗑
|
||||
| show | A psychologist has a legal and ethical obligation to take action to remedy problems when interference with psychologist's ability occurs
🗑
|
||||
| Impaired psychologist law (CCR S1396.1) says what? | show 🗑
|
||||
| show | a) A licensing agency may order a psychologist examined to determine physical/mental fitness b) Failure to comply is grounds for suspension or revocation
🗑
|
||||
| show | 1) Penalties for continuing work when impaired include: a) revocation, b) suspension, c) probation, d) other action as deemed proper by the license agency. 2) No penalty shall be rescinded until evidence proves issues have been addressed
🗑
|
||||
| What do psychologists do when personal problems and conflicts (Ethics Code Standard 2.06) arise? | show 🗑
|
||||
| Confidentiality: Definition | show 🗑
|
||||
| Confidentiality appears where in California law? What do these laws emphasize? | show 🗑
|
||||
| show | a) LPSA applies to confidentiality of MH info in the public mental health system & the hospitalized, b) CMIA applies to all mental health professionals, c) When these two conflict, LPSA applies
🗑
|
||||
| What are psychologist requirements to breach confidentiality? | show 🗑
|
||||
| When can psychologist ethically disclose protected information about a client? (Standard 4.05: Disclosures)? | show 🗑
|
||||
| show | a) To provide needed professional services, b) To obtain appropriate professional consultations, c) To protect persons from harm, d) To obtain payment for services (limited to minimum necessary to get payment)
🗑
|
||||
| What are limitations to revealing confidential information when seeking consultation, according to Standard 4.06? | show 🗑
|
||||
| show | a) Privilege is AKA "testimonial privilege," b) It is a person's right to not have info revealed in a legal setting, c) Established by Evidence Code (EC) S1014 and B&PC S2918.
🗑
|
||||
| How does privilege compare to confidentiality and how does it apply? | show 🗑
|
||||
| What roles define the holder of privilege? | show 🗑
|
||||
| Who is the holder of privilege for minor clients? | show 🗑
|
||||
| Who has privilege in situations in which there are joint holders of privilege? | show 🗑
|
||||
| When can psychologist claim privilege for client? | show 🗑
|
||||
| show | a) When client OKs release of info, b) When a legal requirement for psychologist exists to breach confidence c) When the info has already been largely revealed by the client to a 3rd party, d) When a judge decides an exception to privilege applies
🗑
|
||||
| What are court- and prison-related examples of exceptions to privilege? | show 🗑
|
||||
| show | a) No privilege exists when client or therapist alleges breach of therapy duty, b) When client requests determination of own sanity or competence, c) When belief client is dangerous & disclosure needed to prevent harm, d) When a crime victim age <16
🗑
|
||||
| show | a) CA B&PC S2936 requires posting of notice in conspicuous place, b) HIPAA requires all clients receive Notice of Privacy Practices (NPP) prior to 1st therapy session and in office
🗑
|
||||
| What are three conditions in which a client may provide informed consent? | show 🗑
|
||||
| What are legal requirements of informed consent related to teletherapy? | show 🗑
|
||||
| show | Research, assessment, therapy, or consulting requires understandable language to be used to gain informed consent, except when mandated by law or regulation.
🗑
|
||||
| With regard to those incapable of consent, what are the ethical requirements for informed consent (Standard 3.10, Pt 2)? | show 🗑
|
||||
| What information is to be provided to court-ordered clients according to Standard 3.10, Pt. 3? | show 🗑
|
||||
| What is the ethical requirement for informed consent according to Standard 3.10, Pt 4? | show 🗑
|
||||
| show | a) Psychologists inform as early as possible about nature of therapy, fees, 3rd parties, and privacy limits, b) Inform clients of the developing nature of new/experimental techniques, risks, other Tx, voluntariness of participation, c) Tell about trainees
🗑
|
||||
| What are the exceptions to informed consent to therapy (Standard 9.03, Informed Consent in Assessments)? | show 🗑
|
||||
| What needs to be discussed regarding confidentiality and limitations on confidentiality (Standard 4.02)? | show 🗑
|
||||
| show | a) Standard 3.07 is guidelines for discussing confidentiality when a 3rd party has requested services, b) Requires clarification of the nature of therapist's relationship with each party, c) Applies to court-ordered and minor clients
🗑
|
||||
| What does Standard 3.11 require be provided related to confidentiality and third parties, and to whom is it provided? | show 🗑
|
||||
| show | Confidentiality may be breached in an EAP the same as in other contexts (after client signs authorization, danger to self/others)
🗑
|
||||
| show | a) Limited info may be provided to the employer when employer requests this evaluation of an employee's ability to perform. b) Employer has limited right to info, even when employee refuses to consent, c) CA Code details this procedure
🗑
|
||||
| show | a) Includes when info was obtained through employer-requested/paid health-care services, b) When info describes client limits entitling client to work leave, c) When info describes limits to fitness for duty, d) Cannot include cause of med limit
🗑
|
||||
| show | a) Facilitator must stress the importance of maintaining members' confidentiality, b) Must describe at outset roles and responsibilities of all parties, c) Periodic reminders to group are good strategy
🗑
|
||||
| show | Therapist must clarify at the outset of clinical work what "probable uses of the services provided" or info obtained during services may be.
🗑
|
||||
| show | a) Parents have a legal right to be informed of info revealed by a minor child, b) Best practice calls for agreement between all parties at start of therapy Re: types of info to be disclosed to parents, c) However, agreement might not be legally binding
🗑
|
||||
| show | a) Ownership is governed by law, b) Client owns contents of records even while therapist or organization owns the physical documents, c) Exercise of ownership is determined by laws related to confidentiality and mandatory reporting
🗑
|
||||
| show | a) Therapists are the stewards of the records they create, b) They facilitate services, c) Allow for replication of research, c) Meet institutional requirements, d) Ensure accuracy of billing/paying,
e) Ensure lawful compliance
🗑
|
||||
| How do psychologists handle client info to ensure confidentiality according to Standard 6.02? | show 🗑
|
||||
| show | Circumstances determine what to do, typically training staff and having an effective physical security system for info.
