Maryland Psych Jurisprudence Flashcards

1
Q

“Board”

A

State Board of Examiners of Psychologist

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2
Q

Doctoral degree in psychology

A

Degree received from a program that at the time the degree was awarded:

1- accredited by APA or CPA OR listed by Council for Natonal Register of Health Service Providers in Psychology

2-regional accreditation recognized by the Council for Higher Education Accreditation or CPA

3- meets criteria by Council for National Register of Health Service Providers in Psychology if degree received outside US/Canada, currently accredited but not when the degree award, completed prior to 1981 (US), completed prior to 1988 (Canada), is no longer in existence. (may consider completion of postdoctoral course work in psychology, not to exceed 9 semester hours)

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3
Q

“License”

A

License issued by the Board to practice psychology as a psychologist

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4
Q

Licensed psychologist

A

Individual who meets the following criteria AND is licensed by the board:

1-has a doctoral degree in psychology
2- has at least two years (3250 hours) professional, supervised experience in psychology that is approved by the Board

OR

1- has a doctoral in psychology that is regionally accredited
2- received postdoctoral respecialization certificate from department that had a degree program accredited by APA or CPA and included a minimum of 1750 hours in supervised internship
3- Completed minimum of 1500 hours of postcertification advanced training hours or precertifcation hours of services as a registered psychology associate

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5
Q

What does “practice psychology” mean?

A

To provide to any person any service for compensation involving the application of psychological principles, methods, or procedures for:

i- understanding, predicting, or influencing behavior (principles that relate to learning, perception, motivation, emotions, organizational relationships, interpersonal relationships)

ii- interviewing, counseling, psychotherapy, behavior modification, or hypnosis

iii- constructing, administering, interpreting tests of mental abilities, neuropsychological functioning, aptitude, interests, attitudes, personality characteristics, emotions, or motivations.

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6
Q

“Practice psychology” includes…

A

i- Application of psychological principles/psychological methods in the diagnosis, prevention, treatment, and amelioration of psychological problems, emotional conditions, or mental conditions of individual or groups, AND

ii- use of psychological methods to assist an individual in acquiring greater human effectiveness or to modify feelings, conditions, attitudes, or behavior that is emotionally, intellectually, or socially ineffectual or maladjusted, AND

iii- Use of biofeedback instruments that do not pierce or cut the skin to measure physical and mental functioning.

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7
Q

The body of information derived from a graduate program in psychology, meets prerequisites set by the Board for license, and does NOT amount to the practice of medicine. (Three items)

A

-Psychological methods
-Psychological principles
-Psychological procedures

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8
Q

Registered psychology associate

A

Individual who has a:
1-Master’s degree in clinical, counseling, or school psychology accredited by the Council for Higher Education Accreditation
2- Master’s degree in education with specialization in psychology or counseling psychology accredited by the Council for Higher Education Accreditation
3- Be admitted to candidacy for a doctoral degree in same above mentioned areas accredited by the Council for Higher Education Accreditation after having completed at least 3 years postgraduate education in psychology and passed preliminary doctoral exams
4- Completed a doctoral degree in psychology or education with specialization in psychology or counseling psychology accredited by the Council for Higher Education Accreditation
5- At least a master’s level degree from a program outside of US determined by the Board to be equivalent to 1, 2, and 4

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9
Q

What is a “registration”, issued by the Board?

A

Issued by the Board to practice psychology as a psychology associate

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10
Q

The Board consists of…

A

9 members:
-2 consumer members
-7 licensed psychologist
–at least 2 primarily providing psychological services
–at least 2 primarily teaching, training, or researching psychology

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11
Q

How are psychologist members of the Board appointed?

A

-Appointed by the governor
-On advice of the Secretary and advice and consent of the Senate
-From a list of names submitted by the MD Psychological Association
-Following an open nomination process and balloting process where every licensed psychologist is eligible to vote on which name should be submitted to the Governor

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12
Q

How are consumer members appointed to the Board?

A

The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate.

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13
Q

Psychologist members of the Board shall be (3 things)

A

1- A licensed psychologist who has practiced, taught, or engaged in research in psychology for at least 5 years;
2- A citizen of the US; and
3- A resident of MD.

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14
Q

Each consumer member of the Board…

A

1- Shall be a member of the general public;
2-May not be or ever have been a psychologist or psych associate or in training to become one;
3- May not have a household member who is a psychologist or psych associate or in training to become one;
4- May not participate or ever have participated in a commercial or professional field related to psychology
5- May not have a household member who participates in a commercial or professional field related to psychology; and
6- May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.

(A current member may not have a substantial financial interest in a person regulated by the board, either)

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15
Q

Terms of Board members

A

-Staggered 4 year terms
-A member shall continue to serve until a successor is appointed and qualifies
-A member appointed after a term has begun serves only the rest of the term and until a successor is appointed and qualifies
-Governor shall try to fill a vacancy within 60 days
-A member may not serve more than 2 consecutive full terms

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16
Q

Two reasons a Board member may be removed by the Governor

A

1- For incompetence or misconduct

2- Upon recommendation of the Secretary, if a member has been absent from 2 successive Board meeting without adequate reason

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17
Q

How often does the Board elect a chairman and vice chairman?

A

Annually

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18
Q

How often must the board meet?

A

At least annually

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19
Q

Does a person have immunity from liability for giving information to the Board or otherwise participating in its activities (per 5-717 of Courts and Judicial Proceedings Article)?

A

Yes

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20
Q

What are procedures for notification of and investigating complaints?

A

1-Provide notice to licensee or registrant of complaint filed against them with 120 days of receipt unless-
i- disclosure would prejudice the investigation and licensee is then notified of the determination
ii- disposes of the complaint with 120 days of receipt

2- Notify at least every 3 months the status of any outstanding complaint

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21
Q

State Board of Examiners for Psychologists Fund

A

-Fund shall be funded by fees for issuance and renewal of licenses and the Board’s other services only
-All funds collected shall be paid to the Comptroller of the State
-Is a continuing, nonlapsing fund
-Designee of the Board shall administer the Fund

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22
Q

To practice psychology in MD, a registered psychology associate must be (3 relatedto title and actions):

A

1- Supervised by a licensed psychologist
2- Supervisor is jointly responsible for the provision of psychological services by the registered psych associate
3-Registered psych associate does not use any other title

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23
Q

When may the Board authorize an unlicensed individual to practice psychology?

A

1- The Board find that the circumstances warrant; and
2- The individual is not a resident of this State and Meets the qualifications, other than residence and examination, for a license

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24
Q

Personal requirements to apply for license or registration

A

1- Be of good moral character
2- At least 18 years old
3- Reside or practice, or intend to reside or practice, in MD

