Jurisprudence Terms Flashcards
(118 cards)
1
Q
What agency deals with elder abuse?
A
Department of Elder Affairs (DEA)
2
Q
Define elder abuse.
A
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
3
Q
What is the exception to elder abuse (ie what is not considered abuse)?
A
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
4
Q
What type of abuse is unique to elder abuse?
A
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
5
Q
Define an elderly person.
A
an individual who is 60 or older
6
Q
Define a caretaker.
A
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
7
Q
Define a conservator
A
person appointed to manage the estate of an elderly person
8
Q
Define a guardian.
A
a person who is the guardian of an elderly person (different than a guardian ad litem)
9
Q
What actions must mandated reporters of elder abuse take? What about death by elder abuse? What happens if you fail to take these steps?
A
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
10
Q
Can a person who makes a report be liable? What are the conditions?
A
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
11
Q
Can someone be fired for making a report?
A
No, employers or supervisors may not fire, demote, or otherwise punish an employee who files a report in accordance with the provisions
12
Q
What should elder abuse reports contain?
A
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
13
Q
Can elderly people assert privilege?
A
No, elderly people CANNOT assert privilege; that is, they cannot ask you to not make a report
14
Q
Who is considered a mandated reporter of elder abuse?
A
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
15
Q
What happens after a report of elder abuse is filed?
A
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
16
Q
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?
A
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
17
Q
What about in cases of an emergency?
A
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
18
Q
What is the process for appointment of a conservator or guardian of an elderly person? Who pays for the evaluation?
A
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)
19
Q
What agency deals with abuse of disabled persons?
A
Disabled Persons Protection Commission (DPPC)
20
Q
What is the goal of DPPC? Who serves on it, and how long can they serve?
A
Investigates and remediates abused of disabled people; 3 members who serve terms of no more than 5 years
21
Q
Define abuse of disabled persons.
A
an act that results in serious physical injury or emotional injury, or unconsented sexual activity
22
Q
What is the exception to abuse of disabled persons (ie what is not considered abuse of disabled persons)?
A
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
23
Q
Can a disabled person assert privilege (ie ask you not to report)?
A
Yes.
24
Q
Define caretaker
A
The disabled person’s parent, guardian, or other person or agency responsible for their health and welfare.
25
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
26
Define a reportable condition
a serious physical or emotional injury resulting from abuse, including unconsented sexual activity
27
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
28
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
29
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)
30
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
31
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
32
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
33
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
34
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
35
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”
36
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
37
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)
38
How long are licenses valid?
For 2 years. They must be renewed biannually.
39
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.
40
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
41
Can you be liable for filing a complaint against a psychologist?
No, as long as it is done in good faith without malice.
42
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.
43
How long do you have to wait before you can submit an application to the board for reinstatement?
3 years
44
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
45
When can psychologists disclose confidential information?
When it protects the rights and safety of others.
1. The patient presents a clear and present danger to himself and refuses (either explicitly or through his behavior) to voluntarily accept appropriate treatment
2. 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
3. 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
46
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
47
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
48
What steps should the psychologist take if there is no explicit communication, but a patient has a history of violence and the psychologist believes there is reason someone will be harmed?
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
49
What can the psychologist disclose if they need to collect money owed by a patient?
A psychologist may only disclose the nature of the services provided, dates of services, amounts due, and other financial information
50
What are the rules regarding restrictive covenants (ie noncompetes)?
A contract that establishes the terms of employment or any other form of professional relationship with a psychologist licensed in MA may not include a restriction of the right of that psychologist to practice in any geographic area for any period of time after termination of the partnership, employment or professional relationship; such a contract/agreement will be void and unenforceable with respect to this restriction, but not the remainder of the contract
51
What agency deals with child abuse?
DCF (Department of Children and Families)
52
What is the mission of DCF?
To strengthen and encourage family life and protect and care for children, to assist family in use of available resources, to provide substitute care of children only when the family or their resources are unable to provide the necessary care and protection to ensure sound health and development
53
What is a 51A report?
