Legal and Ethical Standards Flashcards
During a psychological conference, a psychologist is impressed by an innovative treatment described by one of the presenters. Although this treatment is still experimental, the psychologist would like to begin using it with his clients. The psychologist:
A. can use this treatment but should avoid informing his clients of its experimental nature
B. should not use this treatment
C. should obtain his client’s informed consent before using the treatment, including informing them of the developing nature of the treatment, the potential risks involved, alternative treatments that may be available, and the voluntary nature of their participation.
D. should not use the treatment until its effectiveness has been firmly established in the literature, unless no alternative treatments are available.
Should obtain his client’s informed consent before using the treatment, including informing them of the developing nature of the treatment, the potential risks involved, alternative treatments that may be available, and the voluntary nature of their participation
The California Evidence code identifies several circumstances in which there is no psychotherapist-patient privilege. These include all of the following circumstances except:
A. the psychologist has been ordered by the Board of Prison Terms to evaluate a prison inmate to determine his or her need for treatment
B. the psychologist has been appointed by the court to evaluate a defendant at the request of the defendant’s attorney to determine if the defendant qualifies for a defense based on his or her mental condition
C. the psychologist has been appointed by the court to evaluate an individual for the purpose of establishing his or her competence
D. the client has initiated a malpractice suit against his or her therapist as a result of the therapist’s breach of confidentiality.
The psychologist has been appointed by the court to evaluate a defendent at the request of the defendant’s attorney to determine if the defendant qualifies for a defense based on his or her mental condition
NOTE:
- Privilege is waived when a psychotherapist has been appointed by the court to examine a patient
- However, this exception to privilege does NOT apply when the evaluation has been requested by the defendant’s attorney to provide the attorney with information needed to determine if the defendant qualifies for a defense related to his/her mental condition
HIPAA’s Security rule lists several technical safeguards for protecting electronic PHI (ePHI) from unauthorized release. Encryption is one of these safeguards and is listed as an “addressable” safeguard, which means that a covered entity:
A. is not required to encrypt electronically stored or transmitted PHI when the client has signed a waiver of confidentiality
B. is required to encrypt electronically stored or transmitted PHI only when a breach of client confidentiality has occurred in the past
C. may choose not to encrypt electronically stored or transmitted PHI when it is not reasonable or appropriate to do so
D. must encrypt all electronically stored or transmitted PHI
May choose not to encrypt electronically stored or transmitted PHI when it is not reasonable or appropriate to do so
The APA’s Ethics Code states that, when there is a conflict between ethical obligations and legal requirements, a psychologist should attempt to resolve the conflict in a manner that is consistent with:
A. personal conscience
B. legal requirements
C. basic principles of human rights
D. the accepted standards of care
Basic principles of human rights
NOTE:
If a psychologist’s ethical responsibilities conflict with law, regulations or other governing legal authority, psychologists:
- make known their commitment to the Ethics Code
- take steps to resolve the conflict in a responsible manner in keeping with basic principles of human rights
Morgan M., age 31, tested positive for HIV two months ago, and during a therapy session, reveals he has not told his girlfriend about his condition and sometimes has unprotected sex with her. In this situation:
A. you must contact Morgan’s girlfriend to inform her that Morgan is exposing her to HIV
B. you must contact Morgan’s girlfriend to inform her that she may have been exposed to HIV but must not reveals Morgan’s identity
C. you must contact Morgan’s girlfriend to inform her that she may have been exposed to HIV but only if Morgan refuses to do so himself
D. you should maintain Morgan’s confidentiality but inform him of the possible legal consequences of not telling his girlfriend about his HIV status.
You should maintain Morgan’s confidentiality but inform him of the possible legal consequences of not telling his girlfriend about his HIV status.
NOTE:
- Whether you have the duty to warn in this situation is ambiguous, and consequently, your best course of action would be to discuss the situation with a colleague or attorney to determine the best course of action.
- Since this is not given as a choice so the BEST answer of those given is to maintain the clt’s confidentiality and inform him of the possible legal consequences of not telling his girlfriend about his HIV status
Any person who exposes another person to HIV through unprotected sexual activity is:
- guilty of felony if that person knows he/she is infected
- does not disclose his/her HIV-positive status, and acts with intent to infect the other person with HIV
- Permission to inform the spouse or sexual partner of a person who has tested positive for HIV is granted in Health and Safety Code 121015
- However, this statue applies to physicians and surgeons only, NOT to psychologists
A client asks Dr. Ken Kendall for a copy of her therapy record. Dr. Kendall may provide the client with a summary of the record (rather than the complete record) if:
A. he explains his reasons for doing so to the client
B. the client’s request was verbal rather than in writing
C. the client requested a summary and the request from the client was in writing
D. he believes it is in the best interest of the client to do so and the request from the client was in writing
The client requested a summary and the request from the client was in writing
NOTE:
- California law permits a health care provider to determine whether to provide a client with a record summary or an entire record
- HIPAA’s privacy rule allows this only if the client agrees in advance to receiving a summary
- Because HIPAA grants clients greater access to their records, it pre-empts California law
- HIPAA and California law both require that a client’s request for access to his/her records be in writing
Alicia A is a resident of Argentina and has a doctoral degree in clinical psychology from a South American university. Alicia has recently moved to California and would like to provide therapy under the supervision of Dr. Joyce, who has been a licensed psychologist in California for several years. Under which of the following circumstances can Alicia provide psychotherapy services under Dr. Joyce’s supervision?
A. Alicia has at least 3,000 hours of supervised experience in psychotherapy
B. Alicia’s degree is from an accredited school, and she has at least 1,500 hours of supervised experience in psychotherapy
C. Alicia is approved as a psychological assistant for Dr. Joyce by the California Board of Psychology
D. Alicia is a licensed psychologist in Argentina
Alicia is approved as a psychological assistant for Dr. Joyce by the California Board of Psychology
Which of the following is true about reporting known or suspected cases of spousal abuse?
A. Psychologists should make a report wherever they learn of the abuse during the course of providing professional services to the victim or the perpetrator
B. Psychologists must make a report only when the victim of the abuse is a minor or is age 65 or older
C. Psychologists must make a report only when the victim of abuse wants the psychologist to do so
D. Psychologists are not required to report spousal abuse
Psychologists must make a report only when the victim of the abuse is a minor or is age 65 or older
NOTE:
- Spousal abuse is not identified as a reportable type of abuse in California
- However, psychologists must report known and suspected:
- abuse of a minor
- physical abuse, abandonment, abduction, isolation, fnancial abuse, or neglect of an elder or dependent adult
A psychologist who is licensed in California is thinking about expanding her clinical practice by providing services over the Internet. The psychologist should be aware that:
A. providing services over the Internet is currently prohibited by California law
B. providing services over the Internet is limited by California law to “giving advice”
C. psychologists providing services over the Internet to California residents must be licensed in California
D. psychologists providing services over the Internet to California residents must be in California at the same time the services are delivered
Psychologists providing services over the Internet to California residents must be licensed in California
Which of the following describes the penalty for failing to report child abuse or neglect when that failure results in death or significant bodily injury?
