Jurisprudence Terms Flashcards
What agency deals with elder abuse?
Department of Elder Affairs (DEA)
Define elder abuse.
an act or omission which results in serious physical or emotional injury to an elderly person, or financial exploitation; or the failure to provide them with the necessities essential for physical and emotional well being
What is the exception to elder abuse (ie what is not considered abuse)?
religious; person is not considered abused/neglected just because they are being furnished or rely on treatment in accordance with teachings of a church or religious denomination
What type of abuse is unique to elder abuse?
Financial exploitation—an act that causes substantial monetary or property loss to an elderly person or causes substantial monetary or property gain to the other person, which would otherwise benefit the elderly person
Define an elderly person.
an individual who is 60 or older
Define a caretaker.
the person responsible for the care of an elderly person; may be a voluntary relationship or contractual duty or a fiduciary duty imposed by the law
Define a conservator
person appointed to manage the estate of an elderly person
Define a guardian.
a person who is the guardian of an elderly person (different than a guardian ad litem)
What actions must mandated reporters of elder abuse take? What about death by elder abuse? What happens if you fail to take these steps?
Mandated reporters that have reasonable cause to believe an elderly person is suffering from or has died as a result of abuse must immediately make a verbal report to the DEA and a written report within 48 hours in the county where the abuse occurred; failure to do so will result in a fine of no more than $1,000
Can a person who makes a report be liable? What are the conditions?
No person required to make a report will be held liable in any civil or criminal action for making the report if the report was made in good faith, provided that the reporter did not perpetrate the abuse
Can someone be fired for making a report?
No, employers or supervisors may not fire, demote, or otherwise punish an employee who files a report in accordance with the provisions
What should elder abuse reports contain?
Reports should contain the name, address, and age of the elderly person, information about the abuse, the caretaker’s name, and any other relevant info
Can elderly people assert privilege?
No, elderly people CANNOT assert privilege; that is, they cannot ask you to not make a report
Who is considered a mandated reporter of elder abuse?
Physician, PA, intern, dentist, nurse, counselor, probation officer, SW, police, firefighter, EMT, psychologist, coroner, PT, OT, osteopath, podiatrist, director of council on aging, outreach worker, executive director of home agency, manager of assisted living
What happens after a report of elder abuse is filed?
The elderly person will receive written notice that an assessment is being conducted and has the right to review the file and report the comes from the assessment
What happens if the department determines that the elderly person is being abused and lacks the capacity to consent to protective services?
Within how long will they hold a hearing?
When will they notify the elderly before the hearing to say they have the right to be present?
The court can be petitioned for protective services and will hold a hearing within 14 days of filing the petition
The court will notify the elderly at least 5 days before t hearing and they have the right to be present;
The department may petition the court for a finding that they are incapable of consenting; the court may appoint a guardian ad litem to represent their interests; if the court determines the elderly person is incapable of consenting to services, they may appoint a conservator or guardian who is authorized to consent; or the court can order protective services for 6 months
What about in cases of an emergency?
You can petition the court for immediate protective services in the case of an emergency; the court will give notice to the elderly person at least 24 hours before the hearing, unless foreseeable harm will result from a 24 hour delay of services
What is the process for appointment of a conservator or guardian of an elderly person? Who pays for the evaluation?
The DEA has a geriatric evaluation process for conducting physical, social, and mental assessments
o This includes the name and address, any services being provided, an evaluation of current physical, mental, and social conditions, and recommendations for the least restrictive course of services or treatments to meet their needs
o The DEA pays for this evaluation
o The elderly person has the right to get an independent medical, psychological, or psychiatric evaluation and present it to the court (they must pay for that themselves)
What agency deals with abuse of disabled persons?
Disabled Persons Protection Commission (DPPC)
What is the goal of DPPC? Who serves on it, and how long can they serve?
Investigates and remediates abused of disabled people; 3 members who serve terms of no more than 5 years
Define abuse of disabled persons.
an act that results in serious physical injury or emotional injury, or unconsented sexual activity
What is the exception to abuse of disabled persons (ie what is not considered abuse of disabled persons)?
Religious; no person will be considered abused only because they rely on treatment in accordance with the tenets and teachings of a church or religious group
Can a disabled person assert privilege (ie ask you not to report)?
Yes.
Define caretaker
The disabled person’s parent, guardian, or other person or agency responsible for their health and welfare.
Define disabled person. What is the age range?
A person ages 18-59 who has an intellectual disability or is otherwise mentally or physically disabled and is wholly or partially dependent on others to meet daily living needs
Define a reportable condition
a serious physical or emotional injury resulting from abuse, including unconsented sexual activity
When do investigation of reports occur for reports of abuse of a disabled person for 1) emergencies and 2) all other reports?
Within 24 hours if an emergency (imminent danger) and within 10 days for all other reports
What should you do if there is cause to believe that a disabled person died as a result of abuse?
Immediately report must be made to the attorney general, district attorney, DPPC, and medical examiner in the county in which the death occurred
What happens after a report of abuse of a disabled person is filed? What is the timeline?
