Part II - Title 10 Flashcards
What law gives the Board of Examiners authority to promulgate regulations in Title 10?
Title 18
What is the citation that codifies into law the various definitions used in Title 10, and details procedures used by the BoE?
Title 10.36.01 or the first chapter of Title 10, Subtitle 36
What are
actiivities and services?”
Performing the psychological activities or services that are required tx for completing the program in psych (grad school)
10.36.01.01
What is an “applicant”
An individual seeking a license or registration to practice psychology in MD.
10.36.01.01
What is the “central repository?”
The Criminal Justice Information System Central Repository of the Dept of Public Safety and Correctional Services. Separate from “crim hx records check”
10.36.01.01
What is “criminal history records check?”
Means the performance of both a State criminal hx check by the Central Repository and a national criminal hx by the FBI
10.36.01.01
What is the “criminal history records info?”
Means info provided by the criminal history records check re: an applicant’’s criminal arrests, charges, convictions, and the disposition of other pending criminal charges.
10.36.01.01
What is a “fellow?”
An individual who has obtained the doctoral degree in psychology, and is gaining additional tx and experience in a post doc in psych.
“Fellow” includes the term “resident” - Only used by those in a formal post-doctoral fellowship program (i.e., noot for those doing post-internship year of SV’ed experience in private practice)
10.36.01.01
What is an “intern?”
An individual who is matriculated in a doctoral degree program in psych and fulfilling program requirements by completing a pre-doctoral internship program in psych
10.36.01.01
What is a “practice-oriented program?”
A clinical, counseling, or school psychology program, or combination thereof, or a re-specialization program.
10.36.01.01
How long does the Board have to review apps for licensure?
15 days. Apps must be notarized and accompanied by fee, and includes answers to questions, documentation of SV experience, attenstations of SV exp, official transcripts of all post-bac studies, EPPP score, crim hx records check. –? Exam fee
10.36.01.02
What sort of education is required for licensure?
§18-101(c): APA accredited or among those listed by ASPPB, Natl Reg of HSP, or those that meet 1977 requirement
10.36.01.03
How many years of supervised professional exp is necessary?
2 years (3250 hours min); 75% SV by psol that is licensend or exept, student SV
Practice-oriented v. non
10.36.01.04
What can non-practice-oriented applicants do for supervised experience?
teaching, research, and I/O consulting, w/1 hr of F2F SV per week.
10.36.01.04-1
What must practice-oriented applicants do for supervised exp?
3250 hours via pre-internship (externships), internship, pre-doctoral/post-internship (ABD), post-doctoral exp.
Must be structured w/ 2 hrs of F2F SV for every 20 hrs, and 2 hours of other learning activities per week.
Internship = 1750 hours of SV’ed exp that must be completed within 24 mo, accredited by APA, CPA or APPIC
10.36.01.04-2
Are post-docs required?
Post-docs are required if an applicant has not completed 3250 hours of pre-doc exp. Post-docs can be max of 1500 hrs. Must use titles of “psych resident,” “intern,” or “psych supervisee.” Must have 1 hr of F2F SV for every 20 hours.
10.36.01.04-3
What do out-of-state applicants have to do
Write a statement justifying how a MD licensure will serve the interests of the State’s residents
10.36.01.05
What exams are required for licensure or registration?
EPPP + MD Exam
EPPP: Scaled score 500 (70%) for 2002 and after [or 73% before 2002).
MD: 75%
10.36.01.06
What are the 2 exemptions from the requirement to be licensed to practice psych in MD?
1) Students, interns, residnets, and fellows in psychology practicing under the license of their SV only in the tx settin.g Only use title of Psych Student/Intern, etc.
2) Certain psols licensed in other states who have their app to sit for exam accepted by the board. Can practice until exam results are made public. If they pass, they are licensed in MD. If they fail, the exemption expries and must cease practice. (Can apply to be Psych Assoc)
10.36.01.07
When does your license need to be renewed?
By Mar 31, every 2 years.
Why might one want to put their license on inactive status? How do you get it renewed after?
Stopping practice in MD for a period of time vs. letting it lapse/start over.
To reactivate, submit app, fee, and proof CE req for most recent 2-year cycle.
10.36.01.09
If the Board revokes your license/registration, how long before you can request for reinstatement?
5 years from date the license was revoked.
10.36.01.10
How often must the Board meet?
6 times per Title 10, whereas only 1 per Title 18. Former is higher standard.
19.36.01.11
What does the Board need to 1x/year?
Submit an annual report to the Sec of Health
10.36.01.12
What is the Board’s role and mission?
Ensure psols do at least the minimum to maintain their competence and not harm consumers. Cont ed is viewed as being of vital importance.
What does “approved program” mean?
An activity by an authorized sponsor?
10.36.02.02
What does “activity” mean under continuing ed or 10.36.02.02?