A. a fine up to $1,000 and/or confinement in county jail for up to 6 months
B. a fine up to $2,500 and/or confinement in county jail for up to 6 months
C. a fine up to $2,000 and/or confinement in county jail for up to 12 months
D. a fine up to $5,000 and/or confinement in county jail for up to 12 months
A fine up to $5,000 and/or confinement in county jail for up to 12 months
Mr. and Mrs. Benevides arrive at their first therapy session with their two children, ages 9 and 12. Mrs. Benevides says that their oldest child has been having problems at school lately and that she and her husband can’t seem to agree on how to handle the situation. Your initial responsibility during this session is to:
A. identify short and long term goals for therapy
B. help family members identify their contribution(s) to the family problem
C. identify which family members is/are the primary patients
D. determine each family member’s expectations for therapy
Identify which family members is/are the primary patients
NOTE:
- When psychologists agree to provide services to several persons who have a relationship they take reasonable steps to clarify at the outset of therapy:
- which of the individuals are the clients/patients
- and the relationship the psychologist will have with each person
NOTE:
- Although the issues described in the other answers are important, they would normally be addressed after the primary patients have been identified.
Which of the following individuals may institute the involuntary detention of an individual under Section 5150 of the California Welfare and Institutions code?
A. any individual familiar with the person’s mental health status
B. a psychiatrist, psychologist, or other mental health professional
C. a peace officer, physician, or other designated hospital staff, or licensed mental health professional
D. a peace officer, attending staff at a designated evaluation facility, designated member of a mobile crisis team, or person designated by the county
A peace officer, attending staff at a designated evaluation facility, designated member of a mobile crisis team, or person designated by the county
As defined in California Business and Professions Code Section 729, the penalty for a psychologist’s first conviction for sexual exploitation of a therapy client is:
A. imprisonment in a county jail for no more than three months, a fine not exceeding $500 or both
B. imprisonment in a county jail for no more than six months, a fine not exceeding $1,000 or both
C. imprisonment in a county jail for no more than 14 months, a fine not exceeding $2,500 or both
D. imprisonment in a county jail for no more than 18 months, a fine not exceeding $3,000 or both
Imprisonment in a county jail for no more than six months, a fine not exceeding $1,000 or both
NOTE:
- For the FIRST offense with a single victim, the charge is likely to be a misdemeanor, the penalty is a sentence of up to six months in county jail, a fine not exceeding $1,000 or both
The California Evidence Code identifies several circumstances in which there is no psychotherapist-patient privilege. These include all of the following circumstances except:
A. the psychologist has been ordered by the Board of Prison Terms to evaluate a prison inmate to determine his or her need for mental health treatment
B. the psychologist has been appointed by the court to evaluate the defendant at the request of the defendant’s attorney to determine if the defendant qualifies for a defense based on his or her mental condition
C. the psychologist has been appointed by the court to evaluate an individual for the purpose of establishing his or her competence
D. the client has initiated a malpractice suit against his or her therapist as a result of the therapist’s breach of confidentiality
The psychologist has been appointed by the court to evaluate the defendant at the request of the defendant’s attorney to determine if the defendant qualifies for a defense based on his or her mental condition
NOTE:
- Privilege is waived when a psychotherapist has been appointed by the court to examine a patient
- However, this exception to privilege does NOT apply when the evaluation has been requested by the defendant’s attorney to provide the attorney with information needed to determine if the defendant qualifies for a defense related to his/her mental condition
The APA’s Ethics Code identifies three situations in which it is not necessary to obtain an informed consent prior to administering a psychological test. Which of the following is NOT one of these three situations?
A. Testing is mandated by law or government regulation
B. Informed consent is implied because testing is routine
C. The purpose of testing is to evaluate competence
D. The test-taker’s anonymity can be maintained
The test-taker’s anonymity can be maintained
EXCEPTIONS TO INFORMED CONSENT:
- Testing is mandated by law or government regulation
- Informed consent is implied because testing is routine
- The purpose of testing is to evaluate competence
The legal requirements for involuntary hospitalization and treatment in California are based on a person’s mental disorder. The courts in California have usually interpreted “mental disorder” to mean which of the following?
A. a GAF score of 10 or below
B. all mental disorders in the current edition of the DSM
C. any significant mental disorder in the current edition of the DSM, though grave disability cannot be based on dementia or mental retardation alone
D. any significant mental disorder in the current edition of the DSM, though grave disability cannot be based on mental retardation alone
Any significant mental disorder in the current edition of the DSM, though grave disability cannot be based on mental retardation alone
What is the difference between confidentiality and privilege when working with clients?
A. Privilege is an ethical issue that prevents the psychotherapist from revealing information about the client and confidentiality is a legal issue that pertains to testimony in court
B. Confidentiality is an ethical issue established by state law to restrict testimony of confidential information in a legal proceeding and privilege is a legal term that requires the psychologist to testify in a legal proceeding
C. Privilege is a legal concept that refers to a person’s right to have confidential information revealed in a legal proceeding and confidentiality refers to the ethical obligation of psychologists to protect client’s information revealed in therapy
D. Confidentiality refers to a psychologists’s ethical and legal obligation to protect information revealed by a client in therapy and privilege refers to the legal requirement not to reveal confidential client information in legal proceedings
Confidentiality refers to a psychologists’s ethical and legal obligation to protect information revealed by a client in therapy and privilege refers to the legal requirement not to reveal confidential client information in legal proceedings
NOTE:
- Privilege is AKA “testimonial privilege” and is a legal term that refers to a person’s right not to have confidential information revealed in a legal proceeding
- Privilege is LEGAL and confidentiality is ETHICAL with some legal components
Which of the following cannot generally consent to psychotherapy for a minor child?
A. a minor who is a parent
B. a foster parent
C. an adoptive parent
D. an unmarried parent
A foster parent
_NOTE: _
- Foster parents do not generally have the right to make mental health decisions for their foster children with the exception of ordinary medical and dental treatment
To be consistent with legal requirements, a psychologist may deny a patient access to his/her own protect health information (PHI):
A. when access is reasonably likely to endanger the patient’s mental health
B. when access is reasonably likely to endanger the patient’s mental or physical health
C. when access is reasonably likely to endanger the patient’s life or physical safety
D. under no circumstances
When access is reasonably likely to endanger the patient’s life or physical safety
NOTE:
- Because HIPAA provides greater access than California law, HIPAA sets the standard for determining when acess to PHI may be denied
- HIPAA’s Privacy rule states: a provider may deny a patient access to his/her medical records when access is reasonably likely to endanger the life or physical safety of the patient or another person for ADULTS only
- this does NOT apply to minors
Joanne, age 68, is a new client. In your first session with her, she reveals that she abused her 87 year old mother two years ago. She tells you that her previous therapist reported the abuse to APS, so you don’t have to report the abuse. What do you do?
A. Report to APS
B. Maintain confidentiality
C. Call the previous therapist to be sure that the abuse was reported
D. Don’t need to report because the abuse was already reported
Report to APS
NOTE:
- When you have been told of Elder Abuse while in your official capacity as a psychologist, you MUST report that abuse even if it has been previously reported
- Checking with the previous therapist would validate your client’s account of the previous report but it would not change your responsibility to report the abuse
Under HIPAA’s privacy rule, a health care provider may disclose PHI without the client’s consent:
A. only when the disclosure meets “minimum necessary” standard
B. only when the information is needed to provide the client with emergency health care services
C. when the information will be used for routine treatment, payment, and health care operations purposes
D. when the provider has determined that it is in the client’s best interest to do so
When the information will be used for routine treatment, payment, and health care operations purposes
Which of the following accurately describes parental rights with regard to reviewing the treatment records of a minor child?
