Maryland Psych Jurisprudence

Question 1

“Board”

Answer 1

State Board of Examiners of Psychologist

Question 2

Doctoral degree in psychology

Answer 2

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)

Question 3

“License”

Answer 3

License issued by the Board to practice psychology as a psychologist

Question 4

Licensed psychologist

Answer 4

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

Question 5

What does “practice psychology” mean?

Answer 5

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.

Question 6

“Practice psychology” includes…

Answer 6

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.

Question 7

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)

Answer 7

-Psychological methods
-Psychological principles
-Psychological procedures

Question 8

Registered psychology associate

Answer 8

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

Question 9

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

Answer 9

Issued by the Board to practice psychology as a psychology associate

Question 10

The Board consists of…

Answer 10

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

Question 11

How are psychologist members of the Board appointed?

Answer 11

-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

Question 12

How are consumer members appointed to the Board?

Answer 12

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

Question 13

Psychologist members of the Board shall be (3 things)

Answer 13

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.

Question 14

Each consumer member of the Board…

Answer 14

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)

Question 15

Terms of Board members

Answer 15

-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

Question 16

Two reasons a Board member may be removed by the Governor

Answer 16

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

Question 17

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

Answer 17

Annually

Question 18

How often must the board meet?

Answer 18

At least annually

Question 19

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)?

Answer 19

Yes

Question 20

What are procedures for notification of and investigating complaints?

Answer 20

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

Question 21

State Board of Examiners for Psychologists Fund

Answer 21

-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

Question 22

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

Answer 22

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

Question 23

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

Answer 23

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

Question 24

Personal requirements to apply for license or registration

Answer 24

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

Question 25

Does an applicant have to submit to a criminal history records check?

Answer 25

Yes. (18-302.1)

Question 26

What exams must a applicant for a psychologist license pass?

Answer 26

i- National examination in the practice of psychology (EPPP)

ii- State jurisprudence exam

Question 27

What exam must an applicant for a psychology associate registration pass?

Answer 27

State jurisprudence exam

Question 28

“Central Repository”

Answer 28

The Criminal Justice Information System Central Repository of the Dept of Public Safety and Correctional Services

Question 29

Information obtained from the Central Repository under section 18-302.1(e)…

Answer 29

1- Shall be confidential
2- May not be redisseminated
3-Shall be used only for the licensing purpose authorized by this title

Question 30

3 steps to apply for license or registration

Answer 30

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

Question 31

18-304: Opportunities to be examined for licensing/registration

Answer 31

-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

Question 32

How does the Board issue licenses and registrations?

Answer 32

Electronically, unless specific request is made

Question 33

On receipt of the criminal history record information, the Board shall consider (6 things)…

Answer 33

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

Question 34

Can the Board issue or renew a license/registration if criminal history record not received?

Answer 34

No

Question 35

Length of term of license or registration

Answer 35

2 years

Question 36

When and how will the Board send renewal notice of license or registration?

Answer 36

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).

Question 37

Renewal notices for license/registration shall include:

Answer 37

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

Question 38

By how many days after a licensee’s/registrants address or e-mail change must the Board be notified?

Answer 38

30 days

Question 39

When was the regulation for the criminal history records checks of current licensees/registrants updated?

Answer 39

March 2019

Question 40

Additional crinimal history records checks shall be performed…

Answer 40

-6 years after a renewal applicant submitted to a check
-Every 6 years after initial renewal check

Question 41

What is needed for a licensee to go on inactive status?

Answer 41

1- An application for inactive status on designated form.
2- Pays the inactive status fee

Question 42

What is needed to return from inactive status?

Answer 42

1- Complies with renewal requirements at the time individual changes from inactive to active.

2- Meets the continuing education requirements set by the Board

Question 43

Board shall reinstate a license or registration if failure to renew IF…

Answer 43

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

Question 44

How to re-qualify if license/registration expired for more than 5 years?

Answer 44

Meet the current requirements for obtaining a new license/registration

Question 45

What is the purpose of the code of ethics for psychologist and psychology associates?

Answer 45

To protect the public interst

Question 46

What shall the Board consider when adopting the code of ethics?

Answer 46

1- Ethical standards of psychologists published by APA

2- Professional character of psychological services

Question 47

Can a licensed psychologist/registered psychology associate surrender license/registration while under investigation or there are pending charges against the individual?

Answer 47

Only if the Board accepts the surrender.

Question 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?

Answer 48

18-313 (1) to (22)
Maryland Psychologists Act

Question 49

Instead of suspending license/registration OR in addition to suspending/revoking, the Board may…

Answer 49

Impose a monetary penalty not exceeding $10,000

Question 50

Penalties collected by the Board go to…

Answer 50

The General Fund of the State

Question 51

In being given a license/registration, as related to investigation, the individual is deemed to have consented to…

Answer 51

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

13-314(b)

Question 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?

Answer 52

Administrative Procedure Act

Question 53

Requirements for how a hearing notice is to be served (3 things)

Answer 53

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

Question 54

Does the individual have right to counsel at a hearing?

Answer 54

Yes

Question 55

Under signature of an officer or administrator of the Board, the Board may…

Answer 55

…issue subpoenas and administer oaths in connection with any investigation.

Question 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?

Answer 56

On petition of the Board, a court of competent jurisdiction may compel compliance with the subpoena.

