Jurisprudence Study Flashcards
1
Q
What groups are considered vulnerable by the state of MA?
A
1) Elders
2) Disabled Persons
3) Children
2
Q
Define elders + chapter
A
Chapter 19A
Age 60 and older
3
Q
Define disabled persons + chapter
A
Chapter 19C
Ages 18 and 59
People with mental, physical disabilities, MR, someone who is wholly or partially dependent on others to meet daily needs
4
Q
Define children + chapter
A
Chapter 119
Under age 18
5
Q
Define elder abuse. What is unique and reportable about elder abuse?
A
any ACT or OMISSION that results in: physical, emotional and financial abuse, neglect, or death by abuse
- financial exploitation applies to elderly but not other groupings
- elderly people who have religious practices, like Christian Science or Jehovahs witness, and don’t want to get certain medical care for example - is not considered abuse - but this IS reportable with kids and disabled
- self-neglect is also reportable for elderly people
- they can NOT assert privilege/ask that you not report
6
Q
What are the procedures for mandated reporting? Can you be liable for making a report? what is the fine?
A
Need to immediately make a verbal report and within 48 hours make a written report
for elders: to DEA (department of elderly affairs)
for disabled: to DPPC (disabled persons protection commission)
for children: to DSS (department of social services)
*you can’t be liable for making a report if the report is made in good faith and did not perpetrate abuse
fine is $1000 for failing to make verbal/written reports
the threshold: reasonable cause to believe
7
Q
how can court step in if someone is being abused and deemed to lack capacity for consent?
A
if not an emergency, a 14 day hearing can take place
if an emergency, must give 24 hours notice that there will be a hearing
8
Q
Define disabled person abuse. What is unique and reportable about disabled person abuse?
A
any ACT or OMISSION that results in: physical, emotional abuse (including unconsented sexual activity), death by abuse
*unlike with kids and elderly, a disabled person can request that you not make a report; ie they CAN assert privilege
9
Q
when do you need to report things to the DA for each vulnerable population?
A
death by abuse for all categories must ALSO be reported immediately and in writing to the DA/medical examiner in the county where the death occurred.
the following must also be reported to the DA:
elder: serious abuse
child: sexual assault, sexual exploitation, substantial physical abuse
10
Q
Define child abuse. What is unique and reportable about child abuse?
A
reasonable cause to believe:
Physical or emotional injury which causes harm or substantial risk of harm (including sexual abuse)
Neglect (including malnutrition)
Physical dependency to addictive drug at birth
- there are no exceptions for religious rights for kids
- kids cannot assert privilege/ask not to report
11
Q
what is CHINS?
A
child in need of services
runaway, stubborn child, truant child, habitual school offender
12
Q
what is a runaway?
A
type of CHINS
runaway: Child below the age of 17 who persistently runs away from home
13
Q
what is a stubborn child?
A
type of CHINS
stubborn child: persistently refuses to obey the lawful and reasonable commands of his parents/legal guardian, thereby resulting in said parent’s or guardian’s inability to adequately care for and protect said child.
14
Q
what is a truant child?
A
type of CHINS
truant: Child between 6 and 16 who persistently and willfully fails to attend school
* kids over 16 y/o do not have to attend school in MA
15
Q
what is a habitual school offender?
A
type of CHINS
habitual school offender: persistently violates the lawful and reasonable regulations of his school (habitual school offender).
16
Q
what are grandparents’ rights?
A
Grandparents retain visitation rights when:
• Child is in family foster care, unless this is not in the child’s best interests
• Parents divorce
• Parents are married but living apart
• Either/both parents are deceased
• Child is born out of wedlock and parents don’t live together
Do not visitation rights when child has been adopted by anyone other than a stepparent.
The biological father has to undergo a paternity test or sign a statement of paternity for paternal grandparents to have visitation rights.
Court may impose restrictions on grandparents (e.g., not revealing the child’s whereabouts).
17
Q
what is 51A?
A
child abuse report
*it is ok to have a designated person to make reports, like in a school system; document that you gave the information to that person
18
Q
what is a youthful offender?
A
(age 14-17)
Definition: Person who is subject to an adult or juvenile sentence for having committed, while age 14-17, an offense against the law, which if he/she were an adult, would be punishable by imprisonment in the state prison, and fits into any of these three categories:
a. Have previously been committed to DYS
b. Have committed an offense which involves the “infliction or threat of serious bodily harm”
c. Have been charged with a firearm offense
19
Q
what is a delinquent child?