A report that details suspected child abuse or neglect
54
Define a child
Under the age of 18
55
Define a CHINS
AKA Child in need of services
A child between the ages of 6 and 17 who:
- Repeatedly runs away from home
- Fails to obey lawful and reasonable commands of a parent
- Repeatedly fails to obey lawful and reasonable school regulations
- Fails to attend school for more than 8 school days in a quarter
56
When can a parent, legal guardian, or police officer apply for CHINS?
If the child persistently runs away from home, refuses to obey reasonable commands of parent/guardian, or the parent/guardian is unable to adequately care for or protect the child
57
When can a supervisor of school attendance apply for CHINS?
If the child willfully fails to attend school or persistently violates the regulations of the school
58
What happens after applying for CHINS?
The court will then hold a hearing and receive a recommendation from a probation officer regarding whether or not the child is in need of services; if yes, then a trial on the merits of the case (unless the child is brought in on arrest)
59
Does the child have a right to counsel at these hearings?
Yes
60
What happens if the court determines that the child is in need of services?
They can prescribe medical, psychological, psychiatric, education, occupational, and social services; they can permit the child to stay with their parents or place the child with a relative, probation officer, or other adult found able to care for the child, or place the child in DCF custody
61
Can a child in need of services be committed to an institution for juvenile delinquents?
No, but they may be committed to a group home to provide therapeutic care
62
How long do CHINS remain in place? What are the rules about extension? When must the order stop?
No more than 6 months; the court may extend the duration for additional 6 month periods; no order can continue in effect after their 18th birthday or 16th birthday if the order was put in place for truancy (kids don’t have to attend school past their 16th birthday)
63
Define custody.
Power to (1) determine the child’s place of residence, medical care, and education, (2) control visits to a child, and (3) consent to enlistments, marriages, and other contracts that require parent consent
64
Define substantial bodily injury.
Bodily injury which involves a substantial risk of death, extreme physical pain, long-lasting and obvious disfigurement or lasting loss or impairment of the function of a body part, organ, or mental faculty
65
At what age can a child offer statements on their own behalf when determining the best interests of the child?
12 or older
66
What are grandparent visitation rights?
If the parents of a minor child are divorced, married but living apart, or if both or either parents are deceased,
the grandparents of the minor child may be granted reasonable visitation rights to the child if it is in their best interest
67
Under what conditions must a mandated reporter report suspected child abuse?
When the reported has reasonable cause to believe that a child is suffering physical or emotional injury from:
(1) abuse that causes harm or substantial risk of harm to health or welfare, including sexual abuse,
(2) neglect, including malnutrition, or
(3) physical dependence upon an addictive drug a birth
68
What actions must be taken when reporting child abuse? What if they are part of an institution (ie school)
Must immediately make a verbal report to the DCF 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
If part of an institution (e.g., school, hospital, etc.), the mandated reporter may instead notify the person who is in charge of that institution ad they will become responsible for notifying DCF
Photos taken by hospital personnel must be sent with the report
69
What happens if a frivolous report of child abuse/neglect is made?
It is punishable by a fine of no more than $2000 for the first offense, a $2000 fine and no more than 6 months in prison for the second offense, and the $2000 fine and no more than 2.5 years in prison for the third and subsequent offenses
70
What happens if mandated reporters have knowledge of abuse that resulted in serious injury and fail to report it?
It will be punished by a fine of no more than $5000 or imprisonment for no more than 2.5 years, or both
71
What are child abuse reports referred to? What should they contain?
51A reports.
Should contain the names/addresses of children and guardians, age, child’s sex, nature of abuse/neglect, circumstances under which the reporter first became aware of maltreatment, any action that was taken, name of person making report, name of person responsible for abuse/neglect
72
Can mandated reporters of child abuse be liable for filing a report?
No, not if it was made in good faith, was not frivolous, and the reporter did not perpetrate the abuse/neglect
73
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
74
How long after receiving the report will DCF notify the mandated reported of the outcome?