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25
Does an applicant have to submit to a criminal history records check?
Yes. (18-302.1)
26
What exams must a applicant for a psychologist license pass?
i- National examination in the practice of psychology (EPPP) ii- State jurisprudence exam
27
What exam must an applicant for a psychology associate registration pass?
State jurisprudence exam
28
"Central Repository"
The Criminal Justice Information System Central Repository of the Dept of Public Safety and Correctional Services
29
Information obtained from the Central Repository under section 18-302.1(e)...
1- Shall be confidential 2- May not be redisseminated 3-Shall be used only for the licensing purpose authorized by this title
30
3 steps to apply for license or registration
1- Submit a verified application (which includes transcript) to the Board on the form required 2- Pay the application fee set by the Board 3-Submit to a criminal history check in accordance with 18-302.1
31
18-304: Opportunities to be examined for licensing/registration
-The Board shall give exams at least once a year at times/place it determines. -Each qualified applicant shall be notified of the time and place -Board shall determine the subjects, scope, form, and passing score for examinations -Board may not limit the number of times exam can be take, so long as reexamination fee is paid
32
How does the Board issue licenses and registrations?
Electronically, unless specific request is made
33
On receipt of the criminal history record information, the Board shall consider (6 things)…
i- age at which the crime was committed, ii- circumstances surrounding the crime, iii- length of time that has passed since the crime, iv- subsequent work history, v- employment and character references, vi- other evidence that demonstrates whether applicant poses a threat to public health or safety
34
Can the Board issue or renew a license/registration if criminal history record not received?
No
35
Length of term of license or registration
2 years
36
When and how will the Board send renewal notice of license or registration?
When- at least 90 days before. How- last known electronic address (if returned or at request of licensee/registrant, first-class mail to the last known address).
37
Renewal notices for license/registration shall include:
1- Date on which the current license/registration expires 2- Date by which renewal application must be received for the renewal to be issued and mailed before expiration 3- The amount of the renewal fee
38
By how many days after a licensee's/registrants address or e-mail change must the Board be notified?
30 days
39
When was the regulation for the criminal history records checks of current licensees/registrants updated?
March 2019
40
Additional crinimal history records checks shall be performed...
-6 years after a renewal applicant submitted to a check -Every 6 years after initial renewal check
41
What is needed for a licensee to go on inactive status?
1- An application for inactive status on designated form. 2- Pays the inactive status fee
42
What is needed to return from inactive status?
1- Complies with renewal requirements at the time individual changes from inactive to active. 2- Meets the continuing education requirements set by the Board
43
Board shall reinstate a license or registration if failure to renew IF...
1- Meets the renewal requirement of 18-309 2- Pays a reinstatement fee set by the Board 3- Applies for reinstatement within 5 years of expiration
44
How to re-qualify if license/registration expired for more than 5 years?
Meet the current requirements for obtaining a new license/registration
45
What is the purpose of the code of ethics for psychologist and psychology associates?
To protect the public interst
46
What shall the Board consider when adopting the code of ethics?
1- Ethical standards of psychologists published by APA 2- Professional character of psychological services
47
Can a licensed psychologist/registered psychology associate surrender license/registration while under investigation or there are pending charges against the individual?
Only if the Board accepts the surrender.
48
Reasons the Board, on the affirmative vote of the majority, may deny license/registration, reprimand, place on probation, or suspend/revoke license/registration can be found where?
18-313 (1) to (22) Maryland Psychologists Act
49
Instead of suspending license/registration OR in addition to suspending/revoking, the Board may...
Impose a monetary penalty not exceeding $10,000
50
Penalties collected by the Board go to...
The General Fund of the State
51
In being given a license/registration, as related to investigation, the individual is deemed to have consented to...
1- Consented to submit to an examination if requested by the Board if reason to believe harm may be caused to persons while investigating an allegation; and 2- Waived any claim of privilege as to the testimony or examination reports of the examining psychologist or physician ## Footnote 13-314(b)
52
Before the Board enacts any reprimand, sanction, penalty, the individual against who action is contemplated is entitled to a hearing in accordance with which act?
Administrative Procedure Act
53
Requirements for how a hearing notice is to be served (3 things)
1- Served personally or by certified mail, return receipt requested, bearing a USPS postmark 2- To the last known address of the individual 3- At least 10 days before the hearing
54
Does the individual have right to counsel at a hearing?
Yes
55
Under signature of an officer or administrator of the Board, the Board may...
...issue subpoenas and administer oaths in connection with any investigation.
56
If an individual disobeys a subpoena from or order by the Board to take an oath, testify, or answer a question, what can the Board do?
On petition of the Board, a court of competent jurisdiction may compel compliance with the subpoena.
57
Can a hearing of charges be stayed or challenged by any procedural defects alleged to have occurred before the filing of charges?
No
58
What happens if the individual against whom an action is contemplated fails or refuses to appear?
The Board may hear and determine the matter.
59
If aggrieved by a final decision of the Board, what can the individual do?
Any person aggrieved by the final decision of the Board may petition for judicial review as allowed by the Administrative Procedure Act.
60
What may not be stayed by pending judicial review?
A decision of the Board to deny a license or registration, enforce a suspension of a license or registration for more than 1 year, or revoke a license or registration.
61
As related to licensing/registration, with sufficient reason AND on the affirmative vote of a majority of its members then serving, the Board may...
1- Reinstate a license/registration that has been revoked 2- Reduce the period of a suspension 3- Withdraw a reprimand ## Footnote MD Psych Act 18-317
62
An action to enjoin the unauthorized practice of psychology or conduct that is a ground of disciplinary action can be brought by...
1- The Board, 2-The Attorney General, in the name of the State, OR 3- A State's Attorney, in the name of the State.
63
An action under this section shall be brought in the county where the defendant...
1- Resides, OR 2- Engages in the acts sought to be enjoined
64
Is proof of actual damage or that damage will be sustained if injunction is not granted required?
No, proof is not required under 18-317.1
65
"Psychologist Rehabilitation Committee"
1- Committee of the Board or MPA that is recognized by the Board and includes, but is not limited to psychologists 2- May function solely for the board or jointly representing another board(s) 3- Purpose: evaluates and provides assistance to any psychologist/indivdiual regulated by the Board, in need of treatment/rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical/emotional/mental condition
66
What does "This Compact" refer to?
Psychology Interjurisdictional Compact, or PsyPact
67
What is the intention of PsyPact?
1- Regulate the day-to-day practice of telepsychology of psychologists across state boundaries 2- Regulate the temporary in-person, face-to-face practice of psychology by psychologist across state boundaries for 30 days within a calendar year 3- Authorize state psychological regulatory authoritories to afford legal recognition to psychologists licensed in another state
68
To what does PsyPact not apply?
1- When a psychologist is licensed in both the home and receiving states 2- To permanent, in-person, face-to-face practice but does allow for temporary authorization to practice
69
Purposes/Objectives of PsyPact (6 things)
1- Increase public access to professional psychological services 2-Enhance states' ability to protect the public's/client's/patient's health and safety 3- Encourage the cooperation of compact states in the areas of psychology licensure and regulation 4- Facilitate exchange of information between compact states regarding psych licensure, adverse action, and disciplinary history 5- Promote compliance with laws governing psych practice in each compact state 6- Invest all compact states with the authority to hold licensed psych accountable through mutual recognition of compact state licenses
70
Regulation/Article Number of PsyPact Definitions
18-3A-01 Article II
71
ASPPB
Association of State and Provincial Psychology Boards
72
E. Passport
Certificate issued by ASPPB to standardize criteria for interjurisdictional telepsychology practice
73
Interjurisdictonal Practice Certificate, or IPC
Certificate issued by ASPPB that grants temporary authority to practice based on notification to the state psychology regulatory authority of intention to practice temporarily and verification of one's qualifications for such practice
74
18-3A-01, Article IV
Compact Privilege to Practice Telepsychology
75
18-3A-01, Article V
Compact Temporary Authorization to Practice
76
Can a psychology associate of MD obtain E. Passport or IPC for PsyPact?
No- must have a current, full, unrestricted license to practice in home state which is a compact state
77
18-3A-01 Article X
Establishment of the Psychology Interjurisdictional Compact Commission
78
Psychology Interjurisdictional Compact Commission
Joint public agency created and established by the compact states
79
18-3A-01, Article XI
PsyPact Rulemaking
80
Who is authorized/permitted to use the words "psychological," "psychologist," and "psychology" in title or service description?
A person authorized to practice psychology under this title. ## Footnote Health Occupations 18-101 to 502
81
Criminal consequence of violating any provision of Title 18, Subtitle 4 (Prohibited Acts - practicing without license/registration; misrepresentation as a psychologist)
Guilt of a misdemeanor and on conviction is subject to: -Fine not exceeding $10,000 OR -Imprisonment in jail not exceeding 1 year OR -Both
82
Additional consequence of violating 18-401 (practicing without a license/registration) of Title 18, Subtitle 4 (Prohibited Acts)
Subject to a civil fine of not more than $50,000 to be assessed by the Board in accordance with regulations adopted by the Board. Any penalties collected under this subsection is payed to the Fund.
83
Health Occupations Title 18
"Maryland Psychologists Act"
84
COMAR 10.36
Code of MD Administrative Regulations, Title 10 Maryland Dept of Health, Subtitle 36 Board of Examiners of Psychologists
85
"Activities and services"
Performing the psychological activities or services that are required training for completing the program in psychology.
86
“Criminal history records check”
The performance of both a State criminal history check by the Central Repository and a national criminal history check by the Federal Bureau of Investigation. Includes information regarding an applicant's: -arrests -charges -convictions -disposition of other pending criminal charges
87
"Fellow"
Individual who has obtained doctoral degree is psychology, or completed all academic course requirements, and is gaining additional training/experience in a postdoctoral training program in psychology. Includes the term "resident."
88
"Intern"
a- Matriculated in a doctoral degree program in psychology b- Fulfilling program requirements by completing a predoctoral internship training program in psychology
89
"Practice-oriented Program"
A clinical, counseling, or school psychology program, or a combination thereof, or a respecialization program
90
"Student"
a- Matriculated in a master's or doctoral degree program in psychology b- Fulfilling program requirements by gaining field or practicum experience
91
"Supervised course of study"
An organized post-baccalaureate program in psychology with identified faculty and training objectives
92
A complete application for licensure
1- Includes answers to application questions, documentation of supervised professional experience, attestations of supervised professional experience submitted to the Board by the persons providing the references, official transcripts of all post-baccalaureate studies submitted to the Board by the educational institutions, EPPP score, criminal records check 2- Submitted to the Board and notarized 3- Accompanied by the required nonrefundable application fee via personal check, cashier's check or money order 4- If nonresident or not employed in MD, submit a statement to show the reasons for seeking licensure in MD
93
A complete application for registration
1- Includes application, official transcripts of all studies submitted to the Board, criminal history record check reports are received by the Board 2- Accompanied by the required nonrefundable application fee via personal check, cashier's check, or money order
94
Within how many days shall the Board notify an applicant of missing required documents?
Nor more than 15 business days after receipt of the application
95
When is an application terminated? (2 reasons)
1- Application has not been completed with 1 year of the date the application is submitted. 2- The applicant fails either the EPPP, if applicable, or the Maryland examination.
96
How can an applicant appeal a rejection of application for licensure/registration?
By notifying the Board in writing, by certified mail, within 60 days of receipt of the Board's decision and by: 1- Submitting new or additional evidence to verify or clarify qualifications; or 2- Requesting an informal hearing before the Board
97