Any authoring, editing, learning, presenting, program developing, reviewing or teaching which meets the objectives of continuing ed
“Approved program”
Activity by an authorized sponsor
“Authorized sponsor”
An individual or org whose programs are accepted by the Board as CE activity
“Board”
Board of Examiners of Psols
“CE”
Learning exp that:
1) Prof activities beyond that req for lic or registraiton
2) Relevant to psych practice, ed, or science
3) Enable psols/PA to keep pace with emerging issues and tech
4) Allows them to develop, maintain, and increase competencies in order to improve services to the public and enhance contributions to the profession
“Course”
An activity:
1) 1 or more instructors who are experts in the topic and impart knowledge or prof skills by a systematic presentation to participants;
2) That may be offered in person or in real time thru electronic means;
3) That allows for interaction between the leader and the participants or among the participants
“Independent study”
An activity requiring the study of print or e-materials offered by approved sponsors/n ot a course
” Peer consultation group”
Group of psols that meets in person, in a structured and organized manner, and discusses the clinical practice of psol in order to broaden professional knowledge and expertise.
“Reporting period”
2-yr period starting on Apr 1, during which completion of minimum numbers of CE hours is required to renew a lic/reg by Marc 31 following the reporting period.
What are the 4 criteria/goals of CE activities?
1) Maintains the prof competency of psols or PAs
2) Increases the prof skills and knowledge of psols/PAs
3) Prepares psols for new roles or responsibilities in the practice of psol
4) Expands the science of psychological theory, method or practice
10.36.02.03
MUST MEMORIZE
What is excluded from CE activities?
Business meetings, prof committee meetings, and presentations/publications for lay audience
Peer consultation groups can be included.
What are the mandatory CE requirements for psols in hours and types of activities during each 2-year lic renewal cycle?
Min 40 CEs. 20 CEs may be earned from independent study, at least 3 are ethics/MH law/RM, and at least 3 are cultural competence.
10.36.02.04
What documentation of CE must be kept and for what period of time?
Documentation of CE credits includes certificates of attendance, transcripts, reprints of publications, test results, or other proof of completion. It must be kept for a minimum of four years after each reporting period
10.36.02.04
Ware the specific ways psols may earn CE and how many CE are earned for completing each activity?
Total # for scholarly activities: cannot exceed 30 hrs. If activity has more than 1 author or presenter, CE hours are awarded to the first 3 authors.
Authoring, editing, presenting, or reviewing a scholarly publication where: (a) A max of 20 CE hrs for a book; (b) max 15 CE for servicing as an editor/authoir of a chapter; author of journal article; (c) max of 15 CEs for service by editor/assoc editor; (d) 15 hrs for service as an editorial board member.
3 CEs earned for each hour of presentation of the first offering of scholarly papers, seminars, seminars, symposia/workshop w max of 15 CEs
3 for developing/presenting scholarly poster w max of 15
Max 15 for developing/instructing a new graduate level psol course
CEs may be earned for attending courses, symposia, and workshops offered by an authorized sponsor.
10.36.02.04
MUST MEMORIZE
What are the types of Board approved CE activities
Courses, seminars, symposia, or workshops - intended for doctoral level psols, graduate students in psych, and those at equiv levels
Each program must have a stated instructional purpose and defined content area, be presented by professionals qualified in the content area, be one hour in length or more, keep a record of attendance, provide documentation of completion, and require participants to complete an eval of the program.
10.36.02.05
What are the CE requirements for peer consultation groups?
1CE for 7-13 hrs. Shall meet to discuss the clinical practice of psychology; assign a recording sec to keep attendance/brief summary, meet for no less an hour for every session, consist of no fewer than 3 psols and no more than 6
10.36.02.05-1
Who are authorized sponsors for CEs?
APA, APS, AMA, Nat Assoc of SW, Nat Assoc of School Psols, MDH, NIH, + accredited academic institutions
10.36.02.06
What are 2 reasons for denial of a renewal app? What happens in the event of a denial?
1) Did not complet required CEs within the reporting period
2) did not fulfill audit reqs within 30 D
You’ll find out by certified mail, and then you have the options to request a hearing via writing and withing 30 days.
10.36.02.07
What CEs are required for license reactivation or reinstatement?
10.36.02.08
How can CE requirements be modified?
10.36.02.09 Modifications
Make a written request of the Board in advance, provide evidence of d/a or inability to access activities, provide an acceptable CE alternative to the Board, and receive approval.
What are your rights for a contested hearing?
Notice of a hearing 30D in advance w/written notice of charges and date of hearing - delivered in person or by reg/cert mail.
Right to appear in-person, alone or w/counsel
Who may request a prehearing conference and/or a case resolution conference?
The Board may set either or both, upon motion of either party, or on its own motion.
10.36.03.04
What are the goals, objectives, or uses of the prehearing conference?