A. Only the parent who has consented to treatment of the child has the right ot review treatment records
B. Only the parent who is paying for treatment has the right to review treatment records
C. Only the custodial parent has the right to review treatment records
D. Custodial and noncustodial parents have the right to review treatment records
Custodial and noncustodial parents have the right to review treatment records
According to the Board of Psychology, in order to facilitate consumers in receiving appropriate psychological services, all licensees and registrants are required to post which of the following in thier principal psychological business office?
A. diploma
B. license
C. fee schedule
D. notice about complaints
Notice about complaints
California law requires mandated reporters to report known and suspected cases of elder or dependent adult abuse. Specifically for all types of abuse except physical abuse that occurs in long-term care facilities (other than state mental health hospitals or state developmental centers), the law requires mandated reporters to make a report by telephone immediately or as soon as possible and to send a written report within:
A. 24 hours
B. two working days
C. three working days
D. five working days
Two working days
NOTE:
- Recent modifications to the law on sending a follow up written report for physical abuse that occurs in long-term facilities other than state mental health hospitals or state developmental centers.
- When physical abuse involves serious bodily injury and was not inflicted by a resident of the facility who has received a diagnosis of dementia, the follow-up report must be made within two hours
Dr. Ambrose Alvarez has been licensed as a psychologist in Canada for 10 years and has applied for licensure in California. He may provide psychological services in California for a period not to exceed _____ calendar days from the time he submitted his application or from the beginning of his residence in California, whichever occurred first.
A. 45
B. 90
C. 120
D. 180
180
California law provides an exception to the requirement that psychologists report suspected cases of elder abuse. Which of the following is NOT a condition for this exception?
A. The client is the subject of a court-ordered conservatorship because of a mental illness
B. The psychologist is unaware of any independent evidence that supports the client’s claim of abuse
C. Based on his/her clinical judgment, the psychologist does not believe that abuse has occurred
D. The client or other person has informed the psychologist that a report has already been filed with the appropriate authorities
The client or other person has informed the psychologist that a report has already been filed with the appropriate authorities
NOTE:
Psychologists are NOT required to file a report of elder or dependent adult abuse when all of the following conditions are met:
- the psychotherapist has been told by an elder or dependent adult that he has experienced behavior constituting physical abuse, abandonment, abduction, isolation, financial abuse, or neglect
- the psychotherapist is not aware of any independent evidence that corroborates the statement that the abuse has occurred
- the elder or dependent adult has been diagnosed with a mental illness of dementia
- the elder or dependent adult is the subject of a court-ordered conservatorship because of a mental illness or dementia
- in the exercise of clinical judgment, the psychotherapist reasonably believes that the abuse did not occur
You have been treating Sam, age 7, for three months. He has been brought to therapy by his father, Alex, who is his legal guardian. Sam is being treated for difficulties he has been having at school. Melissa, the non-custodial mother of Sam, sends you a letter requesting a summary of Sam’s records. You would:
A. have to get a written request from Sam’s custodial parent before you could release a summary of Sam’s therapy records
B. give the summary of Sam’s records to his mother
C. have to get a signed release from both the mother and father before you can give a summary of the records to the mother
D. refuse to send a summary of the records to Sam’s mother
Give the summary of Sam’s records to his mother
NOTE:
- You CANNOT DENY TX RECORDS (copy or summary) just because the parent who requests the records does not have legal custody
- HOWEVER, with regards to treatment consent for a minor when you bring the minor in, one of the parents MUST HAVE LEGAL CUSTODY
A psychologist who is licensed in another state may offer psychological services in California for a period not exceeding ____ days in any calendar year
A. 90
B. 45
C. 30
D. 15
30
At the request of an employer, a psychologist conducts a fitness-for-duty evaluation of an employee. If the employee refuses to sign an authorization or waiver form, the psychologist:
A. cannot provide any information derived from the evaluation to the employer
B. can only tell the employee whether the employee is fit-for-duty
C. can only tell the employee whether the employee is fit-for-duty and describe any relevant functional limitations
D. can tell the employer whether the employee is fit-for-duty, describe any relevant functional limitations, identify the medical or psychological cause of those limitations and provide any other pertinent information
Can only tell the employee whether the employee is fit-for-duty and describe any relevant functional limitations
NOTE:
- A fitness-for-duty evaluation is conducted at the request of an employer or supervisor to determine if psychological or psychiatric factors will interfere with a current employee’s ability to perform essential job functions.
- The employee is ordinarily asked to sign an authorization for release of information or waiver form prior to the evaluation
- However, even when the employee refuses to do so, the employer has the right to limited information about the results of the evaluation
- EX: if the employee is able to perform essential job functions, whether any functional limitations will affect the employee’s ability to perform his/her job duties, and whether any accommodations are needed to help the employee perfom his or her job duties
- However, even when the employee refuses to do so, the employer has the right to limited information about the results of the evaluation
Mandated reporters of child abuse are legally protected from:
A. civil and criminal liability when a report is made within (but not outside of) their professional capacity
B. civil and criminal liability when a report is made within or outside of their professional capacity
C. civil (but not criminal) liability when a report is made within their professional capacity only
D. criminal (but not civil) liability when a report is made within or outside their professional capacity
Civil and criminal liability when a report is made within or outside of their professional capacity
As defined in California Welfare and Institutions Code Section 5260, at the expiration of the initial 14-day hold, a person who continues to be suicidal as the result of a mental disorder or impairment due to chronic alcoholism may be confined for additional treatment for a period not to exceed ____ days
A. 7
B. 14
C. 28
D. 180
14
NOTE:
- Postcertification holds may follow the initial 14-day hold, with the type of hold depending on the individual’s circumstances
- When a postcertification hold is being requested due to continued risk for suicide, the hold cannot exceed 14 days
Which of the following describes the August 14, 2002 modification to the Federal Health Privacy Rule with regard to obtaining consent from a patient before disclosing protect health information (PHI)?
A. The modification eliminated the requirement for direct treatment providers to obtain a written consent prior to disclosing PHI for treatment, payment, or health care operations.
B. The modification added the requirement for direct treatment providers to obtain a written consent prior to disclosing PHI treatment, payment, or health care operations.
C. The modification added the requirment for direct treatment providers to obtain either a written or oral consent prior to disclosing PHI for treatment, payment or health care operations
D. The modification eliminated the requirement to obtain a written consent in emergency situations only
The modification eliminated the requirement for direct treatment providers to obtain a written consent prior to disclosing PHI for treatment, payment, or health care operations.
When a client asks for a summary of his or her record (rather than a copy of the entire record), a psychologist must provide the summary within _____ working days after receipt of the client’s written request unless the record is of “extraordinary length” or treatment of the client was terminated within the last ten days.
A. 6
B. 10
C. 15
D. 20
10
NOTE:
- If the health care provider chooses to prepare a summary of the record rather than allowing access to the entire record, he or she shall make the summary of the record available to the patient within 10 working days from the date of the patient’s request.