Question 57

Can a hearing of charges be stayed or challenged by any procedural defects alleged to have occurred before the filing of charges?

Answer 57

No

Question 58

What happens if the individual against whom an action is contemplated fails or refuses to appear?

Answer 58

The Board may hear and determine the matter.

Question 59

If aggrieved by a final decision of the Board, what can the individual do?

Answer 59

Any person aggrieved by the final decision of the Board may petition for judicial review as allowed by the Administrative Procedure Act.

Question 60

What may not be stayed by pending judicial review?

Answer 60

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.

Question 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…

Answer 61

1- Reinstate a license/registration that has been revoked

2- Reduce the period of a suspension

3- Withdraw a reprimand

MD Psych Act 18-317

Question 62

An action to enjoin the unauthorized practice of psychology or conduct that is a ground of disciplinary action can be brought by…

Answer 62

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.

Question 63

An action under this section shall be brought in the county where the defendant…

Answer 63

1- Resides, OR

2- Engages in the acts sought to be enjoined

Question 64

Is proof of actual damage or that damage will be sustained if injunction is not granted required?

Answer 64

No, proof is not required under 18-317.1

Question 65

“Psychologist Rehabilitation Committee”

Answer 65

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

Question 66

What does “This Compact” refer to?

Answer 66

Psychology Interjurisdictional Compact, or PsyPact

Question 67

What is the intention of PsyPact?

Answer 67

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

Question 68

To what does PsyPact not apply?

Answer 68

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

Question 69

Purposes/Objectives of PsyPact (6 things)

Answer 69

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

Question 70

Regulation/Article Number of PsyPact Definitions

Answer 70

18-3A-01 Article II

Question 71

ASPPB

Answer 71

Association of State and Provincial Psychology Boards

Question 72

E. Passport

Answer 72

Certificate issued by ASPPB to standardize criteria for interjurisdictional telepsychology practice

Question 73

Interjurisdictonal Practice Certificate, or IPC

Answer 73

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

Question 74

18-3A-01, Article IV

Answer 74

Compact Privilege to Practice Telepsychology

Question 75

18-3A-01, Article V

Answer 75

Compact Temporary Authorization to Practice

Question 76

Can a psychology associate of MD obtain E. Passport or IPC for PsyPact?

Answer 76

No- must have a current, full, unrestricted license to practice in home state which is a compact state

Question 77

18-3A-01 Article X

Answer 77

Establishment of the Psychology Interjurisdictional Compact Commission

Question 78

Psychology Interjurisdictional Compact Commission

Answer 78

Joint public agency created and established by the compact states

Question 79

18-3A-01, Article XI

Answer 79

PsyPact Rulemaking

Question 80

Who is authorized/permitted to use the words “psychological,” “psychologist,” and “psychology” in title or service description?

Answer 80

A person authorized to practice psychology under this title.

Health Occupations 18-101 to 502

Question 81

Criminal consequence of violating any provision of Title 18, Subtitle 4 (Prohibited Acts - practicing without license/registration; misrepresentation as a psychologist)

Answer 81

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

Question 82

Additional consequence of violating 18-401 (practicing without a license/registration) of Title 18, Subtitle 4 (Prohibited Acts)

Answer 82

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.

Question 83

Health Occupations Title 18

Answer 83

“Maryland Psychologists Act”

Question 84

COMAR 10.36

Answer 84

Code of MD Administrative Regulations, Title 10 Maryland Dept of Health, Subtitle 36 Board of Examiners of Psychologists

Question 85

“Activities and services”

Answer 85

Performing the psychological activities or services that are required training for completing the program in psychology.

Question 86

“Criminal history records check”

Answer 86

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

Question 87

“Fellow”

Answer 87

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.”

Question 88

“Intern”

Answer 88

a- Matriculated in a doctoral degree program in psychology

b- Fulfilling program requirements by completing a predoctoral internship training program in psychology

Question 89

“Practice-oriented Program”

Answer 89

A clinical, counseling, or school psychology program, or a combination thereof, or a respecialization program

Question 90

“Student”

Answer 90

a- Matriculated in a master’s or doctoral degree program in psychology

b- Fulfilling program requirements by gaining field or practicum experience

Question 91

“Supervised course of study”

Answer 91

An organized post-baccalaureate program in psychology with identified faculty and training objectives

Question 92

A complete application for licensure

Answer 92

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

Question 93

A complete application for registration

Answer 93

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

Question 94

Within how many days shall the Board notify an applicant of missing required documents?

Answer 94

Nor more than 15 business days after receipt of the application

Question 95

When is an application terminated? (2 reasons)

Answer 95

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.

Question 96

How can an applicant appeal a rejection of application for licensure/registration?

Answer 96

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

Question 97

Who can apply for licensure on an abbreviated application?

Answer 97

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.

Question 98

Abbreviated application includes (5 items):

Answer 98

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

Question 99

10.36.01.03 - Education Required for Licensure/Registration

Answer 99

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

Question 100

Hours of Supervised Professional Experience required for licensure

Answer 100

2 years, consisting of a minimum of 3250 hours

Question 101

COMAR 10.36.01.04

Answer 101

Professional Supervised Experience Required for Licensure - General

Question 102

COMAR 10.36.07.03

Answer 102

Regulation under which psychology associates accruing supervised professional experience toward licensure shall receive required amount of supervision

Question 103

Supervised Professional Experience - Programs That Are Not Practice-Oriented

Answer 103

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

Question 104

Supervised Professional Experience - Practice-Oriented Programs: through which experiences may hours be accrued?

