Ch 490 Psychological Services Act (9) Flashcards
Psychological Services Act Intention
- emotional survival
- to preserve the health, safety, and welfare of the public
Provisional psychologist licensee
a person provisionally licensed under this chapter
to provide psychological services under supervision.
Board of Psychology
- 7 members
- 5 are licensed psychologists
- 2 are non professional but must be Fl citizens
- one must be over age 60
- terms are 4 years
Licensure in Florida
- doctoral level
- 2 years or 4000 hours of supervised practice
- exam and $500 fee (250 for school psych)
- you have 24 months to complete application or must re-apply
Provisional Licensure
- A provisional licensee must work under the supervision of a licensed psychologist until the
provisional licensee is in receipt of a license or a letter from the department stating that he or she is licensed as a psychologist. - $250 fee
- 24 months, may not be reissued
Licensure by Endorsement
- ABPP diplomate or:
- doctoral level with 10 yrs experience
- all must pass Fl rules exam
- cannot be under investigation anywhere
Renewal of License
- every 2 years (biennial)
- not to exceed $250
- CE credits, not to exceed 25 hrs per year
Continuing Education Requirements
- 40 hours biennially
- not to exceed 25 hours per year
CE providers
- not to exceed $500 fee
- funds go into Medical Quality Assurance Trust Fund
Grounds for Discipline of Psychologists, Part 1
a) Attempting to obtain or review by bribery, fraud, or board error
b) License was revoked or suspended anywhere else
c) Being convicted or found guilty of crime related to profession (including a plea of nolo contendere)
d) False, deceptive, or misleading advertising; guarantee of beneficial results
e) Advertising, practicing, or attempting to practice under a name other than one’s own
f) Maintaining a professional association with anyone in violation
g) Knowingly aiding, assisting, procuring, or advising any nonlicensed person to hold himself or herself out as licensed under this chapter
h) Failing to perform any statutory or legal obligation placed upon a person licensed under this chapter
Grounds for Discipline of Psychologists, Part 2
i) making a false report
j) kickbacks, bonuses for referrals, split fees
k) sexual misconduct
l) Making misleading, deceptive, untrue, or fraudulent representations of practice
m) Soliciting patients or clients personally, or through an agent, through the use of fraud,
intimidation, undue influence, or a form of overreaching or vexatious conduct
n) Failing to make available to a patient or client, upon written request, copies of test results,
reports, or documents in the possession or under the control of the licensee which have been prepared for and paid for by the patient or client.
Grounds for Discipline of Psychologists, Part 3
o) Failing to respond within 30 days to a written communication from the department
concerning any investigation
p) Being unable to practice the profession for which he or she is licensed under this chapter
with reasonable skill or competence as a result of any mental or physical condition or by reason of illness or substance abuse (must prove recovered)
q) experimental treatment without informed consent
r) Failing to meet the minimum standards of performance in professional activities when
measured against generally prevailing peer performance, including the undertaking of activities for which the licensee is not qualified by training or experience
Grounds for Discipline of Psychologists, Part 4
s) delegating to unqualified person
t) Violating a rule relating to the regulation of the profession or a lawful order of the department previously entered in a disciplinary hearing
u) failing to maintain confidentiality (exceptions as specified)
v) Making public statements which are derived from test data, client contacts, or behavioral
research and which identify or damage research subjects or clients
w) Violating any provision of this chapter or chapter 456
Sexual Misconduct
- prohibited
- defined by rule
Violations, Penalties, Injunctions
a) must have an active, valid license to call oneself a Psychologist
b) ditto for “School Psychologist”
c) must be licensed to use “psychology,” “psychological,” or “psychodiagnostic,” or describe any test or report as psychological
d) cannot use word “psychotherapy” unless licensed or psychiatric nurse
e) only provisionally licensed
f) must display license in workplaces
g) must use “licensed psychologist” in any ads, incl. Yellow Page listing but not stationary
Juvenile Sexual Offender Therapy
- must meet requirements except if works at or is contracted by Department of Juvenile Justice or the Department of Children and Families
Licensed School Psychologists Private Sector Services
- not prohibited if informed there are free services from school
- not a student at the actual school where you work
- does not promise 24-hour service or on-call services and does not engage in private practice during hours of contracted employment
- does not use position to promote private practice
- does not utilize tests, materials, or services belonging to the school district
Exemptions, so long as you don’t say you’re a Psychologist
- licensed physicians have own rules
- so do nursing, clinical social work, marriage and family therapy, mental health counseling, or other recognized businesses or professions
No license required if…
- Is a salaried employee of a government agency; a developmental disability facility or
program; a mental health, alcohol, or drug abuse facility; statewide child care resource and referral network; childcare agency; DV program; academic or research - works at private, nonprofit organization providing counseling services to children, youth, and families, if such services are provided for no charge
- student in training (intern, trainee)
- employed in a school, public or private, and is certified by Dept. of Ed.
- rabbi, priest, clergy
Non-Florida licensee requirements
- no more than 5 days in any month
- no more than 15 days in a year
- must be licensed elsewhere
Practice of Hypnosis
- okay to do if not for therapeutic purposes
- requires
Practice of Sex Therapy
- qualifications set by the board
- board defines by rule
Practice of Juvenile Sexual Offender Therapy
- qualifications determined by the board
- The board shall require training and coursework in the specific areas of juvenile sexual offender behaviors, treatments, and related issues
Confidentiality & Privileged Communication
- psychologist-patient communication is privileged except:
a) When the psychologist is a party defendant to a civil, criminal, or disciplinary action arising from a complaint filed by the patient or client (limited to action)
b) patient signs a waiver, all parties must sign (if couples, family)
c) patient makes threat against an identifiable person, must warn
d) must disclose to law enforcement also if threat
Records
- must keep records
- school psychologists keep at work
Specialists in psychology
- “certified psychology specialist,” “board-certified psychology specialist,” or “psychology diplomate” means a psychologist with recognized special competency
- must be by an approved certifying body
- Board determines approval: must be national; has purposes, bylaws, etc; has standards; has exam to certify
