FL Jurisprudence Flashcards
Why does the practice of psychology and school psychology by unqualified persons present a danger to public health, safety, and welfare?
a) because as society becomes increasingly complex, emotional survival is equal in importance to physical survival.
b) the Legislature must provide privileged communication for members of the public or those acting on behalf to encourage needed or desired psychological services
c) psychological services assist the public primarily with emotional survival, which in turn affects physical and psychophysical survival
d) Answers “a” and “c” only.
e) All of the above.
Answer: All of these answers are applicable to the intent of the Psychological Services Act.
True or False:
Effective July 1, 1999, although the Board continues to recognize “doctoral-level psychological education” and “doctoral degree in psychology” as a Psy.D., an Ed.D. in psychology, or a Ph.D. in psychology from an educational institute recognized by the Department of Education or recognized as a member in good standing with the Association of Universities and Colleges of Canada; the Board now only recognizes programs that also have programmatic accreditation from an agency recognized and approved by the United States Department of Education.
Answer: True
Prior to July 1, 1999, the Board would also recognize a program that was considered comparable to programs approved by the United States Department of Education.
True or False:
The “practice of psychology” as defined by the Board is as follows:
“observations, descriptions, evaluation, interpretation, and modification of human behavior by the use of scientific and applied psychological principles, methods, and procedures, for the purpose of describing, preventing, alleviating, or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal behavioral health and mental or psychological health”
Answer: Believe it or not, this is true.
Which of the following is NOT included in the ethical practice of psychology (as defined by the Board):
a) psychological testing and the evaluation or assessment of personal characteristics
b) counseling
c) psychoanalysis
d) hypnosis, biofeedback, and behavioral analysis and therapy
e) all forms of psychotherapy to include sex therapy
Answer: All are included.
Psychological testing and evaluation or assessment of personal characteristics may include:
a) intelligence and personality
b) abilities, interests and aptitudes
c) neuropsychological functioning
d) all of the above
e) only “a” and “c”
Answer: “d” all of the above.
The ethical practice of psychology includes all BUT one of the following statements:
a) psychoeducational evaluation, therapy, remediation, and consultation
b) use of psychological methods to diagnose and treat mental, nervous, psychological, marital, or emotional disorders, illness or disability
c) alcoholism and substance abuse
d) disorders of habit or conduct but NOT the treatment of psychological aspects of physical illness, accident, injury, or disability (neurological or otherwise).
Answer: “d”;
the incorrect statement is found in this answer because the field of psychology indeed includes not only disorders of habit or conduct but also the treatment of psychological aspects of physical illness, accident, injury, or disability (neurological or otherwise).
True or False: Psychological services may be rendered to individuals, couples, families, groups, and the public without regard to place of service.
Answer: True
True or False: The use of specific modalities within the practice of psychology is restricted to psychologists appropriately trained in the use of such modalities.
Answer: True
Yes or No:
A client finishes one psychotherapy session with you on a pro bono basis (no fee is collected or offered). He never returns for a second visit and he never sends you payment, should you consider the one session as practicing psychology?
Yes;
the practice of psychology shall be construed within the meaning of its definition (as defined by the Board) without regard to whether payment is requested or received for services rendered.
The practice of school psychology includes:
a) assessment
b) counseling
c) consultation
d) development of programs
e) all of the above
“e” all of the above.
True or False: A “Provisional psychologist licensee” is a person who may practice independently as long as s/he has an active license from another state.
False: “Provisional psychologist licensee” means a person provisionally licensed to provide psychological services under supervision. Only persons with the title “Psychologist” or “School psychologist” may practice independently.
The Board of psychology is composed of _____ number of licensed psychologists:
a) 2
b) 7
c) 5
d) 6
e) none of the above
Answer: “c”;
this is a trick question. There are actually a total of seven members appointed by the Governor and confirmed by the Senate; however, only five of these members must be psychologists licensed and in good standing. The remaining two members must be citizens of the state who are not and have never been licensed psychologists or who are in no way connected to the practice of psychology.