🗑
|
||||
| What are legal requirements for duration of record retention according to B&PC S2919? | show 🗑
|
||||
| show | This law requires outpatient health clinics and other agency entities keep records the same way as an individually licensed practitioner/psychologist
🗑
|
||||
| show | The record-keeping guidelines state psychologists keep records at least 7 years, but this recommendation is superseded by B&PC S2919, which are virtually identical
🗑
|
||||
| show | a) HIPAA's security rule and CA law both provide these guidelines. b) H&SC S123149 provides a number of the CA legal guidelines
🗑
|
||||
| show | Storage of records requires ensurance of safety and integrity of all media used for storage using offsite backup, or imaging capture mechanisms to copy signature docs
🗑
|
||||
| show | a) Hard copies may be destroyed if records are electronically stored in adequate fashion
b) Prints of electronic version = originals
🗑
|
||||
| show | a) Electronic records are to be made available to Division of Licensing, Certification staff upon request b) Electronic recordkeeping requires policies and procedures that include safeguards for confidentiality & unauthorized access and key authentication
🗑
|
||||
| Client access to records is addressed in what federal, state, and ethical regulations? | show 🗑
|
||||
| When considering client access to records, how do HIPAA law and CA law compare? | show 🗑
|
||||
| show | a) HIPAA regs Re: denial of access to records preempt CA law, b) CA law preempts HIPAA related to psychotherapy notes due to CA law being more favorable for clients
🗑
|
||||
| show | a) Deny a client access to his record if it is determined that access is likely to endanger life/safety; client given right to review the denial, b) CA law permits denial when deemed risk is high c) HIPAA preempts CA law, guides denial of client request
🗑
|
||||
| Client records, Client access to records: Psychotherapy notes where CA law preempts HIPAA regs Re: denial of access to records preempt CA law | show 🗑
|
||||
| What is required to provide a client access to their records ? | show 🗑
|
||||
| What is the difference regarding client access to records when comparing CA law and ethics code 6.03? | show 🗑
|
||||
| show | The Health and Safety Code specifies requirements regarding the time frame for responding to the request of a client for access to client's records
🗑
|
||||
| show | 1) Law (a) says the clinician must permit inspection of records within 5 working days following written request 2) Law (b) says provider must provide copy within 15 days after written request 3) CA law says a provider may choose how to prep a report
🗑
|
||||
| How do H&SC requirements differ from HIPAA requirements in how a therapist may respond to a client's request for their records? | show 🗑
|
||||
| show | a) When written summary received, provider has 10 working days to respond, b) Provider may need to notify client of any delays in response anticipated by provider
🗑
|
||||
| What is the definition of a "multiple relationship" and conflict of interest? | show 🗑
|
||||
| What is the general guideline regarding multiple relationships and conflicts of interest? | show 🗑
|
||||
| show | a) If a psychologist finds a harmful relationship arises, he takes reasonable steps to resolve it,
b) Psychologist keeps client's best interests in due regard, c) If required to fill more than 1 role, they clarify role expectations at outset
🗑
|
||||
| What does Ethics Standard 3.05 say about multiple relationships and conflicts of interest? | show 🗑
|
||||
| What does Ethic 3.05(c) say a therapist is to do to avoid multiple relationships and conflicts of interest in forensic settings? | show 🗑
|
||||
| show | 1) This Code Standard notes that we must refrain from taking a professional role when special interests/relationships impair our effectiveness/objectivity, or 2) When special interests expose professional relationships to harm/exploitation
🗑
|
||||
| According to Gottlieb, what three factors should be considered when following decision guidelines on the acceptability of a multiple relationship? | show 🗑
|
||||
| What is Decision Guideline 1: The Power Differential from the Decision-Making Guidelines? | show 🗑
|
||||
| What is Decision Guideline 2: The Duration of the Relationship from the Decision-Making Guidelines? | show 🗑
|
||||
| show | What is likelihood the individual will want added professional services? The greater the chance that either relationship will continue, the less acceptable the multiple relationship arrangement.
🗑
|
||||
| show | a) Early as possible, all parties agree to billing arrangements/compensation amount b) Fee practices are consistent with law c) No misrepresentation of fees is allowed d) If limited finances lead to limited services, this is to be made known promptly
🗑
|
||||
| What are the ethical guidelines (Standard 6.04) regarding the use of collection agencies? | show 🗑
|
||||
| show | Requires psychologists to work out agreements about fees and other financial matters with clients "as early as feasible."
🗑
|
||||
| What are the ethical guidelines about fixed and sliding scale fees? | show 🗑
|
||||
| show | Psychologist may temporarily waive or lower fee, schedule fewer appointments, or suspend therapy for a predetermined period. Never abandon the client; in an emergency one is obligated to continue until crisis is resolved.
🗑
|
||||
| What are the ethical guidelines about use of a collection agency? | show 🗑
|
||||
| show | Only essential info may be provided to the collection agency: Client's name, address, and amount owed.
🗑
|
||||
| show | a) Psychologists may initial legal proceedings to collect, in which the exception to privilege due to breach of duty in the relationship allows psychologist to disclose necessary info. b) Therapist not obligated to treat client who did not pay, may end Tx
🗑
|
||||
| What is the definition of and ethical guidelines for pro bono services? | show 🗑
|
||||
| What are the ethical guidelines about barter (Ethics standard 6.05)? | show 🗑
|
||||
| What is said in the ethics code about conditions in which barter is prohibited? | show 🗑
|
||||
| What are the ethical guidelines when considering bartering? | show 🗑
|
||||
| What are circumstances that are clearly contraindicated for bartering purposes? | show 🗑
|
||||
| When are referral fees ethical (Ethics Standard 6.07)? | show 🗑
|
||||
| show | Ethics Code allows contractors to pay a % of fee to a colleague when pay is within range of fair market value of services provided.
🗑
|
||||
| What is the Board of Psychology allowed to do by the B&PC law ruling on referral fees? | show 🗑
|
||||
| What are general legal and ethics guidelines related to insurance fraud? | show 🗑
|
||||
| Under what terms can a psychologist routinely waive insurance copayments? | show 🗑
|
||||
| What is the guideline related to billing for missed appointments? | show 🗑
|
||||
| What are the guidelines related to providing information to insurance companies? | show 🗑
|
||||
| show | a) Notify a client about kind and extent of info needed by insurance co during informed consent process/ limits to Tx required by insurance co. b) Psychologist should file appeal to Co. when they don't authorize needed Tx, then discuss options with clien
🗑
|
||||
| show | Psychologists make reasonable efforts to facilitate services in event of illness, death, retirement, client's relocation, financial limits, etc.
🗑
|
||||
| What is the response by a psychologist when there is an end of the psychologist's employment by an institution (Ethics Standard 10.09)? | show 🗑
|
||||
| show | a) Termination of therapy upon recognition that client no longer needs therapy. b) Terminate therapy when threatened/endangered by client or related 3rd party. c) Psychologists provide pre-termination counseling, suggest alternate providers where needed
🗑
|
||||
| What are treatment and goals-related therapy conditions necessitating termination? | show 🗑
|
||||
| What happens when there are threats to the therapist's safety? | show 🗑
|
||||
| What is expected regarding cooperation with other professionals per Ethics Code Standard 3.09? | show 🗑
|
||||
| show | a) therapist does not disclose confidential info that could lead to I.D. of those with whom they have a confidential relationship. b) Disclose info only as necessary for consultation
🗑
|
||||
| What is expected of a psychologist when starting therapy with clients who are already receiving services from other professionals per Standard 10.04? | show 🗑
|
||||
| Under what conditions can clients who are receiving services from other professionals begin seeing another therapist at the same time? | show 🗑
|
||||
| show | a) The best course of action is for therapist to discuss ethical obligations w/ client, find out why client is seeing another for the same Tx issue. b) If determined there's no benefit in seeing both, therapist informs client you should end Tx services
🗑
|
||||
| show | Legal requirements Re: how psychologists must I.D. themselves in ads and other public statements appear in CCR and B&PC regulations.
🗑
|
||||
| What are the legal requirements and limits regarding professional identification of one's license number? | show 🗑
|
||||
| What must a practitioner do when engaged in professional self-identification? | show 🗑
|
||||
| show | CA law prohibits misrepresentation of qualifications or purposes, citing only degrees completed and relevant to professional practice, i.e. no honorary degrees
🗑
|
||||
| show | If a registrant or licensee is guilty of unprofessional conduct or misrepresenting type or status of license held, board may suspend or revoke at will.
