Oregon Jurisprudence Exam July 2013 Flashcards

2
Q

Privilege

A

The legal right to confidentiality

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3
Q

Privilege is claimed by… (p.1)

A
  1. Patient
  2. Guardian or Conservator
  3. Personal Representative of the Deceased
  4. Therapist on Behalf of the Patient

PGRT (Mnemonic)

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4
Q

Limits to Privilege (p. 1)

A
  1. Judge ordered exam or evaluation
  2. Mental condition is part of a defense
  3. Mental condition is part of a defense after DEATH
  4. Communication is needed for involuntary commitment
  5. HIPAA
  6. 179505 (Section 12)
  7. Intent Crime Law 40.252
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5
Q

Confidential Communications (p. 1)

A
  1. Made for the purposes of Dx or Tx of mental or emotional condition.
  2. Not intended to be disclosed to 3rd person.
  3. Privileged under Oregon Law.
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6
Q

Holder of Privilege

A

Patient

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7
Q

Disclosure of Written Accounts by Health Care Services Provider-**ORS 179.505-Section 12 **(p. 17)

A
  1. Information obtained in the course of Dx, evaluation, or Tx, which in the professional judgment of provider indicates a CLEAR AND IMMEDIATE DANGER TO OTHERS OR TO SOCIETY may be reported to the appropriate authority.
  2. Decision NOT to disclose information shall not subject the provider to civil liability.
  3. Provider = a provider in a public agency.
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8
Q

Decision NOT to Disclose (p. 17)

A

Decision not to disclose information shall NOT subject the provider to civil liability.

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9
Q

Provider - ORS 179.505 - Section 12 (p. 15)

A
  1. Public Agency
  2. Publicly Operated Institution
  3. Private Organization that operates as a Community Mental Health (CMH) provider
  4. Contracter of the DHS

In short, “public provider or therapist”

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10
Q

3.04 Avoiding Harm (APA, 2002, p. 58)

A

Psychologists take reasonable steps to avoid harming their patients or clients, research participants, students, and others with whom they work, and to minimize harm where it is foreseeable and unavoidable.

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11
Q

4.05 Disclosures (APA, 2002, p. 61)

A

Psychologists disclose confidential information without the consent of the individual only as mandated by law, or where permitted by law for valid purposes, such as:

  1. Provide needed professional service to patient, individual, or organizational client.
  2. Obtain professional consultations.
  3. Protect patient or others from harm.
  4. Obtain payment for services (limited to the minimum that is necessary to achieve that purpose).
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12
Q

Patient Records (Release of Information) - 179.505 Section 3 (p. 15)

A
  • Patient MUST give WRITTEN informed consent for records to be released.
  • Consent must be:
  1. Written
  2. Signed
  3. Dated
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13
Q

Release of Information Includes… (p. 15)

A
  1. Name of provider who this information is going to.
  2. Name of patient.
  3. Extent and nature of information to be disclosed.
  4. Statement that consent can be revoked at any time.
  5. Expiration data of consent.
  6. Signature of patient or representative.
  7. Date of signature.
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14
Q

Release of Information without Consent-179.505 Section 4 (p. 16)

A
  1. Medical emergency (SI, HI, Involuntary hospitalization).
  2. Peer review, research, or fiscal audits.
  3. Governmental agencies to secure payment.
  4. Within a department.
  5. HIPAA related disclosures (Tx, Payment, & Health Care Operations)
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15
Q

Limitations of Record Release

A

Confidentiality limited by Oregon Law 179.505:

  1. Information obtained in the course of Dx, evaluation, or Tx, which in the professional judgment of provider indicates a CLEAR AND IMMEDIATE DANGER TO OTHERS OR TO SOCIETY may be reported to the appropriate authority.
  2. Can apply to patient records.
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16
Q

Refusal to Release Patient Records (p. 17)

A

Provider can refuse to release information if it would constitute an immediate and grave detriment to the Tx of the patient.

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17
Q

Access to Records-ORS 179.505 Section 14 (p. 17)

A

Persons granted access to written records of a patient shall not disclose the contents of those records to any other person except as allowed by law.

