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CPSE > Laws and Ethics > Flashcards

Laws and Ethics Flashcards

1
Q

Time frame for providing treatment summary to patient

A

10 working days, 30 calendar days if extenuating circumstances exist (Long records, etc.)

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2
Q

TIme frame if patient requests to inspect records

A

5 working days

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3
Q

Time frame if patient requests a copy of records

A

15 days

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4
Q

Child abuse reporting time frame

A

Must be reported by phone immediately or as soon as is practically possible, with a written report to follow within 36 hours

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5
Q

Elder/dependent abuse reporting time frame

A

Must be reported by phone immediately or as soon as is practically possible, with a written report to follow within 2 working days

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6
Q

Summary of reporting requirements for sexual assault

A

Under 14: sex with a partner 14 or older, must report

Under 14: lewd and lascivious contact with a partner of any age, must report

14 or 15: lewd and lascivious contact with someone 10 years or older than child, must report

Under 16: sexual intercourse with someone 21 and older

16 or older: not reportable with someone 16 or older if consensual

Under 18: Mandated if nonconsensual with someone of any age

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7
Q

Board of psychology

A

To protect the public by regulating providers of psychological services

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8
Q

Coursework completed prior to licensure

A

1) 1 semester or quarter of substance abuse
2) 10 hours human sexuality
3) 7 hours of child abuse
4) 15 hours of spousal abuse (If grad training began on or after 1/1/04; 2 hours if prior)
5) 10 hours of aging and long-term care (If grad training began on or after 1/1/04)

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9
Q

To become licensed psychologist

A

1) 3000 hours of SPE within a minimum of 1500 completed postdoctorally
2) Each 1500 hours of SPE must be completed within a 30-month period
3) EPPP
4) CPSE or CPLEE if already licensed 5 years in another state

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10
Q

Psychological assistant

A

1) Minimum of a master’s degree
2) Limited psychological services under the direct supervision of a licensed psychology or board certified psychiatrist (up to 750 hours)

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11
Q

Registered psychologist

A

1) Doctorate degree
2) SPE at least 1500 already accrued
3) Working at a nonprofit community agency that receives at least 25% if its funding from government sources; 30 month registration, cannot be renewed

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12
Q

SPE

A

1) Formal internship (Predoc SPE only)
2) Employee in exempt setting
3) Psych assistant
4) Formal postdoc training program
5) Registered psychologist (Postdoc SPE only)

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13
Q

Supervisor’s experience requirements

A

6 hours of supervision coursework every 2 years

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14
Q

Supervision requirements

A

1) Minimum of 10% of total time worked each week
2) At least 1 hour face to face direct individual supervision with primary supervisor each week
3) Max 44 hours per week including supervision can count toward SPE
4) SPE log must be maintained, to include log dates, hours worked, supervision, services, signature of supervisor and supervisee, statement of accuracy by primary supervisor

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15
Q

Supervisor’s requirements

A

1) Supervisor and supervisee must prepare and sign agreement prior to the start of SPE
2) Must be employed in the same work setting with no minimum hours of employment required
3) Supervisor’s must be available 100% of the time
4) Must notify supervisee’s patients prior to services that that supervisee is unlicensed and licensure will have full access to records
5) Must provide supervisees with the pamphlet Professional Therapy Never Includes Sex
6) Payment for supervision is not allowed
7) Psych assistants may not rent space from the supervisor or employee

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16
Q

Psychological assistants

A

1) Must renew registration annually
2) Registration may become void of not renewed within 60 days
3) Limited to a cumulative total of 6 years

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17
Q

Limitations on number of psychological assistants

A

1) Licensed psychologists (up to 3 at a time)
2) Board certified psychiatrist (1 at a time)
3) Psychology clinics (up to 10 at a time)
4) Psychology corporations (up to 10 at a time)

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18
Q

License

A

1) Renewed every 2 years; expires the last day of the licensee’s birth month
2) Can be renewed within 3 years of expiration; after three years, the person must apply for a new license
3) When not practicing, may put license on inactive status

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19
Q

Psychologists with out of state license

A

1) Can provide services in California for up to 30 days each calendar year
2) Can provide services in CA for up to 180 days from submitting application for California license to BOP or beginning residency, whichever occurs first

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20
Q

CE requirements for licensed psychologists

A

1) 36 hours of CE each renewal cycle (1.5 hours per month)
2) Up to 27 hours (75%) of independent learning allowed, effective 12/16/2006
3) Training in the area of law and ethics (CE course, workshop, other experiences), each renewal cycle, no minimum stipulated
4) One time renewal requirements of coursework in spousal/partner abuse, minimum of 1 hour (Only applies of grad training began prior to 1/1/2004)
5) One time renewal requirements of coursework in aging and long-term care, minimum of 3 hours (Applies only if grad training began prior to 1/1/2004)

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21
Q

Continuing ed qualified courses

A

1) Courses provided by APA or approved sponsor
2) Courses provided by CPA or approved sponsor
3) CME courses with CMA or ACCME approval