Who can apply for licensure on an abbreviated application?
Psychologist who holds an active license to practice psychology in good standing in another state and is certified by the ABPP or credentialed as a Health Service Psychologist by the National Register of Health Service Psychologists.
98
Abbreviated application includes (5 items):
a- Proof of good standing as a licensed psychologist in another state b- Proof of certification by the ABPP or credentialing as an HSP by the National Register of Health Service Psychologists c- Passing score on the MD Jurisprudence Exam d- Criminal history records check e- Required nonrefundable application fee
99
10.36.01.03 - Education Required for Licensure/Registration
A- Applicant for licensure shall have doctoral degree as defined in Health Occupations Article 18-101(c), Annotated Code of MD B- Applicant for registration as a psychology associate shall meet the educational requirement as defined in Health Occupations Article, 18-302(g), Annotated Code of MD
100
Hours of Supervised Professional Experience required for licensure
2 years, consisting of a minimum of 3250 hours
101
COMAR 10.36.01.04
Professional Supervised Experience Required for Licensure - General
102
COMAR 10.36.07.03
Regulation under which psychology associates accruing supervised professional experience toward licensure shall receive required amount of supervision
103
Supervised Professional Experience - Programs That Are Not Practice-Oriented
May be accrued in professional work in psychology using methods, principles, and procedures of psychology including (but not limited to): Teaching, Research, and I/O consultation
104
Supervised Professional Experience - Practice-Oriented Programs: through which experiences may hours be accrued?
Pre-internship, Internship, Pre-doctoral post-internship, or Post-doctoral experiences
105
Pre-internship and pre-doctoral post-internship experience allowances
1- Up to 1500 hours toward the supervised professional experience 2- Occurs following completion of the first year of the doctoral program
106
Supervision required for pre-internship and pre-doctoral post-internship experience
Every 20 hours of experience shall include: a- At least 2 hours of regularly scheduled, formal, face-to-face individual supervision b- At least 2 hours of other learning activities (case conferences, seminars on applied issues, conducting co-therapy with a staff person including discussion of the case, or group supervision)
107
Internship experiences shall:
-Consistent of minimum 1750 hours -Be completed in 24 months -Be accredited by APA or CPA -A member program of APPIC -Part of an academic program approved or designated by APA, CPA, ASPPB/National Register AND includes an internship that is approved by the program's academic training director as meeting criteria for internship
108
Hour requirements related to Post-Doctoral Supervised Professional Experience - Practice-Oriented Programs
1- Maximum of 1500 hours may be obtained this way 2- Shall be completed if applicant does not have 3250 pre-doctoral supervised experience
109
What is included in COMAR 10.36.01.04-03 (Post-Doctoral Supervised Professional Experience - General)?
Description of supervision-to-experience hours, titles to use, documentation required, etc.
110
Which regulation describes Post-Doctoral Supervised Professional Experience as a Registered Psychology Associate?
COMAR 10.36.01.04-04
111
EPPP Passing Score
Scaled score 500 on or after January 1, 2002 (73% before)
112
MD Exam Passing Score
75%
113
Exceptions to Licensure
A- Student/intern/fellow may qualify for an exception to licensure while performing the activties and services of a supervised course of study in psychology (COMAR 10.36.01.07 (1) to (4) B- Limited Practice Reciprocity
114
How often must a license/registration be renewed? When does it expire?
Every two years Expires March 31st, unless renewed
115
License/Registration Expiration
A license automatically expires when the psychologist fails to meet the renewal requirements by March 31
116
Inactive Status
Psychologist in good standing may request inactive status for 2 years upon notification to the Board and payment of the required fee.
117
Length of inactive status
2 years, plus 2 year extension with payment of inactive status fee
118
License of inactive status may be reinstated by (4 things)
a- completing an application for renewal b- paying the renewal fee c- verifying that CE requirements have been satisfied as set in COMAR 10.36.02 d- submitting to criminal history record check if on inactive status for 1 year or more
119
When may the Board consider a petition for reinstatement of a licesnse/registration to practice psychology that has been revoked?
After 5 years have passed from the date of revocation
120
Minimum number of Board meetings per year
6
121
Annual Report of the Board
-Submitted to Secretary of Health -Includes: summary of the more important actions of the Board, relevant statistical and fiscal data, summary of concerns or anticipated future changes in the course of action of the Board
122
Who may petition the Board in writing for an interpretation of Health Occupations Article Title 18, Annotated Code of MD and COMAR 10.36.01 - 10.36.07?
Any person. A copy of the Board's interpretation or decision shall be mailed to the petitioner.
123
"Activity"
Any authoring, editing, learning, presenting, program developing, reviewing, or teaching which meets the objectives of continuing education
124
"Approved Program" related to CEs
Activity by an authorized sponsor
125
"Authorized sponsor"
An individual or organization whose program are accepted by the Board as continuing education activity
126
"Continuing Education" or CE
a- Professional activities beyond that required for licensure/registration b- Relevant to psychological practice, education, or science c- Enable psychologist/psych associates to keep pace with emerging issues and technology d- Allow psychologist/psych associates to develop, maintain, and increase competencies in order to improve services to the public and enhance contributions to the profession.
127
CE hour
Approximately 1 hour of continuing education activity, unless stated otherwise in 10.36.02.04
128
"Course"
An activity: i- With 1+ instructors who are experts in the topic and impart knowledge or professional skills by a systematic presentation to participants; ii- That may be offered in person or in real time through electronic means; and, iii- Allows for interaction between the leader and the participants or among the participants. Includes: seminars, symposiums, and workshops
129
"Independent study"
An activity requiring the study of print or electronic materials offered by approved sponsors approved for CE for independent or home study that is not a course.
130
"Peer consultation group"
A group of psychologists that meets in person, in a structured and organized manner, and discusses the clinical practice of psychology in order to broaden professional knowledge and expertise.
131
"Reporting period"
A 2-year period beginning on April 1 during which completion of a minimum number of CE hours is required to renew a license or registration by March 31 following the reporting period.
132
Four objectives of CEs
1- Maintain professional competency 2- Increase professional skills and knowledge 3- Prepare for new roles or responsibilities in the practice of psychology 4- Expands the science of psychological theory, method, or practice
133
CE may not include:
1- Business meetings 2- Professional committee meetings 3- Presentation and publications primarily intended for a lay audience
134
Psychologist CE requirements for single reporting period (minimum/maximums)
A minimum of 40 CE hours with a: 1- Maximum of 20 CE hours in independent study 2- Minimum of 3 CE hours in the following content areas: a- laws pertaining to the practice of psychology, ethics/professional conduct in the practice of psychology; OR managing risks associated with the practice of psychology 3- Minimum of CE hours in activities designed to enhance competence in the provision of psychological services to culturally diverse populations 4- If the psychologist supervised psychology associates during the reporting period, minimum of 3 CE hours in activities designed to enhance competence in the provision of clinical supervision.
135
Psychology Associate CE requirements for single reporting period (total, max limitation, minimum requirements)
A minimum of 20 CE hours during each reporting period with a: 1- Maximum of 10 Ce hours in independent study; 2- Minimum of 3 CE hours in the following content areas: a- laws pertaining to the practice of psychology, ethics/professional conduct in the practice of psychology; OR managing risks associated with the practice of psychology 3- Minimum of CE hours in activities designed to enhance competence in the provision of psychological services to culturally diverse populations
136
License/registration number ending in an odd digit
Reporting period ends March 31 of odd years
137
License/registration number ending in an even digit or 0
Reporting period ends March 31 of even years
138
If less than 12 months before the end of their reporting period when receiving initial license/registration, are CE hours required?
No
139
For psychologists- if more than 12 months before the end of their reporting period when receiving initial license, are CE hours required?
Yes, 20 CE hours are required.
140
For psychology associates- if more than 12 months before the end of their reporting period when receiving initial registration, are CE hours required?
Yes, 10 CE hours
141
Date by when psychologists/psych associates will be notified is selected for CE audit
March 1
142
How soon will a psychologist/psych associate selected for CE audit provide the information?
Within 10 days
143
What information is required to be provided for a CE audit?
a- Proof of completion of continuing education activities; b- A completed continuing education reporting form; and c- Any additional info that may be requested by the Board
144
Proof of completion of CE activity includes
a- Certificates of attendance b-Transcripts or course syllabi c- Reprints of publications d- Test results e- Any other proof of completion acceptable to the board
145
To earn CE credits for independent study, a psychologist/psych associate shall:
a- Pass an examination on the activity; and b- Be awarded a certificate of completion
146
Total number of CE hours allowed for scholarly activities in 2-year reporting period
Psychologists: 30 hours Psych Associates: 15 hours
147
Who gets CE hours if activity has more than one author/presenter?
First 3 authors
148
Max CE hours for publication by the author(s) of a book during the year of publication
Psychologist: 20 hours Psych Associate: 10 hours
149
Max CE hours for serving as the editor of a book, author of a book chapter, or author of a scientific peer-reviewed journal article
Psychologist: 15 hours Psych Associate: 8 hours
150
Max CE hours for service by the editor or associate editor of a peer-reviewed scientific journal
Psychologist: 15 hours Psych Associate: 8 hours
151
Max hours for service as an editorial board member of a peer-reviewed scientific journal
Psychologist: 15 hours Psych Associate: 8 hours
152
Max hours for presentation of first offering of scholarly papers or courses for an authorized sponsor
Psychologist: 15 hours Psych Associate: 9 hours (3 CE hours may be earned for each hour of presentation)
153
Max hours of developing and presenting a scholarly poster
Psychologist: 15 hours Psych Associates: 9 hours (3 CE hours per poster)
154
Who can earn CE for a peer consultation group?
Licensed psychologist
155
Hours earned for participation in a peer consultation group during 2-year reporting period
-1 CE for 7 to 13 hours -2 CE for 14 to 20 hours -3 CE for 21 to 27 hours -4 CE for 28+ hours 4 CE hours is the maximum
156
Which organizations and their approved CE sponsored are authorized for CE by the Board? (8)
A- American Psychological Association B- Association for Psychological Science C- American Medical Association D- National Association of Social Workers E- National Association of School Psychologists F- Maryland Department of Health (MDH) G- National Institutes of Health H- Accredited academic institutions
157
If psychologist/psych associate does not complete required CE in reporting period OR did not fulfill audit requirements within 30 days, the Board shall...
...deny a renewal application. (Board to notify by certified mail)
158
To request a hearing on the denial of renewal application, the request shall be:
1- In writing 2- Received by the Board within 30 days of notification of denial
159
Reactivation of license from inactive status (less than one year left in reporting period vs. more than one year left)
Less than one year remaining in reporting period: a- Documentation of at least 20 CE hours (no more than 10 independent/home study), b- Pay renewal. More than 1 year remaining in reporting period: a- Documentation of at least 20 CE hours (no more than 10 independent/home study), b- Complete remaining 20 CE hours by end of the reporting period (no more than 10 independent/home study), c- Pay renewal fee
160
Application for reinstatement of license or registration 5 years or less from expiration
Provide appropriate level of CEs and pay reinstatement and renewal fees
161
Process to reinstate expired license/registration of more than 5 years (and did not make application for inactive status is psychologist)
Reapply for licensure/registration
162
From whom and how a Licensee, Registrant, or Applicant shall receive written notice of hearings :
Sent by the Chairman of the Board at least 30 days before the hearing. Notice will include date, time, and place of hearing, as well as issues or charge involved in the proceedings.
163
Do parties in interest appearing before the Board at a formal contested case hearing have the right to appear with counsel?
Yes- they have the right to appear in person, alone, or by or with counsel.
164
A case resolution conference may be used to:
Attempt to settle the case.
165
Prehearing conference may be used to prepare for the hearing by (4 items):
a- Delineating the issues b- Stipulating to facts, laws, and other matters, c- Arranging a schedule, and d- Arranging for the submission of names of witnesses to be called and the subject matter of testimony to be presented in the hearing
166
Discovery on Request