Within 30 days of receiving a report from the mandated reporter, DCF will notify the mandated reporter in writing of its determination, the extent of the injury, and the services the department intends to provide
75
Do children have the right to assert privilege?
No, they can not ask you not to make a report.
76
What happens if DCF has reasonable cause to believe the child's health/safety is in immediate danger?
They can take the child into immediate temporary custody to prevent further abuse/neglect. The investigation will begin within 2 hours of initial contact and the report will be completed no more than 24 hours after initial contact
77
What if DCF does not have reasonable cause to believe the child is in imminent danger? What is the timeline for 1) beginning the investigation and 2) making a determination?
The investigation must begin within 2 business days form initial contact and determination must be made within 15 business days
78
Define delinquent child.
Any child ages 7-17 who commits any offense against the law
79
# Define youthful offender.
What behaviors are included?
A person who is subject to an adult or juvenile sentence for having committed an offense against the law while between the ages of 14 and 17; if this person had been an adult during the offense, their actions would have been punishable by imprisonment and they must have at least one of the following:
o Previous DYS commitment
o Have committed an offense which involves the inflection or threat of serious bodily harm
o Committed a firearms offense
80
Define fiduciary
Guardian, conservator, trustee, or any person who manages funds on others’ behalf
81
What is considered likelihood of serious harm?
(1) Harm to self. A substantial risk of physical harm to the client as manifested by evidence of, threats of, or attempts at suicide or serious bodily harm
(2) Harm to others. A substantial risk of physical harm to others as manifested by evidence of homicidal or other violent behavior or evidence that others are placed in reasonable fear of violent behavior and serious physical harm to them
(3) Impaired judgment. A very substantial risk of physical impairment or injury to the client as manifested by evidence that their judgment is so affected that they are unable to protect themselves in the community
82
Define qualified psychologist.
A psychologist who is licensed and meets qualifications required by the department of mental health; need not be an employee of the department
83
Define reasonable precautions in the context of duty to warn.
A licensed mental health professional has taken reasonable precautions if they make reasonable efforts to take one or more of the following actions in a situation where another reasonable member of their profession would have done the same thing under similar circumstances:
o The person. Communicates a threat of death or serious bodily injury to the reasonably identified victim(s)
o Law enforcement. Notifies an appropriate law enforcement agency in the vicinity where the potential patient or victim resides
o Voluntary Hospital. Arranges for the patient to be hospitalized voluntarily
o Involuntary Hospital. Takes appropriate steps to initiate proceedings for involuntary hospitalization
84
Define restraint
Bodily physical force, mechanical devices, chemicals, confinement or seclusion which limit freedom of movement
85
What happens when a person is involuntarily committed?
Who can apply for involuntary commitment?
Who can apply: physician, nurse, LICSW, qualified psychologist, police officer
May restrain or authorize use of restraint and apply for hospitalization for 3 days
Then must be discharged unless petition is filed. Patient can apply for voluntary admission
o This is only if the court has issued a commitment first
o The court can appoint a guardian to have authority over antipsychotic medication treatment
o All of this expires when the commitment is over
86
What happens when a person is voluntarily committed? At what ages may someone apply for their own commitment?
A person may have themselves voluntary committed if they need care
o A person who is at least 16 years old can apply for their own commitment, their parent/guardian can apply on their behalf if they are under 18, and a guardian can apply for someone under their guardianship
o They may receive outpatient care instead if that is more appropriate
87
When can someone leave if they are voluntarily committed?
o These people are free to leave at any time and parents/guardians may withdraw them at any time without permission; the facility can assess them to determine treatment progress, suitability for discharge, and competence of family to meet needs
o If they facility doesn’t believe they should leave, they can file a petition with the court to have them stay and the person can be held at the facility until the hearing
88
What happens if qualified mental health care providers believe that failure to hospitalize would create a likelihood of serious harm by reason of mental illness?
Qualified mental health care providers may restrain or authorize restraint of patients and apply for their hospitalization for a 3-day period
89
What happens when a court doubts whether a defendant in a criminal case is competent to stand trial?