🗑
|
||||
| show | a) CA law states that advertising must not promote excessive or unnecessary use of psychological services. b) In advertising, no false or misleading claims can be made that suggest they are based in fact or make comparison to others' services
🗑
|
||||
| What are the essential guidelines related to advertising regarding false, fraudulent, or deceptive statements? | show 🗑
|
||||
| show | a) Spokespersons for the practitioner operate under the responsibility of the psychologist, who is accountable for what they say. b) No compensation can be offered for statements in news media. c) Paid ads must be clearly identified as such
🗑
|
||||
| show | When you place an ad describing ed programs, they must be ensured to be accurate in describing who they are aimed at, objectives to be obtained, presenters, & fees involved.
🗑
|
||||
| What are the advertising guidelines related to solicitation of testimonials (Ethics Standard 5.05)? | show 🗑
|
||||
| show | a) No uninvited solicitation of business from clients who are vulnerable. b) Does not preclude collateral contacts to benefit current client, provide disaster or outreach service. c) May give business card to those who ask for it or send a brochure
🗑
|
||||
| What are the media presentations guidelines according to Ethics Standard 5.04? | show 🗑
|
||||
| show | I need to take precautions when making public advice or comment via media to ensure statements do not indicate that a professional relationship has been established with the recipient of such media.
🗑
|
||||
| show | Minors under 18 years of age cannot consent to Tx except in legally defined situations, such as when they are emancipated
🗑
|
||||
| show | CFC 7050(e)(1) says a) An emancipated minor is an adult for purpose of consent. b) Such a minor is emancipated when validly married, on active duty with armed forces, or receives a declaration of emancipation from a court of law.
🗑
|
||||
| What is the definition of an emancipated minor? | show 🗑
|
||||
| show | In addition to consenting for own care, such minors may live where they want, apply for work, sign up for school, and be protected from statutory rape according to their actual age. They may not drive, drink or vote until the correct age.
🗑
|
||||
| show | H&SC law permits a minor who is at least 12 years old to consent to outpatient mental health Tx when professional believes minor is mature enough.
🗑
|
||||
| What is the role of clinical judgment related to consent to treatment by unemancipated minors? | show 🗑
|
||||
| show | If a parent is not included in the counseling by the minor or treating professional, that parent/guardian is not liable to pay for mental health services.
🗑
|
||||
| Under what conditions are there no waivers of guardian consent allowed for treatment of unemancipated minors? | show 🗑
|
||||
| show | The minor can only waive guardian consent when ALL H&SC law requirements are met, BUT ALSO when minor would present serious harm to self/others w/o those services; (Family legal code (FC) Section 6924 is more restrictive than that of H&SC law.
🗑
|
||||
| show | CA Family Code is more restrictive than H&SC law, in that a waiver of guardian consent to Tx also requires that the minor be an alleged victim of incest/child abuse.
🗑
|
||||
| show | A minor who is 12 or more years of age may consent to counseling related to Tx of drug or alcohol problems. However, this does not apply to narcotic replacement therapy w/o parent or guardian consent.
🗑
|
||||
| show | Consent guidelines for minors who cannot legally consent to their own mental health treatment include 8 different circumstances and conditions.
🗑
|
||||
| What are the eight conditions or circumstances in the Guidelines for Consent by parents/others for Tx of minors? | show 🗑
|
||||
| What is the consent guideline when a minor's parents are married? | show 🗑
|
||||
| show | a) Either parent may consent unless custody order contradicts this. b) Even when 1 parent must consent, get consent from both. c) If 1 parent refuses, therapist attempts to resolve with them or request court decision when Tx is in best interests of minor
🗑
|
||||
| show | a) Parent with sole custody may make mental health care decisions. b) If parent withdraws consent, no Tx for minor is allowed
🗑
|
||||
| What is the consent guideline when a minor's parents are unmarried? | show 🗑
|
||||
| show | Legal guardian has same rights as parent, has legal custody to give or deny consent to Tx.
🗑
|
||||
| show | a) Stepparent does not have authority to consent to Tx until legal adoption is accomplished. b) When adopted, stepparent has same authority as a bio parent.
🗑
|
||||
| What is the consent guideline when a minor is in the dependency system? | show 🗑
|
||||
| show | a) Caregivers who are relatives, are 18 years old & have completed/signed Caregiver's Authorization Affidavit may consent to Tx.
🗑
|
||||
| show | a) Minors are legally/ethically entitled to confidentiality. b) Therapist must balance parents' concerns Re: Tx against child's need to trust confidentiality of therapy. c) Discuss confidentiality at outset of Tx. d) If no agreement reached, then no Tx
🗑
|
||||
| show | A psychologist may breach minor client's confidentiality when required by law, i.e. when ordered to do so by court or in cases of child abuse.
🗑
|
||||
| show | a) H&SC states that minors may get copy of their records. b) Provider should not share these with parents/guardians w/o minor's authorization
🗑
|
||||
| What are parental rights and limits regarding access to minor’s records when these do not pertain to health care? | show 🗑
|
||||
| show | a) When refusing to disclose, provider must provide written reason for denial. b) Provider must permit inspection of records by a licensed physician, psychologist, or other professional designated by the patient.
🗑
|
||||
| show | a) H&SC S123115(a)(2), which applies only to minors who do not have legal permission to consent to their own Tx. b) Other regulations apply to denial of access by clients themselves, but not H&SC S123115(a)(2)
🗑
|
||||
| What is the law related to a non-custodial parent's right to access their child's confidential records? (FC S30125) | show 🗑
|
||||
| show | a) Both CA and HIPAA privacy rule (PR) require a patient's written authorization be obtained before disclosing. b) CA code also says a minor must sign whenever the minor could have legally consented to release of his own info
🗑
|
||||
| show | a) The 1974 ruling (the Tarasoff decision) established "duty to warn" intended victims of client dangerousness, but this was changed to "duty to protect" victim. b) I must warn him/her, notify police, take other reasonable steps. c) CA allows immunity
🗑
|
||||
| When a client is dangerous, what are my responsibilities for carrying out my duty to protect/warn? How do I determine a reasonably identifiable victim? | show 🗑
|
||||
| show | a) An imminent threat provides indication of the "seriousness" rather than degree of threatened violence b) Client's past history of violence to be considered. c) Context of current threats considered. d) Consulting is a good strategy to define "threat"
🗑
|
||||
| What is the extent of disclosure to protect confidentiality when carrying out my duty to warn/protect? | show 🗑
|
||||
| show | a) In 2004 the court expanded meaning of patient communication to include patient's immediate family. b) Court concluded family member may trigger duty to protect. c) Court defined "serious" & "physical violence" to mean "grave bodily injury," or mayhem.
🗑
|
||||
| What is the exception provision in the duty to warn/protect according to CA law? What does the added law in the Confidentiality of Medical Info Act (CMIA) more clearly cover? | show 🗑
|
||||
| show | a) Med info may be lawfully & ethically disclosed when therapist has good faith belief that disclosure is needed to prevent/lessen imminent threat to health/safety of a forseeable victim. b) May be disclosed to person(s) reasonably able to help the victim
🗑
|
||||
| What are situations in which a therapist's duty to protect a client does not apply? | show 🗑
|
||||
| show | a) When an HIV+ client says he is sharing needles, engaging in unprotected sex w/ identifiable partner is a grey area. b) CA law protects doctors when notifying sex/needle-sharing partners c) No such law protects therapists.