A
(age 7-17)
Definition: Child who violates any city ordinance or town by-law or who breaks a state law
If child is adjudged a delinquent child, then the court may:
• Place the case on file
• Place the child in the care of a probation officer
• Commit him to the custody of DYS
Duration of Probationary Period or Commitment: Until age 18 (or 19 if complaint made after 18th birthday)
20
Q
what are the guidelines around reporting sexual abuse? who do you report it to?
A
calling DSS isn’t enough. you have to call the DA. Sexual Abuse Network Evaluation (SANE team), which resides in the DA office. coordinated effort that prevents multiple interviews with the kid
21
Q
licensed psychologists application requirements
A
a) are of good moral character
b) have received a doctoral degree in psychology from a recognized educational institution
c) have engaged in at least 2 years full time, one of which is after the doctoral degree (fellowship), in psychological employment, teaching, research or professional practice under the supervision or in collaboration with a licensed psychologist, or one clearly eligible for licensure in the opinion of the board
d) conduct professional activities in accordance with the APA’s Ethical Standards
Total Number of Hours: 3200 (1600 internship, 1600 post-doc)
Each 1600 hour experience must be at least 10 months, not more than 36
Supervision: 1 hour: 16 hours worked (minimum = 200 hours, only 100 of those can be predoctoral)
22
Q
how long is your license valid? how to renew it?
A
2 years. every two years, you must get 20 hours of continuing education– the program must be approved by APA or other accreditation program approved by the board; up to 10 of your credits can be publications
you are responsible for noting the expiration date on your license and applying for renewal and paying your fees, or notifying them if you move
23
Q
what is the health service provider?
A
health service provider: designation for providing clinical care and deliver clinical services; 3200 hours in 60 months (25% face-to-face client contact = 800 hours)
24
Q
when can you call yourself a psychologist?
A
You cannot call yourself a “psychologist” if you are not licensed, unless you are:
• Eligible for licensure and provide consultative services for no more than 1 day/mo
• A trainee, so long as you use a title that clearly designates training status
Max Punishment: $500 or 3 months in jail
25
how to become licensed in MA from another state?
To get MA licensure, you must:
• Have a license or be certified as a psychologist in another state whose licensure requirements are “the substantial equivalent” of MA requirements
• Have met the educational requirements, or be an ABPP diplomate, or have held a license in another state for 5 years and hold a Certificate of Professional Qualification (CPQ)
• Have met the educational requirements, have held a license in another state for 5 years, and be listed in the National Register of Health Service Providers in Psychology
• Pass the MA jurisprudence exam
26
What is privileged communication?
Patient has the privilege of refusing to disclose, and of preventing a witness from disclosing, any communication, wherever made, between said patient and a psychotherapist relative to the diagnosis or treatment of the patient’s mental or emotional condition.
27
What happens if the patient is incompetent to exercise or waive such privilege?
a guardian shall be appointed to act in his behalf, or a previous authorized guardian shall be authorized to act.
28
What are the exceptions to privileged communication?
*if they pose a threat to themselves or others
• patient is in need of treatment in a hospital for mental/emotional illness or there is threat of immensely dangerous activity bt the patient against himself or another person
* if after discussing limits of confidentiality, info can be used on mental or emotional conditions, not admission of guilt
* any proceeding in which patient introduces mental condition as claim of defense (except child custody or adoption)
* Therapist performs a court-ordered psychiatric examination after the patient was informed that the communications would not be privileged. Only information related to mental or emotional condition is admissible (not confessions or admissions of guilt).
* In any proceeding, except one involving child custody, adoption or adoption consent, in which the patient introduces his mental or emotional condition as an element of his claim or defense, and the judge finds that justice is more important than privilege.
* In any proceeding after the death of the patient in which his mental or emotional condition is introduced by any party as an element of the claim or defense and the judge finds that justice is more important than privilege.
* In child custody, adoption, or dispensing with the need for consent to adoption, in which the judge determines that the psychotherapist has evidence bearing significantly on the patient’s ability to provide suitable care or custody, and that the welfare of the child is more important than privilege.
* In any proceeding brought by a patient against the psychotherapist, and in any malpractice, criminal or license revocation proceeding, in which disclosure is necessary or relevant to the defense of the psychotherapist.
