Administrative Code of Board of Psychology, Ch 64B-19 (12)

Question 1

Board Members

Answer 1

• 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

Question 2

Post-doctoral trainee

Answer 2

• 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)

Question 3

Supervisors of trainees

Answer 3

• 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

Question 4

Limited Licensure

Answer 4

• retired or about to retire within 6 months
• fee of $25, or notarized letter saying unpaid

Question 5

Underserved or Critical Need Populations

Answer 5

• 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.

Question 6

Fees

Answer 6

• 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)

Question 7

CE Provider fees

Answer 7

• $250, same for renewals
• paid by May 31 of even-numbered years

Question 8

Additional Fees: duplicate, provisional, retired

Answer 8

• 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

Question 9

Spouse of Armed Forces

Answer 9

• exempt from renewal requirements if absent due to service
• must show proof

Question 10

Inactive licenses

Answer 10

• 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

Question 11

Change of address / change of place of practice

Answer 11

• written or email notification within 45 days

Question 12

CE Credits, Part 1

Answer 12

• 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

Question 13

CE Credits, Part 2

Answer 13

• 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

Question 14

CE Credits Specific Requirements

Answer 14

• 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

Question 15

Approval of CE Providers

Answer 15

• 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

Question 16

Medical Errors course

Answer 16

• 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

Question 17

Retired Status

Answer 17

• 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

Question 18

Inactive Status

Answer 18

• pay reactivation and renewal fees
• proof of 40 hours of CE within past biennium

Question 19

Probable Cause Panel

Answer 19

• appointed by chairperson of Board
• at least 2 people, current and past members, no more than 1 is lay person

Question 20

Sexual Misconduct

Answer 20

• 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

Question 21

Board Considerations about Whether a Patient is Terminated

Answer 21

1. Formal termination procedures;
2. Transfer of the client’s case to another psychologist;
3. The length of time that has passed since the client’s last visit to the psychologist;
4. The nature and duration of the professional relationship;
5. The extent to which the client has confided personal or private information to the psychologist;
6. The nature of the client’s personal history;
7. The degree of emotional dependence that the client has on the psychologist;
8. The circumstances of termination of the professional relationship;
9. The client’s current mental status;
10. The likelihood of adverse impact on the client and others; and
11. 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

Question 22

Disciplinary Guidelines min/max penalty ranges for 1st offense, Part 1

Answer 22

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

Question 23

Disciplinary Guidelines min/max penalty ranges for 1st offense, Part 2

Answer 23

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

Question 24

Disciplinary Guidelines min/max penalty ranges for 1st offense, Part 3

Answer 24

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

Question 25

Disciplinary Guidelines min/max penalty ranges for 1st offense, Part 4

Answer 25

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

Question 26

Disciplinary Guidelines min/max penalty ranges for 1st offense, Part 5

Answer 26

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

Question 27

Disciplinary Guidelines min/max penalty ranges for 1st offense, Part 6

Answer 27

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

Question 28

Disciplinary Guidelines min/max penalty ranges for 1st offense, Part 7

Answer 28

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

Question 29

Fines must be paid within:

Answer 29

30 days

Question 30

Advertising

Answer 30

• 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

Question 31

Sex Therapist

Answer 31

• 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

Question 32

Juvenile Sexual Offender Therapy

Answer 32

• 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

Question 33

Practice of Hypnosis

Answer 33

• for the purpose of stress management, self-hypnosis, guided imagery, or relaxation
• 10 hrs training

Question 34

Use of Test Instruments

Answer 34

• 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

Question 35

Treatment of Minors

Answer 35

• Consent to treat needed
• Except in emergency situation and then only 2x within a week before consent needed

Question 36

Forensic Evaluations in child custody proceedings

Answer 36

• no dual roles
• incl no prior or future therapy of child
• can provide fact witness statements but not opinions on custody

Question 37

Records for Psychologists

Answer 37

• 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

Question 38

Informed Consent

Answer 38

• 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

Question 39

Maintenance of Records

Answer 39

• 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

Question 40

Relocation or closing practice

Answer 40

• must place notice in newspaper for 4 consecutive weeks
• notice must contain info on where records are, how to obtain them

Question 41

Records maintenance for deceased psychologists

Answer 41

• 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

Question 42

Release of Records

Answer 42

• 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