- If more time is needed because the record is of extraordinary length or because the patient was discharged from a licensed health facility within the last 10 days, the health care provider shall notify the patient of this fact and the date that the summary will be completed, but in no case shall more than 30 days lapse between the request by the patient and the delivery of the summary
- While California law allows health care providers to provide summaries to clients rather than complete records, HIPAA allows this only when the client agrees to this alternative
You receive a letter from another therapist who is currently treating Kyle K., a former client of yours. The therapist requests a copy of Kyle’s records,and the letter includes a signed release from Kyle. Kyle stopped seeing you three months ago, and he still owes you for the last four therapy sessions. You have sent him two letters requesting that he contact you about his outstandingbill, but he has not responded. You:
A. must comply with the therapist’s requests for Kyle’s records
B. may withhold Kyle’s records until he pays his outstanding fees
C. may withhold Kyle’s records as long as they are not “imminently needed.”
D. have no obligation to provide Kyle’s records to his new therapist
Must comply with the therapist’s requests for Kyle’s records
When a psychologist’s license has been revoked by the Board Psychology, the psychologist must wait for at least ____years before petitioning for reinstatment.
A. 2
B. 3
C. 5
D. 7
3
NOTE:
- For licenses that have been revoked, the BOP states that the individual must wait three years before petitioning the BOP for reinstatment of licensure
A licensed psychologist receives a written request and authorization from a former therapy client to release her therapy records to the BOP within 15 days of receipt of the request without good cause, the psychologist is subject to a fine of _____per day each day the documents are not produced after the 15th day.
A. $100
B. $500
C. $1,000
D. $5,000
$1,000
NOTE:
- Unless a licensed psychologist can demonstrate good cause for failing to release client records tothe BOP as requested, he/she is subject to a $1,000 fine for each day the records are not produced after the 15th day following the receipt of the request
California H&SC Section 124260 permits a minor who is 12 years of age or older to consent to oupatient mental health treatment and counseling services provided by a professional person when the minor is “mature enough to participate intelligently” in those services. It also requires that the treatment must include involvement of the minor’s parents:
A. only when not doing so would be harmful to the minor
B. only when the parents will have to pay for the services
C. except when the therapist determines that the minor’s presenting problem is directly related to the minor’s relationship with his/her parents
D. except when the therapist determines, after consulting with the minor, that their involvement would be inappropriate
Except when the therapist determines, after consulting with the minor, that their involvement would be inappropriate
The non-custodial parent of a child you are seeing in therapy sends you a written request for a summary of the child’s records. She says that she wants to show it to the child’s elementary school teacher. What should you do?
A. send her a summary of the child’s records
B. ask to send the summary to the elementary school teacher
C. don’t give her the record because she is not the legal guardian of the child
D. allow her to view the records briefly
Send her a summary of the child’s records
NOTE:
- For parents who are divorced, access to records and inforation pertaining to a minor child, including but not limited to, medical, dental, and school records, shall not be denied to a parent because such a parent is not the child’s custodial parent
Your client, age 24, has been diagnosed with Dissociative identity disorder, which apparently stems from years of child abuse. You have no training in treating clients with this disorder. You should:
A. inform your client about your lack of experience in treating dissociative ientify disorder, and let her decide whehter she would like you to treat her for this disorder
B. learn more about this disorder before you make any decisions
C. begin to treat your client for this disorder as long as you are consulting with another therapist who is experienced with this disorder
D. refer her to another therapist who is qualified to treat your client for this disorder
Refer her to another therapist who is qualified to treat your client for this disorder
NOTE:
- Psychologists provide services, teach, and conduct research with populations and in areas only within the boundaries of their compentene, based on their education, training, supervised experience, consultation, study, or professional experience.
- Because you have no training in treating clients wit DID, a referral is indicated
Welfare and Institutes Code Section 15610 states that mandated reporters MUST report all of the following types of elder abuse EXCEPT:
A. abandonment
B. isolation
C. financial abuse
D. emotional abuse
Emotional abuse
Dr. Kuric is a licensed psychologist who serves as the primary supervisor for interns and psychological assistants. Legally, Dr. Kuric is required to complete a minimum of _____hours of supervision coursework every two years.
A. 2
B. 4
C. 6
D. 8
6
NOTE:
Primary supervisors who are licensed by the board shall complete a minimum of (6) hors of supervision coursework every two years
A health provider may release a patient’s protected health information (PHI) for the purpose of clinical research.
A. only with authorization from the patient
B. with authorization from the patient or the approval of an Institutional Review Board or Privacy Board
C. when the potential value of the research results warrants release of information
D. whenever the research is being conducted by an approved research facility or organization
With authorization from the patient or the approval of an Institutional Review Board or Privacy Board
NOTE:
- The requirements of HIPAA’s Privacy Rule and California Civil Code section are inconsistent with regard to the release of information for research purposes
- HIPAA pre-empts California law because they are more stringent (i.e. they provide the client with greater privacy protection)
- According to HIPAA Privacy rule, a pt’s PHI can be released without authorization from the patient for research purposes when:
- approval to do so has been granted by an Institutional Review Board or Privacy Board
- the patient is deceased
- a limited data set that excludes direct identifiers is provided under a date use agreement between the health provider and researcher
A psychologist goes to her child’s play at school. While sitting in the audience, she sees a parent strike his child, bloodying the child’s nose. If the psychologist reports child abuse to CPS, the psychologist is:
A. covered from both civil and criminal liability
B. covered from both criminal liability but not from civil liability
C. covered from civil liability but not from criminal liability
D. not covered from either civil or criminal liability
Covered from both civil and criminal liability
NOTE:
- Mandated reporters have immunity from criminal and civil liability for any report required or authorized under the Child abuse reporting law
- This immunity applies even though the knowledge or reasonable suspicion of abuse was acquired outside his or her professional capacity or outside the scope of his or her employment
- If a mandated reporter is sued for making a report, he or she may be able to receive compensation for legal fees incurred in defending against the action
During a therapy session with Bobby B., age 8, you learn that the bruises on his arms were ausd by a 6th grader at his school. Bobby tells you that this student has hit him, grabbed and twisted his arms, and knocked him down several times. Bobby says he tries to run away from the student whenever he sees him on the playground but sometimes gets caught by him. Which of the following best describes your responsibility in this situation?
A. you must make a child abuse report to the county welfare department or other designated authority
B. you do not have to make a child abuse report since Bobby’s injuries are the result of a “mutual affray between minors”
C. you do not have to make a child abuse report since the perpetrator is a minor
D. you do not have to make a child abuse report since the perpetrator is a child but should contact the school principal or Bobby’s teacher
You must make a child abuse report to the county welfare department or other designated authority
NOTE:
- Bobby’s injuries suggest that he is being physically abused by the other student and psychologists must make a report of child abuse when, in their professional capacity, they know or reasonably suspect that a child has been the victim of abuse
- Mandated reported are not required to report injury resulting from “mutual affray between minors.” However, the information provided in this question indicates that Bobby’s injuries are NOT the result of mutual fights between him and other other student by that the other student is always the aggressor
An 84-year old man who you have been working with is taken to the Emergency room at the hospital. The Emergency Medical Technician calls you because she found your card in the patient’s pocket. She requests information about your patient. What should you do?