By written request served on the other party and filed with the Board or the Office of Administrative Hearings, a party may require another party to produce, within 15 days: 1- A list of witnesses to be called, 2- Copies of documents intended to be produced at the hearing, OR 3- Both
167
Mandatory Discovery
Each party shall provide to the other party not later than 15 days before the prehearing conference, if scheduled, or 45 days before the scheduled hearing date, whichever is earlier: a- The name and CV of any expert witnesses that will testify at the hearing b- Detailed written report summarizing the expert's testimony, which includes the opinion offered and the factual basis and reasons underlying the opinion
168
Witnesses or documents may not be added to lists:
1- After the prehearing conference (is scheduled) 2- Later than 15 days before the hearing, if no prehearing conference (Absent unforeseen circumstances)
169
Timeline for filing motions before hearings:
All motions accompanied by memorandum of points and authorities- at least 15 working days before the hearing. Responses to motions filed with the Board at least 10 working days before the hearing. Board may entertain motions on the day of the hearing, at its discretion
170
Regulation for Conduct of the Hearing
10.36.03.05
171
10.36.04.00 (Expungement of Board Records)
Repealed March 13, 1995
172
"Client"
Individual, couple, family, group, business, agency, school, organization, or association that a psychologist/psych associate provides, or has provided, with professional services
173
"Multiple relationship"
Individual concurrently participating in two or more roles with another
174
"Public Statement"
Any oral, printed, or electronic communication or announcement made by or on behalf of a psychologist, psychology associate, or applicant, and directed to another individual or group
175
"Sexual intimacies"
Acts engaged in with or without clothing involving: a-Genital contact; b-Nongenital contact with hips, loin, thigh, buttocks, or breasts; c- Exposure or observation of genitals or nude portions of a body involving breasts, buttocks, or genitals; d- Other behaviors engaged in for the purpose of sexual arousal or sexual gratification
176
Who is responsible for a psychology associate's professional decisions and professional actions?
Psychologist and psychology associate are jointly responsible
177
Time frame to notify board license/certificate/permit/registration by another authority for practice of psychology has been limited/restricted/suspended/revoked/subjected to other disciplinary action
Within 60 days (in writing)
178
A psychologist or psychology associate may not interfere with Board proceedings, including:
a- Knowingly/willfully mess with medical record or billing record or other inforamtion about a patient in an effort to conceal inforamtion from use as evidence in an administrative, civil, or ciminal proceeding b- Intimidate or influence an individual to withhold or change testimony in hearings or proceedings c- Hinder, prevent, or otherwise delay an individual from making information available to the Board d- Take credit for work the psychologist/psych associated has not actually performed or supervised
179
To maintain "professional competence" a psychologist or psych associate shall (7 things):
1- Limit practice to areas of competence by which proficiency has been gained through education/training/experience. 2- Acquire the special education and training needed to address cultural difference of special populations. 3- Avoid unfair discrimination on age, gender, race, ethnicity, culture, national origin, disability, socioeconomic status, or other basis proscribed by law. 4- Use interventions and assessment techniques only when the psychologist or psych associate knows that the circumstances are appropriate applications of those interventions/techniques, supported by reliability, validation, standardization, and outcome studies. 5- Maintain competence by meeting requirements of continuing education 6- Engage in ongoing consultation with other psychologist, psychology associates, or relevant professionals and seek appropriate education, training, and education, when developing competence in a new service or technique. 7- Document and maintain appropriate records of professional and scientific work.
180
As related to competence, a psychologist or psych associate may not (as related to ethics- not education):
a- Undertake or continue a professional relationship with a client when the competence or objectivity of the psychologist or psych associate is or could reasonably be expected to be impaired due to: i- mental, emotional, physiological, pharmacological, substance abuse, or personal problems; or, ii- a present or previous familial, social, sexual, emotional, financial, supervisory, political, administrative, or legal relationship with the client or a person associated with or related ot the client, OR b- Engage in other relationships that could limit the psychologist's or psych associate's objectivity or create a conflict of interest or appearance of conflict of interest.
181
Regarding public statements and advertising, a psychologist/psych associate shall (3 things):
a- Represent accurately and objectively one's professional qualification, education, experience, and areas of competence b- Correct others who misrepresent professional qualification or affiliations c- Identify a paid advertisement as such
182
As related to public statements and advertising, a psychologist/psych associate may not:
a- Misrepresent, directly or by implication, the affiliations or the purposes or characteristics of institutions and organizations with which one is affiliated b- Claim organizational membership in a manner that suggests specialized competence or qualifications that one does not have c- Make public statements that contain: i- false/fraudulent/misleading/deceptive statements; ii- partial disclosures or relevant facts that misrepresent, mislead, or deceive; iii- statement that create false or unjustified expectations of favorable results d- Solicit business or testimonial endorsements from clients who are vulnerable to undue influence
183
"Informed Consent" - General
a- Obtained using appropriate language understandable to the client b- Vary forms and procedures to ensure client has capicity to consent, been provided with info concerning participation in the activity that might affect willingness to participate (including limits of confidentiality and monetary costs/reimbursements), aware of voluntary nature of participation, given the opportunity to ask questions and receive answers regarding the activity.
184
"Informed Consent" - Research (5 things)
Make clear to the client: a- Nature of participation as well as costs and other obligations to be accepted by research participants b- Purpose and nature of any evaluations, treatment, or educational or training procedure c- All aspects of research including risk/consequences that will reasonably be expected to influence willingness to participate d- Right to withdraw from treatment/research at any time e- Notification that permission shall be given by client/student/research participant before the use of observation or electronic taping, recording, or filming procedures
185
"Informed Consent" - Therapeutic Relationships (6 things)
a- The clarification of reasonable expectations b- Nature and purpose of testing, reports, and consultations c- Limits of confidentiality d- Specific info concerning fees, billing, and electronic services available in the payment of fees e- Psychotherapeutic schedules f- Process and conditions of termination of therapy
186
Regarding administration of Psychological Assessment, a psychologist/psych associate shall (9 things):
a- Perform evals/diagnostic services in a professional relationship when assessment data is indicated by the professional context; 2- Administer psych tests in keeping with accepted standards of practice and avoid use of obsolete measurement techniques; 3- Use appropriate or specialized assessment instruments when working with individuals from special populations; 4- Use appropriate scoring devices, norms, and standards in evaluating test protocols; 5- Select scoring and interpretive programs and services on the basis of evidence of the validity of the programs and procedures; 6- Report the results of assessment procedures by: a- using adequate interpretative aids or explanations, including deficiencies of the assessment norms for the individual assessed and any relevant reservations or qualification which affect the validity/reliability/other interpretation of results, and avoiding misuse of automated interpretive reports 7- Base recommendations or decisions on test results that are reasonably current and not obsolete 8- Supply a manual or other printed material that describes details of assessment when offering the assessment procedure or automated interpretation service to other professionals 9- Release test results only to patients/clients as appropriate
187
Regarding psychological assessment, the psychologist/psych associate may NOT:
1- Release test protocols or raw data to persons not qualified to interpret and use the information appropriately (except as legally required) 2- Encourage or promote use of psych assessment techniques or computerized assessment and interpretation by unqualified persons 3- Reproduce materials or describe psych tests or assessment devices in popular publications, lectures, or public presentation in ways that might compromise their validity
188
As related to client welfare, a psychologist/psych associate shall:
1- Take steps to disclose to all parties involved conflicts of interest that arise in a manner consistent with applicable confidentiality arrangements 2- Make arrangement for another appropirate professional to deal with emergency needs of clients as appropriate during periods of anticipated absences from professional availability
189
As related to exploitation, a psychologist/psych associate may not (5 things):
1- Exploit or harm clients, colleagues, students, research participants, or others 2- Take actions that violate or diminish legal and civil rights of clients or others 3- Exploit the trust and dependency of clients, students, and subordinates 4- Allow personal, social, religious, organizational, financial, or political situations and pressures to lead to a misuse of their influence 5- Enter into a new nonpsychological, nonprofessional relationships with a former client that is considered exploitative dependent on, but not limited to: a- nature/duration/intensity of professional services rendered to the client, b- length of the professional relationships, c- length of time between termination of professional and initiation of nonprofessional relationships, d- mental stability of psychologist/psychology associate and former client, e- circumstances of termination, and f- likelihood of adverse impact on the client.
190
Regarding sexual misconduct, a psychologist/psych associate may not:
1- Engage in sexual intimacies with a current client 2- Engage in sexual intimacies with a former client for at least two years after end of professional services OR if even after two year the sexual relationship is exploitative 3- Engage in sexual intimacies with individuals known to be parents, guardians, spouses, domestic partners, seuxal partners, children, siblings of current client or for at least 2 years after end of pro services 4- Terminate a professional relationship with a client for the purpose of engaging in sexual intimacies with one of the individuals in #3 5- Engage in sexual behavior with a client in the context of a professional evaluation, treatment, procedure, or service to client, regardless of the setting 6- Engage in sexual behavior with a client under the pretext of diagnostic or therapeutic intent or benefit
191
Regarding harassment, a psychologist or psych associate may not:
1- Engage in sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature 2- Engage in sexual harassment of the past or present clients, supervisees, research participants, or employees with deliberate or repeated comments, gestures, or physical contacts of a sexual nature, OR 3- Create a hostile workplace or educational environment by unwelcome and offensive behaviors that are sufficiently sever or intense to be abusive of a reasonable individual, including single or multiple acts
192
As related to children and vulnerable adults, psychologists/psych associates shall:
1- Provide psychological services for minor children or adult who has legal guardians only with appropriate authorization AND 2- Take special care to protect the interests of minors or clients who are unable to give voluntary, informed consent
193
When terminating services:
1- Make or recommend referral to other professional, technical, or administrative resources if the referral is clearly in best interest of client 2- Terminate professoinal relationship in an appropriate manner, notify the client in writing of this termination, and assist the client in obtaining services from another professional if: a- it is reasonably clear the client is not benefiting from the relationship, b- a multiple relationship develops or is discovered, c- impaired competency or objectivity develops or is discovered, d- psychologist/psych associate has been threatened or otherwise endangered by the client/another person with whom the client has a relationship.
194
Regarding confidentiality, a psychologist/psych associate shall (8 things)
1- Maintain confidentiality 2- Discuss requirements and limitations of confidentiality at the beginning of professional relationship or at intake interview 3- Safeguard information obtained in clinical or consulting relationships or evaluative data obtained in the course of practice, teaching, research, or other professional services 4- Release mental health records or other confidential info only as permitted/required by law 5- Obtain written permission for electronic recording of interviews 6- Avoid undue invasion of privacy to ensure written and oral reports contain only data relevant to the purpose of evaluation 7- Treat assessment result or interpretation as confidential 8- Obtain written consent before presenting in any fashion identifying information, and disguise info when case reports or other confidential info are used as a basis for teaching or research
195