Answer 104

Pre-internship, Internship, Pre-doctoral post-internship, or Post-doctoral experiences

Question 105

Pre-internship and pre-doctoral post-internship experience allowances

Answer 105

1- Up to 1500 hours toward the supervised professional experience

2- Occurs following completion of the first year of the doctoral program

Question 106

Supervision required for pre-internship and pre-doctoral post-internship experience

Answer 106

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)

Question 107

Internship experiences shall:

Answer 107

-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

Question 108

Hour requirements related to Post-Doctoral Supervised Professional Experience - Practice-Oriented Programs

Answer 108

1- Maximum of 1500 hours may be obtained this way

2- Shall be completed if applicant does not have 3250 pre-doctoral supervised experience

Question 109

What is included in COMAR 10.36.01.04-03 (Post-Doctoral Supervised Professional Experience - General)?

Answer 109

Description of supervision-to-experience hours, titles to use, documentation required, etc.

Question 110

Which regulation describes Post-Doctoral Supervised Professional Experience as a Registered Psychology Associate?

Answer 110

COMAR 10.36.01.04-04

Question 111

EPPP Passing Score

Answer 111

Scaled score 500 on or after January 1, 2002 (73% before)

Question 112

MD Exam Passing Score

Answer 112

75%

Question 113

Exceptions to Licensure

Answer 113

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

Question 114

How often must a license/registration be renewed?

When does it expire?

Answer 114

Every two years

Expires March 31st, unless renewed

Question 115

License/Registration Expiration

Answer 115

A license automatically expires when the psychologist fails to meet the renewal requirements by March 31

Question 116

Inactive Status

Answer 116

Psychologist in good standing may request inactive status for 2 years upon notification to the Board and payment of the required fee.

Question 117

Length of inactive status

Answer 117

2 years, plus 2 year extension with payment of inactive status fee

Question 118

License of inactive status may be reinstated by (4 things)

Answer 118

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

Question 119

When may the Board consider a petition for reinstatement of a licesnse/registration to practice psychology that has been revoked?

Answer 119

After 5 years have passed from the date of revocation

Question 120

Minimum number of Board meetings per year

Answer 120

6

Question 121

Annual Report of the Board

Answer 121

-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

Question 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?

Answer 122

Any person.

A copy of the Board’s interpretation or decision shall be mailed to the petitioner.

Question 123

“Activity”

Answer 123

Any authoring, editing, learning, presenting, program developing, reviewing, or teaching which meets the objectives of continuing education

Question 124

“Approved Program” related to CEs

Answer 124

Activity by an authorized sponsor

Question 125

“Authorized sponsor”

Answer 125

An individual or organization whose program are accepted by the Board as continuing education activity

Question 126

“Continuing Education” or CE

Answer 126

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.

Question 127

CE hour

Answer 127

Approximately 1 hour of continuing education activity, unless stated otherwise in 10.36.02.04

Question 128

“Course”

Answer 128

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

Question 129

“Independent study”

Answer 129

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.

Question 130

“Peer consultation group”

Answer 130

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.

Question 131

“Reporting period”

Answer 131

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.

Question 132

Four objectives of CEs

Answer 132

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

Question 133

CE may not include:

Answer 133

1- Business meetings

2- Professional committee meetings

3- Presentation and publications primarily intended for a lay audience

Question 134

Psychologist CE requirements for single reporting period (minimum/maximums)

Answer 134

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.

Question 135

Psychology Associate CE requirements for single reporting period (total, max limitation, minimum requirements)

Answer 135

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

Question 136

License/registration number ending in an odd digit

Answer 136

Reporting period ends March 31 of odd years

Question 137

License/registration number ending in an even digit or 0

Answer 137

Reporting period ends March 31 of even years

Question 138

If less than 12 months before the end of their reporting period when receiving initial license/registration, are CE hours required?

Answer 138

No

Question 139

For psychologists- if more than 12 months before the end of their reporting period when receiving initial license, are CE hours required?

Answer 139

Yes, 20 CE hours are required.

Question 140

For psychology associates- if more than 12 months before the end of their reporting period when receiving initial registration, are CE hours required?

Answer 140

Yes, 10 CE hours

Question 141

Date by when psychologists/psych associates will be notified is selected for CE audit

Answer 141

March 1

Question 142

How soon will a psychologist/psych associate selected for CE audit provide the information?

Answer 142

Within 10 days

Question 143

What information is required to be provided for a CE audit?

Answer 143

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

Question 144

Proof of completion of CE activity includes

Answer 144

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

Question 145

To earn CE credits for independent study, a psychologist/psych associate shall:

Answer 145

a- Pass an examination on the activity; and

b- Be awarded a certificate of completion

Question 146

Total number of CE hours allowed for scholarly activities in 2-year reporting period

Answer 146

Psychologists: 30 hours

Psych Associates: 15 hours

Question 147

Who gets CE hours if activity has more than one author/presenter?

