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CPSE > Law & Ethics > Flashcards

Law & Ethics Flashcards

1
Q

Letter of Reprimand

A

-Disciplinary Action o Describes improper behavior, may mandate coursework, or cost recovery to BOP for investigation o Negotiated between BOP and licensee and/or their lawyer. o Violation was not too severe and did not cause PT harm.

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1
Q

Patient Bill of Rights

A
  1. Info about the TH’s professional background a.Licensure, disciplinary actions, education, training, specialization, and limitations 2. Receive written info about fees, payment, insurance reimbursement, length of sessions, cancellation policies, and professional back-up. 3. Be told limits of confidentiality & TH are required to disclose info to others 4. A verbal or written treatment plan, info about progress 5. A second opinion at any time about therapy or the TH’s methods 6. Receive referral info if therapy needs to be transferred & request a copy or summary of records be sent.
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2
Q

Privilege

A

PT’s right to keep confidential communications from being disclosed in a legal proceeding.

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2
Q

Minor Consent: Residential Shelters Minor must be at least ____ years old and _____________________________. (Does/does not?) need to be in danger or a victim of incest or abuse

A
  1. At least 12yo 2. Mature enough to participate intelligently • 2011: No longer need to be in danger or a victim of incest or abuse • Residential Shelters: MUST make an effort to notify parent of services provided
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2
Q

Elder abuse or assult (when client gives persmission and is the victim) must be reported to police/sheriff/APS _______________.

A written Report must be sent within ____ hours.

A
  • Immediately
  • 2 days
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3
Q

14-Day Hold/Certification is also coded _______ and occurs when the PT has been detained for ___ hrs if _______________ as a result of mental illness or chronic alcoholism & the PT is ________________.

A

-(5250) - 72 hours - PT remains a danger to self/others/gravely disabled - Unwilling to accept Tx voluntarily

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4
Q

What does a TH have to do to reinstate their license if it has been expired for 3+ years?

A

-Apply for new license -Take the CSLEE

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6
Q

Surrender of License

A

Option for licensee rather than completing administrative hearing

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6
Q

Second 14-day hold (_______): If the PT continues to present an imminent threat of _____ after a 5250.

–> Is this hold renewable?

180-Day Hold (______): If the PT continues to present an imminent threat of _____ after a 5250

–> Is this hold renewable?

30-Day Hold (______): If the PT continues to be __________ after a 5250 –> Is this hold renewable?

A

-(5260), suicide

oNOT a renewable hold

-(5300, suicide

oCAN be renewed

(5270.15), gravely disabled

oCannot be held any longer unless a petition for conservatorship has been filed during the hold

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7
Q

Exceptions to Privilege: Court examination of PT

A

•TH is appointed by court or Board of Prison terms to examine the PT. •Request of a defendant to determine their sanity or competence •TH must inform PT of limits of confidentiality in advance of the evaluation. *Does NOT apply when TH is appointed by court specifically to provide the criminal defendant’s lawyer with info upon which to base the defense (for legal strategy)

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7
Q

How old must a minor be to consent to medical care and diagnosis of a CD or STD? Can you disclose to parents?

A

-At least 12 yo -NO

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8
Q

______ actions by the BOP remain confidential from public, with the exception of ________. However, _______ actions become public record.

A

-Non-Disciplinary -Fines -Disciplinary

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8
Q

When is privilege waived?

A

-when a substantial portion of the confidential communication is disclosed by the PT to unauthorized third persons -holder may authorize a waiver or privilege and disclosure of confidential info. -When more than one PT holds privilege (couples Tx), one patient waiving does not affect the other PT’s right to claim it.

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9
Q

Fraudulent advertising is considered a ____________ and can result in __________.

A

-Misdemeanor -Jail and/or fine

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9
Q

At what age must minors be to consent to medical care related to the prevention or treatment of pregnancy? What is the exception? Can you inform parents?

A

o Minors of any age o including contraception and abortion. • NOT sterilization • Not permitted to inform parents

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9
Q

HIPPA vs. State Law

Whomever has stricter/more protective rules wins.

