CPLEE Flashcards
Age rules for reporting childhood sexual abuse
Under 14 - Can’t have sex with anyone 14 or older. If both under 14 and reasonably same age, don’t need to report
14 and 15 year olds - can have sex with another person unless the person is 21 or over
16 or over - can have consensual sex with anyone, no mandated report required
Age rules for lewd and lascivious behavior
Includes fondling, etc, as well as sexual intercourse
If under 14 - Ok if other person is also under 14. Otherwise have to report
14 or 15 - have to report if partner is 10 years or more older
Any time a minor engages in non-consensual sex (I.e., rape), a child abuse report is ________
mandated
Rules for reporting elder abuse that occurs in long-term facility (verbal and written report)
Abuse must be reported to local Ombudsman AND to a local law enforcement agency
Written report required within 2 hours if serious bodily injury; within 24 hours if no serious injury
Rules for reporting elder abuse that occurs at home (verbal and written report)
Abuse can be reported to either Adult Protective Services OR to a local law enforcement agency
Written report must be submitted within 2 day
Legal consequences for failure to report child abuse
misdemeanor punishable by a county jail term not to exceed 6 months, or a fine of not more than $1000, or both
Legal consequences for failure to report child abuse that results in death or bodily injury
punishable by a county jail term not to exceed 1 year, or a fine of not more than $5000, or both
Rules for child abuse reporting for emancipated minors
CA laws do not specifically exclude reporting of abuse of emancipated minors. The most conservative thing to do is to file a child abuse report even the code does not have any guidelines on this specifically.
Who can suspected incidents of child abuse or neglect be reported to?
Police department, sheriff’s department, or CPS/county welfare department
Severe neglect
severe malnutrition; willfully causing child to be endangered, intentional failure to provide adequate food, clothing, shelter, or medical care
General neglect
negligent failure of the caretaker to provide adequate food, clothing, shelter, medical care, or supervision, where no physical injury to the child has occurred
Rules for reporting elder abuse that occurs in a state health hospital (verbal and written report)
Must report to State Department of State Hospitals AND local law enforcement
written report must be completed within 2 hours
Definition of dependent adult
Person between age of 18 and 64 who has physical or mental limitations that interfere with carrying out normal activities, or protecting his or her rights
Definition of elder
Person 65 years of age or older
Types of elder/dependent adult abuse
Physical abuse (includes sexual assault) Neglect Abandonment Isolation Financial
Elder neglect
Failure of person in charge of the care of the elder or dependent adult to exercise a sufficient degree of care (e.g., failure to help the person with hygiene, failure to provide food or shelter, or to provide necessary medical care)
*Neglect also includes the failure of the person themselves to take care of self, defined as “self-neglect”
According to the California Health and Safety Code, under what circumstances may a physician and mental health provider disclose HIV+ status to a patient’s partner without the patient’s consent?
Physicians and surgeons are permitted, but not mandated to notify partners of HIV positive patients that they have been exposed to the HIV virus only after they have attempted to secure the patient’s consent
Mental health providers may never breach the confidentiality of a patient who is HIV positive.
When a therapist receive a subpoena from an attorney, what are the options?
Must generally comply with the subpoena and appear at requested time and place (with any documents).
May alternatively request that the subpoena be modified, or quashed/undone
Therapist will typically be subpoenaed to appear either at a deposition or in court; in both situations the therapist may assert privilege if that is what the client wishes. May be allowed to uphold confidentiality or will be required to disclose confidential information when ordered to do so by the court
Rules for consent when court ordered evaluation
When court ordered evaluation (whether adult of minor) do not need consent. Must inform them of limits to confidentiality though
Where are guidelines for using a collection agency listed?
APA’s Ethical Principles of Psychologists and Code of Conduct.
Specifically, the patient must be told in advance that the bill will be forwarded to a collection agency, and the patient must be given an opportunity to pay the bill before it is sent to collections.
Generalized consent (HIPPA and provider’s privacy policy covers) versus Authorization:
Generalized consent - Described that PHI may be disclosed for the purposes of treatment, payment, and healthcare operations (e.g., quality of care review).