Answer 147

First 3 authors

Question 148

Max CE hours for publication by the author(s) of a book during the year of publication

Answer 148

Psychologist: 20 hours

Psych Associate: 10 hours

Question 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

Answer 149

Psychologist: 15 hours

Psych Associate: 8 hours

Question 150

Max CE hours for service by the editor or associate editor of a peer-reviewed scientific journal

Answer 150

Psychologist: 15 hours

Psych Associate: 8 hours

Question 151

Max hours for service as an editorial board member of a peer-reviewed scientific journal

Answer 151

Psychologist: 15 hours

Psych Associate: 8 hours

Question 152

Max hours for presentation of first offering of scholarly papers or courses for an authorized sponsor

Answer 152

Psychologist: 15 hours

Psych Associate: 9 hours

(3 CE hours may be earned for each hour of presentation)

Question 153

Max hours of developing and presenting a scholarly poster

Answer 153

Psychologist: 15 hours

Psych Associates: 9 hours

(3 CE hours per poster)

Question 154

Who can earn CE for a peer consultation group?

Answer 154

Licensed psychologist

Question 155

Hours earned for participation in a peer consultation group during 2-year reporting period

Answer 155

-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

Question 156

Which organizations and their approved CE sponsored are authorized for CE by the Board? (8)

Answer 156

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

Question 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…

Answer 157

…deny a renewal application.

(Board to notify by certified mail)

Question 158

To request a hearing on the denial of renewal application, the request shall be:

Answer 158

1- In writing

2- Received by the Board within 30 days of notification of denial

Question 159

Reactivation of license from inactive status (less than one year left in reporting period vs. more than one year left)

Answer 159

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

Question 160

Application for reinstatement of license or registration 5 years or less from expiration

Answer 160

Provide appropriate level of CEs and pay reinstatement and renewal fees

Question 161

Process to reinstate expired license/registration of more than 5 years (and did not make application for inactive status is psychologist)

Answer 161

Reapply for licensure/registration

Question 162

From whom and how a Licensee, Registrant, or Applicant shall receive written notice of hearings :

Answer 162

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.

Question 163

Do parties in interest appearing before the Board at a formal contested case hearing have the right to appear with counsel?

Answer 163

Yes- they have the right to appear in person, alone, or by or with counsel.

Question 164

A case resolution conference may be used to:

Answer 164

Attempt to settle the case.

Question 165

Prehearing conference may be used to prepare for the hearing by (4 items):

Answer 165

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

Question 166

Discovery on Request

Answer 166

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

Question 167

Mandatory Discovery

Answer 167

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

Question 168

Witnesses or documents may not be added to lists:

Answer 168

1- After the prehearing conference (is scheduled)

2- Later than 15 days before the hearing, if no prehearing conference

(Absent unforeseen circumstances)

Question 169

Timeline for filing motions before hearings:

Answer 169

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

Question 170

Regulation for Conduct of the Hearing

Answer 170

10.36.03.05

Question 171

10.36.04.00 (Expungement of Board Records)

Answer 171

Repealed March 13, 1995

Question 172

“Client”

Answer 172

Individual, couple, family, group, business, agency, school, organization, or association that a psychologist/psych associate provides, or has provided, with professional services

Question 173

“Multiple relationship”

Answer 173

Individual concurrently participating in two or more roles with another

Question 174

“Public Statement”

Answer 174

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

Question 175

“Sexual intimacies”

Answer 175

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

Question 176

Who is responsible for a psychology associate’s professional decisions and professional actions?

Answer 176

Psychologist and psychology associate are jointly responsible

Question 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

Answer 177

Within 60 days (in writing)

Question 178

A psychologist or psychology associate may not interfere with Board proceedings, including:

Answer 178

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

Question 179

To maintain “professional competence” a psychologist or psych associate shall (7 things):

Answer 179

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.

Question 180

As related to competence, a psychologist or psych associate may not (as related to ethics- not education):

Answer 180

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.

Question 181

Regarding public statements and advertising, a psychologist/psych associate shall (3 things):

Answer 181

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

Question 182

As related to public statements and advertising, a psychologist/psych associate may not:

Answer 182

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

Question 183

“Informed Consent” - General

Answer 183

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.

Question 184

“Informed Consent” - Research (5 things)

Answer 184

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

Question 185

“Informed Consent” - Therapeutic Relationships (6 things)

Answer 185

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

Question 186

Regarding administration of Psychological Assessment, a psychologist/psych associate shall (9 things):

Answer 186

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

Question 187

Regarding psychological assessment, the psychologist/psych associate may NOT:

Answer 187

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

Question 188

As related to client welfare, a psychologist/psych associate shall:

Answer 188

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

Question 189

As related to exploitation, a psychologist/psych associate may not (5 things):

Answer 189

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.

Question 190

Regarding sexual misconduct, a psychologist/psych associate may not:

Answer 190

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

Question 191

Regarding harassment, a psychologist or psych associate may not:

Answer 191

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

Question 192

As related to children and vulnerable adults, psychologists/psych associates shall:

Answer 192

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

Question 193

When terminating services:

Answer 193

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.

