FL Jurisprudence Flashcards
1
Q
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.
A
Answer: All of these answers are applicable to the intent of the Psychological Services Act.
2
Q
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.
A
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.
3
Q
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”
A
Answer: Believe it or not, this is true.
4
Q
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
A
Answer: All are included.
5
Q
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”
A
Answer: “d” all of the above.
6
Q
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).
A
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).
7
Q
True or False: Psychological services may be rendered to individuals, couples, families, groups, and the public without regard to place of service.
A
Answer: True
8
Q
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.
A
Answer: True
9
Q
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?
A
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.
10
Q
The practice of school psychology includes:
a) assessment
b) counseling
c) consultation
d) development of programs
e) all of the above
A
“e” all of the above.
11
Q
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.
A
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.
12
Q
The Board of psychology is composed of _____ number of licensed psychologists:
a) 2
b) 7
c) 5
d) 6
e) none of the above
A
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.
13
Q
True or False: At least one member of the board must be 60 years of age or older.
A
True
14
Q
Members of the Board are appointed for _____ years:
a) 1
b) 2
c) 3
d) 4
e) none of these
A
“d”;
Members shall be appointed for terms of 4 years and shall serve until their successors are appointed.
15
Q
The Board maintains its headquarters in:
a) Tallahassee
b) Miami
c) Boca Raton
d) Ft. Lauderdale
e) all of these cities
A
“a”;
The board shall maintain its official headquarters in the City of Tallahassee.
16
Q
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
A
“e”
none of the above; all are required.
17
Q
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
A
“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).
18
Q
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
A
“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
19
Q
Definition: “Board” means…
a) Board of Psychology
b) Board of Psychological Examiners
c) Board of Licensed Psychological Examiners
A
a) “Board” means the Board of Psychology
20
Q
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
A
b) Department of Health
21
Q
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
A
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
22
Q
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
A
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.
23
Q
True or False: Violation of any of the disciplinary policies is grounds for denial of licensure or disciplinary action.
A
True
24
Q
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
A
b) is grounds for denial of license or disciplinary action
Note: Answers c) and d) while true are not addressed in the code.
25
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
26
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.
27
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.
28
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.
29
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.
30
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.
31
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
32
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.
33
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.
34
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.
35
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.
36
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.
37
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
38
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
39
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
40
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.
41
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
42
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
43
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
44
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.
45
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.
46
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
47
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
48
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
49
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
50
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.
51
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.
52
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.
53
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.
54
True or False:
You may receive credit for graduate-level courses as long as they are provided by sponsors by the APA.
Answer: True
55
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.
56
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
57
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
58
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
59
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.
60
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
61
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
62
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.
63
True or False:
Attendance at Board meetings may be used to satisfy ethics and legal issues CEU requirements
Answer: True
64
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
65
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.
66
____ number of CEUs must be completed as a condition of biennial licensure renewal.
Answer: Forty (40)
67
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.
68
As a condition of biennial licensure renewal, each licensee must complete _____ number of hours in domestic violence or palliative health care.
Answer: One (1)
69
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)
70
As a condition of biennial licensure renewal, each licensee must complete _____ number of hours in the prevention of medical errors.
Answer: Two (2)
71
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.
72
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
73
True or False:
In order to hold one's self out as a "Qualified Practitioner" in the area of sexual offender treatment, one must complete 20 of the 40 renewal CEUs in the evaluation and treatment of sexual offenders and related legal and ethical issues.
Answer: True
74
If your license is revoked by the Board, you must wait _____ number of years before you may reapply for licensure:
a) 2 years
b) 7 years
c) 10 years
d) 1 year
Answer:
b) 7 years; Applicants whose licenses have been revoked by the Board may not reapply for licensure until at least seven (7) years have elapsed since the latter of the Board's final order of revocation or the issuance of the final mandate from an appellate court affirming the revocation of licensure by the Board.
75
True or False:
The Board will not entertain any application for re-licensure until and unless the applicant whose license has been revoked has complied with any order which imposed fine or set conditions to be met by the applicant.
Answer: True
76
YES or NO
A person's license was revoked in 1995, and she reapplied for licensure in 2000; however, the requirements for licensure changed. May the reapplicant receive a new license based on meeting the requirements at her initial licensure?
Answer: No;
Applicants whose licenses have been revoked by the Board must meet all the requirements for licensure that exist at the time of re-appliaction, including examination.