Legal and Ethical Limits of Confidentiality - Informing clients (4 things)
1- Clients shall be informed of limits 2- Clients below the age of minority or who have legal guardians shall be informed of limits of confidentiality with respect to communication with the professional in a manner that can be understood at the start of the professional relationship 3- Research participants shall be informed of limits of confidentiality during informed consent 4- Clients shall be informed by duty of the law to inform authorities of abuse and neglect of children and vulnerable adults
196
Regarding record keeping, a psychologist/psych associate shall (6 things):
1- Keep records of patient's condition and assessment results 2- Maintain clinical records of informed consent, presenting problems, diagnosis, fee arrangements, dates and substance of each billed service, original test data with results and other evaluative material, and result of any formal consultations with other professionals 3- Make provision for maintaining confidentiality in storage and disposal of written and electronic records 4- Maintained professional records for period consistent with State and federal laws 5- Limit access to client records and all working in practice comply with requirements of confidentiality of client material 6- Provide evaluations or treatment reports within a reasonable time consistent with state and federal laws when requested by client, insurance carrier, court, institution, or other authorized health provider
197
Licensure/Registration Application Fees
$300/$200
198
EPPP/National Exam Fee
$650
199
State Exam (MD Jurisprudence) Fee
$250
200
Verification of licensure or registration
$20
201
Biennial licensure/registration renewal fee
$400/$300
202
Late Fee
$50
203
Inactive status fee (every 2 years)
$200
204
Reinstatement fee for license/registration
$700/$600
205
Penalty for returned check (fee)
$50
206
Duplicate printing of license/registration (fees)
Wall certificate - $50 Wallet card - $30
207
Temporary Exception to Practice (fee)
$100
208
Roster of licensed psychologist or registered psychology associates (fee)
$150
209
Refunds of fees
Application fees are nonrefundable Exam fees shall be refunded if the request to cancel an exam is received in writing 2 weeks before exam date
210
Maryland Health Care Commission (MHCC) fee
MHCC assesses a fee for health care professionals which the applicant shall pay at the time of license renewal as specified in COMAR 10.25.02
211
"Full-time"
Provision of psychological services through direct client contact at least 26 hours per week
212
"Supervisor" - as related to a registered psychology associate
A psychologist licensed in MD with at least 2 years post-licensure experience who supervises a registered psychology associate
213
Reasons for a supervisor to delegate supervisory responsibility to another
i- Ensure competent supervision of a registered psychology associate in areas outside the area of expertise of the supervisor OR ii- Provide temporary supervision when the supervisor is unavailable
214
Length of "Adequate and appropriate" supervision sessions for full-time provision of psychological service by each registered psych associate shall consist of:
a- One hour or more per week for a registered psychology associate who has earned a doctoral degree in psychology b- Two hours or more per week for a registered psych associate who has been admitted to candidacy for a doctoral degree in clinical/counseling/school psychology or education w/ field of specialization in psychology/counseling psychology and completed at least 3 years post grad in psych and passed preliminary doctoral exams c- Three hours or more per week for all other registered psychology associates
215
Supervision of comprehensive evaluation and testing of a client by a psych associate
1 hours supervision for every 5 hours of evaluation/testing
216
Supervision of a psych associate may be reduced:
a- By one-half for a registered psychology associate who has had 3 years full-time experience, or its equivalent, as a psychology associate b- Proportionately for a psych associate who provides services less than full-time
217
"Adequate and appropriate supervision" for a psych associate shall be:
a- Provided to a psych associate at a face-to-face meeting, which may include videoconferencing, unless granted an exemption by the Board; and b- Exclusive of supervision on administrative issues
218
Conduct quarterly site visits at the location where the registered psych associate is providing services
If a supervisor is not practicing at the same site as the psych associate
219
Responsibilities of a psych associate supervisor (5 things)
1- Shall be available for emergency consultation and direction of a psych associate, and for client management. 2- May supervise a maximum of five psych associates 3- May not engage in supervision that would constitute a multiple relationship 4- Shall take responsibility for all services provided by psych associate 5- Shall comply with additional continuing education requirements for supervisors set forth in COMAR 10.36.02
220
Psych associate shall use this phrase to make personal reference in all promotional materials
"Registered Psychology Associate under the supervision of a licensed psychologist"
221
Representation/Informing of Clients of Psych Associate
1- All clients shall be informed of the supervision arrangement and implications for insurance reimbursement and confidentiality 2- Inform all those billed for service by the psych associate that the psych associate provided services under supervision 3- Psych associate may not engage in or give the appearance of practicing psychology independently of the supervisor
222
Documentation of supervisory sessions shall include:
1- Dates and duration of supervisory sessions 2- Client names or other ID for all cases 3- Outcome of each case reviewed 4- Signatures of both supervisor and psych associate 5- Reason for any delegation of supervisory resposibility
223
How long will supervisory session documentation be kept?
At least 5 years
224
Supervisor and psych associate will co-sign clinical documents including (4 things):
a- Evaluations b-Authorizations for release c-Treatment plans d- Report
225
Documentation of site visits by a supervisor shall be maintained for___ and include:
At least 5 years and will include 1- Date and time of visit 2- Site location 3- Any issues or concerns relating to the registered psych associate's provision of services at the site
226
During renewal, supervisor shall submit to the Board
List of all psych associates supervised including beginning and ending dates for each psych associate 1- supervised during the previous licensure period and 2- currently being supervised
227
During renewal, psych associate shall submit to the Board
Name and license number of any supervisors who provided supervision to the registered psych associate 1- during the previous registration period and 2- during the present registration period
228
COMAR 10.36.08.00
Disciplinary Sanctions, Monetary Penalties, and Civil Fines
229
"Penalty"
Monetary penalty
230
"Sanction"
Formal disciplinary action against a license such as a reprimand, probation, suspension, or revocation
231
Guidelines for Disciplinary Sanctions and Imposition of Penalties (COMAR 10.36.08.04)
Includes 27 violations and recommended minimum sanctions, maximum sanctions, minimum penalties, and maximum penalties If guilty of multiple violations, the higher penalty/sanction shall control
232
Mitigating factors to be considered in the assessment of a sanction (9 factors)
a- lack of prior disciplinary record b-self-reported the violation to the Board c-full and voluntary admissions of misconduct to the Board and cooperation during Board proceedings d-Implementation of remedial measures to correct or mitigate harm arising from the misconduct e- Timely good-faith effort to make restitution or to rectify consequences of misconduct f- Evidence of rehabilitation or rehabilitative potential g- Absence of premeditation to commit the misconduct h- Absence of potential harm to public or adverse impact i- conduct as an isolated incident and not likely to recur
233
Aggravating factors to be considered in the assessment of a sanction (9 things)
a- previous criminal or administrative disciplinary history b-violation committed deliberately or with gross negligence or recklessness c-violation had the potential for, or caused, serious patient or public harm d- part of a pattern of detrimental conduct e- motivated to perform violation for financial gain f- vulnerability of patient(s) g- licensee/registrant lacked insight into wrongfulness of the conduct h- committed violation under guise of treatment i- previous attempts at rehabilitation were unsuccessful
234
Does filing an appeal stay payment of a penalty imposed by the Board under 10.36.08.00?
No, it does not automatically stay payment of a penalty
235
If a licensee/registrant fail to pay, in whole or in part, a penalty imposed by the Board, the Board:
1- May not restore, reinstate, or renew license/registration until penalty has been paid in full 2- May refer all cases of delinquent payment to the Central Collection Unit of the Dept of Budget and Management
236
Civil fine for practicing on an expired license or registration
$100 per day of practice past the expiration date
237
Civil fine for practicing psychology without a license or registration
No less than $5,000 and no more than $50,000, dependent on: a- extent to which financial benefit was derived from unauthorized practice b- willingness of the unauthorized practice c- actual or potential harm caused by the unauthorized practice d- length of time in which the individual engaged in the unauthorized practice
238
"Child"
Individual younger than 18 years old
239
"Child custody evaluation" - Definition
An assessment performed by a psychologist in order to render findings and recommendations regarding custody or visitation that are in the best interest of a child
240
"Child Custody Proceeding"
A proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue
241
To be competent for child custody evaluation, in which areas does a psychologist need education/training/experience/supervision?
1-child and adult development/psychopathology 2- Family dynamics and psychopathology, including impact of divorce 3- MD law governing divorce, child custody proceedings, child abuse/neglect, and family violence 4- Performing psychological assessment of children, adult, and families
242
2 areas assessed during child custody evaluation
a- Parenting skills and capacities of the adults b- The child's psychological functioning and developmental needs
243
Methods to gather data during child custody evaluation include
a- Individually interviewing and assessing each party and each child (if age appropriate) b-Observing the interactions of the child with each parental figure in respective households (whenever possible) c- Additional relevant information such as: third-party interview, medical records, school record, and legal documents
244
Disclaimers to include in child custody evaluations
a- Unavailability of information b- Lack of cooperation of the parties c- Lack of compliance with court orders d- Inconclusive assessment data
245
If psychologist determines there is insufficient information available, can they decline to make recommendations in a child custody evaluation?
Yes
246
"Telepsychology"
Use of interactive audio, video, or other telecommunications or electronic media by a psychologist or psychology associate who engages in the practice of psychology at a location other than the location of the client
247
Telepsychology does not include
i- audio-only telephone conversation between provider and client ii- e-mail message between provider and client iii- fax between provider and client iv- text message or other type of message sent between provider and client by sms or multimedia messaging service
248
Where should client and psychologist/psych associate be located during telepsychology?
Both in MD if provider licensed/registered in MD (and no PsyPact)
249
What must be disclosed during an initial telepsychology interaction?
1- Psychologist's/Psych Associate's name 2- Location 3- License/Registration number 4- Contact information
250
Factors included in Evaluation for Telepsychology Services
1- The client's diagnosis, symptoms, medical/psychological history, and preference for receiving services via telepsychology 2- Nature of services to be provided, including anticipated benefits, risks, and constraints resulting from their delivery via telepsychology Client evaluation shall take place at an initial in-person session, unless documentation in the record as to why could not be in person
251
Outstanding Taxes or Unemployment Insurance Contributions (COMAR 10.31.02.02)
If applicant is delinquent, as noted by the Office of the Comptroller of MD Dept of Labor: 1- Notice will be sent by the Board to renewal applicant identifying the deliquency 2- Applicant for renewal has 30 days to correct or before current license/registration expires correct (whichever is later), submitting verification to the Board If not verification is received, the Board shall deny the renewal license and inform the renewal applicant in writing that the renewal license has been denied
252
If an individiual acts in good faith and is in the scope of the jurisdiction of the Board, are they civilly liable?
No, an individual is not civilly liable for giving information to the Board or participating in its activities
253
"Primary source verification"
A procedure used by a hospital, related institution, or HMO to ensure the truth and accuracy of objective verifiable info by a physician who is applying for practices privileges, entering into contract, or seeking employment with a hospital, related institution, or HMO
254
Does a hospital, related institution, or HMO have to utilize the procedures for a central organization of primary source verification established by the state?
No, Health Occupations Code 14-501 (a)-(d) defines and establishes that a qualified organization can provide this information, but does not prohibit a hospital, related institution, or HMO from using its own primary source verification procedure.
255
Maryland Public Information Act - General right to information
All persons are entitled to have access to information about the affairs of government and official acts of public officials and employees
256