The prehearing conf may be used (1) to attempt to settle; (2) to prepare for the hearing by delineating the issues, stipulating to facts, laws, and other matters, arranging a schedule, and arranging for the submission of names of witnesses to be called, and the subject matter of testimony to be presented in the hearing.
10.36.03.04
What are the differences between the Discovery on Request?
DoR: by written request served + filed w/Board or Office of Admin Hearings, a party may require another party to produce w/in 15 days: list of witnesses to be called, copies of documents intended to be produced at the hearing or both.
10.36.03.04
What is Mandatory Discovery?
Each party shall provide to other party not later than 15 days before scheduled prehearing conf or 45D before the scheduled hearing date, the name and CV of any expert witness that will testify; detailed written report summarizing expert’s testimony (opinion, factual basis, reasons underlying; can be excluded in absence of this)
10.36.03.04
What is the time limit/restrictionfor adding witnesses or documents to the list for the hearing?
No go if:
After the prehearing conference; or later than 15D before thge hearing, if a prehearing conf is not scheduled.
This doesn’t apply to witnesses/docs to be used for impeachment/rebuttal purposes.
10.36.03.04
What are the duties of the presiding officer at the hearing?
Chairman or designated Board member. Shall:
1) Have complete charge of the hearing.
2) Permit the exam of witnesses;
3) Admit evidence;
4) Rule on admissibility;
5) Adjouirn or recess the hearing from time to time.
B) May set reasonable time limits on arguments/evidence presentation.
C) Shall be responsible for order and can suspend proceedings to maintain order.
10.36.03.05
What are the duties of the Legal Advisor/Counsel for the Board?
Presiding Officer can ask the Office of AG to participate. Shall have rights to:
1) Submit evidence;
2) Exam/cross exam witnesses;
3) Present summation and argument;
4) File objections, exceptions, and motions.
(same for other side)
May also be requested to act as legal advisor to the Board on questions of procedure, evidence, and law.
10.36.03.05
What is the order of procedure for the hearing?
State, respondent, rebuttal.
What happens if the accused fails to appear at a hearing after due notice?
The board may reschedule, or at its discretion, proceed upon the investigation, repoirt, documents, witnesses, and records before it.
10.36.03.05
What happens at the end of a hearing??
All decisions and orders must be in writing and incl a statement of findings of fact and sections of State law/Title 18 violated. Pt confidentiality shall be protected (not in order). Order will be mailed prompty to each party.
When no violation of law, immediate order of dismissal, w no further action and expunging of record of proceedings.
10.36.03.07
What do you do if you want a rehearing?
May be requested in writing w/in 10 days after receiving the order or decision of the Board. Grounds fpr rehearing must be stated in request (i.e., new evidence is only good reason); Board will reply within 30D w decision. Licensed remains suspended in meantime.
10.36.03.08
Can you appeal your suspended/revoked license or registration?
Yes. Appeal.
10.36.03.09
To whom does the Code of Ethics and Prof Conduct (10.36.05) apply?
Licensed psols, registered PAs, and all those who apply for licensure or registration during the education, tx, and employment that is required for lic/reg.
Psols = lic by Board
PA = reg by Board to practice under SV
Board = MD Board of Examiners of Psols
Half of the exam q’s come from the code.
What are the four examples of “sexual intimacies?
Means acts engaged in with or without clothing involving:
1) genital contact
2) nongen contact w/hips, loin, thigh, buttocks or breasts
3) exposure or obs of genitals/nude portions of body involving breasts, butts or genitals
4) other bx engaged in for the purpose of sexual arousal or sexual gratification
10.36.05.02(B)(7)
Define “multiple relationships”
A rel in which an indiv is concurrently participating in 2 or more roles with another.
10.36.05.02
Define “client” per the ethics code
The individual, couple, family, group, business, agency, scfhool, org, or assoc that the psol or PA provides or has provided with professional services.
10.36.05.02
Define “public statement”
Any oral, printed or electronic communication or announcement made by or on behalf of a psol, PA, or applicant, and directed to another individual or group.
10.36.05.02(B)(6)
What is required of a psol/PA who has faced disciplinary action against their license, registration, certificate, permit by another authority for practice of psychology?
DA = limited, restricted, suspended, revoked, etc.
Notify the Board within 60 days.
10.36.05.03
Who is responsible for a psychology associate’s professional decisions and professional actions?
A psol and PA shall be jointly responsible.
10.36.05.03(A)(2)
When can a psol provide psychological services?
Only in the context of clear professional and scientific relationships and roles accepted by the standard of practice of the discipline of psychology
10.36.05.03(A)(3)(b)
What prohibitions exist for a psol/PA?
A psol/PA may not:
1) knowingly or willfully destroy, damage, alter, obliterate, or otherwise obscure a medical record or billing record or other info about a patient in an effort to conceal the info from use as evidence in an administrative, civil or criminal proceeding.