77
Yes or no;
are applicant's whose licenses have been revoked required to appear before the Board?
Answer: Yes
78
True or False:
At the time that an applicant is reapplying for licensure after revocation, the Board may impose additional conditions (other than those already satisfied) on the applicant to satisfy the Board that the applicant has been rehabilitated and is capable of safely providing services to the public.
Answer: True
79
When the Board finds that an applicant has attempted to obtain a license by bribery or fraudulent misrepresentation:
a) his application is denied until such time that he is able to appropriately secure one
b) his application is denied for a minimum of seven (7) years
c) his application is permanently denied
d) he must go through appellate court to obtain the right to seek reapplication if permanently denied
Answer: c) his application is permanently denied
80
When the Board finds that an applicant has been disciplined by any regulatory body in any jurisdiction for sexual misconduct or for any action involving the trespass of sexual boundaries:
a) his application is denied until such time that he is able to demonstrate appropriate behaviors for 1 year
b) his application is denied for a minimum of seven (7) years
c) his application is permanently denied
d) he must go through appellate court to obtain the right to seek reapplication if permanently denied
Answer: c) his application is permanently denied
81
If the Board finds that an applicant has been disciplined by any regulatory board (for reasons other than those that require immediate revocation of licensure) or been found guilty of any crime, the Board:
a) may deny licensure application permanently
b) may deny licensure for up to two years and then must allow reapplication
c) must grant licensure if the applicant's training and education meet licensure criteria, but is allowed to do so under probationary terms
d) has the right to either deny the application permanently OR deny the licensure for two years to allow the applicant an opportunity for rehabilitation, OR if rehabilitation is demonstrated to the satisfaction of the Board, grant licensure and place the applicant on probation under reasonable terms and conditions
Answer: d
82
True or False:
Psychologists practicing with a limited license may only provide services to indigent, underserved, or critical need populations (check manual)
Answer: True
83
In order to receive a limited licensure, the applicant:
a) must already be retired
b) must either be retired or retire within 6 months of receiving licensure
c) may not be retired at the time of application, but must retire within 6 months of receiving limited licensure
d) none of the above
Answer: b
84
True or False:
In order to receive limited licensure, the applicant must have been licensed to practice in any jurisdiction in the United States for at least 10 years in the profession for which the applicant seeks a limited license
Answer: True
85
True or False:
The application fees and all licensure fees shall be waived if the applicant for limited licensure will not receive monetary compensation for any services provided.
Answer: True
86
For the purpose of limited licensure, underserved populations include all but one of the following:
a. indigent people with developmental disabilities
b. indigent immigrants from other countries
c. indigent American Indians living on Indian reservations
d. indigent adults over the age of sixty-five (65) years
e. people living within a twenty (20) mile radius of any site in the state which has no other psychologist practicing in that twenty (20) mile radius
Answer: d;
the provision is made for indigent adults over the age of fifty-nine (59) years of age
87
The recipient of a limited license may practice:
a) only in the employment of public agencies or institutions or nonprofit agencies or institutions
b) may not work for non profit agencies or institutions, but may work for public agencies and institutions
c) have no limitation on the setting in which they work as the limitations are only applicable to the populations served
d) none of the above
Answer: a
88
True or False:
Psychologists practicing under limited licensure do not have to carry liability insurance.
Answer: False
89
To renew an active license, the licensee must complete _____ hours of approved CEUs per biennium.
Answer: Forty (40)
90
Each licensee shall provide either written or electronic notification to the Department of the licensee's current mailing address and place of practice within _____ days if changing.
Answer: Forty-five (45)
91
A psychologist has _____ number of days to provide copies of psychological records.
Answer:
THIRTY (30); once the psychologist agrees to provide copies of psychological records, s/he is accorded a reasonable time, not to exceed thirty (30) days to make final entries and copy the psychological records.
92
True or False:
A psychologist may hold back the release of psychological records if the receiving party fails to make payment for the costs of reproducing the records.
Answer:
TRUE; The psychologist may condition the release of the copies upon payment by the requesting party of the reasonable costs of reproducing the records.
93
True or False:
Rather than providing a service user with copies of psychological records, the psychologist may opt to issue a report.
Answer: TRUE
94
If a service user requests a copy of their psychological record, the psychologist's notes pertaining to psychological services:
a) must be included in the copies as these notes are considered pertinent materials to the service user's treatment
b) may be considered raw data and may be released only to a licensed psychologist or school psychologist or when required by law
c) may be included in a report and released to the service user
d) none of the above
Answer:
b) may be considered raw data and may be released only to a licensed psychologist or school psychologist or when required by law
95
True or False:
A psychologist's communications with a client or patient do not have to remain confidential if someone other than the client or patient paid for the sessions and/or consultations.