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22
Q

Non-disciplinary actions for minor violations

A

Remain confidential except citation and fine

1) Mediation
2) Educational letter
3) Letter of warning
4) Educational review
5) Citation and fine

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23
Q

Disciplinary actions for more serious violations

A

Referred for formal investigation

If there is support for allegations, the BOP submits the case to the Attorney General

1) Letter of reprimand (For minor violations; no patient harm)
2) Two-step agreement (for minor violations)
3) Probation- Licensed revoked, revocation stayed, terms and conditions of probation specified (when licensee has been negligent)

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24
Q

License suspended

A

When licensee cannot practice (when licensee has been convicted of a felony)

Licensee immediately suspend his/her practice (when licensee is a threat to public)

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25
Q

Surrender of license

A

Licensee opts to surrender license before administrative hearing is completed

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26
Q

Revocation

A

License is lost (When licensee has been found guilty of sexual misconduct)

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27
Q

Recourse

A

To petition for reinstatement or modification of probation

Time limits:

1) At least 3 years for reinstatement of a license revoked, suspended, or surrendered
2) At least 2 years for early termination of probation of 3 years or more
3) At least 1 year for early termination of probation of less than 3 years

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28
Q

Time frame for Accusations

A

Accusations must be filed within 3 years from the date the BOP discovers the alleged act or within 7 years from the date the alleged act occurred, whichever occurs first

29
Q

Evidence Code 1016

A

No privilege when the patient raises issue of his/her mental/emotional condition

30
Q

Evidence Code 1017

A

No privilege when the therapist is appointed by the court to examine the patient

Excludes situations in which psychologist is hired to provide attorney for defendant with info upon which to base the defense

31
Q

Evidence Code 1018

A

No privilege when the services of the therapist are sought to aid patient in committing a crime or escaping apprehension after committing a crime

32
Q

Evidence Code 1019, 1021,1022

A

No privilege as to communication relevant to parties who are claiming through a deceased person, regarding a deed, will, or other document executed by the patient

33
Q

Evidence Code 1020

A

No privilege when either therapist or patient alleges breach of duty

34
Q

Evidence Code 1023

A

No privilege when the patient requests to determine his/her sanity

35
Q

Evidence Code 1024

A

No privilege when therapist believes patient’s emotional condition causes him/her to be a danger to self, others, or property and disclosure is NECESSARY to prevent danger

36
Q

Evidence Code 1025

A

No privilege in proceedings brought by patient to establish his/her competence

37
Q

Evidence Code 1026

A

No privilege when therapist is required to make a report, and report is open to public inspection

38
Q

Evidence Code 1027

A

No privilege if patient is under 16 years old, has been a victim of a crime, and disclosure is in the best interest of the child

39
Q

Emancipated minors

A

Can become emancipated in 1 of 3 ways:

1) Marrying legally
2) Enlisting in the military
3) Court declaration of emancipation- minor 14 or over, living separately from parents with consent, managing his/her own finances

40
Q

Self-sufficient minors

A

1) 15 or older, living apart from parent with or without consent, managing own finances
2) Can lawfully consent to medical/dental treatment
3) Physician or dentist can contact minor’s parent with or without consent of minor

41
Q

California Family Code: Outpatient MH treatment or Residential shelter services

A

1) Minor MUST BE 12 YEARS OLD or older
2) Must be mature enough to participate
3) Must present as a danger to self or others, or have been the alleged victim of incest or child abuse
4) Outpatient MH should include parent/guardian unless involvement is inappropriate, must document efforts to contact or reason not to contact
5) When residential services are provided, MUST attempt to contact parents
6) Cannot receive ECT, Psychosurgery, or psychotropic meds without parent consent

42
Q

Health and Safety Code: Outpatient MH treatment

A

1) Effective 1/1/2011
2) Minor MUST BE 12 YEARS OLD or older and must be mature enough to participate
3) DOES NOT REQUIRE that minor present as a danger to self or others, or have been the alleged victim of incest or child abuse
4) HEALTH AND SAFETY CODE PREVAILS over California Family Code
5) Outpatient MH should include parent/guardian unless involvement is inappropriate, must document efforts to contact or reason not to contact

43
Q

California Family Code: Pregnancy

A

1) No minimum age stipulated
2) Minor can consent to medical care related to prevention or treatment of pregnancy
3) Medical care includes contraception and abortion
4) Medical care excludes sterilization
5) Provider NOT PERMITTED to inform parent without the minor’s consent

44
Q

California Family Code: Communicable disease

A

1) Minor must be 12 years or older
2) May consent to medical care related to diagnosis or treatment
3) Provider NOT PERMITTED to inform parent without the minor’s consent

45
Q

California Family Code: Sexual Assault

A

1) No minimum age stipulated
2) May consent to medical care related to diagnosis, treatment, or collection of evidence related to rape/sexual assault
3) Under 12, professional MUST ATTEMPT to contact parent unless professional suspects that parent committed the assault