2) witness intimidation/influence/obstruction
3) take credit for work of others
10.36.05.03(A)(4)
What obligations does a supervising psychologist have?
Supervision. A psychologist shall:
(1) Be responsible for the actions of those the psychologist supervises; and
(2) Ensure that those the psychologist employs act in accordance with the Maryland Psychologists Act and the provisions of this chapter.
This includes secretaries who should know confidentiality practices
10.36.05.03(B)
What obligations does a psol have in research?
(1) Respect the dignity and protect the welfare of research subjects, and comply with all relevant statutes, regulations, and institutional and administrative rules concerning treatment of research subjects;
(2) Take responsibility for the ethical treatment of research participants by collaborators, supervisees, and employees;
(3) Acquire, care for, use and dispose of animals in compliance with laws, regulations, and applicable professional standards;
(4) Ensure appropriate consideration of the comfort, health and humane treatment of animals used in research;
(5) Make clear, either as a researcher or a writer, the nature of the participation, as well as the costs and the psychologist’s obligations to be accepted by research participants;
(6) Obtain required approval from host institutions before conducting research; and
(7) Report research findings accurately, presenting only the psychologist’s or psychology associate’s work or making appropriate citations when needed.
10.36.05.03(C)
What obligations does psol have in teaching?
A psychologist or psychology associate shall ensure that statements in course catalogs, seminar brochures, and course outlines are accurate and not misleading, particularly in terms of the:
(1) Subject matter to be covered;
(2) Nature of course experiences; and
(3) Basis for evaluating performance.
10.36.05.03(D)
*What is the Board’s definition of diversity? What aspects of diversity must we be aware of and sensitve to in our professional activities?
(d) Treat all individuals in a fair and objective manner without discrimination based on age, gender, race, ethnicity, culture, national origin, disability, socioeconomic status, or another basis proscribed by law;
10.36.05.03(A)(3)(d)
*What are the seven standards of Professional Competence?
(1) Limit practice to the areas of competence ;
(2) Acquire the special education and training needed to address the cultural differences of special populations;
(3) Avoid unfair discrimination as proscribed by law;
(4) Use approrpiate/EBP interventions and assessment techniques ;
(5) Maintain competence by meeting CE reqs per- COMAR 10.36.02;
(6) Engage in ongoing consultation with other psols + seek appropriate education, training, and experience, when developing competence in a new service or technique; and
(7) Document and maintain appropriate records of professional and scientific work.
10.36.05.04
*What are the two standards of Impaired Competence?
(1) A psychologist or psychology associate shall:
(a) Represent accurately and objectively the psol’s professional qualifications; and
(b) Seek competent professional assistance to determine whether to suspend, terminate, or limit the scope of professional or scientific activities when the psol becomes or is made aware that the psol’s competence is impaired.
(2) A psol may not:
(a) Undertake or continue a professional relationship with a client when the competence or objectivity of the psychologist or psychology associate is or could reasonably be expected to be impaired due to:
(i) Mental, emotional, physiological, pharmacological, substance abuse, or personal problems; or
(ii) The psychologist’s or psychology associate’s present or previous familial, social, sexual, emotional, financial, supervisory, political, administrative, or legal relationship with the client or a person associated with or related to the client; or
(b) Engage in other relationships that could limit the psychologist’s or psychology associate’s objectivity or create a conflict of interest or the appearance of a conflict of interest.
10.36.05.04
What are the standards on public statements and advertising?
Don’t take advance of the vulnerability and trust of those we provide services to. Be very knowledgeable of standards on informed consent, including components, as well as those for financial arrangements.
10.36.05.05
What five things must a psychologist or psychology associate do when addressing fees and financial arrangements with clients?
(1) Make advance financial arrangements that are clearly understood by the client;
(2) Inform the client about the possibility of initiating a collection procedure before using that procedure;
(3) Comply with the provisions regarding patient referrals contained in Health Occupations Article, §1-301-1-306, Annotated Code of Maryland;
(4) Make full disclosure in advance to the client of any remuneration given or received for making or accepting referrals; and
(5) Refrain from signing statements for insurance purposes as though the psychologist or psychology associate provided a service that was actually provided by someone else.
What does statute/ethics say about psychological assessment?
1) only perform evaluations in the context of a professional relationship.
2)follow accepted standards of practice and avoid obsolete tests
3) use appropriate instrument when working with special populations
4) avoid misuse of automated interpretative reports
5) base recs on test results that are current
6) supply a manual for all tests developed that includes development, rationale, and evidence of validity and reliability and characteristics of the normative population
7)release test results only to patients when appropriate
10.36.05.06
According to the Code of Ethics and Professional Conduct, why would having your secretary test your clients with the original WAIS be inappropriate?
A. A psychologist or psychology associate shall:
(2) Administer psychological tests in keeping with accepted standards of practice and avoid use of obsolete measurement techniques;
B. A psychologist or psychology associate may not:
(2) Encourage or promote the use of psychological assessment techniques or computerized assessment and interpretation by unqualified persons
What should you do when taking vacation or get sick?