🗑
|
||||
| What does CA law say about HIV+ persons infecting others and what can a therapist do related to warn/protect others? | show 🗑
|
||||
| What are some initial options for therapists related to client HIV+ transmission risks? What liability does the therapist have? | show 🗑
|
||||
| show | If therapist believes client's danger to others is mental in origin, therapist may involuntarily hospitalize the client.
🗑
|
||||
| show | a) I may decide to breach confidentiality to protect victim. b) Before this, explain decision to client, try to get consent. c) If no consent, I may be charged w/ misconduct, face legal action by client. d) Consult w/ colleague to determine best course
🗑
|
||||
| What are the conditions for involuntary commitment/ conservatorship of a client? | show 🗑
|
||||
| When should a client be considered for involuntary commitment? | show 🗑
|
||||
| show | a) Lanterman-Petris-Short Act. b) Commitment begins w/ 72-hour hold ("5150"). c) May be followed by 14-day hold ("5250"). d) Possibly followed by postcertification holds.
🗑
|
||||
| show | a) Specifies conditions for 72-hour hold. b) Says county-designated professionals, peace officers, certain members of crisis team, or staff of county-designated facility, may on probable cause take person into custody, place in CA-approved facility.
🗑
|
||||
| show | a) This is similar to WIC S 5150. b) If a person is a danger to others or gravely disabled and needs Tx, he may be detained in Tx facility for 72-hour Tx and eval.
🗑
|
||||
| show | a) A condition in which a person is unable to provide for basic personal needs as a result of mental disorder. b) A condition in which person found mentally incompetent and is facing charges involving death, great bodily harm, serious threat to well-being
🗑
|
||||
| What are legal/court conditions defining "gravely disabled" in adults? | show 🗑
|
||||
| What are conditions defining "gravely disabled" enough to be involuntarily committed in alcoholic adults? | show 🗑
|
||||
| What is the legal definition of "mental disorder" related to involuntary hospitalization? | show 🗑
|
||||
| show | Anyone may initiate an involuntary hold (psychologist or lay-person), but only police officers, attending staff of county facility, designated county mobile crisis team members, or other designated county professionals institute this.
🗑
|
||||
| show | a) Admission requires evaluation ASAP, receipt of Tx as required during entirety of hold. b) Release occurs prior to 72 hours only if psychiatrist deems appropriate. c) Disagreements over release time are referred to the facility medical director.
🗑
|
||||
| What are facility release procedure requirements and alternatives after 72-hour holds? | show 🗑
|
||||
| When does the law allow the involuntary commitment/ conservatorship to be extended by an additional 14 days? | show 🗑
|
||||
| When may an involuntary commitment / conservatorship be extended by an additional14-day hold? | show 🗑
|
||||
| show | a) a notice of certification be signed by two people (evaluating psychologist & those in charge of the facility/agency providing evaluation) and, b) a copy of the notice be delivered to the certified person or his official representative.
🗑
|
||||
| By law, what must a person being committed for 14 additional days be informed about? | show 🗑
|
||||
| What is an involuntary commitment and certification review hearing, and what is its time frame? What are the person's rights about such review hearings? | show 🗑
|
||||
| Where is an involuntary commitment judicial review hearing held? | show 🗑
|
||||
| show | No transfer from one county to another is allowed once request for review is sought. An evidentiary hearing is to be held within two judicial days after petition is filed.
🗑
|
||||
| show | Facility must do one of these: a) release individual, b) refer individual for voluntary Tx, c) certify individual for added involuntary Tx (initiate post-certification hold), or d) begin the process of appointing a conservator.
🗑
|
||||
| What does a post-certification hold (following a 14-day hold) depend upon? | show 🗑
|
||||
| show | A second 14-day hold can be provided for suicidal behavior that occurred during or prior to the initial 14-day hold or 72 hour evaluative period prior to that.
🗑
|
||||
| show | Although not required for this hold, a person may request a habeas corpus hearing at any time during the 14 days, then must: a) be released, b) referred for voluntary Tx, or c) begin process of appointing conservator.
🗑
|
||||
| How does the decision get made on when a patient may be released from involuntary commitment and postcertification hold? | show 🗑
|
||||
| show | Person may be certified for added period of intensive Tx of 30 days or less under both of these conditions: a) staff at facility find person is gravely disabled, & b) person is unwilling/unable to voluntarily attend Tx
🗑
|
||||
| According to CA law, what is one reason that 180 added days of involuntary commitment may be imposed upon someone in a postcertification hold? | show 🗑
|
||||
| When may a person be subject to an additional 180 days of involuntary hold? | show 🗑
|
||||
| show | a) DA must file a petition with court, b) court hearing takes place within 4 days after filing of petition, or 10 days if jury trial requested, c) Client has right to request habeas corpus hearing at any time
🗑
|
||||
| show | At end of 180 days, facility must a) release person, b) refer person for voluntary Tx, or c) file new petition to certify person for Tx an an imminently dangerous person
🗑
|
||||
| What is the process for imposing a conservatorship upon a person who is a danger to self or others? | show 🗑
|
||||
| show | CA law clarifies this term by saying a person is not so disabled if person can survive safely w/o detention, receiving help from responsible family, friends, others who are willing and able to help with basic needs
🗑
|
||||
| What are the limits on defining someone as gravely disabled related to the role of family's, friends', others' willingness to help? | show 🗑
|
||||
| What is the time frame of, and requirements for, conservatorship, and release from conservatorship, for the "gravely disabled"? | show 🗑
|
||||
| show | When progress review determines goals of Tx are reached & person no longer gravely disabled, conservatorship shall be terminated by the court
🗑
|
||||
| Who is authorized to involuntarily commit a minor? | show 🗑
|
||||
| Who must be notified of the involuntary commitment of a minor? | show 🗑
|
||||
| show | Unable to utilize elements essential to life, health, safety, development, even when provided by others. MR, epilepsy, dev disability, alcohol/drug abuse, antisocial behavior are not mental disorders for purposes of this definition
🗑
|
||||
| What is the procedure, including informed consent, for involuntary commitment of minors? | show 🗑
|
||||
| What are limits of informed consent related to the involuntary commitment of minors (guardian/parental consent unavailable)? | show 🗑
|
||||
| What are child abuse reporting requirements? | show 🗑
|
||||
| What is the child abuse reporting procedure? | show 🗑
|
||||
| show | This means that it is objectively reasonable for a person to feel suspicion, based upon facts, training, experience, to suspect abuse/neglect.
🗑
|
||||
| show | When 2+ mandated persons agree abuse is happening, just 1 person will make the report by mutual agreement. If failure to report occurs, anyone may and should make the report.
🗑
|
||||
| show | CA law distinguishes between various types: a) Physical abuse comprised of injury or death resulting from an incident not including affray with a peer, and b) Sexual abuse comprised of assault or exploitation, including rape, incest, sodomy, lewd acts
🗑
|
||||
| What are the types of child sexual exploitation? | show 🗑
|
||||
| No report is needed about child sexual abuse when? | show 🗑
|
||||
| show | Report is needed when: a) Client is ages 11-13 and perpetrator is ages 14-22+, b) Client is ages 14-18 and partner is ages 12-13, c) Client is ages 14-15 and perpetrator is ages 21-22 years. These are non-consensual ages for sexual intercourse.
🗑
|
||||
| show | Reporter must report when minor is less than 18 years old and reasonable suspicion is present, while lewd/lascivious acts are always reported regardless of consent when client is under 14 years of age and partner is 14+ years old.