When there is a conflict _________ wins.

One key difference between HIPPA and CA state laws regarding adult records is ____________ .

A
  • HIPPA

CA allows denial of records to adult patients when adverse or detrimental consequences are anticipated

HIPPA only allows denial when the therapist determines access is reasonably likely to endanger the life or physical safety of the patient or another person.

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10
Q

If a psych assistant registration expires, how long until it is void?

A

60 Days

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12
Q

Continuing Education Requirements: ____ hours every ___ years

A

-36 -2

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12
Q

Independent learning shall be no more than ____% of hours (or ____ CES max) required for renewal.

A
  • 75% - 27
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12
Q

TH must permit inspection of Tx records to PTs w/in ____ days of written request. must Copies of Tx records must be transmitted w/in __ days of receiving written request. Cost must not exceed ___/page.

A

-5 -15 -.25

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13
Q

Mediation

A

-Non-Disciplinary action o Minor Departure in standard of care o No harm occurred o Recommends behavior change Example: Billing

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14
Q

Minor Involuntary Confinement: Any peace officer, mobile crisis team member, or professional person designated by the county can implement a 72 hour hold or a _______ ONLY when ______________________.

A

-5585 -Only when parent/guardian not available to authorize voluntary treatment. Facility must make every effort to notify parent ASAP

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15
Q

CEs may be accepted from courses provided by or sponsored by the _____ or _______. Or CME accredited by the ____ or _____ are recognized.

A

-APA -CPA -CMA -ACCME (Accreditation Council for Continuing Medical Education)

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15
Q

When PT authorizes release of records to BOP, records must be provided w/in ___ days. TH will be charged _____/day for every day after the ___ day. Failure to comply w/court order to release records to BOP is considered _______________ and may result in ____________ of license.

A

-15 -$1000, 15 -unprofessional conduct -suspension/revocation of license

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16
Q

Exceptions to Confidentiality: Crimes Involving Hospitalized PTs

A

-When a serious crime has been committed by or perpetrated upon a hospitalized PT, the TH must disclose PT info to law agent

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16
Q

Maintenance of Minor Treatment Records HIPPA vs. APA

A

HIPPA: 7 years after age minor turns 18, or until PT is 25 APA: 7 years or 3 years after the minor reaches the age of majority, whichever is later

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17
Q

A TH may offer to prepare summary of Tx records for the PT. If PT agrees, summary must be completed w/in ___ working days. If extenuating circumstances exist (very long records), TH must notify PT of this and may deliver w/in ___ days.

A

-10 -30

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18
Q

Child abuse must be reported to police/sheriff/CPS _______________.

A written Report must be sent within ____ hours.

A
  • immediately or as soon as practically possible
  • 36
19
Q

What are the sexual assult reporting laws for:

A minor 16+?

A

Other Party: 16+ Older

Requirement: Not Reportable if voluntary

20
Q

Exceptions to Privilege

A

Situations in which a judge has the legal authority to order confidential PT-TH communications be disclosed in the course of a legal proceeding.

21
Q

What are the sexual assult reporting laws for:

A minor Under 14

A

**Other Party’s Age: **Any

**Requirement: **Report

22
Q

How old must a minor be to consent to medical care related to diagnosis & treatment of a drug or alcohol related problem? Who must provide counseling services? Treatment plan must include ____________. A minor may NOT receive __________ Tx or other ________ ___________ w/o parental consent

A
  • 12+ years old •Counseling services may only be provided by a TH under contract w/the state or county to offer alcohol or drug abuse counseling services (excluding most private practice THs) •Treatment plan MUST include parent, if appropriate •Provider must record whether they attempted to contact the parent, the date & time of attempt, and if it was successful. •If not, the provider must document why they decided not to contact the parent. •A minor may NOT receive methadone Tx or other replacement narcotics w/o parental consent
24
Q

Educational Review

A
  • Voluntary -Non-Disciplinary action o BOP has serious concerns about a licensee or significant violation occurred; yet there were insufficient grounds to forward the case to the Attorney General. o Licensee is invited to meet with the investigator, expert, or BOP staff to discuss issues of concern.
25
Q

How old must a minor be to consent to medical care related to diagnosis, treatment, and collection of evidence of sexual assault or rape? At what age MUST the provider attempt to contact to parent? What is the exception?