29
who has privilege?
*your clients have the privilege. you cannot be forced to testify without your clients permission in most cases about things that were disclosed in psychotherapy; but if they sign a waiver and want you to, then you will
30
Is releasing benefit-related info to an insurance company a breach of privilege?
no
31
when do you have to tell patients about limits to confidentiality?
as early as reasonably possible, at beginning of professional relationship/by end of first session. if not, you have to document why and tell them as soon as possible thereafter
32
what is the policy around confidential communications?
All communications are confidential in perpetuity. Neither you nor anybody working under your supervision can disclose fact, circumstances, findings or records of services, except
1. under the provisions of Chapter 112, Section 129B?
2. with the written consent of the patient
3. when disclosure of information will protect the rights of others:
33
under what circumstances would the disclosure of information protect the rights of others?
1. The patient presents a clear and present danger to himself
2. The patient has told the psychologist that he intends to kill or inflict serious bodily harm upon a reasonably identified person and has intent and ability to carry out the threat.
3. The patient has a history of physical violence known to the psychologist and the psychologist has reasonable basis to believe that there is a clear and present danger that the patient will attempt to kill or inflict serious bodily injury upon a reasonably identified person.
34
what do you do if the patient presents a clear and present danger to himself?
* Seek involuntary hospital commitment
| * Contact member’s of the patient’s family or other individuals who may assist in protecting the patient’s safety
35
what do you do if the patient has told the psychologist that he intends to kill or inflict serious bodily harm upon a reasonably identified person and has intent and ability to carry out the threat?
the psychologist must take reasonable precautions (do at least one of the following):
• Communicate the threat of death or serious bodily injury to the person
• Notify appropriate law enforcement in the vicinity of the patient or potential victim (ONLY tell them about the threat, not unnecessary info)
• Arrange for voluntary hospitalization
• Initiate proceedings for involuntary hospitalization
*do it all, document whatever efforts you made
36
what do you do if the patient has a history of physical violence known to the psychologist and the psychologist has reasonable basis to believe that there is a clear and present danger that the patient will attempt to kill or inflict serious bodily injury upon a reasonably identified person.
the psychologist must take reasonable precautions (do at least one of the following):
• Communicate the threat of death or serious bodily injury to the person
• Notify appropriate law enforcement in the vicinity of the patient or potential victim
• Arrange for voluntary hospitalization
• Initiate proceedings for involuntary hospitalization
37
what information can you disclose?
5. You can only disclose information that is essential to protect the rights and safety of others.
38
what do you do if a client begins to tell you information that will require you to break confidentiality?
you must tell them immediately.
39
what are the rules about consultation?
You can disclose information to another psychologist for professional consultation designed to enhance services to the client, but do not disclose the client’s name or identifying demographic information.
40
what info can you disclose if you need to collect money in small claims court?
• To collect fees that is due, you can only disclose the nature of the provided services, the dates of services, and the amount due
41
what can you disclose if a patient asserts that you are incompetent, sues you, files ethics complaint?
• To defend yourself against a patient’s assertions that you are incompetent, you can disclose whatever information is necessary
they will have to waive confidentiality and you have a right to defend yourself
42
how long do you have to keep patient records for adult? minor?
at least 5 years from date of last encounter;
If minor, then until age 19 or 5 years (longer of two)
43
true or false: patients are entitled to their records under HIPAA
true
44
what if you believe that providing the entire record would adversely affect their wellbeing? what if they insist?
must make a summary available
if they insist, you can release the record to the client's attorney with their consent or to another therapist who is designated by the client
45
what can you submit to insurance companies?
only info that is needed for payment
46
dangerous persons.
| what is the definition of likelihood of serious harm?
harm to self, harm to others, can't protect self
1. Substantial risk of physical harm to the person himself, as manifested by evidence of, threats of, or attempts at, suicide or serious bodily harm
2. Substantial risk of physical harm to other persons as manifested by evidence of homicidal or other violent behavior or evidence that others are placed in reasonable fear of violent behavior and serious physical harm to them
3. very substantial risk of physical impairment or injury to the person himself as manifested by evidence that such person’s judgment is so affected that he is unable to protect himself in the community and that reasonable provision for his protection is not available in the community
*beyond reasonable doubt
47
what is the definition of restraint?
bodily physical force, mechanical devices, chemicals, confinement in a place of seclusion other than the placement of an inpatient or resident in his room for the night, or any other means which unreasonably limit freedom of movement
48
when can you use restraints?
only in emergencies, such as:
| • Occurrence of, or serious threat of, extreme violence, personal injury, or attempted suicide
49
who can order restraints?
written authorization required from facility superintendent or director or by designated physician
50
what are the guidelines around duration of restraints?