🗑
|
||||
| How old might the partner be when reporting child sexual abuse upon reporter's suspicion of non-consensuality when client is 14 or 15 years of age? | show 🗑
|
||||
| What is the definition of reportable child abuse & willful harm or injury? | show 🗑
|
||||
| show | Willful infliction of cruel/inhuman corporal punishment or injury upon any child that results in trauma.
🗑
|
||||
| What is not considered unlawful corporal punishment or injury? | show 🗑
|
||||
| show | a)Negligent Tx of a child by the person responsible for child in conditions indicating harm/threats of harm to child, b) Includes omissions & acts, c) distinguishes between severe neglect & general neglect, d) Does not include religious reasons for non-Tx
🗑
|
||||
| show | Negligent failure of a child's custodian to provide adequate food, clothing, shelter, med care, or supervision where no physical injury occurred
🗑
|
||||
| What is the definition of reportable severe neglect of a child? | show 🗑
|
||||
| When is leaving a child unsupervised not necessarily neglect? | show 🗑
|
||||
| show | Psychologists may, are not required to, report such damage when knowledge or reasonable suspicion exists that a child is at risk of suffering serious emotional damage as evidenced by states of being or behavior (severe anxiety, depression, aggressive)
🗑
|
||||
| show | Members of such a team may freely exchange info with one another: a) Re: incidents of child abuse if a team member believes info is relevant to cases of child abuse or child welfare services. b) without fear that such discussion could be used in court
🗑
|
||||
| show | a) Mandated reporters have immunity even when info or suspicion of abuse was acquired outside professional capacity or scope of work. b)Non-mandated reporters may be subject to non-immunity if found to make false or reckless reports when reports proven so
🗑
|
||||
| What general penalties are there for mandated reporters' failure to make a required report? | show 🗑
|
||||
| show | Intentionally concealing failure to report an incident known by a reporter of abuse/severe neglect is a continuing offense.
🗑
|
||||
| show | A mandated reporter who fails to report abuse or neglect resulting in death or severe injury of a child is punishable by jail, fine of $5,000.00, or both.
🗑
|
||||
| show | a) Reporters find it is best to advise a client of intent to make a report, unless belief exists that client could become violent, etc. b) Such notice can be made via office policy form before therapy begins, followed by a simple reminder at time of repor
🗑
|
||||
| show | a) For abused victims who are now 18 or more, reporter is not required to report about their past abuse. b) Be alert that the victim's abuser may still be abusing, & if suspicion arises to make the report. c) Anonymous calls to CPS for guidance may help
🗑
|
||||
| show | a) Psychologist may advise client to file assault charges or initiate civil action for damages, b) Particularly when empowering client this way is therapeutic c) Inform client of potential negative consequences of such action d) Client decides
🗑
|
||||
| How does a reporter responsibly address cultural issues related to reporting child abuse? | show 🗑
|
||||
| show | When learning of abuse from a 3rd party, a report must be made if the information was learned about in a professional capacity (during therapy, consultation, etc.)
🗑
|
||||
| What are report requirements related to older and dependent adult abuse? What ages are elders and dependent adults for purposes of reporting abuse? | show 🗑
|
||||
| show | Persons with physical, developmental, age-related-decline disabilities, or who is admitted to a 24-hour health facility as an inpatient.
🗑
|
||||
| show | During his professional capacity, reporter has observed, has knowledge of, or been told of behavior, acts, omissions that constitute physical abuse, abandonment, abduction, isolation, financial abuse or neglect shall report by telephone or internet.
🗑
|
||||
| show | a) When abuse is suspected, telephone or confidential internet reporting tool is used as soon as practicably possible, if not immediately. b) Written report must follow if first report by telephone within 2 working days.
🗑
|
||||
| What locations of adult abuse determine particulars of a report? | show 🗑
|
||||
| show | a) physical abuse with serious bodily injury; b) physical abuse w/o serious bodily injury, c) physical abuse w/o serious bodily injury believed caused by resident with Dx of dementia, d) non-physical abuse, e) all other types of abuse.
🗑
|
||||
| When, where, how, and to whom does a mandated reporter report the abuse of an adult when serious bodily injury occurs at a non-state, long-term care facility? | show 🗑
|
||||
| When, where, how, and to whom to report physical abuse when no serious bodily injury occurring at non-state, long-term care facility? | show 🗑
|
||||
| When, where, how, and to whom to report physical abuse when no serious bodily injury caused by resident with Dx of dementia occurring at non-state, long-term care facility? | show 🗑
|
||||
| show | Phone call to local ombudsman or law agency immediately, written report to local ombudsman or local law agency within 2 working days.
🗑
|
||||
| show | Phone call to designated investigators of State Dept. of Hospitals or Developmental Services, or to local law enforcement immediately, written report to designated investigator or local law enforcement within 2 working days
🗑
|
||||
| show | Phone call to adult protective services or local law agency immediately, written report to adult protective services or local law enforcement agency within 2 working days
🗑
|
||||
| What is the exception to reporting abuse of elder and dependent adults? | show 🗑
|
||||
| When do you report elder / dependent spousal / partner abuse? | show 🗑
|
||||
| show | CA law distinguishes between physical abuse, abandonment, abduction, isolation, financial abuse, and neglect.
🗑
|
||||
| show | Assault, battery, assault w/ deadly weapon or force likely to produce great bodily injury, unreasonable constraint, prolonged / continual deprivation of food/water, sexual assault, use of physical or chemical restraint, psychotropic med for punishment
🗑
|
||||
| What is the definition of elder and dependent adult abandonment? | show 🗑
|
||||
| show | Removing elder or dependent adult from CA, restraining them from returning to CA when they do not have capacity to consent, nor do their conservator, nor the court consent to removal or restraint.
🗑
|
||||
| show | Deliberately preventing elder/dependent from receiving mail, phone calls, telling callers/visitors that elder/dependent isn't present, doesn't want to talk in order to prevent elder from having contact, false imprisonm,ent,
🗑
|
||||
| show | Physical restraint is a form of isolation to prevent meetings with visitors.
🗑
|
||||
| What are legal exceptions to elder and dependent adult isolation? | show 🗑
|
||||
| show | When someone takes, secretes, appropriates, retains, or assists others to do this in regard to real or personal property of elder/dependent for a wrongful use or intent to defraud.
🗑
|
||||
| show | Negligent failure of a carer or custodian to exercise degree of care a reasonable person would provide in that position.
🗑
|
||||
| show | Includes failing: a) to assist in personal hygiene, b) to provide food, clothing, shelter, or necessary physical/mental health care, or c) to protect adult from health/safety hazards, malnutrition, dehydration.
🗑
|
||||
| show | Self-neglect as a result of impaired cognitive functioning, mental limitation, substance abuse, or chronic health problems can be reportable if not addressed by responsible carer/custodian of the individual.