Question 194

Regarding confidentiality, a psychologist/psych associate shall (8 things)

Answer 194

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

Question 195

Legal and Ethical Limits of Confidentiality - Informing clients (4 things)

Answer 195

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

Question 196

Regarding record keeping, a psychologist/psych associate shall (6 things):

Answer 196

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

Question 197

Licensure/Registration Application Fees

Answer 197

$300/$200

Question 198

EPPP/National Exam Fee

Answer 198

$650

Question 199

State Exam (MD Jurisprudence) Fee

Answer 199

$250

Question 200

Verification of licensure or registration

Answer 200

$20

Question 201

Biennial licensure/registration renewal fee

Answer 201

$400/$300

Question 202

Late Fee

Answer 202

$50

Question 203

Inactive status fee (every 2 years)

Answer 203

$200

Question 204

Reinstatement fee for license/registration

Answer 204

$700/$600

Question 205

Penalty for returned check (fee)

Answer 205

$50

Question 206

Duplicate printing of license/registration (fees)

Answer 206

Wall certificate - $50

Wallet card - $30

Question 207

Temporary Exception to Practice (fee)

Answer 207

$100

Question 208

Roster of licensed psychologist or registered psychology associates (fee)

Answer 208

$150

Question 209

Refunds of fees

Answer 209

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

Question 210

Maryland Health Care Commission (MHCC) fee

Answer 210

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

Question 211

“Full-time”

Answer 211

Provision of psychological services through direct client contact at least 26 hours per week

Question 212

“Supervisor” - as related to a registered psychology associate

Answer 212

A psychologist licensed in MD with at least 2 years post-licensure experience who supervises a registered psychology associate

Question 213

Reasons for a supervisor to delegate supervisory responsibility to another

Answer 213

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

Question 214

Length of “Adequate and appropriate” supervision sessions for full-time provision of psychological service by each registered psych associate shall consist of:

Answer 214

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

Question 215

Supervision of comprehensive evaluation and testing of a client by a psych associate

Answer 215

1 hours supervision for every 5 hours of evaluation/testing

Question 216

Supervision of a psych associate may be reduced:

Answer 216

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

Question 217

“Adequate and appropriate supervision” for a psych associate shall be:

Answer 217

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

Question 218

Conduct quarterly site visits at the location where the registered psych associate is providing services

Answer 218

If a supervisor is not practicing at the same site as the psych associate

Question 219

Responsibilities of a psych associate supervisor (5 things)

Answer 219

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

Question 220

Psych associate shall use this phrase to make personal reference in all promotional materials

Answer 220

“Registered Psychology Associate under the supervision of a licensed psychologist”

Question 221

Representation/Informing of Clients of Psych Associate

Answer 221

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

Question 222

Documentation of supervisory sessions shall include:

Answer 222

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

Question 223

How long will supervisory session documentation be kept?

Answer 223

At least 5 years

Question 224

Supervisor and psych associate will co-sign clinical documents including (4 things):

Answer 224

a- Evaluations
b-Authorizations for release
c-Treatment plans
d- Report

Question 225

Documentation of site visits by a supervisor shall be maintained for___ and include:

Answer 225

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

Question 226

During renewal, supervisor shall submit to the Board

Answer 226

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

Question 227

During renewal, psych associate shall submit to the Board

Answer 227

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

Question 228

COMAR 10.36.08.00

Answer 228

Disciplinary Sanctions, Monetary Penalties, and Civil Fines

Question 229

“Penalty”

Answer 229

Monetary penalty

Question 230

“Sanction”

Answer 230

Formal disciplinary action against a license such as a reprimand, probation, suspension, or revocation

Question 231

Guidelines for Disciplinary Sanctions and Imposition of Penalties (COMAR 10.36.08.04)

Answer 231

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

Question 232

Mitigating factors to be considered in the assessment of a sanction (9 factors)

Answer 232

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

Question 233

Aggravating factors to be considered in the assessment of a sanction (9 things)

Answer 233

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

Question 234

Does filing an appeal stay payment of a penalty imposed by the Board under 10.36.08.00?

Answer 234

No, it does not automatically stay payment of a penalty

Question 235

If a licensee/registrant fail to pay, in whole or in part, a penalty imposed by the Board, the Board:

Answer 235

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

Question 236

Civil fine for practicing on an expired license or registration

Answer 236

$100 per day of practice past the expiration date

Question 237

Civil fine for practicing psychology without a license or registration

Answer 237

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

Question 238

“Child”

Answer 238

Individual younger than 18 years old

Question 239

“Child custody evaluation” - Definition

Answer 239

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

Question 240

“Child Custody Proceeding”

Answer 240

A proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue

Question 241

To be competent for child custody evaluation, in which areas does a psychologist need education/training/experience/supervision?

Answer 241

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

Question 242

2 areas assessed during child custody evaluation

Answer 242

a- Parenting skills and capacities of the adults
b- The child’s psychological functioning and developmental needs

Question 243

Methods to gather data during child custody evaluation include

Answer 243

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

Question 244

Disclaimers to include in child custody evaluations

Answer 244

a- Unavailability of information
b- Lack of cooperation of the parties
c- Lack of compliance with court orders
d- Inconclusive assessment data

Question 245

If psychologist determines there is insufficient information available, can they decline to make recommendations in a child custody evaluation?

Answer 245

Yes

Question 246

“Telepsychology”

Answer 246

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

Question 247

Telepsychology does not include

Answer 247

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

Question 248

Where should client and psychologist/psych associate be located during telepsychology?

Answer 248

Both in MD if provider licensed/registered in MD (and no PsyPact)

Question 249

What must be disclosed during an initial telepsychology interaction?