First Physician Review After Order:
Adults: 1 hour (maximum 2 hours and must then file report)
Minors: 15 minutes
Maximum Restraint Time:
Adults: 6 hours (maximum time without physician review is 3 hours)
Minors: 2 hours in 24 hour period for seclusion (any use of restraint on a minor for a period exceeding one hour in 24 hour period shall be reviewed within 2 days by facility’s director)
51
what are the requirements for attendants of restraints?
should be specially trained in use of restraints, immediately outside the room in full view of the patient when an individual is being secluded without mechanical restraint, and if an attendant is not available, maximum restraint time is 2 hours, and person must be observed every 5 minutes.
52
when can chemical restraints be used?
only in case of emergency and when it is the least restrictive, most appropriate alternative available
53
what are the guidelines around using antipsychotic medication in people who have been involuntarily hospitalized for mental health problems?
when can the court authorize its use?
who monitors the treatment and when does it expire?
• 1. **Must be commitment hearing first**
* To authorize treatment, the court must find that:
* **The person is incapable of making informed decisions concerning proposed medical treatment**
* Upon application of legal substituted judgment standard, the patient would accept such treatment if competent
* And it specifically approves and authorizes a written substituted judgment treatment plan
* 2. **Court may delegate a guardian to monitor the treatment and ensure that the treatment plan is followed**
* Term: expires when commitment order expires
54
voluntary commitment.
who can petition voluntary commitment?
1) person age 16 or older, 2) parent or guardian, on behalf of child under 18, and 3) guardian on behalf of person under his guardianship
55
what is the process of voluntary commitment?
• Prior to accepting an application, the superintendent shall give the patient the opportunity for legal consultation. If the hospital has a *3 day notice period,* then the admitting or treating physician shall assess the person’s capacity to understand that
1) the person is agreeing to remain in the hospital,
2) the person is agreeing to accept treatment,
3) the person is required to provide the facility with 3 days written advance notice of the person’s intention to leave the facility, and
4) the facility may petition the court for an extended commitment of the person and he may be held at the facility until the petition is heard by the court.
56
how is voluntary commitment terminated?
o Superintendent: At any time that he feels that this would be in the best interest of the patient. Treatment can be provided on outpatient basis. If the patient is a minor or has a guardian, the superintendent must give 14 days notice to parents or guardians prior to discharge.
o Patients/Parent/Guardian: May withdraw their request at any time by written notice to superintendent. The superintendent may restrict the right to leave or withdraw to normal working hours and weekdays, and may require 3 days notice. The patient can also be examined to determine their clinical progress, suitability for discharge, and to investigate other aspects of their case including their legal competency and their family, home or community situation. Depending on the outcome of this evaluation, the superintendent may file a petition for commitment in district court, and if this is done prior to the 3 day notice period, then the patient can be retained.
57
involuntary commitment.
| who can petition for involuntary commitment?
licensed physician, psychiatric nurse mental health clinical specialist, psychologist (police officer if none of these three are available)
58
who can be committed? under what conditions?
dangerous person (danger to self, danger to others, unable to care for self)
when there is reason to believe that failure to hospitalize would create a likelihood of serious harm by reason of mental illness
59
for how long can someone be involuntarily committed?
3 days
60
what should happen before transporting the patient?
• Prior to transport, facility should be contacted to determine whether they are appropriate to receive transfer and to determine whether any current restraint is necessary
*must do this in person, can not do it by telephone
61
• If the application for hospitalization is made by anybody other than a physician, then........
If the application for hospitalization is made by a physician, then.......
• If the application for hospitalization is made by anybody other than a physician, then the patient will have to undergo a psychiatric evaluation prior to admission at the receiving facility.
*must do this in person, can not do it by telephone
If the application for hospitalization is made by a physician, then admission will occur immediately.
