Administrative Code of Board of Psychology, Ch 64B-19 (12) Flashcards
Board Members
- must attend board meetings
- cannot miss 3 consecutive meetings (exceptions allowed)
- “family” means immediate family, nieces, nephews, cousins, and in-laws
- “Immediate family” consists of spouse, child, parents, parents-in-law, siblings, grandchildren, and grandparents
Post-doctoral trainee
- 20 hours/week part-time or 40 hours/week full-time
- 900 hours must be direct client contact
- at least 2 hours of supervision per week
- at least 1 hour of supervision must be face-to-face (hipaa compliant video ok)
Supervisors of trainees
- by agreement, trainee must be capable
- maintains professional responsibility for trainee’s work
- provides 2 hour/week supervision, 1 of which must be individual
- Prevails in all professional disagreements with the psychology resident or post-doctoral
fellow - kept informed of all trainee’s work
- advise the board if complaints against trainee
- can continue until trainee is licensed
Limited Licensure
- retired or about to retire within 6 months
- fee of $25, or notarized letter saying unpaid
Underserved or Critical Need Populations
- defined as people living within a twenty (20) mile radius of any site in the state which has no other psychologist practicing in that twenty (20) mile radius
- includes indigent people with developmental disabilities, indigent immigrants from other countries, indigent American Indians living on Indian reservations, and indigent adults over the age of fifty-nine (59) years.
Fees
- application fee by exam is $200
- fee by endorsement is $200
- initial fee is $100
- biennial renewal fee is $295 except even years is $200 (same as fee for reactivation)
- limited license renewal fee is $25
- reactivation for inactive or retired is $50, so is change of status fee
- if not renewed in time, delinquency fee is $400 ($25 for limited license)
CE Provider fees
- $250, same for renewals
- paid by May 31 of even-numbered years
Additional Fees: duplicate, provisional, retired
- duplicate license is $25
- provisional license is $250
- retired status fee is $50, must be paid on biennial or must also pay change of status fee
Spouse of Armed Forces
- exempt from renewal requirements if absent due to service
- must show proof
Inactive licenses
- must remit the biennial renewal fee
- provide statement certifying that the licensee has neither practiced psychology nor
violated any of the provisions since date of inactive
Change of address / change of place of practice
- written or email notification within 45 days
CE Credits, Part 1
- graduate course: 7 credits for 1 credit course; 14 for each 2 credit; 21 for each 3 credit course; max of 21 per renewal period
- completion of colloquium, a presentation, a workshop or a symposium by internship, amount specified by the program (APA approved)
- completion of workshops, seminars (APA approved) = hour by hour credit
- attending a conference = 1 credit per day; max of 5 per biennium
- becoming ABPP certified = 37 credits (not incl DV or medical errors) for 1st year only
- presenting or moderating for 1st time, credit limited by those allowed by program
- each hour attending a Board meeting, max of 10 hours per biennium
- attending Board meeting also satisfies Professional Ethics & Legal CE requirements
CE Credits, Part 2
- CE courses approved by any Board within the Division of Medical Quality Assurance of the Department of Health, provided that such courses enhance the psychological skills and/or psychological knowledge of the licensee;
- Volunteer expert witness opinions for cases being reviewed pursuant to laws
and standards relevant to the practice of psychology. 2 hours = each case; max of 10 hours per of credit shall be awarded for biennium - serving on APA or FLpa boards, incl. peer-reviewed journals, max of 5 CE credits per biennium
- teaching new class, 1st time only, max of 20 hours CE credit
- publishing in field of psychology, max of 10 per publication per renewal period, not to exceed 30 per biennium
- Pro Bono work, 1 CE credit per 2 hours worked, max of 6 hours per biennium
CE Credits Specific Requirements
- 40 hours
- 3 hours on Professional Ethics and psychology Florida Statutes and rules; 1 on ethics; 1 on Fl. laws/rules
- 2 hours on prevention of medical errors, incl. suicide risk, mandatory reporting, diagnosing
- if part of employment at licensed facility, 1 hour must be preventing medical errors
- Domestic Violence CE must be 2 hours every 6 years
- must retain proof of CE credits for 2 years
Approval of CE Providers
- must have 2 years education or research in topic
- must submit narrative description, all promotional materials
- course must have evaluation form, give certificates of completion
- fee to become first-time CE provider is $250
- must ensure attendees stay to end of program
- retain evaluation forms for 3 years
- send to board at least a week in advance all promo materials
- notify board within 2 weeks of significant changes (e.g., title, content, provider quals, number of CE credits, length of time of program)
- must provide course at least 1x per year
- co-sponsorships are allowed
- approved for biennium
Medical Errors course
- must be specific to psychology
- includes improper diagnosis, failure to comply with mandatory abuse reporting laws, inadequate assessment of potential for violence (e.g., suicide, homicide),
- potential for medical errors while providing services through telehealth