True or False: At least one member of the board must be 60 years of age or older.
True
Members of the Board are appointed for _____ years:
a) 1
b) 2
c) 3
d) 4
e) none of these
“d”;
Members shall be appointed for terms of 4 years and shall serve until their successors are appointed.
The Board maintains its headquarters in:
a) Tallahassee
b) Miami
c) Boca Raton
d) Ft. Lauderdale
e) all of these cities
“a”;
The board shall maintain its official headquarters in the City of Tallahassee.
Licensure by examination requires all of the following, EXCEPT:
a)non-refundable application fee and non-refundable examination fee
b)proof of doctoral-level psychological education
c) proof of 2 years or 4,000 hours of experience in the field of psychology under supervision of a licensed psychologist
d) proof of passing the national examination in psychology
e) none of the above
“e”
none of the above; all are required.
Licensure by examination for school psychologists include all but the following requirements:
a) received a doctorate, specialist, or equivalent degree primarily in psychological in nature that includes 60 semester hours or 90 quarter hours of graduate study in areas related to school psychology
b) has a minimum of 2 years experience in school psychology
c) has passed an examination provided by the department of health
“b”;
to receive licensure as a school psychologist, a minimum of 3 years of experience in school psychology are required, 2 years of which must be supervised by an individual who is a licensed school psychologist or otherwise qualified (this includes the doctoral internship).
All of the following statements are true about provisional licensure EXCEPT one:
a) must submit an application fee and have earned a doctoral degree in psychology
b) must work under the supervision of a licensed psychologist
c) license expires 24 months after date it is issued and may not be renewed or reissued
d) may stop supervision before receiving his/her actual license as a letter from the dept of health stating that s/he is licensed suffices until the license arrives
e) all are true
“e” all are true;
the provisional licensee must work under the supervision of a licensed psychologist until the provisional licensee is in receipt of a license or letter from the department stating that he or she is licensed as a psychologist
Definition: “Board” means…
a) Board of Psychology
b) Board of Psychological Examiners
c) Board of Licensed Psychological Examiners
a) “Board” means the Board of Psychology
Provide the correct definition for the word “Department”:
a) Florida Department of Psychology
b) Department of Health
c) Psychology Department
d) Department of Florida Licensed Psychologists
b) Department of Health
The application processing fee for licensure as a psychologist in the State of Florida is not to exceed:
a) $1105
b) $250
c) $500
d) None of the above
Answer: c) $500
a) $1105; this is the total amount that must be submitted with your application, but it includes (in addition to the $500 application processing fee) $200 for the Florida laws & rules exam fee, $400 initial licensure fee, and a $5 unlicensed activity fee. WHAT A RIP-OFF!
b) This is the application processing fee for school psychologists
The Department shall license a person as a psychologist or school psychologist who demonstrates all of the following, EXCEPT:
a) Holds a valid license to practice psychology in another state (the requirements of such were equivalent to or more stringent to those in Florida)
b) Is a diplomate in good standing with the ABPP
c) Possesses a doctoral degree
d) Passes the Florida Rules and Laws examination
e) Must not be under investigation in any jurisdiction
f) Has at least 15 years of experience as a licensed psychologist within 20 years preceding the date of application
Answer: f) Has at least 15 years of experience as a licensed psychologist within 20 years preceding the date of application.
Applicants by endorsement must have at least 20 years of experience as a licensed psychologist in any jurisdiction or territory of the United States within 25 years preceding the date of application.
True or False: Violation of any of the disciplinary policies is grounds for denial of licensure or disciplinary action.
True
Attempting to obtain, obtaining, or renewing a license by bribery or fraudulent misrepresentation or through an error of the board or department __________.
a) is not subject to disciplinary action since it is the board or department’s fault if they fall for it
b) is grounds for denial of license or disciplinary action
c) is grounds for revocation of your current license in another state
d) is punishable by law
b) is grounds for denial of license or disciplinary action
Note: Answers c) and d) while true are not addressed in the code.