Answer 249

1- Psychologist’s/Psych Associate’s name
2- Location
3- License/Registration number
4- Contact information

Question 250

Factors included in Evaluation for Telepsychology Services

Answer 250

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

Question 251

Outstanding Taxes or Unemployment Insurance Contributions (COMAR 10.31.02.02)

Answer 251

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

Question 252

If an individiual acts in good faith and is in the scope of the jurisdiction of the Board, are they civilly liable?

Answer 252

No, an individual is not civilly liable for giving information to the Board or participating in its activities

Question 253

“Primary source verification”

Answer 253

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

Question 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?

Answer 254

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.

Question 255

Maryland Public Information Act - General right to information

Answer 255

All persons are entitled to have access to information about the affairs of government and official acts of public officials and employees

Question 256

Maryland Public Information Act - Licensing

Answer 256

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

Question 257

Maryland Public Information Act - Examinations

Answer 257

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

Question 258

Insurance Article - Psychologists: Reimbursement for services

Answer 258

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

Question 259

“Immediate family member” of a health practitioner

Answer 259

1- Spouse
2- Child
3- Child’s spouse
4- Parent
5- Spouse’s parent
6- Sibling
7- Sibling’s spouse

Question 260

“Referral”

Answer 260

-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

Question 261

Prohibited referrals

Answer 261

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

Question 262

Prior to making a referral, disclosure of a beneficial interest must be made and the health care practitioner shall:

Answer 262

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)

Question 263

A health care practitioner who fails to comply with disclosure of beneficial interests/compensations is:

Answer 263

• Guilty of a misdemeanor
• And, on conviction, is subject to a fine not exceeding $5,000.00

Question 264

Liability to payor for services pursuant to prohibited referral

Answer 264

Offender to pay back any direct payments

Question 265

Liability of recipient of health care services for services provided pursuant to prohibited referral

Answer 265

Offender may not submit or resubmit denied claims or bills for services to third-party payor or individual in receipt of service

Question 266

Appeal of Adverse Decisions by Patient’s Health Insurance Carrier

Answer 266

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

Question 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):

Answer 267

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

Question 268

Six exclusions of privilege

Answer 268

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

Question 269

On what may an MD licensed psychologist, qualified as an expert witness, testify?

Answer 269

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

Question 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…

Answer 270

…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

Question 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:

Answer 271

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)

Question 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

Answer 272

True

Question 273

Conditions under which a minor has the same capacity as an adult to consent to medical treatment

Answer 273

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

Question 274

Capacity of a minor to consent to treatment for drug abuse or alcoholism does not include:

Answer 274

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

Question 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

Answer 275

True

Question 276

Confidentiality for Minors?

Answer 276

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

Question 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

Answer 277

16 (old) OR

12 (2023 legislative session update) - does not include ability to consent for medication if under 16

Question 278

Capacity of a minor to consent to services for a mental or emotional disorder does NOT include:

Answer 278

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

Question 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?

Answer 279

No

Question 280

“Abuse”

Answer 280

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

Question 281

“Central Registry”- as related to child abuse/neglect

Answer 281

Any component of the Department’s confidential computerized database that contains info regarding child abuse/neglect investigations (exclusive of local department case file)

Question 282

“Child”

Answer 282

Any individual under the age of 18 years

Question 283

“Educator or human service worker”

Answer 283

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

Question 284

“Family member”

Answer 284

A relative by blood, adoption, or marriage of a child

Question 285

“Household”

Answer 285

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

Question 286

“Household member”

Answer 286

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

Question 287

“Identifying information” as related to child abuse/neglect

Answer 287

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

Question 288

“Indicated” as related to child abuse/neglect

Answer 288

A finding there is credible evidence, which has not been satisfactorily refuted, that abuse, neglect, or sexual abuse did occur

Question 289

“Law enforcement agency”

Answer 289

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

Question 290

“Local Department” as related to abuse/neglect

Answer 290

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

Question 291

“Mental injury”

Answer 291

The observable, identifiable, and substantial impairment of a child’s mental or psychological ability to function

Question 292

“Neglect”

Answer 292

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

Question 293

“Report” as related to child abuse/neglect

Answer 293

An allegation of abuse or neglect

Question 294

“Ruled Out” as related to child abuse/neglect

Answer 294

A finding that abuse, neglect, or sexual abuse did not occur

Question 295

“Sexual abuse”

Answer 295

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

Question 296

“Unsubstantiated”

Answer 296

A finding that there is an insufficient amount of evidence to support a finding of indicated or ruled out.

Question 297

“Mandated reporters” for minors include

Answer 297

Health practitioner, police officer, educator, or human service worker

Question 298

Requirements of mandated reporters

Answer 298

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

Question 299

Oral and written reports for child abuse/neglect

Answer 299

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)

Question 300

Contents of a report of child abuse/neglect

Answer 300

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

Question 301

Timeline to initiate investigation for physical or sexual abuse

Answer 301

Within 24 hours after receiving report

Question 302

Timeline to initiate investigation for neglect or suspected mental injury

Answer 302

Within 5 days of receiving the report

Question 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)

Answer 303

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

Question 304

An investigation of child abuse/neglect shall determine/include:

Answer 304

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

Question 305

What are three key aspects of the joint investigation procedure for conducting joint investigations of sexual abuse?

Answer 305

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

Question 306

Timelines related to preliminary findings and investigation completion of child abuse/neglect reports

Answer 306

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

Question 307

What are steps for a report of abuse/neglect related to a child residing in MD, but event occurred outside MD?