- failure to detect medical conditions presenting as a psychological/psychiatric disorder
Retired Status
- written request
- pay fees
- to reactivate UNDER 5 years retired: reactivation fee plus renewal fee
- to reactive over 5 years retired: must also take Fl laws & rules test again
- submit proof of 40 CE credits in prior biennium period
Inactive Status
- pay reactivation and renewal fees
- proof of 40 hours of CE within past biennium
Probable Cause Panel
- appointed by chairperson of Board
- at least 2 people, current and past members, no more than 1 is lay person
Sexual Misconduct
- prohibited with current or former clients
- The Board finds that sexual intimacies with a former client are frequently harmful to the client, and that such intimacies undermine public confidence in the psychology profession and thereby deter the public’s use of needed services
- client shall be presumed incapable of giving valid, informed, free consent to sexual activity involving the psychologist
- the assertion of consent by the client shall not constitute a defense against charges of sexual misconduct
- Sexual behavior includes, but is not limited to, kissing, or the touching by either the psychologist or the client of the other’s breasts or genitals
- cannot engage the client in verbal or physical behavior which is sexually arousing or
demeaning to the client unless: for the purpose of treatment of psycho-sexual disorders and in line with generally acceptable standards - termination per se is not the deciding factor
Board Considerations about Whether a Patient is Terminated
- Formal termination procedures;
- Transfer of the client’s case to another psychologist;
- The length of time that has passed since the client’s last visit to the psychologist;
- The nature and duration of the professional relationship;
- The extent to which the client has confided personal or private information to the psychologist;
- The nature of the client’s personal history;
- The degree of emotional dependence that the client has on the psychologist;
- The circumstances of termination of the professional relationship;
- The client’s current mental status;
- The likelihood of adverse impact on the client and others; and
- Any statements or actions by the psychologist during the provision of psychological services suggesting or inviting the possibility of a post-termination sexual or romantic relationship with the client.
Even if terminated: Sexual conduct between a psychologist and a former client after termination of the psychologist-client relationship will constitute a violation of the Psychological Services Act if the sexual contact is a result of the exploitation of trust, knowledge, influence or emotions, derived from the professional relationship
Disciplinary Guidelines min/max penalty ranges for 1st offense, Part 1
1) license through bribery or error: min=2 yrs probation, 1k fine; max=revocation, 5k fine
2) license through fraud, misrepresent: min/max=revocation, 10 k fine
3) disciplined in other jurisdiction: min=same as other jurisd + 1k fine; max=same + 5k fine
4) criminal conviction re psychology: min=reprimand, $2500 fine; max=1 year suspend, 1 year probation, plus 5k fine
5) False, deceptive or misleading advertising; min=reprimand, 1k fine; max=1 year suspend, 1 year probation, plus 5k fine
6) fraudulent misrepresentation: min=1 yr probation, 10k fine; max=1 yr suspend, 2 yr probation, plus 10k fine
7) advertising or practicing under another name: min=1 yr prob, 1k fine; max=1 yr prob, 5k fine
8) Knowingly aiding, assisting, procuring, or advising a non-licensed person: min=1 yr prob, 1k fine; max=1 yr prob, 5k fine
Disciplinary Guidelines min/max penalty ranges for 1st offense, Part 2
9) Failing to perform any statutory or legal obligation: min=reprimand, 1k; max=1 yr prob, 5k
10) false report: min=reprimand, 1k; max=1 yr prob, 5k
11) kickbacks: min=refund, 1k fine; max=1 year suspend, 1 yr prob, 5k fine
12) sexual misconduct: min=1 year suspend, 1 yr prob, 5k; max=revocation, 10k fine
13) Making misleading, deceptive or untrue representations: min=1 yr prob, 1k; max=1 year suspend, 1 yr prob, 5k fine
14) fraudulent representations: min=1 yr susp, 10k; max=revocation, 10k
15) Soliciting through intimidation, undue influence: min=reprimand, 1k; max=1 year suspend, 1 yr prob, 5k fine
16) soliciting through fraud: min=1 yr prob, 10k; max=1 yr susp, 1 yr prob, 10k
Disciplinary Guidelines min/max penalty ranges for 1st offense, Part 3
17) failing to provide records: min=reprimand, 1k; max=1 yr susp, 1 yr prob, 5k
18) failing to respond to Dept. within 30 days: min=reprimand, 1k; max=suspension until compliance, 5k
19) Incompetence (mental or physical impairment): min=suspension until prove otherwise, 1k; max=add on 1 yr prob, 5k fine
20) Violating provisions of Chapter 490 or 456: min=reprimand, 1k; max=1 yr susp, 1 yr prob, 5k
21) Experimentation without informed consent: min=reprimand, 1k; max=1 yr susp, 1 yr prob, 5k
22) Failing to meet the minimum standards of performance: min=reprimand, 1k; max=1 yr susp, 1 yr prob, 5k
23) delegating professional responsibilities: min=reprimand, 1k; max=1 yr susp, 1 yr prob, 5k
24) violating any lawful order: min=reprimand, 1k; max=1 yr susp, 1 yr prob, 5k
25) failing to maintain confidence: min=reprimand, 1k; max=1 yr susp, 1 yr prob, 5k
Disciplinary Guidelines min/max penalty ranges for 1st offense, Part 4