46
Q

California Family Code: Rape victims

A

1) Minor must be 12 years or older
2) May consent to medical care related to diagnosis, treatment, or collection of evidence related to rape/sexual assault
3) Provider NOT PERMITTED to inform parent without the minor’s consent

47
Q

California Family Code: Drug/alcohol treatment

A

1) Minor must be 12 years or older
2) May consent to medical care and counseling related to diagnosis or treatment of a drug or alcohol related problem
3) Counseling may be provided only by provider under state or county contract to provide such services
4) Must include parent/guardian if appropriate and must document efforts to include parent or reasons for not contacting parent
5) Minor may not receive methadone or other replacement narcotics without parental consent

48
Q

When patients request treatment records

A

CA law: Provider may decline access to records if provider believes there would be adverse consequences to the patient

HIPAA: Records can only be withheld when life/physical safety is threatened

With adults, HIPAA prevails

49
Q

When parent of a minor request treatment records

A

CA law: Provider may decline parental access if minor was legally authorized to get treatment w/o parental consent

CA law: Provider may also decline if parental access to records could be either detrimental to therapy or put minor’s well being in jeopardy

HIPAA: Records can only be withheld when life/physical safety is threatened

In this instance, CA LAW PREVALS

50
Q

Tarasoff (Civil Code 43.92)

A

Legal obligation to warn intended victim and notify local law enforcement when a patient has communicated to the therapist a serious threat of physical violence against a reasonably identifiable victim

51
Q

Ewing decision

A

Communications from family members are sufficient enough to warrant Tarasoff

52
Q

Involuntary confinement of minors (5585)

A

Only an option when parent is not available to authorize voluntary treatment

The treatment facility must attempt to notify the parent or guardian

53
Q

Involuntary confinement following initial 72 hour hold

A

1) A person can be certified for up to 14 days if they continue to remain a danger to self, others, or are gravely disabled as a result of a mental disorder or impairment due to chronic alcoholism
2) Person must be advised of need for additional voluntary treatment, but refused
3) Entitled to certification review hearing within 4 days of the date of certification

54
Q

Following 14 day hold for someone who is danger to self

A

5260: May be confined for an additional 14 days, not renewable

55
Q

Following 14 day hold for someone who is danger to others

A

5300: May be confined for up to 180 additional days, can be renewed

56
Q

Following 14 day hold for someone who is gravely disabled

A

5270.15: Confined for an additional 30 day unless a petition for conservatorship has been filed during the hold

57
Q

Assault and confidentiality

A

1) Health practitioners who provide medical services to a person suffering from any wound resulting from assault or abuse are mandated to report
2) Providers of MH services are not mandated to report assault, nor are they permitted to report assault unless the patient gives explicit written consent

58
Q

HIV and confidentiality

A

1) Health care providers occupationally exposed to possible HIV infected blood may request info about patient’s HIV status. Physician may disclose info, but first must attempt to obtain patient consent
2) Physicians are permitted but not required to disclose a patient’s HIV status to patient’s partner. Test results must first be discussed with patient and there has been an attempt to obtain patient’s consent
3) Provider’s of mental health services may never breach a patient’s confidentiality with regard to HIV status

59
Q

HIPAA’s 3 rules

A

1) Privacy: Safeguard’s confidential patient information
2) Transaction: Standardized electronic transmissions
3) Security: Addresses physical security of patient records

60
Q

HIPAA and Generalized Consent

A

Information given to patient describing that PHI may be disclosed for any of 3 purposes:

1) Treatment
2) Payment
3) To carry out health care operations

Must obtain separate authorizations for any disclosures that are not for the purpose of treatment, payment, or health care operations

61
Q

HIPAA and Patient Rights

A

1) Right of Notice- To be informed of privacy policy
2) Right to request restrictions- Right to reasonable requests to restrict use and disclosure of PHI
3) Right to receive confidential communications by alternative means and at alternative locations
4) Access to records
5) Right to Amendment- Right to request changes to PHI
6) Right to accounting- Can receive accounting of all PHI disclosures for the past 6 years

62
Q

APA ethics code

A

Preamble, 5 general principles, and 10 ethical standards

63
Q

Preamble

A

Goals of the ethics code are the Welfare and protection of the individuals and groups with whom psychologists work and the education of members, students, and the public regarding ethical standards of discipline

64
Q

General Principles

A

Aspirational

65
Q

1) BENEFICENCE AND NONMALEFICENCE:

A

strive to benefit others and minimize harm

66
Q

2) FIDELITY AND RESPONSIBILITY

A

psychologists should clarify roles and manage conflicts, cooperate with other professionals

67
Q

3) INTEGRITY

A

Promote accuracy, honesty, and truthfulness, uphold commitments, and use deception with care

68
Q

4) JUSTICE

A

All persons should benefit from psychology and should be treated equally

69
Q

5) RESPECT FOR PEOPLE’S RIGHTS AND DIGNITY

A

Respect for the rights of privacy, confidentiality, self-determination, and autonomy. Mandates sensitivity to cultural diversity

CPSE (4 decks)

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