Test Questions Flashcards
HIPAA - Right to Receive Confidential Communication by Alternative Means and at Alternative Locations
Right to have bills sent and phone calls made to other than the patient’s home
HIPAA - Right of Amendment
Right to request channels to PHI. Inaccurate information can be amended, but not deleted.
Emancipated Minors
- marrying legally
- enlisting in military
- court declaration of emancipation: 14 or over, living separate from parents w consent, managing his or her own finances
License Revocation
License is lost (ie. when licensee has been found guilty of sexual misconduct)
Pregnancy - California Family Code
- No minimum age
- Minor can consent to medical care related to prevention or treatment of pregnancy
- Includes contraception and abortion
- Provider not permitted to inform parents/guardian without consent
Mandated reporting of elder abuse, victim living at home
- Report to adult protective services or local law enforcement
- Written report within two working days
Health and Safety Code
- Minor must be 12 years old or older AND must be mature enough to participate
- Does NOT require minor to be a risk to self/others, or alleged victim of incest or child abuse
- Health and Safety Code PREVAILS over California Family Code.
- Only if parental consent is not appropriate, and must document,ent decision.
Reporting sexual intercourse w/ minor
- Under 16 w/ someone 21 and older (even if voluntary)
Registered Psychologist
- Doctorate degree
- SPE: At least 1,500 hours already accrued
- Working at nonprofit that receives at least 25% of its funding from government sources.
- 30 month registration, cannot be renewed.
When to report elder abuse?
- If mandated reporter has observed or has knowledge of an incident that reasonably appears to be abuse
- Reporter is told by the elder or dependent adult of an instance of abuse
Psych Assistant Registration
- Must renew annually, on or before expiration
- Becomes void if not renewed within 60 days after expiration
- Registration as a psych assistant is limited to a cumulative total of 6 years.
Sexual Assault - California Family Code
- No minimum age
- minor can consent to medical care related to diagnosis, tx, or collection of evidence
- If under 12, professional must attempt to contact parent/guardian unless suspects parent or guardian committed assault
Time Frame of Accusations
- Accusations must be filed within 3 years of BOP discovery of act
- 7 years from the date the act occurred
- 10 years from date of act if sexual exploitation
Patient Accessing Tx Records
CA Law: Provider can decline access if there would be adverse consequences to patient.
- Provider must document date of request, specific adverse consequences anticipated
HIPAA: Records cannily be withheld when life or physical safety endagered
- HIPAA prevails with adult patients
Parents of Minors Accessing Tx Recordsq
Parents with legal custody are entitled to inspect and/or copy the minor’s treatment records.
CA Law:
- Provider can decline access if minor was legally authorized to get tx without parental consent
- Provider can decline if parental access will be detrimental to therapy or minor’s well-being
HIPAA: Records can only be withheld when life or physical safety endangered. CA Law PREVAILS
Involuntary Confinement - 72 Hour Hold (51`50/5585)
Person who has a result of mental disorder is danger to self, others or is gravely disabled
Minor can only be hospitalized involuntarily when parent/guardian is not available to authorize voluntary treatment.
Electronic Record Keeping - Requirements
- Ensure safety and integrity of records
- Offsite backup storage
- Image mechanism to copy signature documents
- Unauthorized access denied
Original copies may be destroyed after data is electronically stored.
Rape Victims - California Family Code
- Minor 12 or older
- Can consent to medical care related to diagnosis, tx, or collection of evidence
- Provided NOT permitted to inform the minor’s parents/guardian without minor’s consent
Disciplinary Actions
More serious violations are referred for formal investigations. If more serious allegations, BOP to Attorney General
- letter of reprimand (minor violations, no pt harm(
- Two-step agreement
- Probation (license revoked, revocation stayed, terms of probation specified) When licensee has been negligent.
Involuntary Confinement - 14 Day Hold / Certification (5250)
- Person certified for up to 14 days of intensive treatment if person is detained for 72 hours, and person still danger to self, others, or gravely disabled due to mental disorder or impairment due to chronic alcoholism.
- Person must have refused voluntary confinement.
- Entitled to certification review hearing within four days of certification
Treatment Records Time Frame - CA Law (Adults)
Full set of Treatment records must be maintained for a minimum of seven years after treatment termination.