Maryland Public Information Act - Licensing
A custodian shall permit inspection of the part of a public record that gives: i- name of the licensee ii- business address of the licensee (or home address if business not available) iii- business telephone number of the licensee iv- educational and occupational background of the licensee v- professional qualifications of the licensee vi- any orders and findings that result from formal disciplinary actions vii- any evidence provided to the custodian to meet requirements of statute as to financial responsibility
257
Maryland Public Information Act - Examinations
A custodian may deny inspection of test questions, scoring keys, and other examination information that relates to the administration of licenses, employment, or academic matters After examination given and graded, a person in interest may be permitted to inspect the examination and results, but is not permitted to copy or otherwise reproduce the examination
258
Insurance Article - Psychologists: Reimbursement for services
If the policy , contract, certificate for reimbursement for a service within the lawful scope of practice of a licensed psychologist, the insured or any other person covered is entitled to reimbursement for the service whether it was performed by a physician or licensed psychologist
259
"Immediate family member" of a health practitioner
1- Spouse 2- Child 3- Child's spouse 4- Parent 5- Spouse's parent 6- Sibling 7- Sibling's spouse
260
"Referral"
-Any referral of a patient for health care services -Includes: i- Forwarding a patient by one health care practitioner to another, or to a health care entity outside the health care practitioner's office or group practice; OR ii- Request or establishment by a health care practitioner of a plan of care for the provision of health care services outside the health care practitioner's office or group practice
261
Prohibited referrals
1- to a health care entity in which the health care practitioner or practitioner in combo with immediate family owns a beneficial interest 2- Practitioner's immediate family owns a beneficial interest of 3% of greater 3- In which health care practitioner, immediate family, or combination has a compensation arrangement
262
Prior to making a referral, disclosure of a beneficial interest must be made and the health care practitioner shall:
1- Provide a written statement (unless made orally by phone) that i- discloses the existence of the ownership of the beneficial interest or compensation arrangement; ii- States patient may choose to obtain health care service form another health care entity; and iii- Requires patient to acknowledge in writing receipt of the statement (which shall be placed in medical record)
263
A health care practitioner who fails to comply with disclosure of beneficial interests/compensations is:
- Guilty of a misdemeanor - And, on conviction, is subject to a fine not exceeding $5,000.00
264
Liability to payor for services pursuant to prohibited referral
Offender to pay back any direct payments
265
Liability of recipient of health care services for services provided pursuant to prohibited referral
Offender may not submit or resubmit denied claims or bills for services to third-party payor or individual in receipt of service
266
Appeal of Adverse Decisions by Patient's Health Insurance Carrier
1- A member or a health care provider may file a compliant with the Commissioner without first filing with a carrier if sufficient information and supporting documentation demonstrates a compelling reason to do so (the definition of which shall be defined by the Commissioner) 2- A member or health care provider may file complaint with the Commissioner if has not received a grievance decision from the carrier on or before the 30th working day on which the grievance is filed 3- Commissioner shall notify the carrier that is the subject of the complaint within 5 working days after the date the complaint is filed with the Commissioner
267
A patient or the patient's authorized representative has a privilege to refuse to disclose, and to prevent a witness from disclosing (2 things):
1- Communications relating to diagnosis or treatment of the patient 2- Any information that by its nature would show the existence of a medical record of the diagnosis or treatment
268
Six exclusions of privilege
1- Disclosure necessary for purposes of placing patient in a facility for mental illness 2- A judge finds that the patient, after being informed there will be no privilege, makes communications in the course of examination ordered by course and issue at trial involves their mental/emotional disorder 3- In civil or criminal proceedings i- the patient introduced own mental condition as an element of his claim or defense; OR ii- after patient death, mental condition is introduced by any party claiming or defending through or as a beneficiary of the patient 4- Patient, authorized rep, or personal rep makes a claim against the psychiatrist or licensed psychologist for malpractice 5- Related to civil or criminal proceedings under defective delinquency proceedings 6- Patient (or in death/disability authorized or rep) waives privilege of making claim or bringing suit on a policy of insurance on life, health, or physical condition
269
On what may an MD licensed psychologist, qualified as an expert witness, testify?
Ultimate issues, including insanity, competency to stand trial, and matters within the scope of that psychologist's special knowledge, in any case in any court or in any administrative hearing
270
A cause of action or disciplinary action may not arise against any mental health care provider or administrator for failing to predict, warn of, or take precautions to provide protection from a patient's violent behavior unless...
...the mental health care provider or administrator knew of the patient's propensity for violence and patient indicated to the provider/administrator, by speech, conduct, or writing, of the patient's intention to inflict imminent physical injury upon a specified victim or group of victims
271
If mental health care practitioner/administrator becomes aware of patient's imminent propensity for violence duty to commit, treat, or warn is satisfied through what three possible actions:
i- Seek civil commitment of the patient ii- Formulate a diagnostic impression and establish and undertake a documented treatment plan calculated to eliminate the possibility that patient will carry out threat iii- Inform appropirate law enforcement agency and, if feasible, specified victim(s) of: 1- nature of threat, 2- identity of patient making the threat, and 3- identity of the specified victim(s)
272
True or False: No cause of action or disciplinary action may arise under any patient confidentiality act against a mental health care provider or administrator for information disclosed/not disclosed in good faith to third parties in an effort to discharge a duty to commit, treat, or warn
True
273
Conditions under which a minor has the same capacity as an adult to consent to medical treatment
a- Minor is married or is the parent of a child b- In judgment of attending physician life/health of minor would be affected adversely by delaying treatment to obtain consent from another individual c- Treatment for or advice about drug abuse, alcoholism, venereal disease, pregnancy, contraception other than sterilization, physical exam and treatment of injuries from alleged rape/sexual offense, physical exam to obtain evidence of alleged rapes/sexual offense, and initial medical screening/physical exam on and after admission of the minor into a detention center
274
Capacity of a minor to consent to treatment for drug abuse or alcoholism does not include:
capacity to refuse treatment for drug abuse or alcoholism in an inpatient alcohol or drug abuse treatment program for which a parent or guardian has given consent
275
True of False: A physician, psychologist, or an individual under direction of physician or psychologist who treats a minor is NOT liable for civil damages or subject to any criminal or disciplinary penalty solely because the minor did not have capacity to consent under Health - General Article 20-102
True
276
Confidentiality for Minors?
Information may, but need not, be given to a parent, guardian, or custodian of the minor or the spouse of the parent about the treatment needed by the minor or provided to the minor, except information about an abortion
277
Age of consent for a minor to consent to consultation diagnosis, and treatment of mental or emotional disorder by a physician, psychologist, or a clinic
16 (old) OR 12 (2023 legislative session update) - does not include ability to consent for medication if under 16
278
Capacity of a minor to consent to services for a mental or emotional disorder does NOT include:
ability to refuse consultation, diagnosis, or treatment for a mental or emotional disorder for which a parent, guardian, or custodian of the minor has given consent
279
Is the parent/guardian/custodian of a minor liable for costs of consultation, diagnosis, or treatment of a minor if they did not consent to the services?
No
280
"Abuse"
Physical or mental injury of a child by any parent, person providing care/supervision, or family member undercircumstances that indicates the child's health or welfare is harmed or at substantial risk of being harmed; or, sexual abuse of a child whether physical injuries are sustained or not
281
"Central Registry"- as related to child abuse/neglect
Any component of the Department's confidential computerized database that contains info regarding child abuse/neglect investigations (exclusive of local department case file)
282
"Child"
Any individual under the age of 18 years
283
"Educator or human service worker"
Any professional employee of any correctional, public, parochial or private educational, health, juvenile service, social or social service agency, institution, or licensed facility. Includes: teacher, counselor, social worker, caseworker, and any probation or parole officer
284
"Family member"
A relative by blood, adoption, or marriage of a child
285
"Household"
The location: i- in which the child resides, 2- where the abuse or neglect is alleged to have taken place, or 3- where the person suspected of abuse or neglect resides
286
"Household member"
A person who lives with, or is a regular presence in, a home of a child at the time of the alleged abuse or neglect
287
"Identifying information" as related to child abuse/neglect
The name of: 1- child 2- a member of the household of the child 3- a parent or legal guardian of the child OR 4- an individual suspected of being responsible for abuse or neglect of the child
288
"Indicated" as related to child abuse/neglect
A finding there is credible evidence, which has not been satisfactorily refuted, that abuse, neglect, or sexual abuse did occur
289
"Law enforcement agency"
A State, county, or municipal police department, bureau, or agency. Includes: a State, county, or municipal police department or agency; a sheriff's office; a State's Attorney's office; and, the Attorney General's office
290
"Local Department" as related to abuse/neglect
Department that has jurisdiction in the county: 1- where the allegedly abused/neglected child/vulnerable adult lives OR 2- if different, where the abuse/neglect is alleged to have taken place
291
"Mental injury"
The observable, identifiable, and substantial impairment of a child's mental or psychological ability to function
292
"Neglect"
Leaving a child unattended or other failure to give proper care and attention to a child under circumstances that indicate: 1- the child's health or welfare is harmed or placed at substantial risk or harm OR 2- mental injury to the child or substantial risk of mental injury
293
"Report" as related to child abuse/neglect
An allegation of abuse or neglect
294
"Ruled Out" as related to child abuse/neglect
A finding that abuse, neglect, or sexual abuse did not occur
295
"Sexual abuse"
Any act that involves sexual molestation or exploitation of a child by caretaker, or household or family member. Includes: i- incest, rape, or sexual offense in any degree; ii- sodomy; and iii- unnatural or perverted sexual practices
296
"Unsubstantiated"
A finding that there is an insufficient amount of evidence to support a finding of indicated or ruled out.
297
"Mandated reporters" for minors include
Health practitioner, police officer, educator, or human service worker
298
Requirements of mandated reporters
If reason to believe child has been subject to abuse or neglect, shall notify local department/agency and, if appropriate, notify head of organization for which the individual is a staff member
299
Oral and written reports for child abuse/neglect
Oral- as soon as possible to local department Written- within 48 hours of contact/examination/attention/treatment, to local department and copy to local State's Attorney (if suspected subject of abuse)
300
Contents of a report of child abuse/neglect
1- Name, age, home address of the child 2- Name and home address of parent/person responsible for child's care 3- Whereabouts of the child 4- Nature and extent of the abuse or neglect 5- Any other info to determine i- cause of suspected abuse/neglect and ii- identity of any individual responsible for the abuse/neglect
301
Timeline to initiate investigation for physical or sexual abuse
Within 24 hours after receiving report
302
Timeline to initiate investigation for neglect or suspected mental injury
Within 5 days of receiving the report
303
What are the initial actions to be taken by the local department or appropriate law enforcement agency when initiating abuse/neglect investigation? (Not timeline- 4 things)
1- See the child 2- Attempt to have an on-site interview with the child's caretaker 3- Decide on safety of the child, wherever the child is, and of other children in the household 4- Decide on the safety of other children in the care or custody of the alleged abuser
304
An investigation of child abuse/neglect shall determine/include:
1- a determination of the nature, extent, and cause of the abuse or neglect, if any 2- If mental injury suspected, an assessment by two of the following- a licensed physician, licensed psychologist, licensed social worker 3- If abuse/neglect is verified- i- determination of who is responsible for abuse/neglect; ii- determination of name/age/condition of any other children in household; iii- an evaluation of the parents and home environment; iv- determination of any other pertinent facts/matters; v- determination of needed services