26) Identifying or damaging research clients: min=reprimand, 1k; max=1 yr susp, 1 yr prob, 5k
27) Failure to comply with DV continuing ed: min=reprimand, $500; max=suspension until compliance, 1k
28) Exercising influence on the patient or client for financial gain: min=1 yr prob, 1k; max=1 yr susp, 1 yr prob, 5k
29) improperly interfering with an investigation: min=1 yr prob, 1k; max=1 yr susp, 1 yr prob, 5k
30) Performing or attempting to perform wrong health care services: min=reprimand, 1k; max=1 yr susp, 1 yr prob, 5k
Disciplinary Guidelines min/max penalty ranges for 1st offense, Part 5
31) Termination from impaired practitioner program: min=suspension until proof okay, 1k; max=suspension until proof okay, 1 yr probation, 5k
32) failing to identify type of license: min=reprimand, 1k; max=1 yr prob, 5k
33) failing to report another licensee in violation: min=reprimand, 1k; max=1 yr prob, 5k
34) practicing beyond scope: min=1 yr susp, 1k; max=revocation, 5k
35) failing to report to Board within 30 days if convicted of crime: min=reprimand, 1k; max=1 yr prob, 5k
Disciplinary Guidelines min/max penalty ranges for 1st offense, Part 6
36) conviction, incl. plea of nolo contendare, misdemeanor or felony: min=1 yr prob, 5k; max=revocation, 10k
37) Failing to remit the sum owed to the state for overpayment from the Medicaid program pursuant to a final order, judgment, or settlement: min=reprimand, 1 yr prob, 1k; max=1 yr susp, 1 yr prob, 5k
38) terminated from Medicaid/Medicare program: min=1 yr suspension, 1k; max=revocation, 5k
39) convicted of health care fraud: min=revocation; max=revocation, 5k
40) non-compliance with business practices: min=1 yr susp, 1k; max=1 yr susp, 1 yr prob, 5k
Disciplinary Guidelines min/max penalty ranges for 1st offense, Part 7
41) providing emotional support animal letter without knowledge or need: min=reprimand, 1k; max=1 yr prob, 5k
42) Failure to comply with the parental consent requirements: min=reprimand, 1k; max=1 yr prob, 5k
43) conviction or no contest plea: min=revocation; max=revocation, 10k
Fines must be paid within:
30 days
Advertising
- used to solicit clients
- business cards and stationary is NOT advertising
- must use words “licensed psychologist”
- if yellow page listing, must make effort to insert “licensed psychologist” in listing
Sex Therapist
- training, 150 hours in the specific area of sex therapy and in the interaction between sex therapy and the general provision of psychological health services
Juvenile Sexual Offender Therapy
- education, training, and experience that demonstrates competency and interest in this area of practice
- must include coursework and/or training in child behavior and development, child psychopathology, and child assessment and treatment;
- must include 30 hours of training in juvenile sex offender assessment and treatment
Practice of Hypnosis
- for the purpose of stress management, self-hypnosis, guided imagery, or relaxation
- 10 hrs training
Use of Test Instruments
- must consider research supporting tests
- justify specific test for specific services
- integrate/reconcile interpretive statements based on group norms
- specify if assisted by someone, name them, their role
- cannot release test data unless under court order or required by law
- must perform tests face-to-face
- cannot sign testing report unless you are supervisor or direct involvement
Treatment of Minors
- Consent to treat needed
- Except in emergency situation and then only 2x within a week before consent needed
Forensic Evaluations in child custody proceedings
- no dual roles
- incl no prior or future therapy of child
- can provide fact witness statements but not opinions on custody
Records for Psychologists
- must include name, address, telephone number, age and sex; presenting
symptoms or requests for services; dates of service and types of services provided - test data (previous and current)
- history including relevant medical data and medication, especially current
- what transpired during the service sessions
- significant actions by the psychologist, service user, and service payer
- psychologist’s indications suggesting possible sensitive matters like threats
- progress notes
- copies of correspondence related to assessment or services provided
- notes concerning relevant psychologist’s conversation with collaterals
Informed Consent
- Written informed consent must be obtained concerning all aspects of services including
assessment and therapy - informed consent for provisional licensee must include name of supervisor
Maintenance of Records
- must be entered within 10 days of contact
maintained for 3 years after termination or last contact - summary must be retained thereafter for additional 4 years
- not required to maintain your own records if you work somewhere that maintains them for you
Relocation or closing practice
- must place notice in newspaper for 4 consecutive weeks
- notice must contain info on where records are, how to obtain them
Records maintenance for deceased psychologists
- Executor must maintain for 2 years and 2 months
- within a month of death, executor must place notice in newspaper, run for 4 consecutive weeks
- notice must include records info
- notice must be mailed to Board
- 24 months later, new notice must be published about records, destroy date, published for 4 consec weeks
Release of Records
- must be done within 30 days
- can do summary but also within 30 days
- notes are raw data, not to be released except to licensed psych