Pick the best answer in relation to the following statement: The board or department may deny you a Florida license to practice as a psychologist or take disciplinary action upon you if your license to practice a comparable profession is revoked, suspended, or otherwise acted against, including the denial of certification or licensure by another state, territory, or country:
a) This statement is untrue, since one state’s revocation of a license should have nothing to do with another state’s potential licensing
b) This statement is true, since a state may consider your unethical behavior in another state as part of their criteria when deciding whether to license you in their state
b) This statement is true,
since a state may consider your unethical behavior in another state as part of their criteria when deciding whether to license you in their state
True or False:
Being convicted, found guilty, or entering a plea of nolo contendere of a crime constitute grounds for denial of a license or disciplinary action.
Answer: False; this is a trick question due to two aspects.
First, a plea of nolo contendere (neither admitting nor disputing the charge) creates a rebuttable presumption of guilt in which the board shall allow the person who is the subject of the disciplinary proceeding to present any evidence relevant to the underlying charges and circumstances surrounding the plea.
Second, the alleged crime must directly relate to the practice of psychology or the ability to practice psychology in order for the board to consider denial or revocation.
True or False:
It is okay to advertise in a manner that communicates to your potential client or patient that your treatment will result in beneficial results or that paying more for psychotherapy is a guarantee that you will be cured (e.g., “You get what you pay for” mentality).
Answer: False
False, deceptive, or misleading advertising or obtaining a fee or other thing of value on the representation that beneficial results from any treatment will be guaranteed constitutes grounds for denial of a license or disciplinary action.
True or False:
It is acceptable to advertise or practice under a name other than one’s own as long as this name matches the one that is listed on your Florida license.
Answer: False
Advertising, practicing, or attempting to practice under a name other than one’s own constitutes grounds for denial of a license or disciplinary action.
Pick the best answer in relation to the following statement:
You have created a professional association with another psychologist (e.g., you are in private practice with this person) with whom you know to be involved in an unethical practice… you are subject to disciplinary action by the board of psychology since you have chosen to maintain a professional association with this psychologist.
a) You are not subject for grounds for denial of a license or disciplinary action as long as you do not engage in the unethical behaviors of your partner.
b) You must dissolve your professional association or possibly be subject to disciplinary action.
Answer: b) You must dissolve your professional association or possibly be subject to disciplinary action.
Maintaining a professional association with any person who the applicant or licensee knows, or has reason to believe, is in violation of the department or board rules ,may constitute grounds for denial of a license or disciplinary action.
Pick the best answer in relation to the following scenario:
You are a licensed psychologist who is supervising a psychology intern who has only one month left in her internship. She has already passed the EPPP examination and will have fulfilled her obligations for licensure as soon as her postdoc is completed. You know that your supervisee is badly in need of referrals for clients as she intends to set-up a private practice in about a month. As a favor to her, you begin telling people that you know of a newly licensed psychologist and give potential clients her name and number.
a) You have committed an unethical practice since you are making it seem as if your supervisee is already licensed and your actions constitute grounds for denial of a license or disciplinary action.
b) You have not committed an unethical practice because it is up to the other individual to make it clear to potential clients that she is not yet licensed.
Answer: a) You have committed an unethical practice since you are making it seem as if your supervisee is already licensed and your actions constitute grounds for denial of a license or disciplinary action.
Knowingly aiding, assisting, procuring, or advising any non-licensed person to hold himself or herself out as licensed constitutes grounds for denial of a license or disciplinary action.
True or False:
Failing to perform any statutory or legal obligation placed upon a person licensed constitutes grounds for denial of a license or disciplinary action.
