General Business Practices Flashcards

Laws and Regulations Related to General Business Practices

1
Q

What is the purpose of the Board of Psychology?

A

The purpose of the Board of Psychology (BOP) is to regulate providers of psychological services with the goal of protecting the public.

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2
Q

What are the requirements for psychological assistants?

A

Psychological assistants must have at least a master’s degree and may provide limited psychological services under the direct supervision of the licensed psychologist or board certified psychiatrist to whom they are registered.

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3
Q

What are the requirements for registered psychologists?

A

Registered psychologists must have at least a doctoral degree and 1,500 hours of supervised professional experience (SPE). They are registered to provide psychological services at nonprofit community agencies that receive a minimum of 25% of their funding from government sources. Registration is in effect for 30 months from the date of issuance and cannot be renewed. The registrant cannot re- register as a registered psychologist to the same agency.

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4
Q

What practices are not included as part of the roles and functions of a psychologist?

A

The practice of psychology does not include prescribing drugs, performing surgery, or administering ECT (electroconvulsive therapy).

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5
Q

What are the Substance Abuse coursework requirements, prior to licensure?

A

Coursework must be at least a semester or quarter term in length.

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6
Q

What are the Human Sexuality coursework requirements, prior to licensure?

A

A minimum of ten hours of coursework in human sexuality is required.

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7
Q

What are the Child Abuse coursework requirements, prior to licensure?

A

Prior to licensure, candidates must complete a course in child abuse assessment and reporting. This course must be at least seven hours in length.

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8
Q

What are the Spousal and Partner Abuse coursework requirements, prior to licensure?

A

Candidates for licensure who began their graduate training on or after January 1, 2004 must complete at least 15 hours of coursework in spousal or partner abuse.

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9
Q

What are the Aging and Long Term Care coursework requirements, prior to licensure?

A

Candidates for licensure who began their graduate training on or after January 1, 2004 must complete a minimum of 10 hours of coursework in aging and long-term care.

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10
Q

What are the Suicide and Assessment Intervention coursework requirements, prior to licensure?

A

Effective January 1, 2020, candidates for licensure must show completion of a minimum of six hours of coursework or applied experience in suicide assessment and intervention.

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11
Q

How many hours of SPE must be completed prior to licensure?

A

Applicants must complete two years (3,000 hours) of qualifying SPE prior to licensure. A year of SPE is considered to be 1,500 hours.

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12
Q

What are the general guidelines for accruing SPE?

A

At least one year must be completed post-doctorally.

Each 1,500 hours of SPE must be completed within a 30-month period.

If both years of SPE (3,000 hours) are completed post-doctorally, they must be completed within a 60-month period.

The regulations do not limit the number of hours that may be accrued under a single supervisor. Thus, all 3,000 hours may potentially be accrued under the same primary supervisor.

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13
Q

How many hours of SPE can a psychologist accrue under a board certified psychiatrist?

A

750 hours

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14
Q

What are the general guidelines for a supervisors employment and availability when providing SPE?

A

The regulations require that the supervisor be employed by the same work setting and be available to the supervisee 100% of the time the supervisee is accruing SPE.

There is no minimum number of hours the supervisor must be employed by the same work setting (e.g., the supervisor may be employed by the setting only two hours a week).

Availability refers to supervisor access by cell phone, pager, etc.

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15
Q

What information must a psychological assistant include, when advertising his or her services?

A

If a psychological assistant is advertising services, the advertisement must include a notation that the person is supervised, his or her registration number, and the name and license number of the supervisor.

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16
Q

When does a psychological assistant’s registration become “void”?

A

A registration becomes void if not renewed within 60 days after its expiration.

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17
Q

Within what time frame must a psychological assistant notify the BOP of a change of supervisor or location?

A

The psychological assistant must notify the BO`P within 30 days of any changes in supervisor and/or location.

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18
Q

A psychological assistant may remain registered under a psychologist for how long?

A

Effective October 23, 2010, registration as a psychological assistant is limited to a cumulative total of six years (72 months).

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19
Q

How many hours of CE’s are licensed psychologists required to complete every two years?

A

Licensed psychologists are required to complete 36 hours of continuing education (CE) each renewal cycle, which is an average of 1.5 hours of CE per month.

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20
Q

A license that has expired may be renewed within what time frame?

