Laws and Regulations - Business General Practices Flashcards
The BOP bases its standards on what?
Ethical Principles of Psychologists and Code of Conduct of APA
Supervisors are supposed to base their provision of sup based on what?
Ethical Principles of Psychologists and Code of Conduct of the APA
Exceptions to privilege include which 3 circumstances during court hearing?
- competency to stand trail
- patient claims insanity plea
- emo damage
where does it say that patient’s have a right to a psychologist’s background?
patient’s bill of rights
What are the 6 areas of patient bill of rights?
- know psychologist’s background
- second opinion
- copy of records, referral
- limits of confidentiality
- written info $, insurance, time session, cancellation
- treatment plan in writing
What is time frame if someone wants to put in a complaint against a lic psychologist?
3 years from when BOP finds out of incident
7 years when act occurred
whichever comes first
what is time frame to file an accusation against a psychologist for committing sexual act w former clt?
BOP finds out - within 3 years to file complaint
10 years from when act happened
whichever comes first
When can a psychologist withhold treatment records and is it ethical/legal?
HIPAA says you can’t ever withhold treatment records for non-payment; ethical conflicts with law
License means that you can practice what?
psychological services under boundary of your competence
What are guidelines for forensic evaluations?
- Invited to include person of interest’s input -> if not possible, state limitations in eval
- methods should be appropriate and sufficient
- should not base results on obsolete data
- acknowledge limitations of data
what if you are lic in a practice and personal issues getting in the way of practice?
- if being clearly negligent towards patients - should temporarily halt practice.
- if problem is new - consult
- consider suspending practice, consult, seek personal therapy, seek consultation
what is sexual contact as stated in Therapy Never Includes Sex Brochure?
touching of intimate part; sexual intercourse
What is sexual behavior as stated in Therapy Never Includes Sex Brochure?
inappropriate contact
Evidence code 1024
Privilege btwn clt and therapist may not exist if clt communicates danger to self, others, property, and to break confidentiality would be to prevent danger
Evidence code 1016 says when the court hires a psychologist, privilege?
does not exist because the courts need to get a sense of the clt through the psychologist
undershot circumstances does privilege stop existing?
- psychologist is hired by court to eval clt
- Board of Prisons eval clt
- danger self, HI, property - tell to prevent
- need to report - open to public
- under 16 y/o victim of crime
- dead - will, deed
- patient is dead - communication
- breach of duty
- dead - interests settled in legal battle
- commit a crime to escape apprehension
- establish patient’s sanity
- establish patient’s competence
- mental or emo condition as defense
statutory rape is considered to have occurred when an adult has sex with a minor. what is other important factor to consider if this abuse is reportable?
if sexual relations were or were not consensual
BOP says that you must turn in your patient records, how long do you have?
15 days, must include written consent from clt
How many years does your license need to be expired in order to have to file for a new application?
3 year after ____ ______
When can a licensed be revoked?
psychologist engages in
fraud
lying - misleading
misrepresentation
Starting Jan 2023 what are Continuing Professional Development requirements of 4 categories?
Prof Development
Sponsored CEs
Academic
Board Certification
each renewal cycle must get 36 hours from at least two of these hours
27 hours can be from CEs
Psychological associate’s supervisor must tell the BOP w/in ____ days that they have ____ their prof. relationship
30 days - ended and the PA must notify the BOP
When does registration of psychological associate with the BOP become void after non-payment/non-renewal?
After 60 days expiration
What is limit for a psychological associate number of years practicing?
6 years or 72 months
Grave disability means? and must be_____
Patient cannot independently care for themselves and require help of support system to care for themselves to provide food, clothing, shelter. Support MUST be stated in writing
How many supervisor’s can a supervisee obtain SPE of required 3,000 hours? Limit of hours able to log?
can be only 1 ________ to get SPE. limit a supervised may log under SPE is 44 hours/week
What is a person remains homocidal after third certification (180 day) hold?
Allowed to be newer after ____ day hold
What happens if a person is still GD after third certification (30 day) hold?
Can ONLY be held longer if we are waiting for conservatorship results and that it was filed during their third hold.
What happens if a clt is still SI after third certification hold? (14 days)
They HAVE to be released. NOT RENEWABLE
Requirements for SPE logs?
Kept by supervisee
location services provided
hours worked
type supervision provided
services performed
signed and statement by supervisor that its correct
when a clt is placed on a hold, what types of documentation has to exist?
- probable cause statement
- MUST be available to go to court if clt asks for a post certification hearing to determine probable cause
if a lawyer contacts you for a competency/emotional harm/insantity to ask for clt records
MUST always include ROI in order to release records
If a clt does not show for a session and they use insurance?