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18
Q

4.06 Consultations (APA, 2002, p. 61)

A

When consulting with colleagues:

  1. Do not disclose confidential information that reasonably could lead to the ID of the client/patient, research participant unless they have obtained prior consent or the disclosure cannot be avoided, and;
  2. Disclose information only to the extent necessary.
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19
Q

Rights of Individual & Person Wanting to Review Records

A
  1. Must be weighed between both parties.
  2. Both rights may be limited, but ONLY to the BENEFIT OF THE CLIENT.
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20
Q

Record Keeping (Private Practitioners)

A

Encouraged to:

  1. Adopt voluntary guidelines that will grant patients access to own medical records.
  2. Preserve them from unnecessary disclosure.
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21
Q

Covered Entities (HIPAA)

A
  1. Must abide by HIPAA regulations.
  2. Covered entities include:
  • Health Plans
  • Health Care Clearinghouses
  • Health Care Providers

…that transmit health information in electronic form in connection with a HIPAA standardized transaction.

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22
Q

Disclosures Injurious to the Patient

A

Provider can withhold records or provide a summary.

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23
Q

Confidential Information in Databases (APA, 2002, p. 62)

6.02 Maintenance, Dissemination, and Disposal of Confidential Records of Professional and Scientific Work

A
  1. Information in databases or record systems should be coded to avoid personal identifiers.
  2. If research protocol requires the use of personal identifiers, these labels should be removed before information is made accessible to outside people.
  3. If deletion is not possible, consent from patient is sought.
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24
Q

Preserving Records and Data (OAR 858.010.0060, p. 35)

A
  1. Psychologist arranges in advance for the protection of confidential records and data in the event of their death, incapacity, or withdrawal from practice.
  2. Records are double-locked, or protected with a password on a computer.
  3. Records kept for 7 years in OAR 858.010.0060.
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25
Q

Preserving Records (APA, 2002)

A

In the absence of a superseding requirement, psychologists may consider retaining full records until:

  • 7 years after the last date of service delivery for adults, OR
  • 3 years after a minor reaches the age of majority, whichever is later.
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26
Q

Ownership of Records and Data

A

Psychologists take reasonable and lawful steps so that records and data remain available to the extent needed to serve the best interest of patients.

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27
Q

6.03 Withholding Records for Nonpayment (APA, 2002; p. 63)

A

Psychologists may not withhold records requested and imminently needed for a patient’s Tx solely because of nonpayment, except as provided by law.

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28
Q

Health Insurance Portability and Accountability Act (HIPAA) - ORS 192.518-192.524

A
  • Passed in Oregon in 2003.
  • Oregon is a HIPAA compliant state.
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29
Q

HIPAA Background

A
  • Designed to improve efficiency and effectiveness of the health care system by encouraging the development of standards for the electronic transmission, privacy and security of certain health information.
  • Oregon must comply with HIPAA.
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30
Q

HIPAA (Best Practice & Statutes re: PHI, p. 21)

A
  1. Obtain written consent (one-time at intake) and understand when additional authorization is required.
  2. Patients will be informed of the relevant HIPAA regulations in written form at onset of Tx.
  3. Patients asked to sign a form and a copy will be kept in the medical record.
  4. Relevant HIPAA rules are posted.
  5. Applies to PHI.
  6. Oregon HIPAA compliant state.
  7. Psychologists maintain HIPAA consistent security.
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31
Q

Communications Revealing Intent to Commit Certain Crimes Law ORS 40.252 (p. 2)

A

There is NO privilege if, in the professional judgment of the person receiving the communications, THE COMMUNICATIONS REVEAL A CLEAR AND SERIOUS INTENT at the time of the communications are made to COMMIT A CRIME involving:

  • P=Physical Injury
  • T=Threat to Physical Safety of Any Person
  • S=Sexual Abuse
  • D=Death

PTSD (mnemonic)

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32
Q

If Intent to Commit Certain Crimes are Perceived… (ORS 40.252, p. 2)

A
  1. Person receiving the communications makes a report.
  2. Issues Include:
    • This is NOT a Duty to Report, NOR a Duty to Warn.
    • The person who discloses (psychologist) is immune from civil liability, if
      • S/he reports, OR
      • S/he does NOT report
  3. It is NOT stated to whom one reports.
  4. It need not be due to mental illness.
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33
Q

Tarasoff Standard (Definition)

A

Where there is a clear and immediate threat of serious harm to an IDENTIFIABLE victim, a therapist has a DUTY TO WARN the intended victim.

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34
Q

Tarasoff Standard (Oregon)

A

Oregon has neither ADOPTED NOR REJECTED the Tarasoff Standard.