Take needed steps to avoid inadvertent abandonment of clients. Make arrangements for another prof to deal w emergency needs of clients
10.36.05.07(A)(2)
What should you do if a conflict of interest arises?
Disclose to all involved parties of the conflict of interest, with respect to clients, in a manner consistent with applicable confidentiality requirements.
10.36.05.07(A)(1)
What are the 5 standards of exploitation?
1) Exploit/harm clts, colleagues, students, research participants or others
2) Take actions that violate or diminish the legal/civil rights of clts 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 relationship with a former clt that is considered exploitative (see 6 criteria)
10.36.05.07
What are the six criteria in determining if a nonprof rel with a former client is exploitative?
1) nature, duration, and intensity of prof services rendered
2) The length of prof rel
3) the length of time between termination and initiation of nonprofessional rel
4) the mental stability of the psol and former clt
5) circumstances of termination
6) the likelihood of adverse impact on the client
10.36.05.07
What is the rule on sexual intimacy with a foirmer client?
Sexual misconduct. A psol may not engage in sexual intimacies with a current clt. And may not with former clients:
1) for at least 2 years after termination
2) after the 2 years, if the sexual rel is exploitative in light of:
a) the nature, duration, intensity of prof services rendered
b) the length of the prof rel
c) the length of time between termination and initiation of nonprof rel
d) the mental stability of the psol and client
e) circumstances of termination
f) likelihood of adverse impact on the client
3) Do not engage in sexual intimacies with indiv related to the client for at 2 years after termination
4) may not terminate a prof rel for the purpose of engaging in sexual intimacies with one of the individuals named in the regulation
5) engage in sexual bx with a clt in the context of professional services
6) engage in sexual bx with a client under the pretext of diagnostic or therapeutic intent or benefit
10.36.05.07
What are the standards on providing services to minors?
Always have appropriate consent before doing so (legal guardian). Take special care to protect the interests of minors who are unable to give voluntary, informed conset.
10.36.05.07
What are the standards on termination?
(1) Make or recommend referral to other professional, technical, or administrative resources if the referral is clearly in the best interest of the client; and
(2) Unless precluded by the actions of the client, terminate the professional 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 after the professional relationship has been initiated;
(c) Impaired competency or objectivity develops or is discovered after a professional relationship has been initiated; or
(d) The psychologist or psychology associate has been threatened or otherwise endangered by the client or another person with whom the client has a relationship.
10.36.05.07
When must a psol terminate a client’s treatment, and what must the psol do then?
(2) Unless precluded by the actions of the client, terminate the professional 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 after the professional relationship has been initiated;
(c) Impaired competency or objectivity develops or is discovered after a professional relationship has been initiated; or
(d) The psychologist or psychology associate has been threatened or otherwise endangered by the client or another person with whom the client has a relationship.
10.36.05.07
What part of the guidelines on Confidentiality and Client Records allows psychologists to make reports on suspected child abuse or neglect?
Release MH records or other confidential info only as permitted or required by law.
10.36.05.08
What is the def of “registered psychology associate?”
An individual who meets the requirements set forth in the Maryland Psychologists Act, and is registered by the Board to practice psychology under the supervision of a lic psol
10.36.07.02
What does “supervisor” mean?
A psychologist licensed in Maryland w/ at least 2 years of post-licensure experience
10.36.07.02
What constitutes adequate and appropriate supervision for FT provision of serviced by each registered psychology associate?
- 1 hour or more/week (earned doctoral degree)
- 2 hours or more/week (admitted to candidacy for a degree, and satisfactorily completed at least 3 years of school, passed preliminary doctoral exams)
- 3 hours or more/week for all other registered psychology associates
- May be reduced to half for those with 3 years of FT experience or its equivalent as a psychology associate
-F2F/VC. Exclusive of supervision on administrative issues
-Quarterly site visits if supervisor is not practice at hte same site
10.36.07.03
How much supervision is necessary for comprehensive evaluation and testing by psychology associate
Min of 1 hr of supervision for every 5 hours of comprehensive evaluation and testing of client.
10.36.07.03
What are the responsibilities of a Supervisor?
(1) A supervisor shall be available for emergency consultation and direction of a registered psychology associate, and for client management.
(2) A supervisor may supervise a maximum of five registered psychology associates.
(3) A supervisor may not engage in supervision that would constitute a multiple relationship.
(4) A supervisor shall take responsibility for all services provided by a registered psychology associate under the supervisor’s supervision.
(5) A supervisor shall comply with additional continuing education requirements for supervisors set forth in COMAR 10.36.02.
10.36.07.03
What does the psychology associate need to do in representations to the public?