It may order an examination of the defendant to be conducted by a physician or psychologist
90
What happens after the examination of competency to stand trial by a psychologist or physician?
The court may order that the person be hospitalized at a public facility (or if a male who requires strict security, at Bridgewater State Hospital) for no more than 20 days (can be extended to 40 days) for further evaluation and observation to determine whether the person is competent to stand trial or not criminally responsible for their crime
91
What happens at the conclusion of the 20 day observation period to assess competence to stand trial? What does a finding of incompetency require?
Physicians/psychologists will give their opinions to the judge.
If the court is satisfied that the person is competent, the trial will continue; if not, the court will hold a hearing on whether they are competent to stand trial
A finding of incompetency requires a preponderance of evidence; if determined incompetent, the case will be stayed until the defendant becomes competent
92
What happens if a person is found incompetent to stand trial or not guilty by reason of mental disease?
They can be hospitalized for 40 days for observation and examination
If someone is still incompetent to stand trial within 60 days or is not guilty by reason of mental disease or defect, the court can be petitioned for commitment of the person to a facility or Bridgewater State Hospital for 6 months
After this expires, they can be committed for additional 1-year periods
93
Who can petition the court for an order to commit a person who is believed to have a substance or alcohol use disorder?
Any police officer, physician, spouse, blood relative, guardian, or court
94
What will happen if an order is placed to commit a person who is believed to have a substance or alcohol use disorder?
The court will hold a hearing; if the person doesn’t show up, the court can issue a warrant for their arrest
After the hearing, if the court determines that the person is likely to sustain serious harm as a result of their alcohol or substance abuse, they can be committed for no more than 30 days in a facility that treats alcoholism or substance abuse
95
Licensed mental health professionals do not need to warn potential victims of their patient unless.....
(1) the patient has communicated an explicit threat to kill or inflict serious bodily injury on a reasonably identified victim(s) and the patient has the apparent intent and ability to carry out the threat, and the professional fails to take reasonable precautions outlined above or
(2) the patient has a history of physical violence that is known the professional and the professional reasonably believes there is clear and present danger that the patient will attempt to kill or inflict serious bodily injury against a reasonably identified victim(s) and the fail to take reasonable precautions outlined above
96
Define a sexually dangerous person
Any person who:
o Has been convicted as a juvenile or youthful offender of a sexual offense and suffers from a mental abnormality or personality disorder that makes them likely to engage in sexual offenses if not confined to a secure facility
o Has been charged with a sexual offense and was determined incompetent to stand trial and suffers from a mental abnormality or personality disorder that makes them likely to engage in sexual offenses
o Has previously been adjudicated for sexual misconduct that indicates a lack of power to control sexual impulses as evidenced by repetitive or compulsive sexual misconduct by either violence or aggression against a victim under 16
97
What is the difference between guardians and conservators?
Guardians may be appointed for protection of the person only and their body
Conservators must be appointed for the protection of property and business affairs of a person in need of protection
98
When can a guardian be appointed?
May be appointed for an incapacitated person who for reasons other than old age or minority has a clinically diagnosed condition that results in an inability to receive/evaluate information or make/communicate decisions in order to care for their physical health, safety, or self-care
The court can appoint a temporary guardian in the cause where a petition for appointment of a guardian is pending and the court feels it is an emergency situation; this guardianship will last up to 90 days and can be extended
99
When can a conservator be appointed? What needs to be demonstrated?
May be appointed if the person is unable to manage property or business affairs effectively because of a clinically diagnosed impairment
100
Regarding privileged communication, the patient has the right to...
Refuse to disclose and to prevent any witness from disclosing any communication between the patient and psychotherapist
101
If the patient is incompetent to exercise this privileged communication (eg child)....