62
what happens upon admission?
the facility will notify the committee for public counsel, who will appoint an attorney to meet with the patient. If the appointed attorney determines that the person voluntarily and knowingly waives the right to be represented, or is presently represented, or will be represented by another attorney, then the appointed attorney will communicate this to the committee, who will withdraw the appointment.
63
what else is important about section 12?
• Anybody who was admitted on a Section 12 and has reason to believe that the admission is the result of an abuse or misuse of the Section 12 provisions, may request (through counsel) an emergency hearing in district court. The hearing shall be held no later than the next business day.
• Person, or parent/legal guardian, must be given opportunity for voluntary commitment and told that the period of hospitalization for involuntary admission cannot be longer than 3 days.
•
64
what happens after 3 days?
After 3 days, patient must be discharged, unless:
o Remain on voluntary status
o Section 7 or 8 is obtained
65
commitment of dangerous persons.
who can initiate? where do they go?
when does commitment to Bridgewater happen?
how long is the first term of commitment? subsequent terms?
* Can be initiated by superintendent of a facility who believes that failure to hospitalize would create a likelihood of serious harm by reason of mental illness
* Facility: Bridgewater State Hospital (for males); women to Framingham
• Commitment to Bridgewater (Section 8)
o Occurs when: 1) person is mentally ill, 2) person can’t be committed to any other DMH facility, 3) failure to retain person in custody would create a likelihood of serious harm
o Decision: within 10 days of hearing
* First Term of Commitment: 6 months IF 1) no previous commitments or 2) commitment is to BSH. If there is a previous commitment that is expiring, first term will be 1 year.
* Subsequent Terms of Commitment: 1 year
66
SDPs (sexually dangerous persons)
must be evaluated by a qualified examiner, Designated Forensic Psychologist; board certified in forensic psych - practice usually at Bridgewater state
* Convicted of or adjudicated as a delinquent juvenile or youthful offender by reason of a sexual offense and who suffers from a mental abnormality or personality disorder which makes him likely to engage in sexual offenses if not confined to a secure facility
* Charged with a sexual offense and was determined incompetent to stand trial and who suffers from a mental abnormality or personality disorder which makes him likely to engage in sexual offenses if not confined to a secure facility
* Previously adjudicated in MA and whose misconduct in sexual matters indicates a general lack of power to control his sexual impulses, as evidenced by repetitive or compulsive sexual misconduct by either violence against any victim, or aggression against any victim under age 16, and who is likely to attack or otherwise inflict injury on such victims because of his uncontrolled or uncontrollable desires
facility: Nemansket Correctional Facility / Massachusetts Treatment Center
67
SDPs (sexually dangerous persons) example behaviors
* Indecent assault and battery on a child age 14 and under or mentally retarded person
* Rape (including of a child under 16 with force)
* Assault with the intent to commit rape (including on a child)
* Kidnapping with intent to commit a violation (Ch 265)
* Enticing away a person for prostitution or sexual intercourse
* Drugging persons for sexual intercourse
* Inducing a person under 18 into prostitution
* Living off or sharing earnings of a minor prostitute
* Open and gross lewdness and lascivious behavior
* Incestuous intercourse involving a person under 21
* Dissemination or possession with intent to disseminate of harmful material to a minor
* Posing or exhibiting a child in a state of nudity
* Dissemination, Purchase, or possession of visual material of a child in a state of nudity or sexual conduct
* Unnatural and lascivious acts with a child under 16
* Accosting or annoying persons of the opposite sex and lewd, wanton and lascivious speech or behavior
68
Guardianship
What is probate court?
It appoints guardians of: 1) Minors, 2) Mentally ill persons, 3) Mentally retarded persons, 4) Persons unable to make or communicate informed decisions due to physical incapacity or illness, and spendthrifts and conservators for those who by reason of mental weakness, mental retardation, or physical incapacity are unable to properly care for their property.
69
what is the difference between guardian or conservator?
* guardian: person; appointed for the protection of people
| * conservators: appointed for the protection of property
70
what is Juvenile court?
Juvenile Court appoints guardians of minors if there is a proceeding before district or juvenile court.
71
Guardians of Minors
• If a minor is under 14, then _________may nominate and appoint his guardian. If the minor is over 14, then________ can nominate the guardian.
What are the responsibilities of a guardian?
* If a minor is under 14, then the probate court may nominate and appoint his guardian. If the minor is over 14, then the minor can nominate his own guardian to be approved by the court. Parents will be notified of the guardianship hearing at least 14 days in advance.