You can NOT bill insurance. You CAN charge ct full fee if it is your office policy
Legally, who needed to sign supervision agreement when I was at JCMH, Kathy, Juan, Anderson, and me?
_____, only Kathy and I had to sign, then she had to send document to BOP before the start of our work together + Verification of Experience form (signed sealed in envelope)
Ethically AND legally, court ordered therapy, and how does it work talking to courts?
_____ ______, must secure IC from patient. ROI must be given in order to release details to court
What happens if a license revocation is stayed?
Psychologist is then put on probation.
Lic faces interim suspension when a psychologist is what and does what related to duties as a psychologist?
Consequences of lic. when a psychologist violates Business and Prof Code/ broke duties related to being a psychologist and is considered to be a danger to the public.
Difference between interim vs automatic suspension?
duties of being therapist harmed, violated Business and Prof Code and Danger to public vs what happens when they are convicted of a felony
When a supervisor refers employer to EAP, they are entitled to what? If supervisor wants to know more?
Only know dates when employee attended sessions/ if employee actually went to therapy. To know more the employee/clt would have to sign ROI.
HIPAA says that when a clt asks for their entire required?
May be refused if it would cause danger for requestee and should better send info compliant with HIPAA
When I wanted to talk to Jack on the phone at Edgewood, I could not because?
When put on hold, could only happen_____ specific times of the day.
When I wanted to talk to Jack on the phone at Edgewood, I could not because?
When put on hold, could only happen_____ specific times of the day.
What if a clt on a 5250 wants to challenge a hold from being SI?
Patient directly has to initiate a WRIT (the family CANNOT)
What if a patient wants to challenge a hold from being GD of 5150? on a 5250 they are ____ to file a ____ of habeous corpus
This hold CANNOT be challenged - too dangerous on the ____ hold
They CAN file a WRIT____ on the ____ hold
HIPAA Stands for what?
Health
Insurance
Portability
Accountability
Act
To fail to report child abuse, it is a criminal or civil offense?
CRIMINAL
6mo jail/ $1K
Serious or death = 1yr jail/ $5K
if a child 12 or young wanted to get tested for sexually communicable diseases, they would need?
Parent consent for ____ y/o to get _____
What if a therapist is charged with a sexual encounter w a minor? Disciplinary action?
Cannot revoke license based on a _____. Another way to say is that therapist is accused of engaging of an inappropriate act. NO _____ ______.
Harmful multiple relationship is considered a _______. Steps to resolve. Does it have to be ____?
CONFLICT
Steps to _____:
1.Must take MAXIMAL compliance to Ethics code.
2. Minimize damage to person impacted.
Does NOT have to be TERMINATED ASAP
Who do you have to explain assessment results to?
Person you tested with consideration of their ability to take in information
unless its a child _ include parents
Factors that ensure consultation capable you have to have competence:
Mandated how? ___ and _______
knowledge of
age
gender
SES
culture
race
national orgin
religion
sexual orientation
ability/disabilty
language
both a legal and ethical ______
Can a psychologist recommend specific types of medication or even general class of medication to a clt?
NO because it it out of their scope of practice
To get a copy of a record?
15 days
To get a summary?
10 working days
Copy of a complicated record?
30 days
To come see record?
5 working days
____ hrs each renewal cycle of CPD sponsored CEs; ____ hrs each renewal cycle of CPD sponsored
27;27
Ben Stiller probably ___ when worked at LT care facility (_______ _____) if seriously hurt someone, they would have found out w/in ___ hours ; if grandma got abused at home ____ working days.
24 hours to report non serious abuse LT care facility or 2 hrs if serious abuse vs at home abuse 2 working days
If Olivia Benton had to work w an 11 year old rape and sexual assault victim, her parents ____ have to be notified. OK for youth to consent to _____.
HAVE to be notified if raped / sexually assaulted also w sexual communicable disease ___ ____ y/o
Okay if they consented to help after being raped
Remember definition of sexual contact is that sexual contact is _______
BROAD has to include touching or seeing
genitals
penetration
exposing
Sexual Misconduct is . If a clt showed picture of private parts considered to be sexual misconduct
Talking about inappropriate sexual conversations
suggesting
innuendos
Okay to reveal confidential info if ______
clt has agreed and done so in writing via ROI
If there is a safety issue, therapist can terminate asap and _______.
Therapist safety #1; referrals DO NOT need to be provided
To give a RIM job to Business and Professionals in PUBLIC would be dangerous - lead to suspension
Interim suspension granted when therapist breaks Business and Prof code and danger to public or convicted crime to public
who are the two people to sign off on a 5250?
Pyschologist/Psychiatrist or prof person works for facility
Requirement for supervision SPE ______ available of time; 1 hr should be ____ to ____
available 100% and 1 hr should be face to face