🗑
|
||||
| show | CA law allows mandated reporter to make a report when reasonable suspicion is present that types of non-mandated elder or dependent adult abuse are occurring that may affect well-being, including emotional well-being
🗑
|
||||
| When reporting adult abuse, confidential info may only be disclosed to whom? | show 🗑
|
||||
| What are the limits to sharing confidential info about adult abuse? | show 🗑
|
||||
| What are the limits of immunity from liability for making a required report of adult abuse? | show 🗑
|
||||
| show | CA law describes criminal penalties imposed on mandated reporters failing to make required reports: failure to report, impeding/inhibiting reporting is a misdemeanor punishable by up to 6 months jail, $1,000.00
🗑
|
||||
| What is the liability / penalty for failing to make a required report that results in death / injury of an adult? | show 🗑
|
||||
| What sorts of legal liability pertain to therapists' sexual relations with clients? | show 🗑
|
||||
| What are types of sexual misconduct that constitute illegal exploitation, and what role does the client play in this exploitation? | show 🗑
|
||||
| What are the penalties pertaining to sex exploitation of clients? | show 🗑
|
||||
| show | If 2+ acts with 1 victim, then prison for 16 months up to 3 years, fine not more than $10,000 or jail for up to 1 year, fine not more than $1,000, or both
🗑
|
||||
| show | If 1+ acts with 2+ victims, then prison for 16 months to 3 years, and also a fine of up to $10,000. This is the only penalty that demands both prison time and the fine be imposed, all other sentences involve one, the other, or both.
🗑
|
||||
| What does the law generally state about cause of action related to sex relations with clients & civil liability? | show 🗑
|
||||
| show | 1) contact occurred during period client received therapy. 2) Within 2 years of termination. 3) By means of therapeutic deception
🗑
|
||||
| show | CA business/professions law states that any act of sexual misconduct . . . substantially related to qualifications, functions, duties of psychologist is unprofessional and subject to disciplinary action.
🗑
|
||||
| show | The Ethics Code includes guidelines about sex with clients or their relatives, therapy with former sex partners, and sex with students/supervisees.
🗑
|
||||
| What does the Ethics Code say about sexual intimacy w/ current clients? | show 🗑
|
||||
| show | a) No sexual intimacies with former clients for 2 years after cessation. b) No sexual intimacies with former clients except in the most unusual circumstances.
🗑
|
||||
| show | 1) amount of time passed since cessation; 2) nature, duration, intensity of therapy, 3) circumstances of termination, 4) client's personal history, 5) client's current mental state, 6) likelihood of adverse impact, 7) statements/actions by therapist
🗑
|
||||
| show | Therapist is responsible for demonstrating that any statements or actions made by the therapist during the course of therapy suggesting or inviting possibility of a posttermination sexual or romantic relationship with the client are not now exploiting her
🗑
|
||||
| What does the Ethics Code state pertaining to sex intimacy w/ client's relatives & acquaintances? | show 🗑
|
||||
| What does the Ethics Code state pertaining to therapy with former sex partners? | show 🗑
|
||||
| show | Ethics Code states we are not to engage in such relationships with these persons when they are in our department, agency, training center, or whenever we have a likelihood of evaluative authority.
🗑
|
||||
| show | When a therapist learns a colleague has had sexual relations with a therapy client, the therapist must take steps to protect the client
🗑
|
||||
| What is the ethical duty of a therapist who learns via report by the client that sex has been happening between a colleague and a client or minor client? | show 🗑
|
||||
| show | If a client was an adult when sex occurred, no information should be revealed to reporting agencies without signed consent.
🗑
|
||||
| show | a) I need to carefully weigh implications of taking action. b) Review Ethics Code Standards 1.04 and 1.05. c) It may be possible to resolve informally through persuasion of colleague. d) No complaint possible if it violates client's confidentiality.
🗑
|
||||
| What are the limits of informal resolution for a colleague when sexual intimacies reported by a colleague as happening between the colleague and a client? | show 🗑
|
||||
| show | Professional practice within any sub-discipline of psychology when applying scientific, technical, or specialized knowledge of psychology to law assisting in addressing legal, contractual and administrative matters.
🗑
|
||||
| How do the Guidelines for Forensic Psychology distinguish between forensic and non-forensic practice of psychology? | show 🗑
|
||||
| What is the definition of an expert witness? | show 🗑
|
||||
| show | A person who testifies as to what was seen, heard, otherwise observed regarding a circumstance, event, occurrence as it took place. They are generally not allowed to offer opinion, issues they don't have personal knowledge of, or hypothesize
🗑
|
||||
| show | a) Testimonial privilege may be waived by client, doesn't apply in certain legally defined situations. b) When appointed by court to evaluate client, privilege does not apply in that court.
🗑
|
||||
| show | No therapeutic relationship privilege exists in a court proceeding attempting to establish client's emotional condition when client raised this as an issue at stake in the court case.
🗑
|
||||
| What are the limits of privilege related to determination of state of mind in a courtroom? | show 🗑
|
||||
| What are the requirements of privilege related to forensic psychologist ethical behavior according to Specialty Guidelines for Forensic Psychology? | show 🗑
|
||||
| show | When an individual is ordered to undergo Tx but goals of Tx are determined by legal authority instead of the client, forensic practitioner informs client of nature and purpose of Tx, and limits on confidentiality/privilege
🗑
|
||||
| show | a) Forensic practitioners using case materials for teaching, training, research strive to present info in a fair, balanced, respectful manner. b) They attempt to protect privacy by disguising personally identifiable info who claim privacy interest
🗑
|
||||
| show | The forensic practitioner uses only aspects of case materials available in public domain, or else obtain consent from clients and organizations to use the materials for teaching, research, training, etc.
🗑
|
||||
| show | When psychological services are court ordered or mandated, we inform client of nature of anticipated services, including court-ordered nature of service and limits of confidentiality. Usually, client signs release of information ahead of time.
🗑
|
||||
| What is required related to informed consent according to Specialty Guidelines for Forensic Psychology? | show 🗑
|
||||
| What do we do about informed consent when a forensic examinee is unwilling to consent? | show 🗑
|
||||
| What do we do when attempting to conduct an exam over the objection of the examinee? | show 🗑
|
||||
| show | When the client lacks capacity for consent, we provide an appropriate explanation, seek client's assent, and obtain permission from legally authorized party as permitted or required by law.
🗑
|
||||
| What is the definition of insanity in relation to the insanity defense? | show 🗑
|
||||
| show | a) In a criminal proceeding/juvenile court as well, if a plea of not guilty by reason of insanity, the defense shall be found only when accused proves by a preponderance of evidence incapability of knowing/understanding nature and quality of his action
🗑
|
||||
| show | This defense shall not be found on the sole basis of a personality disorder, adjustment disorder, seizure disorder, or addiction to, abuse of, or intoxication by substances.
🗑
|
||||
| What are two types of subpoenas in a court setting? | show 🗑
|
||||
| show | Judges, court clerks, and attorneys for plaintiffs or defendants may issue subpoenas
🗑
|
||||
| Where can we find guidance on how to respond to subpoenas? What records, tests, other info can we get guidance about? | show 🗑
|
||||
| show | Determine if subpoena is a legally valid demand. If court doesn't have jurisdiction over psychologist, or subpoena improperly served: not valid. Formal response required if valid, but 1st contact client to discuss.
🗑
|
||||
| show | After discussion with client, if no objection from client and no other reason to withhold info, provide requested info. If client doesn't consent, negotiate w/ party issuing subpoena. If demand continues, seek informal guidance from court w/ a letter
🗑
|
||||
| show | If client doesn't want info released and ongoing demand is made from subpoenaing party for info, have attorney file motion to quash or file motion for a protective order.
🗑
|
||||
| show | a) Psychologist should claim privilege on client's behalf, refuse to provide info until court-ordered to do so. b) This is consistent w/ CA laws EC S1014(c) & S1015.