A guardian can act on their behalf
102
When does privilege not apply?
o The psychotherapist determines that the patient is in need of hospitalization for mental or emotional illness or if there is a threat of imminently dangerous activity by the patient against himself or another person
o The communications were made in the course of a court ordered psychiatric evaluation; communications will be admissible in court only if they pertain to the patient’s mental or emotional condition, but not as a confession of guilt
o The patient introduces his mental or emotional condition as an element of his claim or defense (except those involving child custody or adoption)
o In any proceeding after the death of a patient in which mental or emotional condition is introduced by a beneficiary of the patient
o In any case involving child custody or adoption when the judge determines that the psychotherapist has evidence bearing significantly on the patient’s ability to provide suitable care or custody and that information is more important to the welfare of the child than the discourse of communication
o In any proceeding brought by the patient against the psychotherapist in which disclosure is necessary or relevant to the defense of the psychotherapist
103
What information can be shared with insurance companies?
Diagnosis and treatment information for billing purposes.
104
What are the guidelines if seeking consultation with another psychologist?
You must use best efforts to safeguard the client’s privacy by not disclosing the client’s name or other identifying information
105
When must the limits of confidentiality be disclosed to a patient?
At the initiation of the professional relationship; by the end of the first professional session unless there are documented substantial clinical reasons for withholding such information; limits of confidentiality must be provided before beginning any evaluation/testing
106
What if the client begins to discuss matters that are likely to result in the psychologists having to reveal confidential information without consent before the psychologist has an opportunity to inform the patient about the limits of confidentiality?
Then the psychologist should immediately inform the patient of the limits of confidentiality
107
Who must be informed about the limits of confidentiality when the client is a minor?
The psychologist must inform he client’s legal guardian about the limits of confidentiality
108
Define clear and present danger to himself.
The client presents a clear and present danger to himself when:
o The psychologist believe the client is at substantial risk of physical impairment or injury to himself as manifested by evidence of threats of or attempts at suicide or serious bodily harm, or
o The psychologist believe that client’s judgment is so affected that he will be unable to protect himself in the community
109
When is there duty to warn?
Reasonable basis to believe that there is clear and present danger of physical violence against a clearly identified or reasonably identifiable victim—when the psychologist believes that the patient’s words or behavior strongly suggest there is a reasonable possibility that the client ill attempt to kill or inflict serious bodily injury on a reasonable identified victim or victims whom the client’s words, behavior, or history have clearly identified as a likely target of such behavior
110
What are the qualifications of a designated forensic psychologist?
o Licensed to practice as a psychologist and has a doctoral degree
o Worked for at least 2 full time years post-doctorate as a psychologist doing clinical work
o At least 1,000 supervised hours with psychiatric patients on an inpatient unit
o Completed an approved training at Bridgewater State Hospital, a Department of Mental Health facility, a District Court that has Mental Health forensic services, or a County Jail or House of Correction
o Has completed an examination given by Forensic Mental Health Supervisor
• They must apply to the Assistant Commissioner for a Forensic Mental Health for their designation; this designation is valid for 3 years
• They have the authority to conduct examinations and make reports
111
When is someone eligible for the certification as a Health Service Provider?
They have a doctoral degree, have at least 2 years of full time supervised health service experience, and an APA approved pre-doctoral internship program
112
If you file a compliant with the Board and the Board determines that the complaint has merit, what might the Board request?
They may request that the licensee respond to the complaint either personally or through an attorney
The response must be within a timely manner in accordance with the request of the Board
113
What happens if the licensee fails to respond to the Board, or if the Board determines that there is reason to believe the licensee committed a violation?
The Board may vote to issue an order to show cause or offer to resolve the complaint in a mutually agreed upon way
114
What disciplinary actions might the Board take?
The Board may revoke, suspend, or cancel a license, or reprimand, censure, put on probation, or otherwise discipline a psychologist
115
What does probation involve for psychologists?
Probation may require the psychologist to undergo therapy, complete training, get supervision of work, or there may be restrictions on their practice of psychology
116
What is the process for license renewal?
Must renew every 2 years, send in fee
Must fulfill continuing education requirements, which must be obtained through Board recognized, APA accredited education
117
How many CE credits are needed for renewal?
20 every 2 years
118
Can publications be used for CE credits?
Yes, publications may be substituted for no more than 10 hours of the 20 required hours; and 1 publication = 10 hours