All clients served by a psychology associate should be informed of the supervision arrangements and any possible implications regarding confidentiality and insurance reimbursement
Shall make personal reference as a “registered psychology associate under the supervision of a licensed psychology” in all promotional materials and other commuiunications. Do not make self-refer as a psychologist or give appearance of practicing independently.
10.36.07.04
Who may become a registered psychology associate?
Indiv with masters degree in psychology or related field
Doctoral students in psychology or related fields after they’ve completed at least 3 years of education and passed preliminary doctoral examinations
Individuals who ahve completed their doctoral degree in psychology or related fields
Individuals with at least a masters degree from outside that US that meets certain defined standards
What are the aggravating factors the Board will consider when imposing a financial penalty on a licensee or registrant?
(a) The licensee or registrant has a previous criminal or administrative disciplinary history;
(b) The violation was committed deliberately or with gross negligence or recklessness;
(c) The violation had the potential for, or caused, serious patient or public harm;
(d) The violation was part of a pattern of detrimental conduct;
(e) The licensee or registrant was motivated to perform the violation for financial gain;
(f) The vulnerability of the patient or patients;
(g) The licensee or registrant lacked insight into the wrongfulness of the conduct;
(h) The licensee or registrant committed the violation under the guise of treatment; and
(i) Previous attempts at rehabilitation of the licensee or registrant were unsuccessful.
10.36.08.05
What is a sanction?
A formal disciplinary action against a license, such as reprimand, probation, suspension or revocation
The baord may impose a penalty ($) instead/in addition to abobe as set forth in this chapter, if the Baord finds grounds under Health Occ Article 18-313 Annotated Code of MD
10.36.08.02
What are mitigating factors to be considered in the assessment of the santcion?
(a) The licensee’s or registrant’s lack of a prior disciplinary record;
(b) The licensee or registrant self-reported the violation to the Board;
(c) The licensee’s or registrant’s 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; and
(i) The licensee’s or registrant’s conduct was an isolated incident and not likely to recur;
10.36.08.05
What factors determine the amount of a civil fine for practicing without a license or registration ($5k-$50k)
(a) The extent to which the individual derived any financial benefit from the unauthorized practice;
(b) The willfullness of the unauthorized practice;
(c) Actual or potential harm caused by the unauthorized practice; and
(d) The length of time in which the individual engaged in the unauthorized practice.
10.36.08.07
What preparation is necessary for a child custody evaluation?
1) Obtain a copy of the court order or agreement signed by parties
2) Review scope of eval or signed agreement in ensuring it’s consistent with provisions of this chapter
3) Obtain necessary informed consent from parties, which shall include:
a) scope of custody eval
b) process for conducting it
c) limits to confidentiality
d) basis and rate of fees and expenses for which the client will be responsible
e) timeline on which payments are due to the psychologist
10.36.09.03
What competence is necessaryto conduct child custody evaluations?
Education, training, experience or supervision in:
1) Child + adult development and psychopathology
2) Family dynamics and psychopathology, incl impact of divorce
3) Maryland law governing: divorce, child custody proceedings, child abuse and neglect, and family violence
4) performing psychological assessments of children, adults, and families
5) ADDRESS factors
6) awareness of relevant literature
10.36.09.04
What are the standards of practice in conducting achild custody evaluation?
It specifically addresses the need to utilize multiple sources of information, to remain impartial and objective, to be focused on the needs and best interest of the child and to avoid multiple relationships in addition to other very important standards.
10.36.09.05
What is the composition of the board?
7 psychologist members +and 2 consumer members appointed by the governor. MPA submits the list of psol candidates - 2 engaged in service, 2 in teaching, rearch or training.
They must take an oath
18-202
What qualifications are required of a psychologist member of the board?
1) Licensed psol who has practiced, taught, or engaged in research in psych for at least 5 years
2) A US citizen
3) A resident of MD
18-202
What qualifications are required of consumer members of the board?
1) Shall be a member of the general public
2) May not be or ever have been a psol or psych associate
3) May not have a household member who is a psychologist or trainee
4) May not particiapte or ever have particiapted in a commercial or professional field rel to psychology\
5) May not have a household member who participates in commercial or professional field rel to psol
6) May not have had within 2 years before appointment a substantial financial interest in a person regulated by hte Board
18-202
What is the tenure for a board member?
4 years. Terms staggered as required by terms provided. At the end, a member serves until a successor is appointed and qualifies - this person only serves for th rest of the term and until a successor is appointed. Governor shall fill any vanacy within 60 days. A member cannot serve more than 2 consecutive full terms.
Gov can remove for incompetence or gross conudct… or missing 2 successive Board meetings without adequate reason per rec of Secretary
18-202
What officers are elected among board members?
Chairman and vice chairman
18-203
What is a quorum?
A majority of the members then serving on the Board
18-204
What is a board member entitled to?
Compensation for each day engaged in performing the duties
Reimbursement for expenses at a rate determined by the Board.
18-204
This section also talks about Staff and Board Administrator
Why should a person answer the board’s questions honestly?