🗑
|
||||
| show | a) After failure to modify or have court order vacated, comply w/ order, avoid contempt of court. b) Release to court only info relevant to case, & present in sealed envelope marked "confidential."
🗑
|
||||
| Malpractice defined | show 🗑
|
||||
| What are the 4 conditions for a claim of malpractice to be brought against us? | show 🗑
|
||||
| show | If the aggrieved client can demonstrate that both the other 3 conditions and psychologist's breach of duty within the context of the standard of care was to blame for the person's harm or injury, a malpractice claim can go forward.
🗑
|
||||
| show | 1) Award of compensatory damages to restore plaintiff to pre-harm condition. 2) Nominal damages when harm cannot be translated into monetary terms. 3) Punitive damages to penalize us, usually awarded only when reckless, malicious, or willful acts present
🗑
|
||||
| show | 1) Be familiar with legal/ethical standards. 2) Keep detailed, well-organized records.
🗑
|
||||
| show | a) CA Board established in 1958, part of Department of Consumer Affairs. b) Purpose: to ensure professions impacting public health, safety, welfare are adequately regulated to protect the public.
🗑
|
||||
| show | a) Board establishes minimum qualifications, levels of competency for us. b) License persons after determining they possess requisite skills/qualifications to be safe & effective. c) I.D. practitioners & ensure performance at established standards.
🗑
|
||||
| show | a) Board provides means to redress grievances thru investigation of allegations of unprofessional conduct, fraud, incompetence, & unlawful activity. b) Conduct periodic checks of professionals to ensure compliance with CA code.
🗑
|
||||
| show | Specified in Business & Professional Code & CA Code of Regulations
🗑
|
||||
| What are some legal requirements for licensure as a psychologist? | show 🗑
|
||||
| What are coursework topics currently legally required to be licensed? | show 🗑
|
||||
| show | If licensed in another state, such a psychologist may practice for up to 30 days in any calendar year.
🗑
|
||||
| show | a) Must pass board's supplemental licensing exam. b) Must have been licensed for at least 5 years in another state. c) After applying in CA for licensure, or establishing residence in CA, may practice without license for up to 180 calendar days.
🗑
|
||||
| show | a) When in the judgment of the board, applicant has already demonstrated competence in areas covered by exams. b) Applicant is a diplomate of the American Board of Professional Psychology
🗑
|
||||
| show | Employed by a licensed psychologist, certified psychiatrist, mental health clinic under a contract to CA, a psychological corporation, CA licensed psychology clinic, or medical coporation.
🗑
|
||||
| show | PAs can perform limited functions only if: a) termed a PA. b) Has a master's degree in psychology or education. c) Been admitted to candidacy for doctorate in psych. d) Completed 3 or more years of postgrad ed in psych & passed prelim exams. e) PhD degree
🗑
|
||||
| show | a) PA must at all times be under immediate supervision of a licensed psychologist or psychiatrist. b) The supervising entity must register the assistant with the board. c) Registration must be renewed annually
🗑
|
||||
| show | Three PAs at any given time by a psychologist, one PA at any given time by a psychiatrist.
🗑
|
||||
| What are a PAs limitations in working for the public in a capacity as an employee of a licensed psychologist? | show 🗑
|
||||
| What qualifications are required to be a registered psychologist? | show 🗑
|
||||
| show | The supervisory staff required for a registered psychologist is a licensed psychologist.
🗑
|
||||
| show | CA law defines SPE as organized programming with planned, structured, administered sequencing of professional supervised comprehensive training.
🗑
|
||||
| show | a) Logical training sequence, builds on skills and competencies. b) Includes only time spent engaged in psychological activities that prep trainee for practice. c) SPE does not include clerical activity
🗑
|
||||
| What is the time needed for supervised professional experience (SPE)? | show 🗑
|
||||
| How does one receive predoctoral supervised professional experience (SPE)? At what kind of settings? | show 🗑
|
||||
| show | a) Formal postdoc training program accredited by APA or APPIC, b) Registered psychologist, c) employee of exempt setting, d) PA registered at board, e) pursuant to Dept. of Mental Health Waiver
🗑
|
||||
| What are the time requirements for supervision for SPE? | show 🗑
|
||||
| What are the primary supervisor requirements for supervision for SPE? | show 🗑
|
||||
| What is a supervisor's plan to protect client in emergency for? | show 🗑
|
||||
| show | SPE accrued under another license isn't credited toward requirements for psychology license.
🗑
|
||||
| show | SPE cannot be obtained for payment to a supervisor in exchange for supervision.
🗑
|
||||
| Can supervisees have a proprietary interest in their supervisor's business? | show 🗑
|
||||
| show | 1) Name and signature of the primary supervisor, 2) Name and signature of the trainee, 3) Statutory authority under which trainee will function, 4) Start date and anticipated completion 5) Duties, 6) Address of location duties will be performed, 7) goals
🗑
|
||||
| A written weekly log of SPE includes what? | show 🗑
|
||||
| show | 1) Delegated supervisor's name, license & #, & date signed, 2) description of duties performed during SPE, and 3) Statement signed by primary supervisor attesting to information's accuracy.
🗑
|
||||
| show | a) Qualifications and responsibilities are specified in CA law, saying "all primary supervisors are licensed psychologists or a board certified psychiatrist.
🗑
|
||||
| In what way may a psychiatrist qualify and act as a Primary Supervisor to a registered psychological assistant? | show 🗑
|
||||
| What training is necessary for qualifying Primary Supervisors of a PA or psychological intern? | show 🗑
|
||||
| show | 1) Must monitor welfare of trainee's clients, 2) Monitor performance & professional development of trainees, 3) Make sure each client knows trainee is unlicensed & supervised, supervisor has access to client's records, & fees paid go to the supervisor
🗑
|
||||
| What are the Primary Supervisor's boundaries and limits related to supervising trainees? | show 🗑
|
||||
| show | 1) Primary supervisors may delegate supervision to other qualified psychologists or other licensed mental health professionals, 2) Primary supervisor has to spend at least 1 hour per week of face-to-face supervision with trainee
🗑
|
||||
| Who may provide basic supervision requirements for interns, registered psychologists, and PAs? | show 🗑
|
||||
| show | Applies to Psych intern, psych ass't, and registered psychologists
🗑
|
||||
| show | Applies to Psych intern, psych ass't, and registered psychologists
🗑
|
||||
| Who may the supervisor supervise when primary supervisor must provide minimum 1 hour individual, face-to-face supervsion weekly? | show 🗑
|
||||
| show | Applies to Psych intern, psych ass't, and registered psychologists
🗑
|
||||
| show | No limit on numbers of psychological interns, 3 psych ass't per psychologist, 1 psych ass't per psychiatrist, no limit on numbers of registered psychologists
🗑
|
||||
| show | 1) Such actions are usually confidential, imposed for minor violations. 2) May include letter of warning, educational review, citations & fines (although these latter may be available to the public.)
