Area 2 revised

Question 1

(A) What are the 5 General considerations of professional conduct
p.10

Answer 1

(1) Purpose.
(2) Scope.
(3) Violations.
(4) Aids to interpretation.
(5) provide a written response within sixty days to any written inquiry, regarding compliance with law or rule, received from the board.

(1) Are the standards against of which professional conduct of a psych is measured.
(2) rules of conduct apply to all license holders, supervises, and applicants.
(3) violations can result in reprimand, suspension, or revocation of license, or denial of original licensure or reinstatement.
(4) APA and state ethics codes and standards can help resolve ambiguity in interpretation of rules, EXCEPT OHIO RULES TRUMP over any other professional association code/standard.
(5) provide written response w/in 60days

Question 2

(B) Negligence covers what 7 areas of conduct?

p. 11

Answer 2

You are considered negligent if:

1. behaviors toward his/her clients, evaluees, supervisees, employees or students fall below acceptable acceptable practice of psychology
2. Sexual harassment
3. Misrepresentation of qualifications
4. Misrepresentation of affiliations.
5. use clients to solicit business
6. misrep promotional activities
7. Maintenance and retention of records

Question 3

(B) Negligence: What is considered sexual harassment?

Answer 3

2. is sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, that occurs in connection with the psychologist’s activities or roles as a psychologist, and that either (a) is unwelcome, is offensive, or creates a hostile workplace or educational environment, and the psychologist knows or is told this or (b) is sufficiently severe or intense to be abusive to a reasonable person in the context. Sexual harassment can consist of a single intense or severe act or of multiple persistent or pervasive acts.

Question 4

(B) Negligence: What are the different ways a psychologist can misrepresent QUALIFICATIONS?

Answer 4

A license holder shall not misrepresent directly or by implication his/her professional qualifications, such as…
1. education 2. specialized training 3. experience 4. areas of competence

Question 5

(B) negligence: What are the 3 factors of misrepresentation of affiliation? Give an example

Answer 5

Don’t misrepresent direct or by implication
1. your affiliation 2. purposes 3. characteristics of an institution or organization you’re associated with.

Example:
I can’t say that (1) I am affiliated with the Cleveland Clinic as a genetic psychiatry expert (2) for the PURPOSE OF IBS TX (3) using a team of Dialectical Beh Therapist.

I am responsible for correcting a client or media if they misrepresent my qualification or affiliation

Question 6

(B) Negligence: How can you misrepresent qualification and affiliation?

Answer 6

(A) INSTITUTIONfalse qualifications from accredited institutions
(B) PUBLIC:misleading info to the public:
(C) PRODUCTSdon’t allow my name to be used with products that have nothing to do with my work: EX. PROTEIN SHAKE

1. use of degree/title not relevant to psych training or from a non-accredited institution
2. you are responsible for clearing up misrepresentations of you by others
3. your name need to be included as the responsible psychologist on anything that represents your services (e.g., ads, letterhead, brochures, business cards, etc.)
4. don’t allow your name to be used in association with a product in such a way as misrepresents the product or your role

Question 7

(B) Negligence:

What 6 things does a psychologist need to know for Maintenance and retention of records?

Answer 7

A. Needs to keep records of services
B. Requirement time of keeping records
C. Method of maintaining and disposing records
D. How to respond to a complaint
E. Rules of allowing clients to view records
F. Rules for releasing records of minors

D. release full copy to board w/ signed client consent

Question 8

(B) Negligence:

(7) What 12 things should be included in a professional record?