True
Pick the best answer in relation to the following scenario:
A fellow psychologist comes to you for a consultation on an issue that he believes requires him to file a report to the Board. You and he talk about it at length and it appears to you that due to the circumstances, it does not appear to you that anything wrong has been done. You advise the psychologist that he does not need to file a report. Later that day, you see that he has created a report to the Board. You take it upon yourself to throw the report away as you wish to spare him the embarrassment of filing an unneeded report with the Board and thereby causing the other psychologist’s name to be brought before the Board in a manner that will hold him out as unknowledgeable about the Board’s code of conduct.
a) You have acted in a conscionable manner in an effort to help your fellow psychologist
b) You have committed an unethical act which may constitute grounds for denial of a license or disciplinary action
Answer: b) you have committed an unethical act which may constitute grounds for denial of a license or disciplinary action since you have willfully impeded or obstructed the filing of a report.
Willfully making or filing a false report or record; failing to file a report or record required by state or federal law; willfully impeding or obstructing the filing of a report or record; or inducing another person to make or file a false report or record or to impede or obstruct the filing of a report or record constitute grounds for denial of a license or disciplinary action.
Pick the best answer in relation to the following scenario:
You are a newly licensed psychologist who is badly in need of referrals for clients in your new private practice. As such, you make several arrangements with local licensed psychologists that you will provide them with 10% of the collected fees for psychotherapy for each and every client that they refer to you.
a) You are a very smart psychologist who knows how to build up clientele.
b) You have not done anything wrong, but the psychologists who receive 10% of the fees paid by your client’s have.
c) You have acted unethically.
d) Both you and the psychologist receiving the 10% portion of your client’s fee have acted unethically.
Answer:
d) Both you and the psychologist receiving the 10% portion of your client’s fee have acted unethically. This scenario depicts paying and receiving of a “kickback” - a return of a part of a sum received often because of confidential agreement or coercion.
Paying a kickback, rebate, bonus, or other remuneration for receiving a patient or client, or receiving a kickback, rebate, bonus, or other remuneration for referring a patient or client to another provider of mental health care services or to a provider of health care services or goods; referring a patient or client to oneself for services on a fee-paid basis when those services are already being paid for by some other public or private entity; or entering into a reciprocal referral agreement.
True or False:
Failing to respond within 15 days to a written communication from the department concerning any investigation by the department or to make available any relevant records with respect to any investigation by the department or to make available any relevant records with respect to any investigation about the licensee’s conduct or background is grounds for denial of a license or disciplinary action.
False; you have 30 days to respond.
True or False:
Being unable to practice psychology with reasonable skill or competence is grounds for denial of a license or disciplinary action if this incompetence is due to substance abuse or mental illness, but may not occur if your incompetence is due to any mental or physical condition or by reason of illness as this is protected under the Americans With Disabilities Act.
False;
You may be denied a license or subjected to disciplinary action if you are incompetent to practice due to: any mental or physical condition or by reason of illness; drunkenness; or excessive use of drugs, narcotics, chemicals, or any other substance.
Pick the best answer in relation to the following scenario:
The Board has reason to suspect that you are incompetent to practice psychology:
a) The board has the right to compel a licensee to submit to a mental or physical examination by psychologists or physician’s designated by them.
b)The Board may request a mental examination, but not a physical examination as you may not be penalized for your physical condition
c) The Board may request both a mental and physical examination, but you may designate the party who is to conduct the assessment.
d) none of the above
a) The board has the right to compel a licensee to submit to a mental or physical examination by psychologists or physician’s designated by them.
Pick the best answer:
If a licensee refuses to submit to a competency examination:
a) the Board may automatically revoke the licensee’s license to practice psychology
b) the Board may file a petition for enforcement in the circuit court of the circuit in which the licensee resides or does business
c) There is nothing that the Board can do as the licensee has the right to refuse to submit to such testing
d) none of the above
b) the Board may file a petition for enforcement in the circuit court of the circuit in which the licensee resides or does business
Pick the best answer:
A licensee who has been stopped from practicing psychology due to incompentency:
a) will be afforded the opportunity to demonstrate that he or she can resume competent practice once yearly
b) has lost his or her Florida license for an undetermined period of time
c) will be afforded the opportunity at reasonable intervals to to demonstrate that he or she can resume the competent practice
d) none of the above
c) will be afforded the opportunity at reasonable intervals to demonstrate that he or she can resume the competent practice
True or False:
You may perform any treatment or prescribe any therapy considered to be experimentation on human subjects as long as you obtain full, informed, and written consent.