A. ask the nature of the emergency
B. refuse to give any information
C. maintain confidentiality
D. Give the EMT information related to the emergency
Give the EMT information related to the emergency
NOTE:
- It is unecessary to obtain an authorization when PHI or psychotherapy notes must be disclosed to avert a serious threat to health or safety of the client or other person
As defined in Section 1397.63 of the California Code of Regulations, a three-unit academic semester course is equivalent to ____hours of continuing education credit, while a three-unit academic quarter course is equivalent to ____hours of continuing education credit
A. 20; 15
B. 15; 10
C. 10; 5
D. 8; 4
15; 10
NOTE:
Requirements for continuing education states that one 3-unit academic quarter course is equivalent to 10 hours of CE credit and that one 3-unit semester course is equivalent to 15 hours of CE credit
Health and Safety Code Section 124260 states that a clinical psychologist may provide outpatient mental health services to a 10-year old child without the consent of the child’s parents in which of the following situations?
A. the child presents a danger to him/herself
B. the child understands the consequences of her behavior
C. the child has been victim of incest or child abuse
D. none of the above
None of the above
NOTE:
- California law does NOT permit a clinical psychologist to provide outpatient mental health services to a child under the age of 12 without the consent of the child’s parent or guardian
Which of the following is NOT consistent with legal requirements for psychologists who are the supervisors of psychological assistants or interns?
A. the supervisor must complete six hours of supervision coursework every 2 years
B. the supervisor must be employed by the same facility or agency as the assistant or intern
C. the supervisor must provide assistants and interns with supervision for at least 10% of the total time they work each week
D. the supervisor may delegate supervision of the assistant or intern to another licensed psychologist, licensed clinical social worker, licensed marriage and family therapist, or other qualified mental health professional
The supervisor may delegate supervision of the assistant or intern to another licensed psychologist, licensed clinical social worker, licensed marriage and family therapist, or other qualified mental health professional
NOTE:
PSYCHOLOGICAL ASSISTANTS :
-
primary supervisor
- must be a licensed psychologist who is responsible for providing minimum 1 hour (10%) of direct supervision
-
Delegated supervision
- can be from a qualified licensed psychologists or board certified psychiatrists other than the primary supevisor to whom he/she is registered if the delegated supervisor is also employed within the same organization
PSYCHOLOGICAL INTERNS:
-
primary supervisor
- MUST BE a **licensed psychologist, **
-
_delegated supervisor _
- may be another licensed psychologist, LCSW, LMFT, or other qualified mental health professional
REGISTERED PSYCHOLOGIST:
- shall at ALL TIMES by under the primary supervision of a licensed psychologist
REQUIREMENTS FOR SUPERVISORS OF PSYCHOLOGICAL ASSISTANTS & INTERNS:
- the supervisor must complete six hours of supervision coursework every 2 years
- the supervisor must be employed by the same facility or agency as the assistant or intern
- the supervisor must provide assistants and interns with supervision for at least 10% of the total time they work each week
California law requires that a psychologist renewing his/her license must complete a course in law and ethics. Which of the following best describes this requirement?
A. It applies to each renewal and the course must be at least one hour in length
B. it applies to each renewal and the course must be at least three hours in length
C. it applies to each renewal and no specific hour requirement is specified
D. it applies to the first renewal only and no specific hour requirement is specified
It applies to each renewal and no specific hour requirement is specified
You receive a subpoena duces tectum requesting you to testify at a competency hearing for a former client and to bring certain information from the client’s record. The client terminated therapy with you several years ago and you have not talked to him since then. You should:
A. appear as requested but provide only information relevant to the client’s competence
B. appear as requested only if you are able to contact the client and he gives you permission to do
C. do nothing until you receive an order from the court
D. appear as requested but claim the privilege
Appear as requested but claim the privilege
Dorothy and Ira are divorced parents of a 10-year old girl, Laura. They share joint legal custody. What are their rights regarding mental health care decisions?
A. both parents must consent before treatment may begin
B. Laura must consent before treatment may begin and both parents must assent
C. either parent alone may consent to treatment before treatment begins
D. one of the parents must obtain a court order before treatment may begin
Either parent alone may consent to treatment before treatment begins
NOTE:
- If the parents have joint legal custody, parents share the right and responsibility to make health care decisions for their child
- This means that either parent acting alone may consent to mental health treatment, unless the order of joint legal custody has language to the contrary
You receive a written request from a former client for a copy of his therapy records. Unless you have a lawful reasons for withholding the records, you must respond to the request by sending:
A. a copy or summary of the records within 5 days
B. a copy or summary of the records within 15 days
C. a copy of the records within 7 days
D. a copy of the records within 15 days
A copy of the records within 15 days
NOTE:
- HIPAA requires health providers to provide patients with copies of their records (PHI) when the provider receives a written request for the records and there is no lawful reason for withholding the records
- The 15-day requirement for providing records is established by the Health and Safety code section
- HIPAA’s requirements with regards to the release of a copy (rather than a summary) of the records takes precedence over state law since HIPAA is more stringent in terms of providing patients with access to their records
- The requirement to provide a copy of the records (versus a summary) does NOT apply to psychotherapy notes since HIPAA does NOT require release of psychotherapy notes to patients; it permits providing a COPY or SUMMARY of the records
Which of the following does NOT represent a legal exception to the psychotherapist-patient privilege?
A. the psychotherapist is appointed by the court to evaluate the defendant at the request of the defendant’s attorney so that the attorney can determine the approrpiateness of an insanity plea
B. the services of the psychologist were sought by the patient in order to escape detection after committing a crime
C. the psychotherapist has been asked by the relative of a patient to evaluate the patient for the purpose of determining the patient’s competence
D. the patient is suing the psychotherapist for malpractice
The psychotherapist is appointed by the court to evaluate the defendant at the request of the defendant’s attorney so that the attorney can determine the approrpiateness of an insanity plea
NOTE:
Privilege is NOT waived when a psychotherapist has been appointed by the court to evaluate a defendant at the request of the defendant’s attorney to determine the appropriateness of an insanity defense based on the defendant’s emotional state
PRIVILEGE IS WAIVED IN THE FOLLOWING SITUATIONS:
- the services of the psychologist were sought by the patient in order to escape detection after committing a crime
- the psychotherapist has been asked by the relative of a patient to evaluate the patient for the purpose of determining the patient’s competence
- the patient is suing the psychotherapist for malpractice
Which of the following nondisciplinary actions by the Board of Psychoogy is considered a matter of public information that is provided to consumers upon request?
A. probation
B. educational reviews
C. citation and fine
D. letter of warning
Citation and fine
NOTE:
- Nondisciplinary actions are usually confidential (i.e. not made available to the public)
- An exception is a citation and fine, which is considered a nondisciplinary action but is also public information
- Probation is a disciplinary action
- Educational review and a letter of warning are both nondisciplinary actions that are not considered a matter of public information
Madeline M., age 16, has just terminated therapy with Dr. Brindle, a licensed psychologist. To be consistent with the requirements of Business and Professions Code Section 2919, Dr. Brindle must maintain Madeline’s therapy records for a least ____ years from the date that she reaches 18 years of age.
