Content Flashcards

1
Q

Providing Services in Emergencies

A

Psychologists may provide services for which they are not fully competent in order to ensure that individuals receive necessary treatment. They should terminate the serves as soon as the emergency has passed or more appropriate services have been secured.

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2
Q

Dispensing of Informed Consent in Research

A

Can dispense with informed consent:

  1. Normal educational practices
  2. Anonymous questionnaires, naturalistic observation, or archival research
  3. The study of a job or organization’s effectiveness
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3
Q

Section 5270.15: 30 Day Hold

A

Patient who remains gravely disabled for additional 30 days. Cannot be confined any longer unless petition for conservatorship has been filed during the hold.

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4
Q

Minor and Consent re. Communicable Disease

A

12 years or older can consent to medical care related to diagnosis/tx of disease. Health care provider NOT permitted to inform minor’s parent or guardian without minor’s consent.

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5
Q

Court Ordered Therapy

A

Court has ordered defendant to seek therapy as a condition of his/her sentence. Typically patient find therapist. Psychologist provides info to court. Psychologist needs informed consent (unlike court ordered eval).

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6
Q

Recourse after disciplinary action

A

Person may petition for reinstatement or modification after:

  • At least 3 years for reinstatement of license revoked, suspended, or surrendered
  • At least 2 years for early termination of probation of 3 years or more
  • At least 1 year for early termination of probation of less than 3 years.

If denied, must wait at least one year to reapply. Any person required to register as a sex offender is ineligible for licensure or registration.

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7
Q

Electronic Record Keeping

A
  • Offsite backup storage system
  • Image mechanism that can copy signature documents
  • Mechanism to make record unalterable.
  • Policies and procedures must be implemented to safeguard confidentiality.
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8
Q

Patient Notification of Supervisee’s Status

A

Primary supervisors are responsible for informing each patient prior to the rendering of services. Notification must be done either in person or in writing signed by supervisor and given to pt.

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9
Q

Section 5300: 180 Day Hold

A

Patient who continues to present an imminent threat of danger to others can be confined for up to 180 more days. Can be renewed.

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10
Q

Release of Test Data

A

Psychologists may refuse to release test data if they believe doing so would cause “substantial harm, or the misuse or misinterpretation of test data. Laws may still require data be released.

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11
Q

Penalty for failing to comply with HIPAA

A

1) Administrative sanction by the office for civil rights of health and human services
2) $100 for each violation up to a total of $25,000 a year
3) Fines up to $250,000, 10 year imprisonment, or both for deliberate and knowing violation of patients’ privacy rights.

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12
Q

Access to Treatment Records - HIPAA

A

Therapist can only deny patients access when it will endanger life or physical safety of individual or another person. Does not apply to minors.

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13
Q

Minor Consent to Tx and Sexual Assault

A

Minor can consent to medical care related to diagnosis, tx, collection of evidence.

  • Health care provider MUST attempt to contact paren tor guardian unless parent/guardian is suspected perpetrator. Must record date, time, successful or not.
  • May NOT contact parent/guardian if rape and 12 or older.
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14
Q

Coursework Prior to Licensure

A
  • Substance Abuse: Semester or quarter term in length
  • Human Sexuality: 10 hours
  • Child Abuse: 7 hours
  • Spousal/Partner Abuse: 15 hours after 2004, 2 hours on or after 1995
  • Aging and Long-Term Care: 10 hours
  • Suicide Assessment and Intervention: 6 hours
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15
Q

14 Day Hold

A

A person can be certified for an additional 14 days after 72 hour hold if pt is still a danger to self, others, or is grave disabled as a result of mental disorder/impairment due to alcoholism. Implemented only if pt does not accept treatment on voluntary basis.

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16
Q

Copies of Treatment Records

A

15 days after receiving written request.

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17
Q

Consequences of Failing to Report Child Abuse

A

Anyone who fails to report child abuse while knowing it to exist:
Misdemeanor, punishable by jail term of up to 6 months, no more than $1,000, or both.

Anyone who willfully fails to report or impedes report of abuse/neglect where result is death or great bodily injury:
One year county jail, up to $5,000, or both.

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18
Q

Evidence Code 1027

A

No privilege exists if the patient is under 16 years old, the therapist has reason to believe the child has been the victim of a crime, and the disclosure is in the best interest of the child. In this case, no one make invoke privilege at this time.

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19
Q

Single Act of Sexual Exploitation/Multiple Acts with One Person: Penalty

A

When offender has no prior conviction for sexual exploitation.

  • Imprisonment in county jail for up to 6 months, up to $1,000, or both.
20
Q

Elder/Dependent Adult Reporting: Living at Long-Term Care Facility

A
  • Report must be made to local ombudsman AND local law enforcement agency.
  • Report must be made immediately, written report sent within two hours of serious bodily injury occurred, or 24 hours in absence of serious bodily injury.
21
Q

Section 5260: Second 14-Day Hold

A

For patient that continues to present imminent threat of suicide. NOT renewable.

22
Q

Section 5585: Committing a Minor

A

Can only be implemented when a parent or guardian is not available to authorize voluntary treatment.

23
Q

SPE Log Should Contain

A

Board of psychology mandates that written log include info about work setting, description of services performed, dates for which the log is being completed, number of hours worked, hours of supervision received, nature of supervision, signature of supervisee and supervisor, statement by supervisor indicating that info is correct.