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35
Q

Tarasoff Standard and Relationship to Oregon Law - ORS 179.505

A

For public providers, Oregon statute ORS 179.505 (section 12) ALLOWS therapists to report to appropriate authorities:

  1. Information obtained in the course of Dx, evaluation, or Tx, which in the professional judgment of provider indicates a CLEAR AND IMMEDIATE DANGER TO OTHERS OR TO SOCIETY may be reported to the appropriate authority.
  2. Decision not to disclose information shall not subject the provider to civil liablity.
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36
Q

Tarasoff Standard and Relationship to Oregon Law - 40.252 Rule 504-5

A

The Communications Revealing Intent to Commit Certain Crimes Law ORS 40.252 ALLOWS therapists to report to appropriate authorities:

  • If in the professional judgment of the person receiving the communications, THE COMMUNICATIONS REVEAL A CLEAR AND SERIOUS INTENT at the time of the communications are made to COMMIT A CRIME INVOLVING:
    • P=Physical Injury
    • T=Threat to Physical Safety of Any Person
    • S=Sexual Abuse
    • D=Death
37
Q

ORS 179.505 (section 12), Oregon Law 40.252 Rule 504-5, & APA Ethical Guidelines (2002)

A

Combining these 2 Oregon statutes & APA Ethical Guidelines “protect your client and others from harm”, a psychologist MAY disclose relevant information to authorities.

38
Q

Child Abuse (Defined) - ORS 419B.005-419B.050 (p. 27)

A
  • P=Physical Harm, assault
  • M=Mental harm
  • S=Sexual Abuse & exploitation
    • rape of child
    • photographing child sex acts/allowing children to view sex acts
    • child prostitution
  • N=Neglect
    • endangering the health & welfare of a child
  • T=Threatening to harm child
  • B=Buying/selling a child
  • M=Permitting child to remain in location where methamphetamines are manufactured
  • D=Unlawful explosure to controlled substance that subjects child to substantial risk of harm to child’s health/safety

PMS NTB MD (mnemonic)

39
Q

Child (defined, p. 27)

A

An unmarried person under the age of 18

40
Q

Reporting Abuse - ORS 419B.010 - Non-clients (p. 28)

A

“Any public or private official who has REASONABLE CAUSE TO BELIEVE that any child with whom the official comes in contact has suffered abuse or that any person with whom the official comes in contact has abused a child shall IMMEDIATELY report or cause a report to be made in the manner required…”

  1. Must report to DHS, their designee, or law enforcement in non-confidential situations.
  2. Failure to make a report is a CLASS A violation.
41
Q

Reporting Abuse - ORS 419B.010-Clients (p. 29)

A

Nothing contained in ORS 40.225-40.295 shall affect the duty to report imposed by this section, except that a Psychiatrist, PSYCHOLOGIST, Clergyman, or Attorney shall NOT be required to report such information if communication by a person if the communication is privileged.

42
Q

Reporting Abuse - ORS 40.225-40.295 - Privileged Situations

A
  1. Psychologists are not required to report information learned of in a privileged communication.
  2. APA Ethical Guidelines recognize that a psychologist may be required to act to prevent harm to his or her patient or others.
  3. Other laws may apply:
    • 179.505 (section 12)
    • Crime Intent Law 40.252 Rule 504-5
  4. In Oregon Law, if Psychologist reports child abuse in GOOD FAITH, s/he is immune from civil/criminal liability.
43
Q

Reporting Child Abuse - In Good Faith

A

In Oregon Law, if Psychologist reports child abuse in GOOD FAITH, s/he is immune from civil/criminal liability.

44
Q

Conflict Between State Law & APA Ethical Guidelines

A
  • There is an interaction and, at times, a conflict between Oregon Statutes and Ethics:
    • APA Ethical Guidelines may establish a higher standard of conduct than Oregon Law:
    1. APA Ethical Guidelines recognize that a Psychologist MAY act to PREVENT harm to her patients and others (3.04 & 4.05).
45
Q

Elder Abuse (Defined, p. 5)

A
  • P=Physical Injury
  • A=Abandonment
  • W=Willful infliction of physical pain or injury
  • N=Neglect
    • Endangering the health or welfare of the elderly person
  • C=An act that constitutes a crime
  • $=Wrongfully taking money or property

** PAWN C$**

46
Q

Reporting Elder Abuse (ORS 124.050-124.095)