305
What are three key aspects of the joint investigation procedure for conducting joint investigations of sexual abuse?
i- include appropriate techniques to expedite validation of sexual abuse complaints ii- include investigation techniques to: 1- decrease potential for physical harm to the child and 2- decrease any trauma experience by the child in the investigation and prosecution of the case iii- establish an ongoing training program for personnel involved in the investigation or prosecution of sexual abuse cases
306
Timelines related to preliminary findings and investigation completion of child abuse/neglect reports
Preliminary findings: reported to local state's attorney within 10 days of first notice of suspected abuse Completion: To the extent possible- investigation shall be completed with 10 days of receipt of first notice. If an investigation is not completed within 30 days it shall be completed within 60 days of receipt of the first notice of suspected abuse/neglect Written report of findings submitted to local state's attorney within 5 days of completion of investigation
307
What are steps for a report of abuse/neglect related to a child residing in MD, but event occurred outside MD?
Local (MD) department shall promptly: forward the report to the appropriate corresponding agency outside of MD, cooperate with the out-of-state agency investigating the report, and if deemed appropriate by local department interview child to determine safety and provide services to child/family
308
Is a psychologist a "professionally qualified person" to make court ordered "study" concerning a child, child's family, child's environement, or other matters relevant to a case?
Yes, in addition to a physician, psychiatrist, or other professional qualified person.
309
Who may apply for placement of a child/adolescent in a private therapeutic group home?
1- Individual 16+ years 2-Parent/Guardian 3- Psychiatrist/Psychologist (with parent/guardian consent) 4- Local Department of Social Services that has guardianship of child/adolescent 5- DOE or local education agency (with consent of parent/guardian) 6- DJS when has custody/guardianship 7- Circuit court when sitting as juvenile court
310
What kind of application is needed to apply for private therapeutic group home?
Formal, written application to the Director and is on form required by the Administration
311
Six qualifications for acceptance into a private therapeutic group home (minor):
1- Under 18 years 2- Has a mental disorder 3- Requires residential services 4- Needs 24 hours supervision 5- Need to receive treatment for mental disorder 6- There is no less restrictive form of treatment
312
Within 60 days of receipt of application for private therapeutic group home for child/adolescent, the Director or county health official shall:
1- Determine if child/adolescent meet requirements for placement 2- If so- i- approve the application and ii- determine the date of placement
313
"Abuse", as related to a vulnerable adult
Sustaining of any physical injury as a result of cruel or inhumane treatment as as a result of a malicious act by any person.
314
"Disabled person", as related to vulnerable adult
Not a minor who is 1- unable to manage property, requires a guardian OR 2- unable to provide for daily needs to protect health/safety, requires a guardian
315
"Exploitation", as related to a vulnerable adult
Any action which involves the misuse of a vulnerable adult's funds, property, or person
316
"Neglect," as related to a vulnerable adult, means
Does mean: willful deprivation of a vulnerable adult of adequate food, clothing, essential medical treatment, or rehabilitative therapy, shelter, or supervision
317
"Neglect," as related to a vulnerable adult, does NOT include
Providing of nonmedical remedial care and treatment for the healing of injury or disease, with the consent of the vulnerable adult, recognized by State law instead of medical treatment
318
"Review board", as related to a vulnerable adult
Adult public guardianship review board
319
Self-neglect
The inability of a vulnerable adult to provide self with the services: 1- that are necessary for own physical and mental health AND 2- the absence of which impairs or threatens their well-being
320
"Vulnerable adult"
An adult who lacks the physical or mental capacity to provide for the adult's daily needs
321
It is the policy of the State that vulnerable adults have access to and be provided:
With needed services for health, safety, and welfare
322
To where does "Duty to Report Abuse, Neglect, Self Neglect, or Exploitation of Vulnerable Adults" not apply?
1- Patient in a mental health facility 2- Patient in a facility for individuals with ID 3- Patient in a nursing home 4- Patient in a hospital
323
Who are mandatory reporters for vulnerable adults?
Health practitioners, police officer, or human service workers based on suspicion of abuse/neglect (any individual may file a report, but is not mandated)
324
How shall a report be made of suspected abuse/neglect of vulnerable adult?
To local department as soon as possible either by telephone, direct communication, or in writing.
325
What information should be included in report of alleged abuse/neglect/self-neglect/exploitation of vulnerable adult?
1- Demographic info of alleged vulnerable adult 2- Demographic of caretaker 3- Whereabouts of alleged vulnerable adult 4- Nature of alleged vulnerable adult's incapacity 5- Nature/extent of abuse/neglect/self-neglect/exploitation (details) 6- Any other info to help determine cause and identity of person responsible
326
What are two conditions under which the identity of a person who makes a report regarding abuse/neglect of vulnerable adult may be revealed?
1- The person consents 2- The court orders disclosure
327
Does a person who makes or participates in making a report of abuse/neglect of vulnerable have immunity from civil liability?
Yes
328
How does one petition for guardianship of a disabled person?
Submitted signed and verified certificates of competency from the following health care professionals who have examined the disabled person: i- Two licensed physicians ii- One licensed physician and either one licensed psychologist OR one licensed certified social worker-clinical At least one of the examinations/evaluations by above professionals shall occur within 21 days before filing the petition
329
What are the four required pieces of content for a "Certificate of Competency" related to petition for guardianship of a disabled person?
1- Name, address, qualifications of the person who performed the examination/evaluation 2- Brief history of the person's involvement with the disabled person 3- Date of exam/eval 4- Person's opinion as to A- cause/nature/extent/probable duration of disability; B- whether institutional care is required; and C- whether disabled person has sufficient mental capacity to understand the nature of and consent to the appointment of a guardian
330
What can be filed with a petition for guardianship in lieu of two certification, if the person is a beneficiary of the Dept of Veterans Affairs
A certificate from the Secretary of that Department or an authorized rep of the Secretary stating the person is "rated as disabled" by the Department.
331
Seven requirements of an Involuntary Psychiatric Admissions application
1- In writing 2- Date 3- On appropriate facility form 4- Relationship of the applicant to the individual for whom admission is sought 5- Signed by the applicant 6- Accompanied by certificates from 1 doctor and 1 psychologist, or two doctors 7- Any other information needed
332
What must be included on the certificate of personal examination for involuntary psychiatric admissions? (Three things)
i- a diagnosis of a mental disorder ii- an opinion that the individual needs inpatient care or treatment iii- an opinion that admission to a facility or VA hospital is needed for the protection of the individual or another
333
A certificate for application involuntary psychiatric admission cannot be used if the exam was done:
1- More than one week before the certificate is signed OR 2- More than 30 days before the facility/VA hospital receives the application for admission
334
A certificate for involuntary psychiatric admission may not be used if the physician or psychologist who signed (conflict of interest):
1- Has a financial interest in facility being sought OR 2- Related to the individual by blood or marriage
335
What is a "mental disorder" as related to emergency psychiatric evaluations?
The behavioral or other symptoms that indicate: i- To a lay petitioner, a clear disturbance in the mental functioning of another individual; and, ii- To the following health professional doing an examination, at least one mental disorder that is described in the current DSM (physical, psychologist, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, or licensed clinical marriage and family therapist)
336
For an emergency psychiatric evaluation, does intellectual disability count as a mental disorder?
No
337
What shall a petition for an emergency psychiatric evaluation contain?
1- Be signed and verified by the petitioner 2- State petitioner's name, address, and home/work telephone numbers 3- State the emergency evaluee's name and description 4- State the address of emergency evaluee and name/address of spouse, child, parent, or other relative or any other individual who is interested in the emergency evaluee 5- If the petitioner is an authorized petitioner (health care worker), include license number 6- Description of behavior and statements, or any other info leading to believe evaluee has a mental disorder or presents a danger to life/safety of self or others 7- Other facts that support the need for an emergency evaluation
338
A petition for emergency psychiatric evaluation form shall notify the petitioner that:
1- they may be required to appear in court 2- they make the statements under penalty of perjury
339
Who shall petitioners for emergency psychiatric evaluation give the petition to?
Health care worker: to a peace officer Lay person: present petition to the court for immediate review
340
Review by the court of a petition by a lay person for an emergency psychiatric evaluation shall have one of two outcomes:
1- The court shall endorse if there is probable cause. 2- If the court does not find probable cause, the court will indicate that on the petition and no further action may be taken under the petition.
341
True or False: Unless other court-ordered, a parent with or without physical custody can access medical, dental, and educational records.
True
342
What are requirements related to "concealment of records and reports" and what is associated penalty?
Don't knowingly or willingly destroy or mess up shit in a medical record! Penalty for doing so is guilty of a misdemeanor and on conviction subject to a fine not exceeding $5000 or imprisonment not exceeding 1 year or both (destroy, damage, alter, obliterate, or otherwise obscure a medical record, hospital record, laboratory report, X-ray report, other other info in an effort to conceal from use as evidence in an administrative, civil, or criminal proceeding)
343
Unless adult patient is notified, at what point may a medical record or laboratory/X-ray report about a patient be destroyed?
5 years after the record or report is made
344
At what point may a medical record or laboratory/X-ray report about a minor patient be destroyed?
After the patient attains the age of majority (18) plus three years OR 5 years after the record/report was made, whichever is later, UNLESS Parent/guardian is notified or minor is notified under certain conditions (20-102(c); 20-103(c))
345
Notice of destruction of medical records/lab/X-ray reports shall be made:
1- By first-class mail to last known address 2- Include date records will be destroyed 3- Include statement that record or synopsis of record must be retrieved at a designated location within 30 days of the proposed date of destruction
346
Upon retirement, surrender of license, discontinuance of practice, or death of a provider, how are records/reports handled?
The health care provider, administrator of the estate or designee who agrees to provide for maintenance of the medical records of the practice/business shall contact appropriate health board in writing: 1- Forward notice required before the destruction or transfer of medical records OR 2- Publish a notice in a daily newspaper that is circulated locally for 2 consecutive weeks stating the date record will be destroyed/transferred and location/date/time where records can be retrieved if wanted
347
Can a health care provider or other person be held liable for knowingly violating provisions related to altering, maintaining and destroying medical records?
Yes, can be held liable for actual damages
348
What are the penalties for health care providers or an agent/employee/officer/director of a health care provider who violates provisions related to altering, maintaining and destroying medical records?
1st fine- up to $1000 for all violations cited in a single day 2nd fine- up to $2500/day 3rd and subsequent fines- up to $5000/day
349
"License" means all or any part of permission that:
i- Is required by law to be obtained from a unit; ii- is not required only for revenue purposes; and, iii- is in any form including: approval, certificate, charter, permit, or registration.
350
"Unit"
An officer or unit that is authorized by law to: i- adopt regulation subject to Subtitle 1 of "this title" (Licenses- Special provisions) OR ii- adjudicate contested cases under this subtitle
351
If, at least two calendar weeks before expiration, a licensee make sufficient application for renewal, a license does not expire until:
1- Unit take final action on the application; and, 2- Either i- time for seeking judicial review of the action expires; or ii- any judicial stay of the unit's final action expires
352
What must be provided to a licensee prior to a unit suspending or revoking a license?
i- Written notice of the facts that warrant suspension or revocation AND ii- An opporutnity to be heard (exception if Unit find that the public health, safety, or welfare imperatively requires emergency action AND the licensee is promptly given written notice, reasons to support findings, and opportunity to be heard)