Answer: FALSE;
The individual's communications with the psychologist shall remain confidential regardless of who pays for the services.
96
Entries into the patient's records should be made within _____ days.
Answer: TEN (10)
97
The psychologist shall retain client's records for a minimum of _____ years after the completion of planned services or the date of last contact with the user, whichever event occurs later in time.
Answer: THREE (3)
98
Either the complete psychological records or a summary of those psychological records shall be retained for 7 years since the completion of planned services or the date of last contact. This is an additional ____ number of years from when the total record must be kept.
Answer: FOUR (4)
99
True or False:
A licensed psychologist is not required to retain psychological records if the psychologist's patients were assigned to the psychologist by a business entity which agrees to maintain and retain the confidentiality of the psychological records.
Answer: TRUE
100
True or False:
The psychologist is responsible for and in control of all psychological records rendered by any person under the supervision of the licensed psychologist.
Answer: TRUE;
The licensed psychologist shall maintain full and total responsibility for and control of all psychological records relating to users of the licensee's psychological services and of the users of the psychological services rendered by any person under the supervision of the licensed psychologist.
101
According to Florida Statutes, the privilege of refusing to disclose confidential communications between patient and psychotherapist may NOT be claimed on the patient’s
behalf by the patient’s
A. attorney.
B. financial planner.
C. guardian.
D. psychotherapist.
Answer: B
102
According to Florida Statutes, which condition is by itself classified as a mental illness?
A. antisocial behavior
B. drug addiction
C. impairment of the emotional processes
D. retardation
Answer: C
103
Associating with persons who are in violation of the rules of the Board of Psychological Examiners
A. calls for an automatic 30-day suspension of the person’s license.
B. cannot legally be restricted by the Board of Psychological Examiners.
C. is grounds for disciplinary action if the relationship is of a business or professional nature.
D. is grounds for the issuance of a felony warrant.
Answer: C
104
According to Board rule, a violation of Chapter 490 can result in all of the following EXCEPT
A. denial of an application for licensure.
B. imposition of an administrative fine for each count of a separate offense.
C. revocation of an application for licensure.
D. suspension of a license.
Answer: B
105
A psychologist is required by statutes to list the words “licensed psychologist” on any
A. case notes.
B. letterhead stationery.
C. psychological test report.
D. Yellow Page ads.
Answer: D
106
When there is a clear and immediate probability of physical harm to the patient or others, a psychologist can communicate such information to everyone EXCEPT
A. law enforcement personnel.
B. other state agencies.
C. the appropriate family member
D. The potential victim
Answer: B
107
Psychologists’ records must include all of the following EXCEPT
A. basic communication data.
B. dates of service and types of services provided.
C. education records.
D. presenting symptoms or request for services.
Answer: C
108
What does Chapter 490 Cover?
Psychological Services or the "psychological services act"
109
What does Chapter 64B19 cover?
Florida Administrative Code
110
What does Chapter 39.201 cover
Florida Statutes, required reports of child abuse, abandonment, or neglect; sexual abuse of a child; etc.
111
What does Chapter 90.503 cover?
Psychotherapist-patient privilege
112
What does Chapter 394 Cover?
Florida Statutes & Florida Mental health Act
113
What does Chapter 415 Cover?
Florida Statutes, Adult Protective Services
114
What does chapter 456 cover?
Health professions and occupations, general provisions.
115
What is the intent of the Psychological Services Act?
1. Emotional survival is equal in importance to physical survival.
2. Must provide privileged communication to encourage needed or desired psychological services to be sought
3. Practice of psych or school psych by unqualified persons presents a danger to public health, safety, and welfare.
116
Define Doctoral-level psychological education
1. Psy.D., Ph.D., Ed.D. in psychology from an accredited institution recognized and approved by DoE of US and Canada
2. Institution had programmatic accreditation from an agency recognized by DoE
117
How do you define the "Practice of Psychology"
1. Observation, description, evaluation, interpretation, and modification of human bx, by the use of scientific and applied psychological principles.
2. Without regard to place of service
3. Regardless of payment
118
Practice of School Psychology- "Assessment"
Psychoeducational, developmental, and vocational assessment
119
Practice of School Psychology- "Counseling"
Short-term situation-oriented professional interaction for amelioration or prevention of learning/adjustment problems.