A
  1. An elderly person is 65 or older.
  2. Psychologists are listed as mandated reporters of elder abuse:
  • As a public official who comes in contact with elders in the performance of the official’s duty.
  • “Any public or private official who has REASONABLE CAUSE TO BELIEVE that any person 65 or older with whom the official comes in contact, while acting in an official capacity, has suffered abuse or that any person with whom the official comes in contact while acting in an official capacity has abused an elder person shall report or cause a report to be made.”
  • Abuse is reported to the DHS or to law enforcement.
  • There are exceptions in privileged communication.
47
Q

Exceptions to Reporting Elder Abuse

A
  1. Psychologists are NOT required to report information learned of in a privileged communication.
  2. However, the APA Ethical Guidelines recognize that a psychologist MAY be required to act to prevent harm to his or her patient or others.
  3. Other Oregon Laws that may apply:
  • 179.505 (section 12)
  • Criminal Intent Law (40.252 Rule 504-5)
48
Q

Mentally Ill or Developmentally Disabled (MIDD) Adult Abuse (Defined, p. 79)

A

D=Death

  • P=Physical Injury
  • A=Abandonment
  • W=Willful infliction of physical pain or injury
  • N=Neglect
  • S=Sexual abuse (harassment or exploitation)
  • F=Financial Exploitation
  • I=Involuntary Seclusion
  • R=Restraint
  • C=Crime
  • V=Verbal Abuse

PAWNS FIRC V (Mnemonic)

49
Q

Reporting MIDD Abuse (ORS 430.735-430.765; p. 85)

A
  1. An MIDD person is 18 or older who is mentally ill or developmentally disabled and receives services from a community program or facility.
  2. Psychologists are listed as mandated reporters:
  3. As a public official who comes in contact with adults in the performance of the official’s duty:
  • “Any public or private official who has REASONABLE CAUSE TO BELIEVE that any adult with whom the official comes in contact, while acting in an official capacity, has suffered abuse or that any person with whom the official comes in contact while acting in an official capacity has abused an adult person shall report or cause a report to be made.”
  • Abuse is reported to the DHS or to law enforcement.
  • There are exceptions in privileged communication.
50
Q

Exceptions to Reporting MIDD Abuse

A
  1. Psychologists are NOT required to report information learned of in a privileged communication.
  2. However, the APA Ethical Guidelines recognize that a psychologist MAY be required to act to prevent harm to his or her patient or others.
  3. Other Oregon Laws that may apply:
    • 179.505 (section 12)
    • Criminal Intent Law (40.252 Rule 504-5)
  4. Under Oregon Law, if a psychologist reports MIDD Abuse in GOOD FAITH, s/he is immune from civil and criminal liability.
51
Q

Link between Animal Abuse, Domestic Violence, and Child Abuse

A

Oregon Law states that “…there is a clear link between animal cruelty and crimes of domestic violence, including child abuse.”

52
Q

Aggravated Animal Abuse in the 1st Degree

A
  • This crime is committed if the person:
  1. Maliciously kills an animal; or
  2. Intentionally or knowingly tortures an animal
  • Class C Felony
53
Q

Aggravated Animal Abuse (Maliciously Defined)

A

Maliciously means intentionally acting with a depravity of mind and reckless and wanton disregard of life.

54
Q

Aggravated Animal Abuse (Torture Defined)

A

Torture means an action taken for the primary purpose of inflicting pain.

55
Q

Aggravated Animal Abuse Does NOT Include

A

Good animal husbandry, as defined by ORS 167.310

56
Q

Reporting of Aggravated Animal Abuse (ORS 609.654; p. 88)

A
  1. Psychologists MAY report Aggravated Animal Abuse.
  2. Define Conditions:
    • Reasonable Cause to Believe
    • Has come in contact with the abused/abuser
  3. Report to Law Enforcement
    • Any city or municipal police department,
    • Any county sheriff’s office,
    • The Oregon State Police,
    • A law enforcement division of a county or municipal animal control agency that employs sworn officers.
57
Q

Mentally Ill Person (Defined) ORS 426.005 (p. 43)

A

A person who, because of a mental disorder, is one or more of the following:

  1. Dangerous to self or others.
  2. Unable to provide for basic personal needs and is not receiving such care as is necessary for health or safety.
  3. A person who has any of the following characteristics:
    • Is chronically mentally ill (CMI) as defined by ORS 426.495.
    • Within the previous 3 years, has been placed in 2X in a hospital or approved inpatient facility by the department.
    • Is exhibiting symptoms or behavior substantially similar to those that preceded and led to 1 or more of the hospitalizations or inpatient placements.
    • Unless treated, will continue, to a reasonable medical probability, to physically or mentally deteriorate so that the person will become 1 or 2 above.
58
Q

Chronically Mentally Ill Person (Defined) ORS 426.495 (missing from packet)

A
  1. 18 years or older.
  2. Diagnosed by a Psychiatrist, a Licensed Clinical Psychologist or a non-medical examiner certified by the DHS as suffering from chronic Schizophrenia, a chronic Major Affective Disorder, a chronic Paranoid Disorder, or another chronic Psychotic Mental Disorder other than those caused by substance abuse.
59
Q

Civil Commitment of Mentally Ill Persons (General Guidelines)

A

General Guidelines:

  1. Least Restrictive Environment:
    • Contract for safety.
    • Pursue increased # of outpatient sessions.
    • Increase phone sessions, use family support, help phone lines.
    • Pursue voluntary hospitalization first.
  2. Outline reasons/needs for involuntary hospitalization clearly.
  3. Include only germane information.
  4. Always consider the best interest of the patient.
  5. If the hospitalization is voluntary the patient cannot be held more than 72 hours.
  6. Psychologists **MAY **withhold information which is not related to the commitment or constitues a danger to another person.
  7. Person is usually transported by a sheriff, police, or a person designated by the community mental health program.
  8. If there are medical issues, an ambulance can transport.
  9. Focus on the safety of the patient and others, including the therapist and staff.
60
Q

Involuntary Civil Commitment-ORS 426.070 - Procedures (p. 44)

A
  1. Initiated by (ORS 426.070):
    • County Health Officer
    • Any 2 persons filing papers in court (typically the psychologist and ER Doctor).
    • Court Magistrate
  2. Transport is provided by police or ambulance (if medical emergency)
  3. After papers are filed, CMH Program Director sends out a Mental Health Investigator who advises judge whether or not to hold a hearing.
61
Q

Involuntary Civil Commitment-ORS 426.070 - Timeframes (p. 46)

A

Investigation:

  1. If person remains in community, up to 15 days to complete investigation, but must be told about it within 3 days per 426.074.
  2. If person is being held, 5 days are allowed to complete the investigation ORS 426.210.

After Admission:

  1. An examiniation of mental condition must begin 48 hours after admission ORS 426.200.
  2. If further hospitalization is necessary, 48 hours after determining this, either a signed application for voluntary admission is needed or involuntary commitment.
  3. Person can be held 3 days prior to being sent into a 14-day period of intensive treatment.
  4. A person admitted for voluntary admission cannot be detained more than 72 hours of giving notice of their wish for discharge ORS 426.217.
62
Q

Involuntary Civil Commitment-ORS 426.070 - Length of Commitment (p. 53)

A
  1. If committed to outpatient or inpatient Tx, a person can be held up to 180 days, and then can be recommitted or changed to voluntary status.
  2. Patient can appeal recommitment within 14 days (of the 180 day deadline).
  3. If the person does NOT appeal the commitment, it can be continued for an indefinite period of time up to 180 days (ORS 426.301 - section 3c).
63
Q

Involuntary Commitment (Types)

A
  1. Civil Involuntary
  2. Guilty (except for Insanity)
  3. Fitness for Trial (Competence)
  4. Sexually Dangerous
  5. Guardian-recommended (if Guardian has a right to do so)
64
Q

Emergency Commitment of Certain Native Americans ORS 426.180 (P. 56)

A
  1. This section of the law addresses emergency commitments of a person from a reservation for land-based tribes of Native Americans when, under federal law, the state does not have jurisdiction of commitments on the reservation.
    • Essentially, it allows commitment similar to state law.
65
Q

Rights of Minors ORS 109.610-109.695 (Right to Dx and Tx; p. 3)