A. 10
B. 7
C. 5
D. 3
7
The requirements of the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA):
A. always take precedence over state laws
B. take precedence over state laws when the state law provides less privacy protection
C. never take precedence over state law
D. are enforeable only in the absensce of state or other applicable federal laws
Take precedence over state laws when the state law provides less privacy protection
In most circumstances, to renew your psychology license, you must have completed at least _____ hours of qualifying continuing education during the two year period preceding the expiration date of your license.
A. 18
B. 36
C. 42
D. 64
36
California Code of Regulations Section 1397 allows licesned psychologists to advertise their professional services:
A. as long as such advertising does not include testimonials from current or former clients
B. only when there is empirical evidence to support the effectivness of the services offered
C. as long as the advertising does not promote the excessive use of those services
D. ony when an ad is clearly labeled as a “paid advertisment”
As long as the advertising does not promote the excessive use of those services
The administrative assistant at the hospital where you work stops you in the hallway and asks you about difficulties that she is having with her mother. What should you do?
A. Tell the assistant it is inappropriate to approach you with personal issues at work
B. Give her a referral for therapy to discuss her issues about her mother
C. Give advice to the assistant as long as you clarify that you are not creating a therapeutic relationship
D. Suggest to the assistant that she take you to lunch and tell her that you will address her issues with her.
Give advice to the assistant as long as you clarify that you are not creating a therapeutic relationship
Welfare and Insitutions Code Section 5260 allows a person who has been held for 72 hours or 14 days as the result of a mental disorder or impairment due to chronic alcoholism to be held for an additional 14 days when that person:
A. has attempted or threatened suicide
B. is determined to be gravely disabled
C. is a serious danger to others
D. refuses to consent to voluntary treatment
Has attempted or threatened suicide
NOTE:
- At the expiration of the 14 day period of intensive treatment any person, who, as a result of mental disorder or impairment by chronic alcoholism, during the 14 day period or the 72-hour evaluation period, threatened or attempted to take his own life or who was detained for evaluation and treatment because he threatened or attempted to take his own life, may be confined for further intensive treatment pursuant to this article for an additional period not to exceed 14 days
A difficulty posed by the 2004 California extension of the Tarasoff ruling in Ewing v. Goldstein is determining:
A. who should be considered a “family member”
B. who to contact when a client poses a threat to another person
C. what constitutes “danger”
D. which “health care providers” are covered by extension
Who should be considered a “family member”
NOTE:
- California Civil Code Section 43.92 covers a therapist’s duty to protect “where the patient has communicated to the psychotherapist a serious threat of physical violence against a reasonably identifiable victims or victims.”
- Ewing V. Goldstein extended the requirements of this statue to include “immediate family members”
- However, it is unclear who is included as a “family member”
As defined in the APA’s Ethics Code, uninvited in-person solicitation of business by a psychologist is:
A. acceptable as long as the solicitation is not coercive
B. acceptable as long as the person’s “best interests” are of paramount concern
C. acceptable when it involves providing disaster or community outreach services
D. never acceptable
Acceptable when it involves providing disaster or community outreach services
When a psychologist is faced with a conflict between the provisions of HIPAA’s privacy rule and the requirements of state law, he/she should keep in mind that:
A. state laws always preempt HIPAA regulations
B. HIPAA regulations always prempt state laws
C. HIPAA regulations preempt state laws when the regulations provide the client with greater privacy or control over his/her health information
D. HIPAA regulations preempt state laws when the regulations allow the psychologist to best protect the therapist-client relationship
HIPAA regulations preempt state laws when the regulations provide the client with greater privacy or control over his/her health information
There is an exception to the psychotherapist-patient privilege when:
A. the court orders you to evaluate a defendant, upon the request of the defendant’s lawyer in order to provide the lawyer with information needed in order to advise the lawyer whether to enter or withdraw a plea based on insanity
B. the court hires you to evaluate a defendant and the purpose of the evaluation is to help the court or the jury determine the defendant’s competence to stand trial or state of mind at the time of the crime
C. the court orders you to evaluate a defendant, upon the request of the defendant’s lawyer, in order to provide the lawyer with information needed in order to advise the defendant whether to present a defense based on his/her emotional condition
D. privilege is waived in all of these circumstances
The court hires you to evaluate a defendant and the purpose of the evaluation is to help the court or the jury determine the defendant’s competence to stand trial or state of mind at the time of the crime
NOTE:
- When the court hires you to evaluate a defendant, the court is your “client,“and there is no privilege.
- The purpose of the evaluation is to help the court or the jury determine the defendant’s competence to stand trial or state of mind at the time of the crime
- As the psychologist, your job is to gather information for the legal proceeding and then share what you learned
- Before performing the evaluation as the court-appointed psychologist or disussing any clinical information with the patient, you must inform the patient that the information he/she discloses to you will be shared in court
- If you fail to do so, the evalution results CANNOT be submitted in court
NOTE:
- Exception to privilege does NOT apply when the court orders you to evaluate a defendant upon the request of the defendant’s lawyer in order to provide the lawyer with information needed so that he/she may advise the defendant whether to enter or withdraw a plea based on insanity or to present a defense based on his/her emotional condition
- In this situation the purpose of the evaluation is to help the lawyer and defendant plot a legal strategy; privilege is not waived
- This interview is CONFIDENTIAL and you are NOT mandated or permitted to share what you learn with the court, you need the patient’s permission to do so
To serve as the supervisor of a psychological assistant, a supervisor must be:
A. employed at the same agency as the assistant and be availablle to the assistant 100% of the time he/she is accruing supervised professional experience
B. employed at the same agency as the assistant and be available to the assistant at least 50% of the time he/she is accuring supervised professional experience
C. a licensed psychologist and be available on-site to the assistant 100% of the time he/she is accruing supervised professional experience
D. a licensed psychologist, supervise no more than three assistants, and be available to the assistant at least 75% of the time he/she is accruing supervised professional experience
Employed at the same agency as the assistant and be availablle to the assistant 100% of the time he/she is accruing supervised professional experience
Maggie M., age 16 1/2, tells Dr. Little that she started having sexual relations with their 21-year-old boyfriend last week. She says that her boyfriend told her they wouldn’t have sex until she was ready to and, after thinking it over for the past few months, she decided she was ready. In this situation:
A. statutory rape has occurred and Dr. Little is required to file a child abuse report
B. statutory rape has occurred but Dr. Little is not required to file a child abuse report
C. statutory rape has not occurred but Dr. Little is required to file a child abuse report
D. statutory rape has not occurred and Dr. Little is not require to file a child abuse report
Statutory rape has occurred but Dr. Little is not required to file a child abuse report
NOTE:
- Statutory rape (unlawful sexual intercourse) has occurred since Maggie is under age 18.
- However, Dr. Little is not required to file a child abuse report
- because Maggie is age 16 and the sexual act was consensual and noncoercive.