Answer 8

(A) A professional record should include:

(i) . The presenting problem(s),
(ii) The date(s) and purpose, if not self-evident, of each service contact
(iii) The fee arrangement,
(iv) test or other evaluative results
(v) Test data
(vi) A copy of any test or other evaluative reports prepared as part of the professional relationship,
(vii) Notation of providing verbal communication of assessment results in the absence of a written report,
(viii) Notation and results of formal contacts with other providers
(ix) Authorizations, if any, by the client for release of records or information,.
(x) Written documentation indicating that the client or evaluee has provided informed consent for treatment or evaluation
(xi) Justification and rationale for not releasing records to a client in response to a valid request, including the reason for making a determination for clearly stated treatment reasons that disclosure of the requested records is likely to have an adverse effect on the client
(xii) Knowledge of all multiple relationships present, with reasoning as to why it is in the best interest of the client and/or not harmful to continue the professional relationship, and

Question 9

P. 12 (B) Negligence:

(7) How long should a psychologist maintain records?

Answer 9

1. ADULT: maintain records not less than 7 years after last date of service or longer if other rules/regs require longer.

and keep a summary for 12 years after last date of service

2. MINOR: not less than two years after the minor has reached the age of majority or for seven years after the last date of service, whichever is longer.

Question 10

P. 12 (B) Negligence:

(7) What 3 provisions must you make for the maintenance of confidentiality of records storage?

Answer 10

1. store and dispose in order to keep confidentiality
2. written plan to transfer records to identifiable person if leave job
3. identify someone to the board on the biennial registration (renewal) who knows about the process of transfer and custody of records in the event of your absence, emergency or death.

Question 11

p. 13(C) Welfare of the client, evaluee, and associated persons:

What 12 situations does the welfare of clients cover?

Answer 11

1. conflict of interests
2. unforeseen multiple relationships
3. sufficient information to state professional opinion
4. informed consent-client protection
5. client dependency- don’t exploit
6. media- don’t share client’s diagnosis or personal info for lectures, radio, etc. other media
7. stereotypes- non-judgement
8. terminate if client not benefiting and offer alternatives
9. make a referral if client requests it
10. continuity of care- “professional will” make arrangements to ensure
11. don’t practice impaired
12. if multiple relationship arises - resolve with the client’s welfare as the objective

Question 12

P. 15 (D) Remuneration (i.e., payment):

What 5 rules about financial arrangements does the Board make?

Answer 12

1. made clear before 1st billing - by the 1st session preferably, minimally by the 2nd. if 2nd –> prove no harm was caused.
2. don’t mislead or withhold info about cost of services to client or 3rd party payor
3. don’t charge excessive fees/ bartering - exploitative
4. If hired by an company -> the recipients of service are the client and don’t accept private payment unless company consents.
5. provide written disclosure in pool/capitation 3rd party arrangements

Question 13

P. 15 (D) Remuneration (i.e., payment):

What does the board consider an improper financial arrangements? - 4points

Answer 13

mproper financial arrangements:

1. Don’t solicit money from client or ex-client…
   deriving or soliciting monetary profit or personal gain with clients or immediate ex clients beyond payment of fees (unsolicited token gifts okay)
2. Don’t use professional relationship w/ current clients/ex-clients for personal gain/profit
3. don’t give rebates, commission or other pay for giving you referrals unless you have informed the client fully in advance
4. don’t bill what you haven’t done, unless it is for missed appointments policy that was discussed in financial arrangements.

Question 14

P. 16 (E) Multiple relationships

How can a multiple relationship cause harm?

Answer 14

can result in exploitation of others, impaired judgment by clients, supervisees and evaluees, and/or impaired judgment, competence and objectivity of the psychologist or school psychologist.

Question 15

P. 16 (E) Multiple relationships

What is not considered a multiple relationship?

Answer 15

1. In some communities and situations, unavoidable interpersonal contacts can occur due to cultural, linguistic, or geographical considerations. For purposes of this rule, incidental contact is okay.
2. emergency situations
3. in order to make an appropriate referral

Question 16

P. 16 (E) Multiple relationships
What multiple relationships are prohibited?
You shall not undertake a professional role with people you have…? (2)

Answer 16

you shall not undertake a professional role with…
a
1. someone with whom you’ve been sexually intimate
2. with whom you’ve a familial, personal, social, supervisory, employment or other relat AND impairs judgment, competence and/or objectivity.