🗑
|
||||
| What are some of the Board of Psychology disciplinary actions? | show 🗑
|
||||
| What are the Board of Psychology's actions undertaken to punish unprofessional conduct? | show 🗑
|
||||
| show | 1) Conviction of a crime related to psychology, 2) Use of controlled substances until it causes a danger or impairs ability to perform work, 3)Fraudulently or neglectfully misrepresenting type of license held, 4) Impersonation of a license holder,
🗑
|
||||
| show | 1) Use of fraud or deception in applying for license or passing license exam, 2) Paying compensation for referral of clients, 3) Making false/misleading statements about one's services, 4) Unauthorized, willful communication Re: confidential info
🗑
|
||||
| show | 1) Gross negligence, 2) Abetting unlawful practice of psychology, 3) Being suspended/revoked by another state or country, 4) Fraud, 5) Sexual abuse/misconduct, 6) beyond scope of competence, 7) Failure to provide verification of SPE to board, 8) Negligenc
🗑
|
||||
| What is mandatory continuing education (CE) & acceptable courses for CE? | show 🗑
|
||||
| show | CA law defines the hour value for CE courses, stating: 1) One hour CE credit for each hour of approved instruction. 2) One 3-unit academic quarter = 10 hours CE, one 3-unit academic semester = 15 hours CE.
🗑
|
||||
| How does mandatory continuing education (CE) credits work when teaching a course? | show 🗑
|
||||
| show | 1) Only CE for number of months license in effect, including month license was issued. 2) Rate of 1.5 hours of CE per month.
🗑
|
||||
| How does mandatory continuing education (CE) & independent learning work? | show 🗑
|
||||
| What is the definition of independent learning as it relates to mandatory continuing education (CE)? What does independent learning include? | show 🗑
|
||||
| show | 1) Require 36 hours of approved CE per 2 years. 2) Independent learning can be used to meet no more than 75% (27 hours) of continuing ed in each renewal cycle.
🗑
|
||||
| show | 1) During inactive status, psychologist exempt from CE requirements. 2) To activate inactive license, submit evidence of completion of 36 hours qualifying CE courses for the most recent two-year period. 3)
🗑
|
||||
| show | 1) Within 3 years of expiration of license, applicant can provide documentation of required hours of CE. 2) After 3 years of delinquency, license is automatically cancelled, unless a board waiver is pursued by applicant.
🗑
|
||||
| What are required courses for mandatory continuing education (CE) and initial requirements for licensure? | show 🗑
|
||||
| show | 1) Formal coursework from accredited ed institution, 2) approved CE course; 3) Workshops in laws and ethics; 4) Grand rounds, professional association presentation, & other experience providing direction & ed in laws & ethics
🗑
|
||||
| show | These may be granted by the Board following written verification during 2 years prior to expiration date of license, that: 1)Resident in another country or state, 2) Engaged in active military service, or ?
🗑
|
||||
| What are exemptions from mandatory CE requirements due to health considerations? | show 🗑
|
||||
| What happens when non-completion of mandatory CE? | show 🗑
|
||||
| What are the APA's Ethics Code and the four sections of the code? | show 🗑
|
||||
| How can the APA Ethics Code Preamble and General Principles be best described? | show 🗑
|
||||
| How can the APA Ethics Code Standards best be described in general terms? | show 🗑
|
||||
| show | 1) This states that APA membership commits members and student affiliates to comply with APA Ethics Code standards, rules, and procedures used to enforce them. 2) Lack of awareness or misunderstanding of a Standard is not itself a defense to a charge
🗑
|
||||
| Describe the APA Ethics Code & Introduction statement in general terms. | show 🗑
|
||||
| show | 1) Psychologists are expected to cooperate with ethics committee in investigations, proceedings, and requirements of APA or affiliated state associations. 2) Failure to cooperate is an ethics violation, although deferment is not alone noncooperation
🗑
|
||||
| show | 1) These violations are handled by the Ethics Committee or other entities such as state licensing board, courts, etc. 2) Violations by nonmembers are not within APA pervue, are handled by other entities.
🗑
|
||||
| show | 1) Complaints again APA members are evaluated by Committee Chair & Director of Ethics Office. 2) Determination of whether breach of ethics occurred warranting added consideration. 3) Complaints considered only within 3 years of occurrence or 5 years
🗑
|
||||
| What are some common Ethics Committee recommendations of action on investigated complaints? | show 🗑
|
||||
| What are Ethics Committee recommendations of action on violations that are likely to cause substantial harm? | show 🗑
|
||||
| show | Directives include: 1) cease & desist from activity; 2) obtain supervision or added training or ed; 3) Be evaluated for and possibly receive Tx; 4) Agree to probationary monitoring; 5) Take corrective action; 6) Educative letter issued by Committee
🗑
|
||||
| What are the Ethics Committee guidelines for improper complaints & unfair discrimination against complainants? | show 🗑
|
||||
| show | 1) This encourages psychologists to handle ethical violations informally, discussing matter with an offender. 2) In other cases a formal report is made to Ethics Committee, license board, or other authority when substantial harm is present
🗑
|
||||
| How does client confidentiality affect responses to ethical violations & complaints against colleagues? | show 🗑
|
||||
| show | 1) Each psychologist must determine what action is most appropriate to take. 2) Each psychologist must determine if a violation involves substantial harm, including what the substantial harm is.
🗑
|
||||
| Notice of Privacy Practices (NPP) must include what in the office? | show 🗑
|
||||
| show | HIPAA's security rule applies to those electronically transmitting or maintaining clients' health info
🗑
|
||||
| show | a) A psychologist may provide services to ensure service not denied when otherwise not available, b) Then discontinue services as soon as emergency is over or expert services are available
🗑
|
||||
| show | When the FBI (via the Patriot Act) demands certain info about a client.
🗑
|
||||
| When may the psychologist share a client's information in court? | show 🗑
|
||||
| Who is the holder of privilege for minor clients who are wards of the court? | show 🗑
|
||||
| show | a) Assent is informed agreement or approval by an underage client. b) Consent is provision of permission that is informed and free of coercion or undue influence as provided by an emancipated minor, minor of 12 years of age or older, or adult.
🗑
|
||||
| show | Other regulations apply to denial of access to their records by clients themselves, but not H&SC S123115(a)(2). It is an exception to confidentiality related to disclosing records of minors to their parents.
🗑
|
||||
| What more recent CA law updates the guidelines for Tarasoff duty to protect? | show 🗑
|
||||
| show | The expanded duty applies to credible threats received from the patient, or the patient's family, however, the court made clear that its decision did not go beyond "family members."
🗑
|
||||
| According to Ewing vs. Goldstein, a therapist has a duty to warn if they learn what from whom? | show 🗑
|
||||
| show | a) The person must be released, b) Must be referred for voluntary Tx, c) Must certify them for Tx as an imminently dangerous person, or d) Begin appointing a conservator for them.
🗑
|
||||
| show | If the person was taken into custody after attempted or inflicted physical harm upon another person, and if the person presents a demonstrated danger of inflicting harm upon others as a result of mental disorder or defect.
🗑
|
||||
| What is a reason that 180 added days of involuntary commitment may be imposed upon someone at the expiration of a 14-day hold period? | show 🗑
|
||||
| What factor is common to all reasons that 180 added days of involuntary commitment may be imposed upon someone at the expiration of a 14-day hold period? | show 🗑
|
Review the information in the table. When you are ready to quiz yourself you can hide individual columns or the entire table. Then you can click on the empty cells to reveal the answer. Try to recall what will be displayed before clicking the empty cell.
To hide a column, click on the column name.
To hide the entire table, click on the "Hide All" button.
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
To hide a column, click on the column name.
To hide the entire table, click on the "Hide All" button.
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Created by:
lyzimmerman
Popular Psychology sets