- By having “unlawful sexual intercourse” with a child under age 16 when the perpetrator is age 21 year or older is reportable as child abuse
HIPAA’s Security lists several technical safeguards for protecting electronic PHI (ePHI) from unauthorized release. Encryption is one of these safeguards and is listed as an “addressable” safeguard, which means that a covered entity:
A. is not required to encrypt electronically stored or transmitted PHI when the client has signed a waiver of confidentiality
B. is required to encrypt electronically stored or transmitted PHI only when a breach of client confidentiality has occurred in the past
C. may choose not to encrypt electronically stored or transmitted PHI when it is not reasonable or appropriate to do so
D. must encrypt all electronically stored or transmitted PHI
May choose not to encrypt electronically stored or transmitted PHI when it is not reasonable or appropriate to do so
NOTE:
- HIPAA’s Security rules provides regulations related to the creation, storage, and transmission of PHI in any electronic form (e.g., Internet, email, CD, andcomputer drives) and lists several administrative, physical, and technical safeguards forprotecting electronic PHI from unauthorized release
- These safeguards are either categorized as either:
- “required implemenation” specifications
- “addressable implementation specfications”
- “Required specifications”:
- mandatory
- “Addressable specifications”
- allow a covered entity flexibility when
- (a) it is determined that the specification is not reasonable or appropriate for the covered entity’s environment
- (b) the covered entity documents why the specification is not reasonable or approrpriate and implements an equivalent alternative measure as approrpriate
- allow a covered entity flexibility when
- Implementing “security measures to reduce risks and vulnerabilities to a reasonable and appropriate level” is a required specification”
What are the consequences when a psychologist has failed to report an incident of child abuse?
A. up to 12 months confinement in a county jail; a fine of $1,000; may have license revoked
B. up to 6 months confinement in a county jail; a fine of $1,000 may have license revoked
C. up to 12 months confinement in a county jail; a fine of $1,000; will not have license revoked
D. up to 6 months confinement in a county jail; a fineof $1,000; will not have license revoked
Up to 6 months confinement in a county jail; a fine of $1,000 may have license revoked
Dr. Ambrose Alvarez has been licensed as a psychologist in Canada for 10 years and has applied for licensure in California. He may provide psychological services in California for a period not to exceed _____ calendar days from the time he submitted his application or from the beginning of his residence in California, whichever occurred first.
A. 45
B. 90
C. 120
D. 180
180
NOTE:
- A psychologist certified or licensed in another state or province and who has made the application to the board for a license in his state MAY peform activities and services of a psychological nature without a valid license for a period not to exceed 180 calendar days from the time of submitting his or her application or from the commencement of residency in this state, whichever first occurs
According to the Health Insurance Portability and Accountability Act (HIPAA) of 1996, which of the follow statements is most consistent with the Privacy Rule’s “minimum necessary” requirement?
A. Psychologists should disclose protected health information to the minimum necessary number of people
B. The minimum necessary requirement establishes the number of years that psychologists should maintain their records
C. Psychologists should limit the access, disclosure of, and requests for protected health information to the minimum necessary to accomplish the intended purpose
D. The minimum necessary requirement establishes clear standards for the format and content of psychotherapy notes and records
Psychologists should limit the access, disclosure of, and requests for protected health information to the minimum necessary to accomplish the intended purpose
California Code of Regulations Sections 1397 allows licensed psychologists to advertise their professional services:
A. as long as such advertising does not include testimonials from current or former clients
B. only when there is empirical evidence to support the effectiveness of the services offered
C. as long as such advertising does not promote the excessive use of those services
D. only when an ad is clearly labeled as “paid advertisment”
As long as such advertising does not promote the excessive use of those services
When a client asks for a summary of his or her record (rather than a copy of the entire record), a psychologist must provide the summary within ______ working days after the receipt of the client’s written request unles the record is of “extraordinary length” or treatment of the client was terminated within the last ten days
A. 6
B. 10
C. 15
D. 20
10
NOTE:
- If the health care provider chooses to prepare a summary of the record rather than allowing access to the entire record, he or she shall make the summary of the record available to the client within 10 working days from the date of the patients request
- If more time is needed because the record is of extraordinary length, or because the pt was discharged from a licensed health facility within the last 10 days, the health care provider shall notify the patient of this fact and the date that the summary will be completed
- BUT in NO CASE shall MORE THAN 30 DAYS elapse between the request by the patient and the delivery of the summary
- While California law allows health care providers to provide summaries to clients rather than complete records, HIPAA allows this ONLY when the client agrees to the alternative
According to California law, how long do you have to keep records for a minor after termination of the psychotherapy?
A. 1 year after they turn 18
B. 1 year after they turn 18 but at least 7 years
C. 7 years after they turn 18
D less than 10 years after termination
7 years after they turn 18
You are treating Frank and Jessica who are newlyweds. You have been seeing the couple for four weeks because their marriage is already beginning to unravel. Frank is in the midst of a civil suit that he has brought against the city of San Diego. He would like you to testify in the trial and has signed an appropriate consent. Jessica, however, has refused to sign a consent because she does not want you to disclose anything that was said during their marital therapy. Which of the following is true?
A. There are no restrictions if you testify about Frank and Jessica’s therapy, as long as one of them consents
B. You should attempt to tesitfy about the details specifically related to Frank
C. You should not testify unless you are qualified to serve as an expert witness
D. If you are asked to testify about their marital therapy, you should obtain both of their consents
If you are asked to testify about their marital therapy, you should obtain both of their consents
NOTE:
- Both of clients hold the privilege in this situation
- A waiver of privilege by one of the clients does not affect the right of the other client to claim the privilege even when it relates to the same confidential information
- You need to obtain BOTH consents before disclosing any information
A licensed psychologist receives a written request and authorization from a former therapy client to release her therapy records to the Board of Psychology. If the psychologist fails to or refuses to release the client’s records to the Board within 15 days of receipt of the request without good cause, the psychologist is subject to a fine of _______per day for each day the documents are not produced after the 15th day.
A. $100
B. $500
C. $1,000
D. $5,000
$1,000
NOTE:
- Unless a licensed psychologist can demonstrate good cause for failing to release client record to the Board as requested, he/she is subject to a $1,000 fine for each day the records are not produced after the 15th day following receipt of the request
EC Section 1027: Patient Under 16 is a victim of Crime
- NO PRIVILEGE when the patient is under 16 y.o.
- EX: The psychotherapist has reason to believe that the patient has been a victim of crime
- Psychologist testifies in a court about a 14-year old boy who told her than older teenagers are extorting money from him
- Since the child is under age 16 and the victim of a crime, there is an EXCEPTION TO PRIVILEGE
- The psychologist may disclose information in court necessary to protect the boy from danger
Duty to Protect does NOT apply: 4 situations
- SOMEONE OTHER THAN THE CLIENT IS THE DANGEROUS PARTY
duty to protect ONLY applies when the CLIENT is the dangerous party
- EX: Client says coworker threatened to kill a neighbor, psychologist does not need to report, but can encourage client to make a police report or other appropriate action
2. SOMEONE OTHER THAN FAMILY MEMBER REPORTS CLIENT THREATENED TO HARM SOMEONE - If a third party who is NOT AN IMMEDIATE FAMILY MEMBER of the client tells psychologist that client threatened to harm someone, psychologist doesn’t have duty to protect
3. NO REASONABLY IDENTIFIABLE VICTIM(S) - Duty to protect covers “reasonably identifiable victims”
- This does not mean the psychologist knows the victim’s name
- If clt seems generally dangerous, no identifiable victim, no duty to protect, but may want to hospitalize the patient
4. *_CLIENT THREATENS SUICIDE_*
- Bellah v. Greenson: no duty to protect as defined in Tarasoff decision when a client threatens suicide.