* A parent may designate, in writing, an adult person or persons to be appointed as standby guardianship proxy or proxies of a minor, regardless of whether the minor was born at the time of the designation.
* Responsibilities of guardian of minor: 1) custody, 2) care of minor’s education.
72
Guardians of Mentally Ill Person
Who may file petitions?
1) parent,
2) two or more relatives or friends,
3) a nonprofit corporation that can act as a guardian, or
4) any agency within the executive offices of human services or educational affairs
73
when would the court approve guardianship?
• Court must find that the person is incapable of taking care of himself by reason of mental illness. May require examination by physicians, psychologists, etc. to determine.
74
what are the rules about antipsychotic drugs in guardians of mentally ill person?
* Guardian cannot consent to treatment with antipsychotic medications, but the court can authorize such treatment when it 1) finds using the substituted judgment standard that the person, if competent would consent, and 2) approves and authorizes an antipsychotic medication treatment plan.
* The court may authorize the guardian to monitor the treatment process to ensure that the antipsychotic medication treatment plan is followed.
75
when does privilege apply in the context of guardianship of a mentally ill person
• Privilege does not apply in the filing of reports or affidavits, or the giving of testimony, for the purpose of obtaining treatment of a mentally ill person, so long as the person has been informed prior to making such communications that they may be used for such purpose and has waived privilege
76
Guardians/ Conservators of Mentally Retarded Persons
Who may file petitions?
1) parent,
2) two or more relatives or friends,
3) a nonprofit corporation that can act as a guardian, or
4) any agency within the executive offices of human services or educational affairs
77
when can the court appoint a guardian for a MR person?
*regards person affairs and body
*there must be a petition by a clinical team to do a psychological evaluation
• Guardians: Court must find that the person is incapable of making informed decisions with respect to the conduct of his personal and financial affairs, that failure to appoint a guardian would create an unreasonable risk to his health, welfare, and property, and that appointment of a conservator pursuant to section 16B would not eliminate such risk. Petition must be accompanied by a report from a clinical team that has determined that he is mentally retarded to the degree that he is incapable of making informed decisions with respect to the conduct of his personal and financial affairs.
78
what is a conservator?
**regards financial affairs and property
• Conservator: Court must find that the person is mentally retarded to the degree that he is incapable of making informed decisions with respect to the conduct of his financial affairs and that the failure to appoint a conservator would create an unreasonable risk to his property. Petition must be accompanied by a report from a clinical team that has determine that he is mentally retarded to the degree that he is incapable of making informed decisions with respect to the conduct of his affairs. If he is of majority age and is wholly or substantially self-supporting by means of his wages or earnings from employment or other financial entitlement, then the court may exempt property extending from wages or other financial entitlement, or $300/month, whichever is less.
79
what is a spendthrift?
Spendthrift: person who, by excessive drinking, gaming, idleness, or debauchery of any kind, so spends, wastes or lessens his estate as to expose himself or his family to want or suffering, or the department of public welfare, to charge or expense for his support or for the support of his family
80
what are the requirements to be a designated forensic psychologist?
a designated forensic psychologist must
*have a doctoral degree
*be licensed, then
*work 2 full time years postdocotrally doing clinical work or 5 years after a masters.
*1000 supervised hours on inpatient unit which accepts involuntary patients
*approved training at Bridgewater state hospital. inpatient facility, jail etc
*two types of forensic evaluations
*examination process, which can be waived if you have a diploma from the American board of forensic psychology
*two rec letters
3 year term
81
what do forensic psychologists need to do to maintain their status?
* Make copies of deidentified reports available to Assistant Commissioner at all times
* Participate in periodic reviews of work
* Participate in yearly mental health training programs
82
what evaluations do forensic psychologists do?
* Mentally ill dangerous persons
* Competency to stand trial
* Criminal responsibility
* Mentally ill prisoners
* Alcoholics/substance abusers
83
what has the mass board adopted for ethical principles? what trumps what?
the APA ethical principles and code of conduct; these are standard
the MA regs trump the code
84
what are the guidelines regarding advertising?