24
Q

Patient Inspection of Tx Records

A

Must permit inspect of records within 5 working days after written request received. Patient may be accompanied by one other person designated by the patient.

25
Q

Elder/Dependent Adult Reporting: Living at Home

A
  • Report must be made to Adult Protective Services OR local law enforcement agency.
  • Report immediately, written/internet report made within 2 working days.
26
Q

Consequences of Failing to Report Elder/Dependent Adult Abuse

A
  • Failure to report: up to 6 months in jail, fine of up to $1,000, or both.
  • Willfully fairing to report abuse, impedes or inhibits a report of abuse where that abuse results in death or great bodily injury: up to 1 year in county jail, fine of up to $5,000, or both.
27
Q

Patient unable to provide consent (ie. minor)

A

Psychologist must obtain permission from a legally authorized person (ie. guardian). Psychologists must also provide these clients with an explanation, seek assent, and consider their wishes and best interests. Psychologists should also protect the rights and welfare of these persons when consent from a legally authorized person is not mandated or not permitted by law.

28
Q

Multiple Relationships

A

Multiple relationships that would not reasonably be expected to cause impairment or risk exploitation or harm are not unethical.

29
Q

Informed Consent

A

Ethics code does not require written consent, but says consent needs to be documented in progress notes.

30
Q

Child Abuse Report

A

Must be reported to police, sheriff’s dept, or county welfare agency (CPS) immediately or practically possible. Written report must be prepared, sent, faxed within 36 hours.

31
Q

Use of Confidential Info for Didactic Purposes

A

When psychologists lecture or write, they must not include confidential information unless the person has consented in writing or there is legal authorization to do so.

32
Q

Parent/Guarding Accessing Minor’s Tx Records

A
  • If parents provided consent, they can have access unless therapist believes there would be detrimental effects on therapy relationship or patient’s well being.
  • If minor consented, parents cannot access.
33
Q

Residential Shelter Services

A

12 or order may consent, must be intelligent enough to consent.

Professional offering residential series must make an effort to notify the parent or guardian that these services are being provided.

34
Q

Elder/Dependent Adult Reporting: Living at State Hospital or State Developmental Center

A
  • Report should be made to the Investigator of the State Department of State Hospitals or the State Department of Developmental Services AND local law enforcement agency.
  • Reports must be made immediately and written report must be sent within 2 hours.
35
Q

Summary of Tx Records

A

If patient agrees to summary, should be provided within 10 working days. If extenuating circumstances exist, 30 days.

36
Q

Sexual exploitation with 2 or more victims, or 2 or more acts with a single victim after prior conviction of sexual exploitation: Penalty

A
  • County jail for up to 1 year or fine of up to $1,000, or both, OR
  • Imprisonment in state prison for 16 months, two years, three years, and fine of up to $10,000, or both.
37
Q

Deception in Research

A

Should be avoided unless:

  1. Justified by the study’s value
  2. Alternative procedures are not available.
    - May never deceive subjects about research that may cause physical pain or emotional distress. Subjects must be debriefed as early as possible.
38
Q

Access to Treatment Records - California Law

A

Patients have right to inspect/have copy of their records unless provider declines due to adverse or detrimental consequences to pt. Provider must document the date of request and reason for refusing.

HIPAA differs.

39
Q

Psychological Assistant - Time limit, etc.

A
  • Registration becomes void if not renewed within 60 days of registration
  • Must notify board within 30 days of any changes in supervisor or location
  • Registration limited to 6 years
40
Q

False or misleading advertising

A
  • Misdemeanor punishable by imprisonment in county jail for up to 6 months, a fine of $2,500, or both.
  • Psychologists must include their license number in any advertising, public directory, or solicitation of business.
41
Q

Minor Consent - Rape Victim

A

12 and older may consent to medical care related to diagnosis, tx, an collation of evidence re. rape. Health care provider NOT permitted to inform minor’s parent or guardian without minor’s consent.

42
Q

Minor Consent - Drug or Alcohol Tx

A

Minor 12+ may consent to medical care and counseling related to dx and tx of drug or alcohol related problem. May only be rendered by provider under contract with state.

  • Must involve parent/guardian, if appropriate.
  • Professional must document contact of parent/guardian, when and whether successful, and if not, then WHY.
  • Minor cannot receive methadone etc. tx without parental consent.
43
Q

“Reasonable”

A

The prevailing professional judgment of psychologists engaged in similar activities in similar circumstances given the knowledge the psychologist had or should have had at the time.

44
Q

When the BOP requests a record from a psychologist:

A
  • The request must contain patient’s written authorization

- Psychologist must comply within 15 days

45
Q

In beginning therapy, recommended course of action is to:

A
  • Obtain written informed consent at the outset

- Provide information about psychologist’s privacy policy

46
Q

To hold a therapist liable for malpractice:

A

Four D’s:

Dereliction of Duty Directly causing Damages

47
Q

Psychologists should create and maintain records of professional work with following goals in mind (5)

A
  1. To facilitate future provision of services
  2. Allow for replication of research results
  3. To meet institutional requirements
  4. To ensure accuracy in billing
  5. To comply with the law