Question 17

P. 16 (E) Multiple relationships
What multiple relationships are prohibited?
You shall not engage in these behaviors… with…

Answer 17

B

1. no sexual intimacies with client/supervisee/employee or their close associates
2. don’t establish personal, financial, employment, or other relationships with current client/supervisee/employees IF it results in exploitation, impaired judgment, competence, or objectivity.

C

1. no sex within a 24 months period
2. no personal, financial, employment, or other relationships w/in 24mo
3. don’t terminate with the idea that you’ll do any of the above
4. extend indefinitely if it might cause harm

Question 18

p. 17 (F) Testing and test interpretation:

What are the 3 areas covered in this area?

Answer 18

1. Assessment procedures
2. Test security
3. test interpretation

Question 19

p. 17 (F) Testing and test interpretation:

What are the 6 “assessment procedures” a psychologist needs to follow?

Answer 19

1. tx results and interpretations as confidential
2. give results in plain language
3. contraindications- appropriateness of test for client
4. develop of assessment for other professionals - include manual
5. assessment by mail: proceed w/ caution
6. appropriateness of test: will it benefit the client?

Question 20

p. 17 (F) Testing and test interpretation:

What are the factors for test security?

Answer 20

1. Don’t reproduce or present in media that invalidate test
2. sample items can be reproduced
3. don’t let unqualified people use test unless test is designed for self-administration

Question 21

P. 17 (F) Testing and test interpretation:

What do you need to know for Test interpretation

Answer 21

1. release of results: needs to align w/ confidentiality rights
2. When communicating test results make sure test results aren’t misinterpreted and misused
3. respect rights of clients/guardian. If give verbal test interpretation make sure to document.

Question 22

If a psychologist enters into a sexual relation w/ former client Regarding what are the 7 factors a psychologist needs to consider in order to prove no exploitation?

Answer 22

seven factors: time passed since termination; the nature, intensity, and duration of treatment; circumstances of termination; personal history of the client; the client’s current mental status; likelihood of adverse impact; and sexual statements made during treatment.

Question 23

p. 13 (C) Welfare of the client, evaluee, and associated persons:

What are the 6 conflicts of interest for client welfare?

Answer 23

Don’t enter into a professional relationship if you had previous
involvement (financial or personal)
With regard to custody evaluations:
is a multiple relationship if person is/was a client
* you can testify as a fact witness, but decline role as expert witness for giving opinion on custody and visitation

(a) in tx role w/ couples, family, etc. -clarify roles + document.
(b) If you are the therapist for one or both parents in a Contested parenting time or custody dispute: avoid conflicting role and restrict to providing therapy.
(c) If you are the therapist for one or both parents in a Contested parenting time or custody dispute: don’t state written or verbal opinion about to anyone about the time or client’s access to child
(d) if you are the therapist w/ child: don’t state written/oral opinion about parent’s time or access.
(e) if you don’t have a preexisting relationship with parents then the court or other agency can get your expert opinion.
(f) conflict b/ween client and organization- clarify loyalties (who is your client)?
(a) License holders in a treatment role with two or more clients who have a relationship with each other, and who are aware of each other’s participation in treatment (for example, couples and family members), shall clarify with all parties and document the nature of one’s professional obligations to the various clients receiving services, including limits of confidentiality and access to records.
(b) License holders in a treatment role with one or more adults involved in a contested parenting time or custody dispute shall anticipate being asked to participate in conflicting roles. License holders shall clarify and document as early as feasible that his/her role is restricted to providing therapeutic services, and shall take appropriate action to avoid role conflicts.
(c) License holders in a treatment role with one or more adults involved in a contested parenting time or custody dispute shall not render verbal or written opinions to any person or entity, including but not limited to the client, any court, attorney, guardian ad litem, or other professional about a client’s access or other person’s access to, or parenting time with, any child.
(d) License holders in a treatment role with one or more children shall not render verbal or written opinions about any adult’s access to or parenting time with the child client(s).
(e) In the absence of a preexisting relationship, license holders may undertake roles specifically determined by a court or other adjudicative body or child welfare agency (concerning, for example, parenting coordination and family reunification), wherein rendering opinions and recommendations about the client(s) to the adjudicative body may be necessary and appropriate, if consistent with the parameters of a written order or directive, and if the role of the license holder is established in written informed consent procedures.
(f) When there is a conflict of interest between the client and the organization with which the license holder is contracted, employed, or affiliated, the license holder shall clarify the nature and direction of his/her loyalties and responsibilities and shall keep all parties concerned informed of his/her commitments.

