Content Flashcards
Providing Services in Emergencies
Psychologists may provide services for which they are not fully competent in order to ensure that individuals receive necessary treatment. They should terminate the serves as soon as the emergency has passed or more appropriate services have been secured.
Dispensing of Informed Consent in Research
Can dispense with informed consent:
- Normal educational practices
- Anonymous questionnaires, naturalistic observation, or archival research
- The study of a job or organization’s effectiveness
Section 5270.15: 30 Day Hold
Patient who remains gravely disabled for additional 30 days. Cannot be confined any longer unless petition for conservatorship has been filed during the hold.
Minor and Consent re. Communicable Disease
12 years or older can consent to medical care related to diagnosis/tx of disease. Health care provider NOT permitted to inform minor’s parent or guardian without minor’s consent.
Court Ordered Therapy
Court has ordered defendant to seek therapy as a condition of his/her sentence. Typically patient find therapist. Psychologist provides info to court. Psychologist needs informed consent (unlike court ordered eval).
Recourse after disciplinary action
Person may petition for reinstatement or modification after:
- At least 3 years for reinstatement of license revoked, suspended, or surrendered
- At least 2 years for early termination of probation of 3 years or more
- At least 1 year for early termination of probation of less than 3 years.
If denied, must wait at least one year to reapply. Any person required to register as a sex offender is ineligible for licensure or registration.
Electronic Record Keeping
- Offsite backup storage system
- Image mechanism that can copy signature documents
- Mechanism to make record unalterable.
- Policies and procedures must be implemented to safeguard confidentiality.
Patient Notification of Supervisee’s Status
Primary supervisors are responsible for informing each patient prior to the rendering of services. Notification must be done either in person or in writing signed by supervisor and given to pt.
Section 5300: 180 Day Hold
Patient who continues to present an imminent threat of danger to others can be confined for up to 180 more days. Can be renewed.
Release of Test Data
Psychologists may refuse to release test data if they believe doing so would cause “substantial harm, or the misuse or misinterpretation of test data. Laws may still require data be released.
Penalty for failing to comply with HIPAA
1) Administrative sanction by the office for civil rights of health and human services
2) $100 for each violation up to a total of $25,000 a year
3) Fines up to $250,000, 10 year imprisonment, or both for deliberate and knowing violation of patients’ privacy rights.
Access to Treatment Records - HIPAA
Therapist can only deny patients access when it will endanger life or physical safety of individual or another person. Does not apply to minors.
Minor Consent to Tx and Sexual Assault
Minor can consent to medical care related to diagnosis, tx, collection of evidence.
- Health care provider MUST attempt to contact paren tor guardian unless parent/guardian is suspected perpetrator. Must record date, time, successful or not.
- May NOT contact parent/guardian if rape and 12 or older.
Coursework Prior to Licensure
- Substance Abuse: Semester or quarter term in length
- Human Sexuality: 10 hours
- Child Abuse: 7 hours
- Spousal/Partner Abuse: 15 hours after 2004, 2 hours on or after 1995
- Aging and Long-Term Care: 10 hours
- Suicide Assessment and Intervention: 6 hours
14 Day Hold
A person can be certified for an additional 14 days after 72 hour hold if pt is still a danger to self, others, or is grave disabled as a result of mental disorder/impairment due to alcoholism. Implemented only if pt does not accept treatment on voluntary basis.
Copies of Treatment Records
15 days after receiving written request.
Consequences of Failing to Report Child Abuse
Anyone who fails to report child abuse while knowing it to exist:
Misdemeanor, punishable by jail term of up to 6 months, no more than $1,000, or both.
Anyone who willfully fails to report or impedes report of abuse/neglect where result is death or great bodily injury:
One year county jail, up to $5,000, or both.
Evidence Code 1027
No privilege exists if the patient is under 16 years old, the therapist has reason to believe the child has been the victim of a crime, and the disclosure is in the best interest of the child. In this case, no one make invoke privilege at this time.