A

A license that has expired may be renewed any time within three years of expiration.

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21
Q

In order to reactive their license, a psychologist must complete what requirements?

A

In order to reactivate their license, the psychologist must complete 36 hours of continuing education, training in law and ethics, as well as any other mandatory courses, for the two-year period prior to establishing the license as active.

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22
Q

Continuing education earned via independent learning shall be no more than what percentage of the hours required for renewal.

A

75%, or 27 hours of the 36 total

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23
Q

The Board of Psychology encourages licensed psychologists to take continuing education coursework in what three areas specifically?

A
  1. geriatric psychopharmacology
  2. assessment and treatment of AIDS
  3. issues of human diversity.
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24
Q

Effective January 19, 2007 the Board of Psychology requires that any person renewing the psychology license must certify that he or she has obtained training in what area, each license renewal cycle?

A

Law and ethics.

There is no minimum number of hours stipulated. Training should cover changes and updates to laws and regulations related to the practice of psychology, recent changes or updates in the Ethics Code, accepted standards of practice, and other applications of laws and ethics that affect the practice of psychology.

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25
For licensees who began graduate studies prior to January 1, 2004, the Board of Psychology requires what courses?
A one-time course in spousal or partner abuse be taken during the first licensure renewal period, that is at least 1 hour long. A one-time course in aging and long-term care be taken during the first licensure renewal period. This course must be at least three hours long.
26
At the time of first renewal after January 1, 2020, psychologists must attest to meeting what coursework requirement?
A one-time, six-hour suicide risk assessment and intervention requirement, which can be fulfilled by coursework or applied experience.
27
Courses provided by what organizations satisfy the CE requirements?
Courses provided by the American Psychological Association (APA) or its approved sponsor, Continuing Medical Education (CME) courses specifically applicable and pertinent to the practice of psychology Courses provided by the California Psychological Association (CPA) or its approved sponsor
28
The Board of Psychology (BOP) allows persons licensed as a psychologist in another state or territory of the United States or in Canada to provide psychological services in California for up to ____ days in any calendar year.
30 days
29
If a psychologist who is licensed outside of California has applied to the BOP for a California license, the person may provide psychological services without a California license for up to ____ calendar days.
180 calendar days, from either submitting the application or beginning California residency, whichever first occurs.
30
Minor violations are usually subject to what type of action from the BOP?
Non-disciplinary actions. Non-disciplinary actions, except for citation and fine, remain confidential from the public.
31
What are five types of non-disciplinary action taken by the BOP?
1. Mediation 2. Education Letter 3. Letter of Warning 4. Education Review 5. Citation and Fine
32
What are the six types of disciplinary action taken by the BOP?
1. Letter of Reprimand 2. Two Step Agreement 3. Probation 4. Suspension 5. Surrender of License 6. Revocation
33
Mediation
A non-disciplinary action taken by the BOP. Mediation takes place when it is determined that there was no clear violation of the law, but rather a misunderstanding occurred between the consumer and provider (e.g., billing misunderstandings).
34
Educational Letter
A type of non-disciplinary action taken by the BOP. When there has been a minor departure in the standard of care, yet no harm has actually occurred, the BOP may send the provider a letter summarizing the complaint and recommending behavior change to avoid future complaints.
35
Letter of Warning
A type of non-disciplinary action taken by the BOP. When a minor infraction has occurred, yet no harm has resulted, the BOP may send a letter of warning. This letter describes the complaint, summarizes the relevant law, and warns that if the situation recurs, formal action might result. For example, the BOP might issue a letter of warning when a licensee did not include his or her license number on an advertisement.
36
Educational Review
A type of non-disciplinary action taken by the BOP. Educational review is voluntary. When the BOP has serious concerns about a licensee, or a significant violation occurred yet there were insufficient grounds to forward the case to the Attorney General, the licensee is invited to meet with the investigator, expert, or BOP staff to discuss issues of concern in an educational forum.
37
Citation and Fine
A type of non-disciplinary action taken by the BOP. Citation and fine is used for less serious violations, such as false advertising. Fines range from $100 to $2,500 per violation. Citation and fine is not considered a disciplinary action, yet it becomes public record.
38
Letter of Reprimand