120
Practice of School Psychology- "Consultation"
Psychoeducational, developmental, and vocational assistance or direct educational services to schools etc.
121
Practice of School Psychology- "Development of programs"
Designing, implementing, or evaluating educationally and psychologically sound learning environments.
122
Board of Psychology
1. 7 Members appointed by governor
2. 5 Members must be licensed psychologists
3. 2 Members must be lay citizens
4. 1 Member must be >60yo
5. 4yr term
123
Psychology Licensure by Examination Requirements
1. Application Fee $200
2. Examination Fee
3. Proof (transcripts) of doctoral level education, 2 yrs (4K hrs) of experience in the field of psychology, Passed national and state law examination
124
School Psychology Licensure by Examination Requirements
1. Application Fee
2. Examination Fee
3. Proof of doctorate, specialist, or equivalent degree, 60 semester (90 quarter) hours of school psych education, 3 yrs of experience in the field of school psychology (2 yrs supervised by licensed school psychologist), Passed national and state law examination
125
Application Closure?
Closed after 24 mos if fail to pass EPPP, FLRE, fails to submit evidence of completion of post-doc
126
Provisional Licensure Requirements
1. Application form and fee $250
2. Doctoral degree in psych
3. Met any additional req
4. Must work under supervision of licensed psychologist (must submit letter by supervisor during time of application)
5. Expires after 24 mos, may not be renewed or reissued
127
Licensure by Endorsement Requirements
1. Application and fee $200
2. Holds a valid license in another state (requirements must be more stringent), is a diplomate, OR has doctoral degree + 20 yrs of experience within last 25 rs
3. Pass FLRE
128
"Licensed Psychologist"
1. Words included on all professional advertisements (business cards ARE NOT professional advertisements)
2. Must conspicuously display license
129
No requirement for licensure
1. salaried employee of gvmt agency; dev disability facility or program etc. as long as the employee is practicing within training bounds and is not held out to the public as a psychologist
2. Salaried employee providing services for no charge and not held out to be a psychologist
3. Is a student accumulating experience (must be designated by title "trainee" or "intern"
4. Certified in school psychology by DoE and is working in an educational institution
5. Not a resident of the state, working <5 days/month and ,15 days/year, licensed in another state
6. Religious representative
130
What is needed for the Practice of Hypnosis?
Requires 10 additional training hours
131
What is needed for the Practice of Sex Therapy?
Requires 150 additional training hours
132
what is needed for the Practice of Juvenile Sex Offender Therapy?
Requires 30 additional training hours
133
Confidentiality- exceptions
1. Person licensed is defendant in civil, criminal, or disciplinary action
2. Pt agrees in written waiver
3. Imminent probability of harm
134
Maintenance of Records
3 years full set of records + 4 years full or partial set of records
135
"Certified Psychology Specialist"
"Board-Certified Psychology Specialist"
"Psychology Diplomate"
Psychologist with recognized special competency acquired through an organized sequence of formal education, etc. that is recognized by a certifying body approved by the board
136
BoP Meetings
1. Excused absences: court order, subpoena, business with a court, death of a family member, illness, or hospitalization of family member.
2. Maximum of 3 unexcused consecutive regularly scheduled board meetings may be missed
137
BoP- Public Comment
1. Limited to 5 minutes
2. Notify Board of interest in writing
3. if >3 people, must designate representative
138
EPPP required score
Minimum passing score is 500
139
FLRE Passing Score
(Florida Jurisprudence)
Minimum passing score is 32/40 (80%)
140
Post Doctoral Requirements
1. 2K hours supervised experience (20 hrs/week for 2 years or 40 hrs/week for 1 year), 900 must be direct client contact
2. Must use title "psychology resident" or "post-doctoral fellow"
3.Consultation reports and summaries shall be cosigned by supervisor
4. There may be no conflict of interest or relationship between supervisor and resident
5. 2 hrs of clinical supervision/week (1 hr must be face-to-face)
141
Supervisor Responsibilities
1. Enter an agreement detailing applicant's obligations and remuneration + supervisor's responsibilities
2. Determine that fellow was capable of providing competent and safe service
3. Maintain professional responsibilities
4. 2 hrs of supervision (1 FTF)
5. Prevail in all professional disagreements
6. Is informed of all services performed by fellow
7. Advise board of any complaints against fellow
142
Application Closure - Extension
Request in writing additional 12 mos and demonstrate good faith effort to comply but has been unable to due to unusual hardship
143
Denial of Licensure
1. Attempting to obtain license through fraud or bribery
2. sexual misconduct
*May be permanent denial OR denied for 2 years to allow for rehabilitation
144
Plea of Nolo Contendere
Creates rebuttable presumption of guilt of the underlying criminal charges. The presumption cannot be overcome absent clear and convincing evidence of applicant's innocence of the underlying criminal charges
145
Limited Licensure - Features for applications (3)
1. Retired or plan to retire in 6 mos; working with underserved or critical need pop living within 20 mile radius of any site which has no other psychologist practicing.