Answer 307

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

Question 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?

Answer 308

Yes, in addition to a physician, psychiatrist, or other professional qualified person.

Question 309

Who may apply for placement of a child/adolescent in a private therapeutic group home?

Answer 309

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

Question 310

What kind of application is needed to apply for private therapeutic group home?

Answer 310

Formal, written application to the Director and is on form required by the Administration

Question 311

Six qualifications for acceptance into a private therapeutic group home (minor):

Answer 311

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

Question 312

Within 60 days of receipt of application for private therapeutic group home for child/adolescent, the Director or county health official shall:

Answer 312

1- Determine if child/adolescent meet requirements for placement
2- If so- i- approve the application and ii- determine the date of placement

Question 313

“Abuse”, as related to a vulnerable adult

Answer 313

Sustaining of any physical injury as a result of cruel or inhumane treatment as as a result of a malicious act by any person.

Question 314

“Disabled person”, as related to vulnerable adult

Answer 314

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

Question 315

“Exploitation”, as related to a vulnerable adult

Answer 315

Any action which involves the misuse of a vulnerable adult’s funds, property, or person

Question 316

“Neglect,” as related to a vulnerable adult, means

Answer 316

Does mean: willful deprivation of a vulnerable adult of adequate food, clothing, essential medical treatment, or rehabilitative therapy, shelter, or supervision

Question 317

“Neglect,” as related to a vulnerable adult, does NOT include

Answer 317

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

Question 318

“Review board”, as related to a vulnerable adult

Answer 318

Adult public guardianship review board

Question 319

Self-neglect

Answer 319

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

Question 320

“Vulnerable adult”

Answer 320

An adult who lacks the physical or mental capacity to provide for the adult’s daily needs

Question 321

It is the policy of the State that vulnerable adults have access to and be provided:

Answer 321

With needed services for health, safety, and welfare

Question 322

To where does “Duty to Report Abuse, Neglect, Self Neglect, or Exploitation of Vulnerable Adults” not apply?

Answer 322

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

Question 323

Who are mandatory reporters for vulnerable adults?

Answer 323

Health practitioners, police officer, or human service workers based on suspicion of abuse/neglect

(any individual may file a report, but is not mandated)

Question 324

How shall a report be made of suspected abuse/neglect of vulnerable adult?

Answer 324

To local department as soon as possible either by telephone, direct communication, or in writing.

Question 325

What information should be included in report of alleged abuse/neglect/self-neglect/exploitation of vulnerable adult?

Answer 325

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

Question 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?

Answer 326

1- The person consents

2- The court orders disclosure

Question 327

Does a person who makes or participates in making a report of abuse/neglect of vulnerable have immunity from civil liability?

Answer 327

Yes

Question 328

How does one petition for guardianship of a disabled person?

Answer 328

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

Question 329

What are the four required pieces of content for a “Certificate of Competency” related to petition for guardianship of a disabled person?

Answer 329

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

Question 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

Answer 330

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.

Question 331

Seven requirements of an Involuntary Psychiatric Admissions application

Answer 331

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

Question 332

What must be included on the certificate of personal examination for involuntary psychiatric admissions? (Three things)

Answer 332

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

Question 333

A certificate for application involuntary psychiatric admission cannot be used if the exam was done:

Answer 333

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

Question 334

A certificate for involuntary psychiatric admission may not be used if the physician or psychologist who signed (conflict of interest):

Answer 334

1- Has a financial interest in facility being sought

OR

2- Related to the individual by blood or marriage

Question 335

What is a “mental disorder” as related to emergency psychiatric evaluations?

Answer 335

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)

Question 336

For an emergency psychiatric evaluation, does intellectual disability count as a mental disorder?

Answer 336

No

Question 337

What shall a petition for an emergency psychiatric evaluation contain?

Answer 337

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

Question 338

A petition for emergency psychiatric evaluation form shall notify the petitioner that:

Answer 338

1- they may be required to appear in court

2- they make the statements under penalty of perjury

Question 339

Who shall petitioners for emergency psychiatric evaluation give the petition to?

Answer 339

Health care worker: to a peace officer

Lay person: present petition to the court for immediate review

Question 340

Review by the court of a petition by a lay person for an emergency psychiatric evaluation shall have one of two outcomes:

Answer 340

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.

Question 341

True or False: Unless other court-ordered, a parent with or without physical custody can access medical, dental, and educational records.

Answer 341

True

Question 342

What are requirements related to “concealment of records and reports” and what is associated penalty?

Answer 342

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)

Question 343

Unless adult patient is notified, at what point may a medical record or laboratory/X-ray report about a patient be destroyed?

Answer 343

5 years after the record or report is made

Question 344

At what point may a medical record or laboratory/X-ray report about a minor patient be destroyed?

Answer 344

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))

Question 345

Notice of destruction of medical records/lab/X-ray reports shall be made:

Answer 345

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

Question 346

Upon retirement, surrender of license, discontinuance of practice, or death of a provider, how are records/reports handled?

Answer 346

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

Question 347

Can a health care provider or other person be held liable for knowingly violating provisions related to altering, maintaining and destroying medical records?

Answer 347

Yes, can be held liable for actual damages

Question 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?

Answer 348

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

Question 349

“License” means all or any part of permission that:

Answer 349

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.