Question 24

(C) Welfare of the client, evaluee, and associated persons:

What are the 5 factors of informed consent?

Answer 24

1. secure informed consent before starting tx.
2. instructions for third party participation
3. keep client informed of tx, procedures, diagnosis, and freedom of choice regarding services
4. court order evaluation - document and inform evaluee and don’t practice outside what ordered to do.
5. what to do if you’re the therapist for two or more people in relationship (couples, family, etc). - clarify roles to all parties and document then, how records will be maintained, who has access to records, and limitations to access.

Question 25

what are the 11 different areas covered in PROFESSIONAL CONDUCT?

Answer 25

1. general considerations
2. negligence
3. Welfare of the client, evaluee, and associated persons:
4. Remuneration
5. Multiple relationships.
6. Testing and test interpretation:
7. Confidentiality
8. Competence:
9. Telepsychology.
10. Violations of law:
11. Aiding illegal practice:

Question 26

p. 19 Confidentiality

When is information confidential?
6 factors to consider

Answer 26

1. When rendering services as part of a team -
2. case reports, teaching, research, etc
3. don’t share diagnostic or session info w/out consent
4. limit access to records
5. termination - all info remain confidential
6. multiple parties- clarify

Question 27

p. 21 Competence

What 7 areas are covered in this section?

Answer 27

1. Limits on practice. - practice w/in competence
2. Specialty standard of care. make sure
3. maintain competency
4. adding new service
5. limit practice for school psychology
6. referrals
7. interprofressional relationships

Question 28

p. 21 telepsychology

What are the steps to take to ensure client safety?

Answer 28

1. obtain alternatives means to contact client
2. alternative means for client to contact licensee
3. written agreement w/ emergency services in geographical area of client

Question 29

p. 22 violations of the law

Don’t use fraud, misrepresent, or use deception in order to..

Answer 29

1. Use of fraud, misrepresentation, or deception.
2. in obtaining a psychology or school psychology license,
3. in taking a psychology or school psychology licensing examination,
4. in assisting another to obtain a psychology or school psychology license or to take a psychology or school psychology licensing examination,
5. in billing clients or third-party payers, in providing psychological or school psychological services, in
6. reporting the results of those services,
7. or in conducting any other activity related to the practice of psychology or school psychology.

Question 30

p.13-14 (2) Unforeseen multiple relationships

name the 3 steps a license holder needs to take upon discovery of a multiple relationship.

Answer 30

1. notify client as early as possible and only continue if both parties agree.
2. document discovery of all multiple relationships and rationale as to why continue or discontinue
3. as warranted, Reassess and justify in record the continuation of multiple relationship and consult if need be.

Question 31

p 19.

Please define confidentiality and how to share pt info w/out breaking confidentiality.

Answer 31

Is information shared in the context of the professional relationship and can’t be disclosed w/out the informed consent of the individual.

1. When part of a tx team.
2. case report - hide identifying info
3. video/audio recording - need consent
4. storage or files -limit access and make sure employees adhere to rules of confidentiality
5. termination of tx - info is still confidential
6. multiple party interest - clarify dimensions of confidentiality

Question 32

p 19.

How do you protect confidential information

Answer 32

1. information is under the same umbrella as privilege ween physician/pt, lawyer/client
2. Testify - can’t w/out consent
   - unless: client files a claim against you
   - subpeona: contact client-no-contact lawyer ask to be voided-no –> go to court assert privilege
   - court order -can ask order to be modified.