True
True or False:
Your performance as a psychologist is not measured as long as you are physically able to work
False;
You may be subject to disciplinary action if you fail to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance.
Pick the best answer:
Delegating professional responsibilitites to a person who is not qualified by training or experience:
a) may result in disciplinary action by the Board
b) will not result in disciplinary action because it is up to the other person to reveal to you that he or she is not qualified
c) none of the above
a) may result in disciplinary action by the Board
True or False:
You may be subject to disciplinary action if you violate a rule or lawful order relating to the Board or the profession.
Answer: True
There are three circumstances under which you may fail to maintain in confidence a communication made by a patient or client in the context of services.
Name the three.
Answer:
1) court order
2) patient provides waiver in writing
3) duty to warn
When there is a clear and immediate probability of physical harm to the patient or client, to other individuals, or to society the psychologist must complete a duty to warn with includes informing:
a) the potential victim only
b) law enforcement, but not the potential victim, as law enforcement takes responsibility to inform the potential victim.
c) information to the potential victim, appropriate family member, or law enforcement (or other appropriate authorities.
c) information to the potential victim, appropriate family member, or law enforcement (or other appropriate authorities.
True or False:
Failing to maintain in confidence a communication made by a patient or a client may result in disciplinary action by the Board
Answer: True;
however, confidentiality may be broken in three circumstances: court order, signed waiver by the patient or client, and duty to warn.
True or False:
A psychologist may not make public statements which are derived from test data, client contacts, or behavioral research and which identify or damage research subjects or clients.
Answer: True
With regard to the title “psychologist”:
a) anyone may use the title “psychologist” as it is not protected
b) it is protected and no person may describe himself as a “psychologist” unless he holds a valid, active license as a psychologist
c) only the term “clinical psychologist” is protected.
d) none of the above
b) it is protected and no person may describe himself as a “psychologist” unless he holds a valid, active license as a psychologist
True or False:
The terms “psychology,” “psychological,” and “psychodiagnostic” are all protected. No person shall how herself or himself out by title or description incorporating such words or permutations of them unless he or she holds a valid active license.
Answer: True
True or False:
No test or report shall be described as “psychological” unless done so by an individual with a valid active license.
Answer: True
True or False:
Although the term “psychologist” is protected under the code, the term “psychotherapy” is not –anyone can claim to conduct psychotherapy.
Answer: False;
No person shall hold herself or himself out by any title or description incorporating the word, or a permutation of the word, “psychotherapy” unless such person holds a valid, active license.
No person shall hold herself or himself out by any title or description incorporating the word, or a permutation of the word, “psychotherapy” unless such person holds a valid, active license. The previous statement is false because:
a) only the words “psychologist” and “psychology” are protected, not the word “psychotherapy”
b) advanced registered nurse practitioners considered specialists in psychiatric mental health may also use this word
c) it is not a false statement
d) b & c are correct
Answer: d;
both b and c statements are correct. The word psychotherapy is protected against use by unlicensed persons and advanced registered nurse practitioners who have been determined by the Board of Nursing as a specialist in psychiatric mental health may also practice psychotherapy.
True or False:
A licensed psychologist shall conspicuously display the valid, active license to practice psychology at his or her location of practice. If there is more than one location of practice then only one license need be displayed.
Answer:
False; A licensed psychologist shall conspicuously display the valid, active license issued by the department or a true copy thereof at EACH location at which the licensee practices his or her profession.
True or False:
A licensed psychologist must include the words “licensed clinical psychologist” on all professional advertisements.
Answer:
False; the words “licensed psychologist” must be included.
True or False:
You may receive credit for graduate-level courses as long as they are provided by sponsors by the APA.
