Imp't CPLEE facts

Question 1

Substance Abuse

Answer 1

1 semester/1 quarter

Question 2

Human Sexuality

Answer 2

10 hours

Question 3

Child Abuse

Answer 3

7 hours

Question 4

Spousal Abuse

Answer 4

2 hours (prior to 2004)
15 hours (post 2004)

Question 5

Aging and Long-Term Care

Answer 5

10 hours (post 2004)

Question 6

Suicide Assessment and Intervention

Answer 6

6 hours (effective Jan 1, 2020)

Question 7

Supervised Professional Experience (SPE)

Answer 7

• -3,000 hours accrued (1 year must be post-doctorally)
• -Formal Internshipe
• -Employee in exempt setting
• -Psych assistant
• -Formal post-doc
• -Registered Psychologist

Question 8

Guidelines and requirements for SPE for Licensed Psychologists

Answer 8

• -Supervisors must completed 6 hrs of supervisory coursework each 2 years
• -Supervisor-Supervisee Agreement–signed, describes duties, goals, etc., verifcation of experience forms to BOP
• -Supervision must be 10% of time worked; 1 hour of face-to-face, max of 44 hrs
• -SPE log must be kept by supervised
• -Primary supervisors must be licensed psych; only exception is psych assistants may be registered to psychiatrists for 750 hrs.
• -Supervisor’s availability–100% of the time they must be available; no minimum hours employed
• -Crisis/emergency plan in place
• -Payment–NEVER paid for supervision
• -Other Professionals–supervisees may NOT working under other prof while accruing SPE
• -Welfare of pts–primary supervisor is responsible!
• -Compliance with law and ethics
• -Delegated supervisors–primary supervisors MUST monitor supervision of delegated supervisors
• -Patient notification of supervisee status–supervisors are responsible for informing each pt prior to rending services that the supervised is unlicensed and under supervision; may occur in person or written statement by supervisor
• -Supervisor-supervisee relationship–employer to employee
• -Professional Therapy Never Includes Sex pamphlet

Question 9

Psychological Assistants

Answer 9

• -must submit application to BOP
• -licensed psychs and psychiatrist may supervise up to 3 psych assistants
• -no charge for supervision
• -psych asst must not have any interest in business
• -psych asst may not rent office space from supervisor
• -psych asst employed by clinch or corp may receive delegated supervision from psych, psychiatrist, other than supervisor to whom she is registered to, as long as delegated supervisor is in same organization
• -psych asst cannot provide any services for a fee, except as employee.
• -supervisor-supervisee agreement form prior to start of SPE

Question 10

Registration of Psych Assistants

Answer 10

• -registered with BOP
• -Renew annually
• -void if not renewed within 60 days of expiration
• -notify BOP with any changes within 30 days
• -limited to a cummulative total of 6 years

Question 11

Inspection of Treatment Records

Answer 11

1. Inspection of tx records: within 5 working days
2. Copies of tx records: transmitted within 15 days
3. Summary of tx records: 10 working days; 30 days if long tx summary
4. Release records to BOP: with pt authorization and within 15 days (1,000/day for each late day)

Question 12

5150 SI

Answer 12

1. 72 hr hold–5150
2. 14 day hold (entitled to cert review within 4 days)
3. Second 14 day hold (post cert holds)–5260
4. can no longer be held

Question 13

Grave Disability

Answer 13

1. 72 hr hold–5150
2. 14 day hold (entitled to cert review within 4 days)
3. 30 day hold (petition for conservatorship)
4. can no longer be held

Question 14

Homicidal Ideation

Answer 14

1. 72 hr hold–5150
2. 14 day hold (entitled to cert review within 4 days)
3. 180 day hold
4. CANNOT be renewed

Question 15

Summary of Reporting Sexual Assault

Answer 15

Child’s Age: Other’s Age: Requirement
Under 14 Any age Report
14 or 15 10 years older Report
Under 16 21 and older Report if sex
16 or older 16 or older No report if voluntary
Under 18 Any age Report if rape/incest