A type of disciplinary action taken by the BOP. A letter of reprimand may be negotiated between the BOP, the licensee, and his or her legal counsel. Of the disciplinary actions, this is an option when the violation was not too severe and did not result in patient harm. The letter describes the improper behavior and may mandate coursework or cost recovery to the BOP for the investigation.
39
Two-step agreement
A type of disciplinary action taken by the BOP. The two-step agreement is also an option when the violation was not too severe and no patient harm occurred. For example, a therapist unknowingly inappropriately coded a bill to an insurance company. The agreement may include remedial coursework as well as having a billing monitor over the psychologist’s practice for a specified period of time. Once the conditions are met, the accusation is withdrawn.
40
Probation
A type of disciplinary action taken by the BOP. The probationary period, terms, and conditions are specified. If probation is violated, the license may then actually be revoked. Violations that result in probation include gross negligence, repeated negligent acts, or commission of any dishonest, corrupt, or fraudulent act.
41
Suspension
A type of disciplinary action taken by the BOP During a period of suspension, a licensee may not practice psychology or refer to oneself as a psychologist. A psychologist’s license is automatically suspended while the licensee is incarcerated, after being convicted of a felony.
42
What is an interim suspension order and when is it issued?
An interim suspension order requires that the licensee immediately suspend his or her practice. The interim suspension order is issued when the licensee has been both: 1) in violation of the Business and Professions Code or convicted of a crime substantially related to licensed activity, and 2) the licensee continuing to practice would represent a danger to public health, safety, or welfare.
43
Surrender of License
A type of disciplinary action. Rather than completing an administrative hearing process, a licensee may opt to surrender his or her license.
44
Revocation
A type of disciplinary action taken by the BOP. When a license is revoked, the psychologist has essentially lost his or her license. When a therapist is found guilty of sexual contact with a patient or former patient within two years of termination of treatment, the therapist’s license is automatically revoked. The judge may not stay the revocation.
45
An individual may petition for reinstatement of a revoked, suspended, or surrendered license, after how many years have passed?
Three years
46
An individual may petition for early termination of a probation lasting three years or more. However, how long must they wait before submitting such a petition?
They must wait at least two years. They may also request a modification of a condition of probation.
47
An individual may petition for early termination of a probation lasting less than three years. However, how long must they wait before submitting such a petition?
They must wait at least one year for early termination of probation of less than three years.
48
The BOP may deny registration or licensure when an applicant might not practice safely due what two concerns?
Mental illness or chemical dependency.
49
When an application for licensure has been denied by the BOP, the applicant must wait how long, before reapplying?
When an application for licensure has been denied by the BOP, the applicant must wait a minimum of one year to reapply.
50
The time frame for filing accusations against a licensee is:
Three years from the date the BOP discovers the alleged act that is the basis for disciplinary action or Within seven years from the date the alleged act occurred (10 years in instances of psychotherapist sexual misconduct) Whichever comes first
51
What will happen to your license if you are incarcerated for a felony?
Your license will be suspended.
52
When a psychologist has been convicted of a crime, what may happen to his or her license?
The BOP may suspend, or revoke, your license... BUT, only if the crime is substantially related to the qualifications, duties, or functions of the psychologist.
53
A license to practice can be renewed within how many years of expiration?
3
54
If you began graduate training prior to 2004, there are two CE courses you are required to take during the first licensure renewal cycle. What are they?
Spousal Abuse (1 hour minimum) Aging and Long Term Care (3 hour minimum)
55
What are the four time frames when providing patients with treatment records?
5 working days -- Inspection of records 10 working days – Treatment summary 15 days – Copy of records 30 days – Complex treatment summary
56
After how many days does a psychological assistants registration become void, if not renewed?
A psychological assistants registration becomes void 60 days after expiration.
57
Who is responsible for keeping the SPE log, the supervisor or the supervisee?
The supervisee!
58
Can a primary supervisor delegate a portion of the supervision to an LMFT or a LCSW?
Yes! An LMFT or LCSW may serve as a delegated supervisor.
59
Board certified psychiatrists may serve as primary supervisors to who?
Only to psychological assistants, they can't be the primary supervisor for registered psychologists or psychology interns.
60
How long must a psychologist maintain documentation of CE completion?
For 4 years after licensure renewal
61
False/Misleading Advertising is a misdemeanor. punishable by what?
Up to 6 months in jail and up to $2,500 in fines, or both.