A

-Minors of any age •Provider MUST attempt to contact parent (unless they are believed to be the perpetrator), record the date & time of attempt, and if it was successful. -12+ AND victim of rape: must maintain confidentiality

27
Q

Suspension

A

-Disciplinary Action o During suspension, may not practice or refer to self as “psychologist” oAutomatic: incarceration or conviction of a felony oInterim Suspension: immediate suspension of practice 1.Violation of Business & Professions Code or convicted of a crime substantially related to licensed activity AND 2.The continuation of the licensee practicing would be a danger to public health, safety, or welfare

28
Q

What are the sexual assult reporting laws for:

A minor Under 18?

A

Other Party’s age: Any

Requirement: Mandated if rape, incest, or sodomy.

29
Q

How many days does the employer of a psych assistant have to notify the board of the end of the assistantship?

A

30 Days

30
Q

Revocation

A

• Loss of license o Guilty of sexual contact with a patient w/in two years of treatment o Judge may not stay the revocation.

31
Q

What are the sexual assult reporting laws for:

A minor Under 16?

A

Other Party: 21+ Older

Requirement: Report IF sexual intercourse, even if voluntary

33
Q

Reasons for Disciplinary Action

A
  1. Conviction of a crime related to psychologist duties 2. Use of controlled substance, drug/alcohol in a manner dangerous to the public or impairing their work 3. Fraudulently misrepresenting or obtaining one’s license 4. Impersonating another person w/a license 5. Paying/receiving fees for client referrals 6. Willful unauthorized communication of confidential info 7. Being grossly negligent, committing any dishonest, corrupt, or fraudulent act 8. Having one’s licensed suspended/revoked by another state 9. Any sexual abuse or relations with a patient 10. Functioning outside of one’s field of competence 11. Failure to submit verification of SPE for a supervisee to BOP 12. Repeated acts of negligence
34
Q

In the context of Involuntary Confinement, “Gravely Disabled” refers specifically to _______________.

A

•Inability to adequately provide or one’s food, clothing or shelter oExcludes those who can survive safely with assistance of family, friends, or others who are willing/able to help, and willingness is specified in writing.

35
Q

What are the sexual assult reporting laws for:

A minor 14 or 15?

A

Other Party: 10+ Older

Requirement: Report

37
Q

Each renewal period you must obtain training in ____________ at the rate of _______.

A

-Law & Ethics -No minimum hours

38
Q

Two-Step Agreement

A

-Disciplinary Action o May include remedial coursework or temp supervision o Once conditions are met, accusation is withdrawn o Violation was not too severe and did not cause PT harm. Example: Unknowingly inappropriately coded a bill to an insurance company

38
Q

Who can claim privilege? When can the TH claim privilege?

A

o Holder, Authorized Person (by holder), Psychotherapist o TH is required to claim when the PT-TH communication is sought to be disclosed. However, they may not claim when there is no holder of privilege in existence, or if the TH is instructed by a person authorized to permit disclosure.

39
Q

Out of state THs can provide services in CA for up to ___ days/year

A

-30

40
Q

Minor Consent: Self-sufficient minors Minor must be at least ____ years old, living _______ parents ________their consent, & managing their own _________.

A

• May legally consent to medical/dental treatment o 15 oSeparate from parents w/or w/o consent oManaging own finances regardless of source of income • Parent is not liable for provided care • Provider may contact parent w/or w/o minor’s consent

41
Q

In the occurrence of a 5250, the PT is entitled to a certification review/hearing within ___ days of certification.

A

-4 days of date of certification to determine probable cause of danger/disability

43
Q

What type of proof of CEs need be submitted w/renewal? Keep documentation of CEs for _____ years

A

-None -Must Certify, may be audited, keep documentation of CEs -Four years

44
Q

Failure to report known incidents of child abuse is a _________ and can result in ______and/or ________.