Can do it, but must do the following:
• Specify fees in terms of hourly amounts
• Tell each potential patient or client:
1) The services they will receive
2) Who will perform the services
• Comply with all representations in advertisement
• Place the fee schedule in a prominent place in his/her office
• Obtain written consent prior to performing services at higher than the advertised amount
85
what is the rule regarding dual/sexual relationships?
minimum 2 years from date of last professional service
86
disciplinary action.
what are sanctions?
may revoke, suspend, or cancel license, or reprimand, censure, or discipline
* can't impersonate another practitioner
* can't fail to cooperate with the board
* practicing outside your area of competence; particularly for forensic/custody evaluations
87
what might the board require while on probationary status?
a. Submission to examinations to determine physical or mental condition or professional qualifications
b. Undergo therapy and/or complete such courses of training or education deemed necessary by the Board
c. Supervision of the licensee’s practice as necessary to determine and monitor the quality of the professional services rendered and correct deficiencies therein
d. Imposition of restrictions on the licensee’s practice to assure that practice is in accordance with the licensee’s capabilities and areas of competency and training.
88
what conditions apply regarding supervision while on probationary status?
a. Written plan outlining the focus of the supervision, consistent with Ethical Principles
b. Information regarding the proposed supervisor must be submitted to the Board for review and approval. Supervisors must be current licensees and in good standing, may not be related by blood or marriage to the licensee, have a past or present personal or professional relationship with the licensee.
c. Supervision begins to count after Board approves supervisor.
d. If the supervisory period is more than 6 months, then the supervisor must provide quarterly written reports. If the supervisory period is less than 6 months, reports must be bimonthly.
e. At the beginning and end of supervisory period, licensee and supervisor must appear before the Board to review and discuss supervision.
89
what is the procedure for resignation?
a. Licensee submitting written statement that he/she desires to resign
b. That the resignation is voluntary
c. Realizes resignation is an act which deprives person of all privileges and is not subject to reconsideration or judicial review
d. Licensee is not currently licensed to practice in any other state or jurisdiction and will make no attempt to gain licensure elsewhere, or will resign other licenses
90
when can applications for reinstatement can be made?
after 3 years
91
what are the rules about fee splitting?
you can't be paid for giving patients referrals to potential providers
92
what needs to be disclosed to parents?
pregnancy, sexually transmitted diseases, alcohol and substance abuse
93
what do you provide when a file is subpoenaed?
* Either a summary or the full report
* Confidentiality and legal issue of privilege rests with client and mandated reporting laws
* Tarasoff > privilege is lost if there is a reasonably identifiable person under threat of harm (doesn’t need to be a lethal harm)
94
commitment of alcoholics of substance abusers
who can petition?
police officer, physician, spouse, blood relative, guardian, or court official (NOT psychologists)
95
what is the procedure for committing a substance / alcohol abuser?
* Petition received by court, petitioner may be asked to make sworn statements
* Hearing scheduled
* If person doesn’t show, then warrant for arrest may be issued. May also issue warrant for apprehension and appearance before court if reason to think that they won’t show.
* Person has right to counsel
* Court will order examination by psychologist or psychiatrist
96
what is the length of commitment?
30 days
97
where does commitment occur?
public or private inpatient facilities. If none available, then may be sent to Bridgewater (male) or Framingham (female) and housed and treated separately from convicted criminals
98
what qualifies as "duty to warn?"
* Patient communicates explicit threat to kill or inflict serious bodily injury upon reasonably identified victim or victims and the patient has the apparent intent and ability to carry out the threat
* OR patient has history of physical violence which is known to the LMHP and the LMHP has reasonable basis to believe that there is a clear and present danger that the patient will attempt to kill or inflict serious bodily injury against a reasonably identified victim or victims
99
what do you do to meet reqs of duty to warn?
* Communicate threat to reasonably identified victim or victims
* Notify appropriate law enforcement agency in the vicinity where the patient and any potential victim resides
* Arrange for the patient to be hospitalized voluntarily, or take appropriate steps to initiate procedures for involuntary hospitalization
100
what is competence to stand trial?
• Competence to stand trial means that the person 1) understands the charges brought against him/her and 2) can assist in his/her own defense.
101
how is competence to stand trial determined?
* Court may order examination by one or more qualified physicians or psychologists to determine whether a person is 1) not competent to stand trial or 2) not criminally responsible by mental illness or defect
* When possible, exams will be conducted in court house or place of detention
102
what happens after the evaluation?
• After the evaluation, the court may order that the person be hospitalized for a period not to exceed 20 days for further evaluation and observation.