Answer: True
True or False:
No more than 15 hours of ceu credit may be obtained by completion of graduate level courses.
Answer: False; no more than TEN (10) hours of continuing psychological education credit.
True or False:
CEU credit may be obtained by attending a doctoral program or internship program as long as they are APA-approved.
Answer: True
Regarding CEUs for simple attendance at a state, regional or national psychology convention or conference, the following is true:
a) one may not obtain CEUs from these events
b) CEUs may be obtained, but only 8 credits per biennium
c) CEUs may be obtained but only 4 credits per biennium
d) there is no limit to the number of CEU credits earned per biennium for these events.
Answer:
c) CEUs may be obtained but only FOUR (4) credits per biennium
Obtaining ABPP status:
a) automatically satisfies the 40 CEU credits required per biennium
b) is not credited toward the earnings of CEUs
c) automatically satisfies 37 CEU credits, not including 1 CEU for domestic violence and 2 CEUs for prevention of medical errors
d) none of the above; this is a trick question
Answer:
c) automatically satisfies 37 CEU credits, not including 1 CEU for domestic violence and 2 CEUs for prevention of medical errors
True or False:
CEUs may be earned by presenting or moderating a CEU course, but this may be done only twice per biennium.
Answer:
False; CEUs may be earned for the first time only when one presents or moderates a CEU course.
CEUs may be earned by presenting or moderating a CEU course:
a) the course must be APA approved
b) the course does not have to be APA-approved, but sponsored by a provider approved by the board
c) you may not earn CEUs as a presenter
Answer: b
True or False:
CEUs may be earned by presenting or moderating a CEU course, but the credit will be limited to the number of credits allowed by the program.
Answer: True
True or False:
Up to 15 credit hours per biennium may be earned hour-per-hour by attendance at a Board meeting or Board committee meeting.
Answer: False;
although CEUs may be obtained for each hour of attendance, only TEN (10) credits will be allowed for each biennium regardless of how many hours are attended during the biennium.
True or False:
Attendance at Board meetings may be used to satisfy ethics and legal issues CEU requirements
Answer: True
True or False:
Up to 4 credit hours per biennium may be earned by providing volunteer witness expert opinions (two hours of credit for each case - thus, you may review 2 cases).
Answer: False;
Up to TEN (10) hours per biennium may be completed with 2 credits being awarded each case; thus, up to five cases may be reviewed
True or False:
Home study is not an approved manner of obtaining CEUs for psychological education credit.
Answer: False;
Home study may be used as a means of obtaining CEUs if APA-approved providers or their affiliates provide the home study course.
____ number of CEUs must be completed as a condition of biennial licensure renewal.
Answer: Forty (40)
Of the total number of CEUs earned for general psychological continuing education credits, the Board requires that you also satisfy three areas of study in ______, _____, and _____.
Answer:
1) domestic violence or an end of life and palliative health care,
2) professional ethics and Florida Statues and rules affecting the practice of psychology, and
3) prevention of medical errors.
As a condition of biennial licensure renewal, each licensee must complete _____ number of hours in domestic violence or palliative health care.
Answer: One (1)
As a condition of biennial licensure renewal, each licensee must complete _____ number of hours in professional ethics and Florida Statutes and rules affecting the practice of psychology.
Answer: Three (3)
As a condition of biennial licensure renewal, each licensee must complete _____ number of hours in the prevention of medical errors.
Answer: Two (2)
True or False:
Passage of the laws and rules examination satisfies the requirements for 1 credit of domestic violence, 2 hours of prevention of medical error, and 3 hours of professional ethics and Florida Statutes.
Answer:
False; it does not satisfy the requirement for 1 credit on domestic violence or the requirement for 2 hours relating to medical errors prevention –it only satisfies the 3 hours of ethics and Florida statutes.
The licensee shall retain documentation to substantiate continuing psychological education credit for _____ years following the renewal period for which the CEU was earned.
Answer: Two (2) years