Good faith exemption from civil liability or immunity from liability under 5-717 of the Courts and Judicial Proceedings Article for giving info
18-205
What are the Board’s duties?
- The board must notify a psol within 120 days that a compliant has been filed against them (w copy of complaint), and then update psol on status of the investigation every 90 days until it is resolved, unless the board believes doing so would prejudice the inv or the complaint is disposed of within 120 days of receipt
18-206
What are the Board’s powers?
In addition to the powers set forth elsewhere in this tiel, the Board may adopt rules and regulations to carry out the provisions of this title
18-206
Can the Board release any info in a record to another state?
Yes. The Board may d/c any info contained in a record of the Board to any other health occupations regulatory board of this State or another state if the other entity requests the info in writing.
The Board, its exec dir/adminsitrator or Office of AG may disclose to any licensing or disciplinary authority or other law enforcement, prosecutorial, or judicial authority, any info in the investigatory files of the Board
18-206.1
Other than registered psychology associates, what are the exceptions to the requirement for a psychologist to be licensed, or in others, who may actually practice psychology without a license?
1) employee of a government agency, or chartered educational institution while performing those official duties (no private practice on the side if unlicensed)
2) a certified school psychologist performing those official duties for the school system only.
3) a student, intern, resident, or fellow in psychology while functioning withint their formal training program under supervision by a licensed psychologist.
4) a psychologist licensed in another state/jurisdiction who is a recent resident of the state and has been accepted to sit for the next state of Maryland exam. This person may practice in Maryland under the other state’s license until the exam scores are made public. Then this individual is now licensed in MD or must stop.
18-301
Psychology associates may prtactice psychology if:18-302
The psychology associate is supervised by a psychologist.
The psychologist assumes joint responsibility for services provided.
The psychology associate only uses the title, “Registered psychology associate.”
18-301
Where is the qualifications of applicants listed?
18-302
What background materials are required for licensure?
Submit fingerprints. Pay for a criminal background check. Written app, supporting documentation, required application fee.
18-302.1 and 18-303
Who may use the terms psychological, psychologist or psychology?
Those licensed or registered to practice psychology while it is effective.
An individual licensed by the Board is authorized
to use the words “psychological”, “psychologist”, or “psychology” to
describe the services the individual provides, for purposes of
reimbursement, but not for any other purpose, if:
(1) The individual originally was certified without examination
because the individual had at least 25 years of experience as an instructor
in psychiatry on the teaching staff of an accredited school of medicine in
this State and applied for certification without examination before
January 1, 1979; and
(2) When the individual was certified, the Board stipulated that
the use of those words by the individual was so limited.
18-307
Scope of license or registration
What is the term and renewal of licenses?
Each license or registration must be renewed every two years. The board sends out a renewal notice at least 90 days before the license or registration expires. To renew the license or registration you must pay the required fee to the board, submit a renewal application, and submit proof of meeting continuing education requirements in the past two year cycle. The board then issues an new license or registration for a two year period.
18-309
Can you inactivate your license?
Yes. For up to five years. You must apply for inactive status.
18-310
Does a loophole exist to avoid investigation or charges?
No. Unless the Board agrees to accept the surrender of a license or regsitration, the psol may not do so nor let it lapse by operation of law while under investigation or while charges are pending.
18-312
What are the general violations that apply to most situations and are grounds for denials, reprimands, suspensions, and revocation?
(6) practices psychology fraudulently or deceitfully;
(7) violates the code of ethics adopted by the board;
(12) violates any provision of this title or any regulation adopted by the board (it doesn’t get any more general than this);
(14) is professionally, physically, or mentally incompetent;
(16) behaves immorally in the practice of psychology;
(17) commits an act of unprofessional conduct in the practice of psychology; and
(20) does an act that is inconsistent with generally accepted professional standards in the practice of psychology.
18-313 [has whole list]
What is the max fine that can be imposed if the board finds you in violation of title 18 (instead of suspending your lic or reg in addition to suspending or revoking it)
$10,000. This is the max, but 10.36.08.04 lists the fines and it’s maxed bc of 18-313.1.
This fine cap differs from 18-404(b)b(1), which allows for a civil fine up to $50k for practicing psychology without a license
Any person who violates any provision of this subtitle is guilty of a misdemeanor - fine not to exceed $10k or imprisonment in jail not exceeding 1 year or both
18-313.1 and 18-404
Can the Board direct you to submit to an examination by a psychologist or physician?
Yes. In the course of the an investigation, the Board may find reasons to believe that you may cause harm to person affected by your pracitce. The licenses or registrant is deemed to have:
1) consent to submit to an exam, if requested by the Board in writing
2) Waived any claim of privilege as to the testimony or examination reports of the examining psychologist or physician
3) Failure ore refusal to submit = prima facie evidence of inability to practice psychology competently, unless the failure/refusal was beyond the control
4) Board shall pay the cost of the exam
18-314
What rights does the accused have?