- In that case, Tarasoff covers a third party victim of a psychologist’s client, NOT the client him/herself
When a psychologist has been found to have engaged in sexual misconduct with his or her therapy client, the Board of Psychology will:
A. suspend or revoke the psychologist’s license, depending on the nature or severity of the conduct
B. suspend or revoke the psychologist’s license, depending on whether the psychologist has previously engaged in sexual misconduct
C. suspend the psychologist’s license
D. revoke the psychologist’s license
Revoke the psychologist’s license
NOTE:
- NO MINIMUM PENALTY
- When a finding of sexual misconduct occurs, revocation or surrender of license/registration and/or **denial of an application for license or registration ** MUST be the penalty ordered
- Sexual misconduct includes sexual assault, exploitation and sexual relations with a therapy client or former therapy client within 2 years following termination of therapy
Scott S. is being held for a second 14-day hold because he is suicidal. Scott may challenge this hold by:
A. discussing his desire for a release with his psychiatrist
B. having a family member file a request for his release with the facility
C. requesting a Riese hearing
D. requesting a habeas corpus hearing
Requesting a habeas corpus hearing
NOTE:
- Every person detained by certification for intensive treatment shall have a right to a hearing by writ of habeas corpus for his or her release after he or she or any person acting onhis or her behalf has made a request for release to either:
- the person delivering the copy of the notice of certification to the person certified at the time of the delivery to any member of the treatment staff of the facility providing intensive treatment at any time during the period of intensive treatment pursuant to Section 5250, 5260, 5270
- A RIESE HEARING is conducted to determine a person’s capacity to consent to psychotropic medication
The APA’s Ethics Code identified three situations in which is not necessary to obtain an informed consent prior to administering a psychological test. Which of following is NOT one of these three situations?
A. Testing is mandated by law or government regulation
B. Informed consent is implied because testing is routine
C. The purpose of testing is to evaluate competence
D. The test-taker’s anonymity can be maintained
The test-taker’s anonymity can be maintained
NOTE:
In most situations, obtaining an informed consent is necessary before administering a psychological test. However, there are (3) exceptions to informed consent:
- Testing is mandated by law or government regulation
- Informed consent is implied because testing is routine
- The purpose of testing is to evaluate competence
Psychological test Administration:
(3) situations informed consent prior not necessary
- Testing is mandated by law or government regulation
- Informed consent is implied because testing is routine
- The purpose of testing is to evaluate competence
You are working with a dependent adult who tells you that she has been sexualy abused by one of the staff members at the private residential facility where she lives. You report the abuse to the:
A. State Department of Mental Health
B. State Department of Developmental Services
C. director of the facility
D. local ombudsperson or local law enforcement agency
Local ombudsperson or local law enforcement agency
NOTE:
- The appopriate recipient of a report of elder or dependent adult abuse depends on the type of abuse and where it occurred
- For ALL TYPES OF ABUSE EXCEPT PHYSICAL ABUSE, when abuse occurred in a “long-term care facility, except a state mental health hospital or a state developmental center,” a telephone and a written report shall be made to the local ombudsperson or the local law enforcement agency
WIC SECTION 5230: HOLDS
- impaired as a result of ETOH or Drug use
- similar to Section 5150 but applies to individuals who are impaired as the result of alcohol or drug use
- a person may be detained for treatment in a facility for 72-hour treatment and evaluation if upon evaluation, the person is found to be in need of treatment because:
- danger to others, self, gravely disabled bc of chronic alcoholism, narcotic use, use of restricted dangerous drugs
Which of the following describes the penalty for failing to report child abuse or neglect when that failure results in the death or significant bodily injury?
A. a fine up to $1,000 and/or confinement in county jail for up to 6 months
B. a fine up to $5,000 and/or confinment in a county jail for up to 12 months
C. a fine up to $2,500 and /or confinement in a county jail for up to 12 months
D a fine upto $2,500 and/or confinement in a county jail for up to 6 months
A fine up to $5,000 and/or confinment in a county jail for up to 12 months
NOTE:
- Any mandated reporter who willfully fails to report abuse or neglect where that abuse results in death or great bodily injury shall be punished by not more than one year in a county jail, by a fine of not more than $5,000 or by both that fine and imprisonment
_HOLDS FOLLOWING THE INITIAL 14-DAY HOLD (POSTCERTIFICATION HOLD): _
- Gravely disabled
- Upon the completion of the second 14-day period the person may be certified for an additional period of NOT MORE THAN 30 days of intensive treatment if:
- Professional staff find the person remains gravely disabled as as result of a mental disorder or impairment by chronic alcoholism
- Person remains unwilling or unable to accept treatment voluntarily
NOTE:
- An individual under this section has the right to a certification review hearing & habeus corpus hearing
- If the patient remains gravely disabled at the end of the 30-day hold, they may NOT BE INVOLUNTARILY CONFINED ANY LONGER unless a petition for conservatorship has been filed ruing the hold
_HOLDS FOLLOWING THE INITIAL 14-DAY HOLD (POSTCERTIFICATION HOLD): _
- Suicidal behavior
- At the expiration of the initial 14-day hold, a patient who is still suicidal, may be confined for an additional 14-days.
- This hold is NOT RENEWABLE even if the person continues to be suicidal
- Can refer person to voluntary treatment, begin process of appointing a conservator
Liability for Failing to Make a required Child Abuse Report:
Criminal penalities for:
- known or reasonably suspected child abuse/neglect
- willfully fail to report abuse or neglect, resulting in death OR serious bodily injury
- Any mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect is:
- GUILTY OF A MISDEMEANOR
- punishable by up to 6 months of confinement in a county jail
- or by a fine of $1,000
- or BOTH imprisonment & and fine
Failure to report may also lead to CIVIL LIABILITY as well as DISCIPLINARY ACTION by the LICENSING BOARD
- Any mandated reported who WILLFULLY FAILS to REPORT ABUSE or NEGLECT, or IMPEDES, INHIBITS a report abuse or neglect where that abuse or neglect RESULTS IN DEATH/SERIOUS BODILY INJURY:
- 1 year in county jail
- not more than $5,000
Recipients of Elder/Dependent Adult Abuse reporting:
- State mental health hospital
- State developmental center
- Long-term care facility (except State mental hospital)
- Any other location (general)
STATE MENTAL HOSPITAL or STATE DEVELOPMENTAL CENTER:
- investigator of the State Department of State Hospitals
- State Department of Developmental services
- local law enforcement agency
LONG-TERM CARE FACILITY (except State mental hospital):
- local ombudsman
- local law enforcement
GENERALLY:
- Adult Protective Services (APS)
- local law enforcement
Sexual exploitation: Criminal Liability
- Single sexual misconduct, no prior
- Multiple sexual misconduct w/ single victim, no prior
- 2 or more different sexual victims, prior conviction
- 2 or more sexual acts with single victim, prior conviction
- Single sexual misconduct, no prior
-
Multiple* sexual misconduct: *single victim, no prior
- County jail 6 months
- Fine $1,000 or both
- _2 or more different victims_, prior conviction
-
2 or more sexual acts w/ single victim, prior conviction
- County jail: 1 year
- Fine $1,000 or both
- OR State prison: 16 months, 2-3 years
- Fine $10,000 or both