Question 16

Sexual Abuse: 2 forms–sexual assault and sexual exploitation

Answer 16

Sexual assault–rape, stat rape, incest, sodomy, or lewd and lascivious acts, etc

• -Intercourse between adult and minor under 18 is statutory rape–while it is unlawful, mandated reporters ONLY report if person is less than 16 and other is 21 or older
• -Lewd and lascivious bus with a child under age of 14 is unlawful AND requires a report

Question 17

Sexual exploitation

Answer 17

refers to the conduct involving a minor preparing, selling, distributing obscene manner, etc

Question 18

Neglect:

Severe Neglect

General Neglect

Answer 18

Severe Neglect: refers to the negligent failure of the caretaker to protect the child from severe malnutrition

General Neglect: the negligent failure of the caretaker to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child occurs.

Question 19

Willful Cruelty or Unjustifiable Punishment

Answer 19

situation where any person willfully causes or permits any child to suffer, inflicts unjustifiable pain/suffering, or willfully permits health of child to be endangered.
–witnessing DV frequently constitutes unjustifiable emotional suffering; mandated if child is emotionally suffering

Question 20

Unlawful corporal punishment

Answer 20

when a person willfully inflicts upon any child cruel or inhuman corporal punishment or injury resulting in a traumatic condition

Question 21

Emotional abuse

Answer 21

when a child appears to be suffering serious emo damage resulting in anx, dep, aggresive bxs–mandated reporter has option of making a report

Question 22

Reporting Child Abuse

Answer 22

Must be phoned in asap to police, cps, sheriff IMMEDIATELY or as practically possible by phone; a written report must follow 36 hrs

Question 23

Joint knowledge of abuse

Answer 23

when 2 or more people have knowledge of abuse, a member of the team selected by agreement may make the phone and written report. If person fails, the other person must make report

Question 24

Consequences of Reporting or failing to report

Answer 24

No one shall be held criminally or civilly liable

Failure to make report—punishable by 6 mo in jail and $1,000 fine

Failure to make report and result is death or grave injury–punishable by 12 mo in jail and $5,000

Question 25

Elder abuse

Answer 25

Elder: 65 older

Dependent adult: 18-64, limited physical/mental limitations that restrict normal activities

Question 26

Elder abuse reporting timeframes

Answer 26

Living at home: contact adult protective services OR law enforcement; must be made immediately by phone and written within 2 working days

Living at long-term care facility: contact local ombudsman AND law enforcement; must be made immediately and written within 24 hrs

Living in state hospital: contact investigator of state hospital AND law enforcement immediately and written report with 2 hrs.

Question 27

Consequences of not reporting elder abuse

Answer 27

failure to report: 6 mo in county jail and $1,000., or both; when results in death or grave injury, 12 mo in county jail or 5,000 or both

Question 28

Reporting assault

Answer 28

Health providers–mandated to report abuse; must be made to law enforcement immediately and written report within 2 working days

Mental Health providers: NOT mandated to report assault unless patient gives consent

Question 29

Consequences of not reporting assault

Answer 29

health practitioners are immune from civil and criminal liability

failure to report: 6 mo in county jail and $1000 fine or both

Question 30

HIV

Answer 30

mental health providers may NEVER breach patients confidentiality re HIV status

health provider (physicians) may disclose info but must first ATTEMPT to get patient’s consent but consent is not required.

Partner notification: physicians are permitted (not mandated) to disclose HIV status to partners for the purpose of “interrupting the chain of transmission”

HIV info may be disclosed to partner when physician has first discussed test results with pt and attempted to get consent to notify contacts, but consent is not required.