Hearing, notice, counsel, ask for a subpoena for certain testimony/evidence
The Board can proceed without the individual (ex parte)
Procedural defects (alleged to have occurred before filing of charges) not ground for stay or challenge
18-315
Can the accused appeal a decision by the board?
Yes, by direct judicial appeal. Doing so does not stay any action taken by the board (i.e., doesn’t unrevoke or unsuspend license).
18-316
Can the Board reinstate a license that’s been revoked?
Yes. They can also reduce the period of suspension or withdraw a reprimand.
18-317. Amendment of order
For those engaging in unauthorized practice of psychology or conduct that is a ground for disciplinary action under 18-313, who can bring the injunction, and is proof of damages required?
The Board, AG, State’s Attorney in the name of the State.
No proof needed.
This can happen in addition to criminal prosecution
18-317.1 Injunctive Relief
What alternatives to punitive action exist?
The board may designate a subcommittee of the baord or a committee of MPA as a psychologist rehabilitation committee (PRC)
PRC must incl psols but is not limited to psols - provides eval and assistance to psols in need of treatment and rehab for AOD, physical conditions and emotional/psychiatric conditions. May require tutorials, education, supervision, AOD tx, medical care or personal psychotherpay. PRC would monitor and oversee, and provider will provide written reports on progress/participation.Psols may self-refer to PRC.
PRC must report al lviolations of laww that they learn in process of service provision.
18-318. Psychologist rehabilitation committees
Does each violation of practicing without a license count as a separate offense for purposes of penalties and fines?
Yes. 18-401
If you are not licensed or exempted, what words are prohibited in describing your services or title?
psychological, psychologist, or psychology
18-402
What is the entire law under Title 18 known as?
Maryland Psychologists Act
When does the Maryland Psychologists Act expire?
Sunset review. Expires on july 1 2023 unless the legislature determiens prior to that date that keeping this law in effect will serve the best interests of the citizens of the state.
18-502 Termination of title
What happens if you have outstanding taxes or unemployment insurance contributions?
The Office of the Comptroller or MD Department of Labor will ID you as such, and the Board shall issue a written notice about it. Your renewal license will be denief if a verification is not submitted within 30D of the notice.
COMAR 10.31.02.02
What sort of info does the MD public information act allow someone to inspect?
name, business/home address, business tel / email, ed/occupational background, prof qualifications, order/findings from formal disciplinary actions, evidence provided.
If there is a compelling purpose, and rules allow, other info is okay too
10-612 (a), 10-617 (h), 10-618 (a)-(c), (f)
Under what circumstances are denial of inspection allowed for MD public info act?
Circumstances under which denial permissible. — A custodian may deny inspection by a person
in interest only to the extent that the inspection would:
(1) interfere with a valid and proper law enforcement proceeding;
(2) deprive another person of a right to a fair trial or an impartial adjudication;
(3) constitute an unwarranted invasion of personal privacy;
(4) disclose the identity of a confidential source;
(5) disclose an investigative technique or procedure;
(6) prejudice an investigation; or
(7) endanger the life or physical safety of an individual.
What privilege does a patient or patient’s authorized representative have in all judicial, legislative or administrative proceedings?
Communicaitons rleating to diangosis or treatment of the pt or any info that by its nature would show the existence of a medical record of the diagnosis or treatment
9-109 privilege
When is there no privilege?
Civil commitment, death (beneficiary), malpractice claims, civil or criminal proceedings under defective delinquency proceedings, waiver of privilege for suit on policy of insurance , criminal proceedings - patient harassing psol, peace order proceeding, ERPO
9-109 privilege
Can psychologist testify on ultimate issues?
Yes.
§ 9-120. Psychologist as expert witness
Notwithstanding any other provision of law, a psychologist licensed under the “Maryland
Psychologists Act” and qualified as an expert witness may testify on 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.
When is a mental health care provider or administrator liable for a cause of action or disciplinary action? When does the duty exist?
For failing to predict, warn of, or take precautions to provide protection from a patient’s violent bx, specifically (1) when the propensity for violence was known, and (2) the patient indicated by speech, conduct, or writing of an intention to inflict imminent physical injury upon a specified victim
5-609, duty to commit, treat, or warn
What duties exist when a patient is violent?
Reasonable and timely efforts to:
1) Seek civil commitment
2) Formulate a diagnostic impression and establish and undertake a documented treatment plan to eliminate possibility of carrying out the threat
3) Inform the appropriate law enforcement agency, and if feasible, the specified victim(s) of: nature of threat, ID of the patient making the threat, and ID of specified victim(s)
No cause of action or disciplinary action may arise under any patient confidentiality act for confidences disclosed or not disclosed in good faith to third parties in an effort to discharge a duty arising under this section
5-609, duty to commit, treat, or warn