2.Application fee $25 unless working for no compensation
3. Application form
146
Initial fee for licensure
$100
147
Biennial Active License Renewal Requirements (3 features)
1. Fee $295
2. 40 CE hrs (2 must be on medical errors/biennial; 2 on DV every 3rd biennial)
3. Statement certifying CE hrs have been completed
148
Biennial Inactive License Renewal (3 features)
1. Fee $295
2. No CE required
3. Statement certifying that the licensee has neither practiced psychology or violated any provisions
149
Biennial Limited License Renewal -- Fee
Fee $25
150
Reactivation of Retired Status License (<5 years) -- (4 features)
1. Written request and Fee $50
2. Biennial Licensure fee $295 for ALL BIENNIALS OUT OF ACTIVE STATUS
3. Pay any owed delinquency fees/change of status fees
4. Proof that completed 40 hrs CE/ biennium in which licensee was in retired status and for last biennial period in active status
151
Reactivation of Retired Status License (>5 years) -- (5 features)
1. Written request and Fee $50
2. Biennial Licensure fee $295 for ALL BIENNIALS OUT OF ACTIVE STATUS
3. Pay any owed delinquency fees/change of status fees
4. Retake and pass FLRE in preceeding year before applying
5. Proof that completed 40 hrs CE/ biennium in which licensee was in retired status and for last biennial period in active status
152
Reactivation of Inactive Status License (4 features)
1. Written request and Fee $50
2. Biennial Licensure fee $295 for ALL BIENNIALS OUT OF ACTIVE STATUS
3. Pay any owed delinquency fees/change of status fees
4. Proof that completed 40 hrs CE/ biennium in which licensee was in inactive status and for last biennial period in active status
153
Delinquency - Fee
1. Inactive/Active License $400 (+ $295)
2. Limited License $25 (+$25)
154
CE Provider Requirements
1. Application/Renewal Fee $250 due by May 31 of every even numbered year
2. Must be renewed every biennial
3. Must be taught by an individual with at least 2 years of education or research in or practical application of subject matter
4. Must enhance psych skills or knowledge
5. Must submit a narrative description of the program
155
Duplicate License (true copy) fee
$25
156
Change of Status/Retired Status Fee
$50
157
Notice of change of address
1. Written or electronic notification within 45 days
2. Fine $100
158
CE Credit -- (12 Examples)
1. Grad level courses (1 CR=7 CE; 2 CR= 14 CE; 3 CR=21 CE; Max 21 CE/biennium)
2. Colloquium, presentation, workshop, symposium (# of credits they offer)
3. Full attendance workshop/seminar (hour by hour basis)
4. Convention or Conference (1 CE/day; Max 5 CE)
5. ABPP (37 CE; still need 2 CE for DV and 2 CE for prevention of medical errors
6. Presenting a CE (# of credits they offer)
7. Attendance at BoP meetings (1 CE/hr; 10 Max)
8. Any CE course by MQA
9. Volunteer as expert witness (2 CE/case reviewed; 5 Max)
10. Teaching as adjunct (20 CE/new course)
11. Publishing (10 CE Max/publication; 30 Max/biennium)
12. Pro Bono services (1 CE/2hrs worked; 6 Max)
*1 CE hr = 50 minutes
159
No CE Credit -- what doesn't qualify
1. Regular work as psychologist
2. Independent, unstructured or self-structured learning
3. Personal psychotherapy or personal growth experience
4. Obtaining or providing supervision or consultation from or under a psychologist
5. Home study
160
40 Hour CE Breakdown
1. Professional ethics 3/40
2. Prevention of medical errors 2/40
3. Domestic violence 2/40 every 3rd biennium (6 years)
*Keep copies of proof for 2 years in case BoP request
161
Maintenance of CE Provider Status
1. Require each participant to remain for entire program
2. Provide each program attendee with evaluation form
3. Retain originals of evaluation forms for 3 years
4. 1 CE hr = 50 min
5. Notify BoP of address change within 2 weeks
6. If significant change in program, notify the board 30 days in advance
7. Conduct minimum 1 program/year
162
Probable Cause Panel - comprised of how many members
2 Members (No more than 1 member may be lay member)
163
Sexual Misconduct
Prohibited due to unequal distribution of power regardless of assertion of consent by client
164
Fines
Must be paid within 30 days
165
Minor Misconduct; Notice of Non-compliance
1. Failing to include "licensed psychologist"
2. Failing to respond within 30 days to a written communication from the department re: investigation