353
"Directory Information"- Includes and does not include- as related to the Medical Records Act
Information concerning general health condition of a patient admitted to a health care facility or receiving emergency care in a health care facility Does NOT include health care info primarily in connection with mental health services
354
"Disclose" or "Disclosure" - as related to the Medical Records Act
Sharing of information in medical record, including acknowledgment that a medical record exists
355
"Emergency"- as related to Medical Records Act
A situation when, in professional opinion of the health care provider, a clear and significant risk of death or imminent serious injury or harm to a patient or recipient exists
356
"General health condition"- as related to Medical Records Act
Health status of a patient describe in terms of (or similar): -Critical -Poor -Fair -Good -Excellent
357
"Health care"- as related to Medical Records Act
Any care, treatment, or procedure by a health care provider: 1- To diagnose, evaluate, rehabilitate, manage, treat, or maintain the physical or mental condition of a patient or recipient; or 2-That affects the structure or any function of the human body
358
"Health care provider"- as related to Medical Records Act
A person licensed/certified/authorized under the Health Occupations Article or 13-516 of the Education Article (college/higher ed medical personnel), or in an approved education/training program OR Facility as defined by the Articles identified in the Medical Record Act
359
"Medical record"- as related to Medical Records Act
Any oral, written, or other transmission in any form/medium of info that: i- is entered in the record of a patient/recipient ii- identified or can readily be associated with the identity of patient/recipient iii- relates to the health care of the patient or recipient. Includes- disclosures, perscription documents, exams, files received from others, and identifiable information
360
"Mental health services"- as related to Medical Records Act
Health rendered to a recipient primarily in connection with the diagnosis, evaluation, treatment, case management, or rehabilitation of any mental disorder.
361
"Person in interest"- as related to Medical Records Act (6 kinds)
1- An adult on whom a health care provider maintain a medical record 2- A person authorized to consent to health for an adult consistent with authority granted 3- A duly appointed personal representative of a deceased person 4- A minor, if the medical record concerns treatment for which the minor gave consent, or a parent/guardian/custodian/representative of the minor as provided in 20-102 or 20-104 (TX of a Minor) 5- Parent of a minor, except if parent's authority is limited by law OR person authorized to consent to health for a minor consistent with authority granted 6- An attorney appointed in writing by a person listed above
362
"Primary provider of mental health services"- as related to Medical Records Act
1- Has primary responsibility for the development of the mental health treatment plan for the recipient 2- Is actively involved in providing that treatment
363
Confidentiality, as related to Medical Records Act, does not apply to (3 things):
1- Information related to administration of a health care facility (risk management, quality assurance, activities of a medical/dental review committee) 2- Info governed by federal confidentiality of alcohol and drug abuse patient records regulations 3- Info governed by the developmental disability confidentiality provisions
364
True or False: A health care provider CAN disclose directory information.
True
365
True or False: A patient can deny, in writing, disclosure of directory information
True
366
Can a person to whom a medical record has been disclosed then redisclose it?- as related to Medical Records Act
No, unless: 1- Authorized by the person in interest 2- Otherwise permitted by Medical Records Act 3- Permitted by 1-202(b) or (c) of the Human Services Article 4- Directory information
367
Parameters of transfer of records relating to transfer of ownership of health care practice/facility
1- May not disclose records by sale, rental, or barter 2- Can transfer files with the ethical guidelines of practice/facility ownership transfer
368
From what kinds of medical care electronic claims clearinghouses may a payor accept claims?
1- Accredited by the Electronic Healthcare Network Accreditation Commission 2- Certified by the Maryland Health Care Commission
369
Requirements for disclosure authorization- - as related to Medical Records Act
1- Be in writing, dated, and signed by the person in interest 2- State the name of the health care provider 3- Identify to whom the information is to be disclosed 4- State the period of time that the authorization is valid, which may not exceed 1 year except: i- in cases of criminal justice referrals (valid until 30 days after final disposition), OR ii- when a patient is a resident of a nursing home, in which case authorization stays valid until revoked or any specified period of time 5- Apply only to a medical record developed by the health care provider unless i- authorization specifies disclosure of records received from another AND ii- other provider has not prohibited redisclosure
370
True or False: A health care provider shall disclose a medical record on receipt of a preauthorized form that is part of an application for insurance.
True
371
True or False: Health care provider shall disclose medical record on receipt of authorization for release of relevant medical information that is included with the claim application form filed with the Workers' Compensation Commission
True
372
Revocation of authorization- as related to Medical Records Act
1- Except in cases of criminal justice referral, a person in interest may revoke an authorization in writing. 2- Becomes effective on the date of receipt by the health care provider 3- A disclosure made before the effective date of revocation is not affected by revocation
373
A copy of the following shall be entered in the medical record of a patient/recipient (as related to consent/disclosure):
1- A written authorization 2- Any action taken in response to an authorization 3- Any revocation of an authorization
374
If disclosure of related to mental health, and providers believe disclosure to be injurious to health of patient/recipient, provider may refuse to disclose that portion of the medical record, but, on written request shall:
i- Make a summary of the undisclosed portion available to the patient, recipient, or person in interest ii- Insert a copy of the summary in the medical record of the patient or recipient iii- Permit examination and copying of medical record by another health care provider authorized to treat the patient/recipient for the same condition as the provider denying the request iv- Inform patient/recipient of the patient's/recipient's right to select another health care provider under this subsection
375
Changes in record- as related to Medical Records Act
1- Procedures shall be established to allow person in interest to request additions/corrections to the record 2- No information may be deleted from the record 3- Within reasonable time after request, provider shall make the requested change or provide written notice of a refusal to make change to person in interest
376
Refusal to make changes in record- as related to Medical Records Act
4- Notice of refusal shall contain each reason for refusal and procedures (if any) established for review of the refusal 5- If final decision is refusal to make change- permit person in interest to submit a note of disagreement into the medical record and provider may include a statement of reasons for refusal
377
If a change or refusal to change record is made, provider shall give notice (as related to Medical Records Act)
i- To any individual the person in interest has designated to receive the notice/statement ii- To whom the health care provider has disclosed an inaccurate, incomplete, or a disputed medical record within the previous 6 months
378
Which act has information about payment for copies of records?
Medical Records Act- Duty to Hold confidential and Duty to Disclose a Medical Record
379
To whom may a health care provider disclose a medical record without authorization of the person in interest? (10 groups)
1- Employees/agents, legal counsel, insurer 2- Education or research purposes, evaluation/management of health care delivery systems, accreditation of a facility by professional standard setting entities (if person agrees to no further disclosure) 3- Subject to additional limitations for a medical record developed primarily in connection with the provision of mental health services, to a government agency performing its lawful duties by an act of the Maryland General Assembly or the United State Congress 4- Subject to additional limitations for a medical record developed primarily in connection with the provision of mental health services, to another health care provider for the sole purpose of treating the patient/recipient on whom the record is kept 5- Disclosure without authorization to third party payors/agents 6- To provide for emergency health care needs 7- To immediate family members of the patient or any other individual with whom the patient is known to have a close personal relationship, unless patient instructed not to make disclosure or record developed primarily in connection with the provision of mental health services 8- Appropriate organ, tissues, or eye recovery agency to evaluate for possible donation 9- Dept of Health and Mental Hygiene or organ/tissue/eye recovery agency for purpose of conducting death record review 10- Within Montgomery County DHHS
380
Under provisions of State law regarding confidentiality, Montgomery County Department of Health and Human Services is considered:
1 agency
381
"Compulsory Process"- as related to Medical Records Act
Includes subpoena, summons, warrant, or court order that appears on its face to have been issued on lawful authority
382
In which article and section can Disclosures without authorization of person in interest - Investigations be found?
Section 4-306 of Medical Records Act
383
In which section/article can “Disclosure of mental health records” be found?
Section 4-307 of Medical Records Act
384
"Case management"- as related to Medical Records Act
An individualized recipient centered service designed to assist a recipient in obtaining effective mental health services through the assessing, planning, coordinating, and monitoring of services on behalf of the recipient.
385
"Core service agency"- as related to Medical Records Act
An organization approved by the Mental Hygiene Administration to manage mental health resources and services in a designated area or to a designated target population
386
"Director"- as related to Medical Records Act
Director of the Mental Hygiene Administration, or the designee of the Director
387
"Personal note"
-The work product and personal property of a mental health provider; and -Is not included in a medical record, if the mental health care provider: 1- keep the personal note in provider's sole possession for provider's personal use; 2- maintains the personal note separate from the recipient's medical records; 3- Does not disclose the personal note to any other person (except supervising provider, consulting health care provider, attorney of health care provider) -Does not include information on patient's diagnosis, treatment plan, symptoms, prognosis, or progress notes
388
True or False: A personal note is discoverable or admissible in court.
False- Except as provided in subsection (d)(3), personal notes are not discoverable or admissible as evidence in any criminal, civil, or administrative action
389
A personal note shall be considered part of the recipient's medical record if, at any time a mental health care provider discloses a personal note to a person other than:
-Provider's supervising health care provider -A consulting health care provider -An attorney of the health care provider -A recipient who has initiated an action for malpractice, an intentional tort, or professional negligence against the health care provider
390
Regulation for Disclosure related to psychological tests
Medical Records Acts 4-307 (e)
391
Refusal to disclose records- Penalties as related to the Medical Records Act
If health care provider knowingly refuses to disclose medical record within a reasonable time, but no more than 21 working days after request, the health care is liable for actual damages
392
True or False: a health care provider may refuse to disclose a medical record on request of the person in interest because of the failure of the person in interest to pay for health care rendered
False
393
A health care provider or any other person is in violation of "this subtitle" if the health care provider or other person (as related to medical records):
1- Requests or obtains a medical record under false pretenses or through deception; or, 2- Discloses a medical record in violation of "this subtitle"
394
Penalty for knowing/willfully violating any provision of the "this subtitle" (Medical Records Act - Criminal Penalities)
Guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1000 for the first offense and not exceeding $5000 for each subsequent conviction for a violation of any provision of this subtitle
395
Fraudulent obtaining of records; wrongful disclosure of records (Criminal penalties/fines)
1- Healthcare provider or any other person, including an officer or employee of a governmental unit, who knowingly and willfully requests/obtains a medical record under false pretense or through deception or knowingly discloses a medical record in violation of "this subtitle" is guilty of a misdemeanor and on conviction is subject to the following penalties: i- Fine not exceeding $50,000, imprisonment for not more than 1 year, or both ii- Offense under false pretenses: fine not exceeding $100,000, imprisonment up to 5 years, or both iii- Offense committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, a fine not exceeding $250,000, imprisonment for not more that 10 years, or both (does not apply to officer/employee of government unit that is conducting criminal investigation)
396
Civil Penalties for someone knowing/willfully violating any provision of the "this subtitle" (Medical Records Act)
Health care provider or anyone is liable for actual damages