Question 350

“Unit”

Answer 350

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

Question 351

If, at least two calendar weeks before expiration, a licensee make sufficient application for renewal, a license does not expire until:

Answer 351

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

Question 352

What must be provided to a licensee prior to a unit suspending or revoking a license?

Answer 352

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)

Question 353

“Directory Information”- Includes and does not include- as related to the Medical Records Act

Answer 353

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

Question 354

“Disclose” or “Disclosure” - as related to the Medical Records Act

Answer 354

Sharing of information in medical record, including acknowledgment that a medical record exists

Question 355

“Emergency”- as related to Medical Records Act

Answer 355

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

Question 356

“General health condition”- as related to Medical Records Act

Answer 356

Health status of a patient describe in terms of (or similar):

-Critical
-Poor
-Fair
-Good
-Excellent

Question 357

“Health care”- as related to Medical Records Act

Answer 357

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

Question 358

“Health care provider”- as related to Medical Records Act

Answer 358

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

Question 359

“Medical record”- as related to Medical Records Act

Answer 359

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

Question 360

“Mental health services”- as related to Medical Records Act

Answer 360

Health rendered to a recipient primarily in connection with the diagnosis, evaluation, treatment, case management, or rehabilitation of any mental disorder.

Question 361

“Person in interest”- as related to Medical Records Act (6 kinds)

Answer 361

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

Question 362

“Primary provider of mental health services”- as related to Medical Records Act

Answer 362

1- Has primary responsibility for the development of the mental health treatment plan for the recipient

2- Is actively involved in providing that treatment

Question 363

Confidentiality, as related to Medical Records Act, does not apply to (3 things):

Answer 363

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

Question 364

True or False: A health care provider CAN disclose directory information.

Answer 364

True

Question 365

True or False: A patient can deny, in writing, disclosure of directory information

Answer 365

True

Question 366

Can a person to whom a medical record has been disclosed then redisclose it?- as related to Medical Records Act

Answer 366

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

Question 367

Parameters of transfer of records relating to transfer of ownership of health care practice/facility

Answer 367

1- May not disclose records by sale, rental, or barter

2- Can transfer files with the ethical guidelines of practice/facility ownership transfer

Question 368

From what kinds of medical care electronic claims clearinghouses may a payor accept claims?

Answer 368

1- Accredited by the Electronic Healthcare Network Accreditation Commission

2- Certified by the Maryland Health Care Commission

Question 369

Requirements for disclosure authorization- - as related to Medical Records Act

Answer 369

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

Question 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.

Answer 370

True

Question 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

Answer 371

True

Question 372

Revocation of authorization- as related to Medical Records Act

Answer 372

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

Question 373

A copy of the following shall be entered in the medical record of a patient/recipient (as related to consent/disclosure):

Answer 373

1- A written authorization

2- Any action taken in response to an authorization

3- Any revocation of an authorization

Question 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:

Answer 374

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

Question 375

Changes in record- as related to Medical Records Act

Answer 375

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

Question 376

Refusal to make changes in record- as related to Medical Records Act

Answer 376

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

Question 377

If a change or refusal to change record is made, provider shall give notice (as related to Medical Records Act)

Answer 377

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

Question 378

Which act has information about payment for copies of records?

Answer 378

Medical Records Act- Duty to Hold confidential and Duty to Disclose a Medical Record

Question 379

To whom may a health care provider disclose a medical record without authorization of the person in interest? (10 groups)

Answer 379

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

Question 380

Under provisions of State law regarding confidentiality, Montgomery County Department of Health and Human Services is considered:

Answer 380

1 agency

Question 381

“Compulsory Process”- as related to Medical Records Act

Answer 381

Includes subpoena, summons, warrant, or court order that appears on its face to have been issued on lawful authority

Question 382

In which article and section can Disclosures without authorization of person in interest - Investigations be found?

Answer 382

Section 4-306 of Medical Records Act

Question 383

In which section/article can “Disclosure of mental health records” be found?

Answer 383

Section 4-307 of Medical Records Act

Question 384

“Case management”- as related to Medical Records Act

Answer 384

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.

Question 385

“Core service agency”- as related to Medical Records Act

Answer 385

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

Question 386

“Director”- as related to Medical Records Act

Answer 386

Director of the Mental Hygiene Administration, or the designee of the Director

Question 387

“Personal note”

Answer 387

-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

Question 388

True or False: A personal note is discoverable or admissible in court.

Answer 388

False- Except as provided in subsection (d)(3), personal notes are not discoverable or admissible as evidence in any criminal, civil, or administrative action

Question 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:

Answer 389

-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

Question 390

Regulation for Disclosure related to psychological tests

Answer 390

Medical Records Acts 4-307 (e)

Question 391

Refusal to disclose records- Penalties as related to the Medical Records Act

Answer 391

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

Question 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

Answer 392

False

Question 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):

Answer 393

1- Requests or obtains a medical record under false pretenses or through deception; or,

2- Discloses a medical record in violation of “this subtitle”

Question 394

Penalty for knowing/willfully violating any provision of the “this subtitle” (Medical Records Act - Criminal Penalities)

Answer 394

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

Question 395

Fraudulent obtaining of records; wrongful disclosure of records (Criminal penalties/fines)

Answer 395

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)

Question 396

Civil Penalties for someone knowing/willfully violating any provision of the “this subtitle” (Medical Records Act)

Answer 396

Health care provider or anyone is liable for actual damages