A
  1. Without parental consent at age 14.
  2. For mental/emotional diosrders or chemical dependency (excluding methadone maintenance).
  3. Attempt to involve parents before the end of Tx (“shall have parents involved before the end of tx.”) unless:
    • Parents refuse to be involved.
    • A child who has been sexually abused by the parent.
    • An emancipated minor by law.
    • A child who has been self-sustaining for 90 days prior to tx.
    • Other clear indications that parents should not be involved, related to “best interest of client.
  4. Psychologist may advise parents whenever disclosure is clinically appropriate and will serve the best interests of the minor’s tx.
  5. Disclosure of tx to parent can be made without minor’s consent if:
    • Disclosure is clinically appropriate and will serve the minor’s best interest because:
      • Deterioration has occurred.
      • Suicide risk has increased to the point inpatient care is needed.
      • Detox is required at a residential or acute care facility.
    • Practitioner is NOT civilly liable for this disclosure.
    • Practitioner also CANNOT be sued by the parents for providing care in GOOD FAITH.
    • Parents who do not give consent CANNOT be obligated to pay for services.
66
Q

Rights of Minors ORS 109.610-109.695 (Informed Consent & Assent)

A

For all Tx of minors with the parents’ participation, psychologists seek assent from the minor.

67
Q

Authority of Parent When Other Parent Granted Sole Custody of Child (ORS 107.154; p. 2)

A
  1. Non-custodial parents have equal access to Tx and records, as does the custodial parent.
  2. Consent of 1 parent is not enough, if:
    • You know the consenting parent does not have authority for Tx decisions in the divorce decree.
    • The other parent expresses reservations about Tx.
  3. Safest route in a divorce situation is to obtain a copy of the divorce decree and custody agreement.
68
Q

Placement of Child or Ward (ORS 419B.195; p. 39)

A
  1. If the court finds that a child is in need of placement in substitute care, there shall be a preference given to a placement with relatives and persons who have a child-parent relationship with the child.
  2. The DHS shall consider:
    • Ability of person(s) to provide safety; ability to cooperate with any restrictions on contact between the child and others; ability to prevent anyone from influencing the child in re: to the case.
    • Ability of the person to support the efforts of the DHS.
    • Ability of the person to meet the child’s physical, emotional, and educational needs.
    • Which person has the closest relationship with the child, if more than one person requests to have placement.
    • Where appropriate, the Indian Child Welfare Act will be followed.
69
Q

Court Appointed Counsel for Children (ORS 419.B.195; p. 39)

A
  1. If the child, parent, or guardian requests counsel for the child but is w/o sufficient financial means, the court may appoint suitable counsel to represent the child.
  2. Upon appointment of an attorney, various persons and organizations, including psychologists shall permit the attorney to inspect and copy any records of the child or children involved in the case, w/o the consent of the child, children, or parents.
70
Q

Sexually Dangerous Persons (Defined; p. 76)

A

Sexually dangerous person means a person who because of repeated or compulsive acts of misconduct in sexual matters, or because of a mental disease or defect, is deemed likely to continue to perform such acts and be a danger to other persons.

71
Q

Sexually Dangerous Persons (Voluntary Admission to State Institution; p. 76)

A
  1. A state institution may admit and hospitalize a patient over the age of 18 in need of medical or mental therapeutic tx as a sexually dangerous person who voluntarily has made a written application for such admission.
  2. Persons under the age of 18 need permission from a Guardian or Parent.
72
Q

Sexually Dangerous Persons (Tx Programs; p. 77)

A
  1. DHS may establish Tx programs either separately within:
    • An existing Department of Corrections,
    • DHS institution, or
    • Specified and approved sites in the community.
73
Q

Sexually Dangerous Persons (Other Rules; p. 77)

A
  1. Statutes provide for:
    • Determination of sexually dangerous persons, hearing, and sentencing rules.
    • Rules for trial visits for probationer.
74
Q

Worker’s Compensation (Privilege)

A
  1. Filing a worker’s compensation claim waives the privilege for all relevant records, if the client is seeing you for a worker’s comp evaluation.
  2. Client gives written consent for the evaluation.
75
Q

Immunity

A

Civil Immunity for GOOD FAITH reporting

76
Q

Continuing Education Administrative Rules (858.040.0015; p. 45)

A

Amount

  1. 50 CE’s in 2 consecutive calendar years are required.
    • 4 CE’s in Ethics every 2 years.
    • 7 CE’s for Pain Management (1 of these online) once in a lifetime.
    • CE’s are needed to maintain competence.
  2. If licensed < 2 years, 25 CE’s needed.