Authorization - needed for releases of info. needed for any disclosures that are not for the purposes of tx (e.g., to speak to pt’s employer or school)
When a psychologist learns from a patient that she or he has been the victim of psychotherapist sexual exploitation, the psychologist must do the following:
1) Make a report to CPS only if it were determined that the therapist poses a current risk to other minors
2) Give the patient the pamphlet Professional Therapy Never Included Sex
3 Rules of HIPAA
Privacy - regulations and safeguards regarding confidential pt info
Transaction - standardized electronic transmissions
Security - addresses physical security of pt records (e.g., locking file cabinets, etc)
When to adhere to HIPPA vs California law
HIPPA takes precedency when it is more stringent or contradicts state law; CA law supersedes HIPPA when CA law is stricter
Patient rights under HIPPA
Right of notice - to be informed of privacy policy
Right to request restrictions - right to reasonable requests to restrict use and disclosure of PHI
Right to receive confidential communication by alternative means and alternative locations - right to have bills sent and phone calls made to other place besides patient home
You are a psychologist hired to do pre-employment testing for a company. You are contacted by a person you previously tested who has authorized you to release his test report to his current therapist. You should
Not give him the test results. As you were hired to do the testing by the company, the company is your client, not the person tested. The test results are the property of the company and you do not have the right to release the results to any individuals who were tested.
What are psychologists required to post in a conspicuous location?
The BOP’s address and phone number
2 sub-categories of sexual abuse
Sexual assault and sexual exploitation
When supervisee is treating a patient, what are rules regarding informing them that they are in training and supervised?
Supervisor must inform the patient that the supervisee is unlicensed and is functioning under supervisor’s direction. Does not need to be done in person. Can be done in writing
When a child of divorced parents enters treatment, consent must be secured from
At least 1 parent that holds legal custody
When a psychotherapist provides outpatient mental health services to a minor without parental consent, what must specifically be documented?
Reasons why it is inappropriate to contact the parent or guardian, or document the efforts that were made to contact the parent or guardian
With regard to psychotherapist sexual exploitation, “sexual contact” is defined as
Touching of an intimate part, including sexual intercourse
Evidence code 1024
In a legal proceeding, no privilege exists if the therapist believes that the patient’s mental or emotional condition causes him or her to be a danger to self, others, or property AND the disclosure is necessary to prevent that danger
You are treating a man for emotional stress related to harassment at work. He has filed a worker’s compensation injury lawsuit. His lawyer calls you and requests a copy of the records to help in your client’s case. You should:
Don’t release the records unless there is a signed release of information.
If the records were to be subpoenaed by the defense attorney, the judge would likely rule this an exception to privilege and you would be forced to give up the records, as no privilege exists when pt raises his or her mental or emotional condition as grounds for the case
Who is typically the hold of privilege?
Privilege can be asserted by who?
The patient
The patient or the therapist
When an authorized professional initiates a 5150, the professional must also
Provide the confining facility with a written statement of probable cause
When a minor receives residential shelter services without parental consent, the psychotherapist must:
Attempt to contact the parent or guardian.
Note, this is not the case for outpatient tx. Therapist may choose not to involve the parent/guardian if involvement is deemed inappropriate
If psychologist is subject of a disciplinary hearing, do they need to inform their patients?
Only if asked by the patient
Who can accompany a patient that has requested to inspect their treatment records?
Law permits the patient or patient’s representative be accompanied by one other person of his or her choosing
Can a psychologist serve as both an expert and fact witness?
Yes, just make sure to clarify roles
When a minor under the age of 12 is a dependent child of the court, what is the guideline with regard to obtaining consent for HIV testing?
Consent may be obtained from the court
What are the potential liabilities for mandated reporters of child abuse?
When a legally mandated report of child abuse has been made, CA law protects the reporter from both criminal and civil liabilities
A mandated reporter may be held criminally liable for failing to file a report
How many continuing education credits will a licensed psychologist earn by taking a 3-unit quarter-long academic course at a university? What about for a semester-long course?
10 units
15 units
You are an independent contractor hired by a corporation to provide pre-employment screenings. Who is the client?
The employer (not the employees you assess)
Can a patient challenge a hold/involuntary hospitalization?
Pt cannot challenge a 5150 (72 hour hold). A very short hold gives the opportunity to evaluate the patient. Deprivation of rights (patient’s freedom) is outweighed by protection of patient and society.
Once a 5250 (14 day hold) is initiated, the patient can file a writ of habeas corpus (order to bring the person to court to ensure the confinement is not illegal) and appear in court for a probable cause hearing. The pt must file the writ themselves. The pt’s family cannot do it for them
What is included in the pamphlet Professional Therapy Never Includes Sex?
Definition of psychotherapist-patient sexual contact, description of common reactions to therapist-sexual contact, patient’s bill of rights, options for reporting sexual misconduct, and instructions for each reporting option, description of administrative, civil, and professional association complaint procedures, and description of support services available for victims of sexual misconduct