Within 10 days, the commission provides written notice to the perpetrator and allows them to respond to the report (unless is places the disabled person at risk for further abuse)
What happens if the disabled person lacks the capacity to consent to protective services? What are the timelines?
The court can be petitioned for protective services and will hold a hearing within 14 days of filing the petition
The court will notify the disabled person at least 5 days before t hearing and they have the right to be present; the court may appoint a conservator, guardian or other person to consent to services if the disabled person is found not able to consent
If an emergency exists, the court can be petitioned for emergency protective services and the court notifies the disabled person 24 hours prior to the hearing (or the court may decide such notice is not reasonable if it’s a true emergency)
The court will not order an institutional placement or change of residence unless a less restrictive alternative is not available
What actions must mandated reporters take for abuse of a disabled person? What about death by abuse? What is the consequence if one fails to do this?
Mandated reporters that have reasonable cause to believe a disabled person is suffering from or has died as a result of abuse must immediately make a verbal report to the DPPC, the DA for the county in which the death occurred, and the medical examiner and a written report within 48 hours in the county where the abuse occurred; failure to do so will result in a fine of no more than $1,000
Inspection of Records
True or False:
Providers must permit the inspection of records by patients or authorized representatives upon request, and the patient may pay a reasonable fee (e.g., photocopying the record)
True
What records should the psychologist provide?
It is at their discretion; either the entire record or a summary.
If the provider believes that providing the entire record would adversely affect the patient’s well-being, they should make a summary of the record available to the patient
If the patient still wants the entire record, the provider must then provide it to either their attorney (with consent) or to another therapist designated by the patient
Define health service.
the delivery of direct, preventive, assessment, and therapeutic intervention services to individuals whose adjustment or functioning is impaired or at risk of impairment
What is a health service provider?
a psychologist who provides direct services; there is an option to become licensed as a psychologist and not get the “health service provider” credential, which you would only want if you weren’t going to provide direct services but wanted to use the professional title of “psychologist”
What do you need to do to qualify as a health service provider?
Completing a doctoral degree in psychology, fulfilling supervised practice requirements (at least 2 years of full time supervised health service experience; one pre-doctoral and one postdoctoral), and passing two exams
What is the consequence for using the title psychologist if you do not qualify? Who is exempt from the penalties?
Punished by a fine of no more than $500 or imprisonment of no more than 3 months, or both
This penalty doesn’t apply to people who are eligible for licensure who provide consultative services for a fee no more than one day per month
This also doesn’t apply to students or trainees who are being supervised; but their title must clearly reflect their trainee status (e.g., psychology intern, psychology trainee)
How long are licenses valid?
For 2 years. They must be renewed biannually.
What is the process for renewing your license? What are the dates?
On or before April 15th every 2 years, the board will send out an application for renewal. The psychologist must return the form and renewal fee on or before June 1. You must also present evidence of 20 Horus of CE programs that are approved by the APA. You are responsible for making sure your license doesn’t expire.
Under what grounds can the board cancel, suspend or revoke a license?
o Fraudulently procured a license
o is guilty of breaking any laws relating to the practice of psychology
o Is guilty of conduct that places into question the psychologist’s competency to practice or practices beyond their authorized scope
o Practices with impairment due to alcohol, drugs, a physical disability or mental instability, is guilty of being habitually drunk or addicted to drugs
o Knowingly permits/aids an unlicensed person to perform activities that require a license
o Has been convicted of a criminal offense that reasonably calls into question their ability to practice
o Is guilty of violating any rule or regulation of the board governing the practice of psychology
Can you be liable for filing a complaint against a psychologist?
No, as long as it is done in good faith without malice.
What will happen to a psychologist once a complaint is filed?
They will receive a written notice of the complaint at least 15 days before the hearing. They have the right to appearing person with legal counsel.
How long do you have to wait before you can submit an application to the board for reinstatement?
3 years
Patient Confidentiality and Communications
When must the psychologist inform the patient about limits of confidentiality?
At the outset of the relationship, as early as possible; ideally in first session
When can psychologists disclose confidential information?
When it protects the rights and safety of others.
- The patient presents a clear and present danger to himself and refuses (either explicitly or through his behavior) to voluntarily accept appropriate treatment
- The patient has communicated an explicit threat to kill or inflict serious bodily injury upon a reasonably identified person and the patient has the apparent intent and ability to carry out the threat
- The patient has a history of physical violence and the psychologist reasonably believes that there is clear and present danger that the patient will attempt to kill or inflict serious bodily injury upon a reasonably identified person
What steps should the psychologist take if a patient is a clear danger to themselves or refuses treatment?
Psychologist may take steps to have the patient committed to a hospital or may contact members of the patient’s family or other individuals if in the psychologist’s opinion, it would assist in protecting the safety of the patient
What steps should the psychologist take if a patient has communicated explicit threat to kill or inflict harm on someone?
A psychologist has taken reasonable precautions if they make reasonable efforts to do one or more of the following:
• Communicate threat to a reasonably identified person
• Notify a law enforcement agency in the vicinity where the patient or victim resides
• Arrange for the patient to be hospitalized voluntarily
• Takes appropriate steps to initiate proceedings for involuntary hospitalization
