CPLEE Flashcards
Patient Request to inspect records must be met within
5 days
When patient requests copy of records, we must comply within
15 days
When client requests a summary of records, we must comply within
10 working days
If a client requests a summary and there are extenuating circumstances such as length of complexity of treatment, we must comply within
30 days
Review of treatment records by another qualified professional can:
NEVER be denied. There is no legal justification for now allowing such.
If a parent requests a copy of a psychological testing report:
It is ALWAYS preferable to offer a summary first and the full report only if the parent really wants it
If a minor reports non-consensual sexual contact, our duty is:
To make a mandated report. Age guidelines DO NOT apply when the sexual contact is not consensual
Physician Reporting of Patient HIV status
Never required but can disclose HIV status to partners after attempting to secure the patient’s consent to do so.
If you were hired by a company to do pre-employment testing, can you release the testing reports to patients who were tested?
No because the company is the client not the specific individual. Therefore, they have no rights to those evaluation reports
If we have a question about whether a patient is capable of consenting….
we should explain informed consent procedures in reasonably understandable terms
When can we treat a patient for a domain in which we don’t have competency for:
In a an emergency situation when other more appropriate services are not available
Emancipated Minor
14+; must live self-sufficiently; their $ can’t be from criminal enterprises
Self-sufficient Minor
15+, source of money doesn’t matter
Securing minor consent for outpatient mental health services
• Min age of 12+ - AND considered able to intelligently participate in services; prevailing interpretation of law is that minor DOES NOT need to be at risk for harm to self/others or suspected abuse victim to allow ofference of services prior to crisis
Minors seeking services for treatment of or termination of pregnancy
• Treatment or Prevention of such is allowed at ANY AGE AND DOES NOT REQUIRE PARENTAL NOTIFICATION (not allowed in fact)
Communicable Disease in Minors
Minors can consent at a Min age of 12 – DOES NOT REQUIRED PARENTAL NOTIFICATION (not allowed in fact)
Treatment of Sexual Assault for Minors
• ANY AGE but provider must attempt to notify parent UNLESS it is rape and then the provider is not allowed to contact parents
Drug/Alcohol treatment
• 12+ can consent but CANNOT be a private practice therapist AND the treatment plan MUST involve parent/treatment when appropriate – document whether patients were contacted and where involvement in treatment plan is/is not appropriate
Denying Review of Records - Minors
- If they legally consented to services, we can deny the parent a right to review records
- If we believe that it would be detrimental to the therapeutic relationship or cause substantial harm to patient’s physical or emotional well-being we can deny the parent’s right to review records
Denying review of records ADULTS
HIPAA supersedes state law on this issue - access can ONLY be denied if it will likely result in significant physical harm or death to the patient or some other individual
Denying review of records ADULTS
HIPAA supersedes state law on this issue - access can ONLY be denied if it will likely result in significant physical harm or death to the patient or some other individual
When does Tarasoff apply?
When the patient has informed the therapist of a serious threat of violence against a reasonably identifiable victim NOTE: family members are considered patient communications and therefore we must report if we are told of such from a patient’s family member
Who must Tarasoff reports be made to?
The victim and the police
72-Hour Involuntary Hold
• Instituted by police, mobile crisis team, or authorized professional by county take person into custody for 72-hour hold for DTO, DTS, grave disability.
o DESTRUCTIVE BX DOES NOT QUALIFY – i.e. prostitution or driving recklessly are not DTS
o Grave disability – food, shelter, clothing deficits d/t mental illness OR issues from prolonged alcoholism
72-hour hold for adults
5150
72-hour hold for minors
• 5585 – if person is child ONLY implemented if child’s parent or authorized guardian is not available to consent to treatment
14 day certification hold (5250)
• 5250 – if after the 72 hours the person is still considered a DTO, DTS, or grave disability concern and they will not consent to continued treatment
o Person entitled to a certification review hearing within 4 days
Post 72 hour and 14 day certification hold - DTS
• 5260 – POST 14 day hold IF STILL DTS can be held for another 14 days
o This hold cannot be renewed
Post 72 hour and 14 day certification hold - Grave Disability
270.15 – POST 14 day hold if STILL GRAVELY DISABLED can be held for another 30 days
o This hold cannot be renewed – Conservatorship could be pursued though
Post 72 hour and 14 day certification hold - DTO
• 5300 – POST 14 day hold if STILL DTO can be held for an additional 180 days
o Can be renewed
Statutory Rape and Mandated Reporting
21+ and under 16 have consensual sex is considered a mandated report but less than 21 and 16+ is not mandated
Lewd and Lascivious Behavior with Minor under 14 (i.e. 13 or less)
if the partner is 14 or older then this is a mandated report
If BOTH partners under 14 no mandated report
Timeframe for child abuse reporting
IMMEDIATELY and written report within 36 hours
Timeframe for child abuse reporting
IMMEDIATELY and written report within 36 hours
Neglect
Severe Neglect: severe malnutrition; willfully causing child to be
endangered, intentional failure to provide adequate food, clothing,
shelter or medical care
Ø 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
Reporting abuse to an elder living at home
report to adult protective services OR law enforcement. Must be made immediately and if made over phone an internet report must be sent in two days
Living in a facility (other than state hospital or DD)
report made to ombudsman AND local law enforcement report via phone IMMEDIATE and by report within 2 hours for GBI or within 24 if no GBI
State hospital or DD Center
report made to DSH investigator AND local law enforcement report made immediately via phone and within 24 hours via report
Negligence
• 4 conditions must be met- Dereliction of duty that leads to damage:
o Dereliction – means the therapist failed to provide care that is reasonable
o Duty – means the therapist had a legal relationship with the patient that gave rise to a duty (e.g. we have no duty to people we meet at a party)
o Directly causing damages – the negligence of the therapist was the cause of some harm to the patient
Evidence Code 1025
no privilege exists in a proceeding brought by a defendant to establish his or her competence
Evidence Code 1023
privilege doesn’t exist in a legal action to determine a patient’s sanity
Evidence Code 1017
no privilege exists when a psychologist is appointed by a court or a board of parole
Evidence Code 1024
authorizes the disclosure of confidential information in a legal proceeding if the information is necessary to prevent the danger presented by the patient to themselves, others or property
EAP Programs
if a patient is referred for a fitness evaluation than we are authorized to disclose a patient’s fitness and any accommodations needed; if patient is self-referred then the company isn’t entitled to any information and disclosure can only be done with the patient’s consent
What action will the board take when a psychologist is CONVINCTED of sexual relations with a patient?
License will be revoked
What are the potential liabilities for mandated reporters?
IF WE REPORT we are protected from civil and criminal liabilities
DO NOT REPORT - CRIMINAL LIABILITY may serve 6 months in jail a $1,000 fine or both; if not reporting is willful the punishment could be one year in county or $5,000 or both
When is an interim license suspension most likely to be issued?
When the licensee has violated the business and professions code and continuing to practice would be dangerous to the public
EAP work
Fitness evaluations - work related restrictions and fitness for duty can be shared with the employer without the patient’s permission
Self-referral - nothing can be shared with the employer without patient’s permission
Employer referral - employer may be entitled to session attendance but can only be done with patient’s consent
When a psychology license is revoked, the person may
petition for re-instatement after 3 years
Intimate Partner Violence Treatment - minors
If 12 or older, the minor can consent to treatment/evidence collection; must attempt to contact the parents unless the parents are the suspected perpetrators