A
  • Misdemeanor
  • Jail
  • Fine
45
Q

In the context of Involuntary Confinement, “danger to self” refers specifically to _______________.

A

-Suicidal Intent

47
Q

Education Letter

A

-Non-Disciplinary action o Minor Departure in standard of care o No harm done o Describes complaint, summarizes law. warns of future formal action Example: (no license # on an ad)

48
Q

Probation

A

-Disciplinary Action o License is technically revoked, but the revocation is stayed (put on hold, not implemented). o Probation period, terms, and conditions are specified - If violated, license may be revoked Examples: Gross negligence, repeated negligent acts, commission of any dishonest, corrupt or fraudulent act.

49
Q

Citation and Fine

A

-Non-Disciplinary action o For less serous violations o $100-$2500: Public Record Example: (false advertising)

51
Q

Out of state THs can provide services in CA for up to ____ days after they do __________ or _________, whichever comes first.

A
  • 180 -Submitting the application or begin residency
52
Q

Malpractice

Civil liability is the issue in a malpractice lawsuit, which is based on 4 Ds:

A

“Dereliction of duty directly causing damages”:

Dereliction: TH failed to provide reasonable care

Duty: TH had a legal relationship w/PT that gave rise to duty

Directly causing Damages: the negligence of the TH was the cause of harm to the PT

54
Q

If you have an “inactive” license, what requirements must you meet to reactivate?

A

-must complete 36CEs, law &ethics training for the two years prior to reactivation

56
Q

Exceptions to Confidentiality: Within The Legal System

A

-When ordered to by the court -Subpoenas via lawyer for records or to testify -Court-issued search warrant

57
Q

Access to adult treatment records can be denied only when __________________________________________ .

A

The TH has determined that access is reasonably likely to endanger to life or physical safety of the PT or another person.

58
Q

Minor Consent: Declaration of Emancipation Minor must be at least ____ years old, living _______ parents ________their consent, & managing their own _________.

A

-14 -Separate from parents with their consent -Finances (non-criminal)

60
Q

Minor Consent: Outpatient Mental Health

A
  1. At least 12yo 2. Mature enough to participate intelligently • 2011:No longer need to be in danger or a victim of incest or abuse • Minors May not receive electroconvulsive Tx, psychosurgery or psychotropic medications w/out parental consent
61
Q

Adult Involuntary Confinement: Any peace officer, mobile crisis team member, or professional person designated by the county can implement a 72 hour hold or a _______ on a person as a result of _________ is a danger to self/others or ________.

A

-5150 -a mental disorder -gravely disabled

62
Q

Exceptions to Confidentiality: Employment Related to Health Care Services

A

TH providing employment-related services (EAP) to an employee at the specific prior written request and expense of employer may disclose to the employer: - info relevant to a lawsuit - session attendance - PT’s functional limitations. TH may not disclose basis of limitations (Dxs), or any other confidential info or communications.

64
Q

How many CEs must you acquire for your first license renewal?

A

CEs = to the # of months the license was in effect at rate of 1.5 hours of CE per month

65
Q

5 General Prinicples of Ethics Code

A

(BFIJR)

A: Benevolence and Nonmaleficence:

B: Fidelity and Responsibility:

C: Integrity:

D: Justice:

E: Respect for People’s Rights and Dignity:

66
Q

Minor Consent: At risk Minors

A

• Minor is at risk or parental consent may discourage the minor from receiving necessary treatment

67
Q

What does a TH have to do to reinstate their license if it has been expired for 3+ years and they have been licensed for less than 5 years?

A

-Apply for new license -Take the CPSE

68
Q

Parental Rights to Access Minor’s Tx Records Parents must have ________ custody to inspect or obtain copies of a minor’s Tx records. Parents can be denied access under two circumstances:

A

-legal (not just physical custody) 1. Minor was legally authorized for Tx by him/herself 2. If provider determines there could be a detrimental effect on the therapy relationship, or the minor’s physical/emotional well being might be jeopardized

CPSE (4 decks)

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