Policy

  1. Qualified programs are formal programs which contribute directly to the professional competence of the licensee.

Subject Matter

  1. Primarily substantive psychological issues, skills, or laws, rules and ethical standards.

Program Prerequisites

  1. A description of the program is prepared in advance.
  2. A record of attendance is maintained.
  3. Program conducted by a qualified instructor or leader.
77
Q

Continuing Education (Qualified Programs; p. 47)

A
  1. Substantive professional development programs of recognized mental health organizations.
  2. College courses
    • Credit courses and short non-credit courses
  3. Formally organized work place education programs
  4. Study groups that meet requirements:
    • At least 3 other Psychologists or Mental Health Professionals attend
    • Syllabus of meeting dates and topics
    • Attendance at each meeting
    • Recorder of minutes
  5. Supervision or consultation for a fee
  6. Home Study
  7. Credit as a lecturer (voluntary and unpaid)
  8. Publications (e.g., articles, books)
78
Q

Continuing Education (CE Credits; p. 48)

A
  1. Home study & study groups, combined cannot account for more than 25 credit hours.
  2. Lectures and published material cannot account for more than 25 credit hours.
    • An instructor, discussion leader, or speaker shall be given 2 hours for preparation for each hour of presentation time and 1 hour for each hour of presentation time.
79
Q

2.01 Boundaries of Competence (APA Ethical Guidelines)

A
  1. Psychologists recognize the boundaries of their competence and limitations of their expertise.
  2. Psychologists use all appropriate resources to maintain areas of competence.
  3. In addition to continuing education, psychologists may seek consultation, supervision, training, or engage in additional area of study to build competence.
  4. In emerging areas wihtout generally recognized standards for training, psychologists take reasonable steps to ensure the competence of their work and to protect patients, clients, students, research participants, and others from harm.
80
Q

Duty to Report Law (ORS 676.110-676.992; p. 92)

A
  1. Law passed in 2009 requiring licensees to report “prohibited or unprofessional conduct” of other health licensees to their professional licensing boards within 10 days.
  2. Does not prescribe any particular method for reporting. A phone call, fax, email, or letter would all be acceptable methods of reporting to the appropriate health regulatory board.
  3. Four areas:
    • Criminal Conduct
    • Unprofessional Conduct
    • Confidentiality
    • Self-Reporting
81
Q

Duty to Report Law-Criminal Conduct (p. 92)

A
  1. Under these provisions, a psychologist who believes a medical Doctor, Licensed Massage Therapist, or a Physical Therapist (for example) is violating that profession’s laws or rules, would be required to make a report directly to that health regulatory board.
  2. There is a list of all health regulatory boards on the OBPE website under Links.
  3. The new law requires reporting conduct that constitutes:
    • A criminal act against a patient or client; or
    • A criminal act that creates a risk of harm to a patient or client.
82
Q

Duty to Report Law-Unprofessional Conduct (p. 92)

A
  1. Licensees must also report “unprofessional conduct.”
  2. In general, unprofessional conduct is defined as:
    • “Conduct unbecoming a licensee or detrimental to the best interests of the public,”
    • “Conduct contrary to recognized standards of ethics,”
    • “Conduct that endangers the health, safety, or welfare of a patient or client.”
83
Q

Duty to Report Law-Confidentiality

A
  1. If the other health professional is the psychologist’s patient/client AND the reportable information was obtained during a therapy session, the information would be subject to confidentiality laws and should NOT be reported.
  2. If the patient or client reveals a plan to “ commit a crime involving Physical Injury, Threat to the Physical Safety of Any Person, Sexual Abuse, or Death (PTSD),” the treating psychologist MAY make a report.
84
Q

Duty to Report Law-Self-Reporting (p. 92)

A
  1. Requires licensees to report any arrest for, or conviction of, a felony offense to the OBPE within 10 days.
  2. Licensees must also report a conviction of a misdemeanor offense to the OBPE within 10 days.
  3. Failure to promptly report could result in disciplinary action.
  4. During the 2010 renewal process, OBPE began requiring licensees to report criminal convictions or pending adjudications.
    • Those answering in the affirmative would be subject to further inquiry by the Board.
    • They would not necessarily be the subject of a complaint.
85
Q

Duty to Report (Conflict with State Law and Ethical Guidelines)

A
  1. Ethical complains require an informal resolution (if appropriate), but state law requires a report.
  2. Given the two inconsistencies, psychologists should 1st contact colleague they have a concern about and then report to the OBPE.
86
Q
A