Question 31

Psychotherapist sexual exploitation: illegal under any of these 3 conditions

Answer 31

During therapy: illegal to have sexual contact

Within 2 years of termination: illegal to have sexual contact

Therapeutic deception: sexual contact by means of therapeutic deception is illegal

Question 32

Penalties for sexual exploitation

Answer 32

1. Single (1) act or multiple acts with same victim, with no prior convictions, imprisonment for 6 mo in county jail, $1000 fine, or both
2. Two (2) or more victims, or two or more active with single victim where there is a prior conviction, imprisonment for 1 year in county jail, fine up to $1000, or both, or imprisonment in state prison for 16 mo, 2 years, or 3 years, and a fine up to $10,000, or both

**When psych is found guilty of sexual contact with patient or within 2 years of termination, licensed is REVOKED. Judge may not stay the revocation

Question 33

If colleague is guilty of sexual exploitation

Answer 33

A psych may only report colleague to BOP IF patient consents and gives written authorization; reporting misconduct without patient consent is breach of confidentiality

Question 34

HIPAA: 3 rules

Answer 34

1. Privacy Rule: provides regulations and safeguards regarding confidential patient info
2. Transactional Rule: nationally standardized format must be used for all health-care transactions that are transmitted electronically (insurance claims); must use appropriate software or contract with clearinghouse
3. Security Rule: addresses issues of physical security–locking file cabinets and encrypting emails

**HIPAA compliance is required only when info is transmitted in some electric form. Once this happens, HIPAA rules apply to the ENTIRE practice

Question 35

HIPAA and CA Law

Answer 35

HIPAA is a federal law and can take precedence over state law

When HIPAA is stricter, it supersedes state law

When state law is stricter, it supersedes HIPAA

When HIPAA and state law are contradictory, the psych MUST follow HIPAA

Question 36

HIPAA and CA–access to tx records of adult patients

Answer 36

CA law allows the provider to deny access to records when adverse or detrimental consequences are anticipated

HIPAA states that access to records can be denied ONLY when psych determines that access is reasonably likely to endanger life/safety of individual

Question 37

Penalties for HIPAA

Answer 37

1) administrative sanction
2) civil penalties of $100/violation up to a $25,000/year
3) fines up to $250,000 or 10 years imprisonment, or both, for deliberate and knowing violations of pts. privacy

Question 38

Definitions re HIPAA

Answer 38

PHI: protected health info; health info that identifies pt, transmitted or maintained in any form ), mh conditions, provision of services and payment (chart notes)

Psychotherapy Notes: aka process notes; psych’s documents analyzing content of session; HIPAA requires that these be kept separate from the medical record (physically). Managed care orgs/3rd parties may NOT release psychotherapy notes to get reimbursement

Generalized Consent: pt must be informed of privacy policy (does not have to be written). PHI can be disclosed without consent IF for treatment, payments, and health care operations

Authorization: obtaining pts permission to disclose info on a ROI form; according to HIPAA a psych does NOT need to obtain authorization for disclosure, as long as disclosures are for purpose of tx, payment and health care operations. But psych needs authorization for any other use of disclosure.

Question 39

Summary of Patient Rights under HIPAA

Answer 39

1. right of notice: info about psych’s privacy policy; pt should be provided with a written copy of privacy policy
2. Right to request restrictions: psych’s are obligated to agree to ‘reasonable requests’ to restrict use and disclose of PHI
3. Right to receive conf communication by alternative means/locations: pt’s may elect to have psych mail bills to another address; not call them at home.
4. Access to records: right to inspect, receive copy of PHI in record. Records may ONYL be withheld when disclosure would jeopardize life/safety of pt.
5. Right of amendment: Pts may request change to their PHI to improve accuracy
6. Right of accounting: pts have right to receive an accounting of all disclosure of PHI for the past 6 years

Question 40

HIPAA Duties of Psych

Answer 40

1. written privacy policy–must be given to al pts
2. Tracking disclosures
3. Compliance of employees and BA’s
4. Protection for psychotherapy notes
5. Safeguarding access to PHI