3. Failing to notify board of change of address and place of practice after 45 days but within 60 days
166
Events involving $500 Citations
1. Practicing on an inactive/delinquent license <3 mos
2. Failing to respond within 30 days to a written communication from the department
167
Events involving $250 Citations
Failing to notify board of change of address and place of practice after 60 days but within 90 days
168
Events involving $100 Citations
1. Failure to display license
2. Worthless bank check
3. Failing to report conviction or plea of nolo contendere within 30 days but ultimately reported in fewer than 91 days
4. Failing to identify type of license
169
Mediation permitted
1. Misleading advertisement
2. Failing to explain confidentiality and nature of evaluation
3. Misrepresenting credentials
4. Failure to provide requested copies of reports or tx
5. Failing to write a report consistent with referral question
6. Failing to use appropriate dx and procedure codes
7. Failing to perform a clinical exam independent of testing process
8. Failing to terminate inpatient tx following request
9. Breech of confidentiality
10. Making public statements that damage research subjects or clients
170
Release of Test Data OK when
1. Licensed psychologist or school psychologist
2. Court order
3. Court evaluation
*Maintain integrity of test protocols
171
Consent for Tx of Minors not needed when
1. Emergency situation
2. Receives written permission from any adult who claims to have authority to consent
172
Custody Evaluation Requirements
1. May not be done by treating psychologist (though may be fact witness)
2. Guardian ad litem may not also be evaluator
173
Specialty Certifying Body (ABPP)
1. Independent, national in scope, incorporates standards of the profession.
2. Clearly describes purposes, bylaws, policies and procedures
3. Has established standards for specialized practice
4. Has implemented and documented a comprehensive assessment procedure designed to measure competency (oral exam and peer review of practice samples; may include written exam)
174
Disposal of records- change/termination of practiceRecord keeping requirements
1. Must contain demographics, presenting problem or referral question, dates and types of service.
2. May include test data, hx, progress notes, copies of correspondence, relevant notes concerning conversations with significant persons other than pt.
3. Record entries must be made within 10 days following each visit
175
Disposal of records- change/termination of practice
Provide notice in newspaper of greatest circulation for 4 consecutive weeks denoting date of termination and location where records can be retrieved
176
Disposal of records- death of provider
1. Ensure retention of records for 2 years and 2 months
2. Within 1 month of death, publish in newspaper of greatest circulation the notice for 4 consecutive weeks. Include address where records can be retrieved.
3. After 24 months from death, post another notice for 4 consecutive weeks indicating records will be destroyed one month from last date of publication. Include address where records can be retrieved.
4. Destroy all unclaimed records
177
Releasing records
1. May not be contingent upon payment for services
2. May be contingent on payment for records
3. Must be issued within 30 days of request
4. Psychologist's notes are considered raw data (release only to licensed psychologist or otherwise required by lay [court order])
178
Mandatory Reporters -- Must provide name
1. Physician or other healthcare personnel
2. Mental Health practitioner
3. Spiritual healer
4. School officials
5. Social worker/childcare personnel
6. Law enforcement officer/judge
*Name will be entered into report but will be held confidential and exempt
179
Abuse reporting process
1. Abuse report submitted to central abuse hotline (IP address or telephone number will be entered into the report but will be kept confidential)
2. Investigation commences immediately (as needed) or within 24 hours of initial report
3. Report of allegation provided to sheriff's office within 48 hours after initial report
180
Abuse Reporting- Pregnant minor by >21 yo adult
Must be reported UNLESS reporting interferes with provision of medical services
181
Abuse Reporting- Pregnant minor by >21 yo adult
asdf
182
How many days a week can a minor be held/seen for crisis care until parental consent
adf
