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Laws and Ethics Flashcards

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1
Q

Time frame for providing treatment summary to patient

A

10 working days, 30 calendar days if extenuating circumstances exist (Long records, etc.)

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2
Q

TIme frame if patient requests to inspect records

A

5 working days

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3
Q

Time frame if patient requests a copy of records

A

15 days

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4
Q

Child abuse reporting time frame

A

Must be reported by phone immediately or as soon as is practically possible, with a written report to follow within 36 hours

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5
Q

Elder/dependent abuse reporting time frame

A

Must be reported by phone immediately or as soon as is practically possible, with a written report to follow within 2 working days

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6
Q

Summary of reporting requirements for sexual assault

A

Under 14: sex with a partner 14 or older, must report

Under 14: lewd and lascivious contact with a partner of any age, must report

14 or 15: lewd and lascivious contact with someone 10 years or older than child, must report

Under 16: sexual intercourse with someone 21 and older

16 or older: not reportable with someone 16 or older if consensual

Under 18: Mandated if nonconsensual with someone of any age

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7
Q

Board of psychology

A

To protect the public by regulating providers of psychological services

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8
Q

Coursework completed prior to licensure

A

1) 1 semester or quarter of substance abuse
2) 10 hours human sexuality
3) 7 hours of child abuse
4) 15 hours of spousal abuse (If grad training began on or after 1/1/04; 2 hours if prior)
5) 10 hours of aging and long-term care (If grad training began on or after 1/1/04)

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9
Q

To become licensed psychologist

A

1) 3000 hours of SPE within a minimum of 1500 completed postdoctorally
2) Each 1500 hours of SPE must be completed within a 30-month period
3) EPPP
4) CPSE or CPLEE if already licensed 5 years in another state

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10
Q

Psychological assistant

A

1) Minimum of a master’s degree
2) Limited psychological services under the direct supervision of a licensed psychology or board certified psychiatrist (up to 750 hours)

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11
Q

Registered psychologist

A

1) Doctorate degree
2) SPE at least 1500 already accrued
3) Working at a nonprofit community agency that receives at least 25% if its funding from government sources; 30 month registration, cannot be renewed

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12
Q

SPE

A

1) Formal internship (Predoc SPE only)
2) Employee in exempt setting
3) Psych assistant
4) Formal postdoc training program
5) Registered psychologist (Postdoc SPE only)

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13
Q

Supervisor’s experience requirements

A

6 hours of supervision coursework every 2 years

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14
Q

Supervision requirements

A

1) Minimum of 10% of total time worked each week
2) At least 1 hour face to face direct individual supervision with primary supervisor each week
3) Max 44 hours per week including supervision can count toward SPE
4) SPE log must be maintained, to include log dates, hours worked, supervision, services, signature of supervisor and supervisee, statement of accuracy by primary supervisor

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15
Q

Supervisor’s requirements

A

1) Supervisor and supervisee must prepare and sign agreement prior to the start of SPE
2) Must be employed in the same work setting with no minimum hours of employment required
3) Supervisor’s must be available 100% of the time
4) Must notify supervisee’s patients prior to services that that supervisee is unlicensed and licensure will have full access to records
5) Must provide supervisees with the pamphlet Professional Therapy Never Includes Sex
6) Payment for supervision is not allowed
7) Psych assistants may not rent space from the supervisor or employee

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16
Q

Psychological assistants

A

1) Must renew registration annually
2) Registration may become void of not renewed within 60 days
3) Limited to a cumulative total of 6 years

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17
Q

Limitations on number of psychological assistants

A

1) Licensed psychologists (up to 3 at a time)
2) Board certified psychiatrist (1 at a time)
3) Psychology clinics (up to 10 at a time)
4) Psychology corporations (up to 10 at a time)

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18
Q

License

A

1) Renewed every 2 years; expires the last day of the licensee’s birth month
2) Can be renewed within 3 years of expiration; after three years, the person must apply for a new license
3) When not practicing, may put license on inactive status

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19
Q

Psychologists with out of state license

A

1) Can provide services in California for up to 30 days each calendar year
2) Can provide services in CA for up to 180 days from submitting application for California license to BOP or beginning residency, whichever occurs first

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20
Q

CE requirements for licensed psychologists

A

1) 36 hours of CE each renewal cycle (1.5 hours per month)
2) Up to 27 hours (75%) of independent learning allowed, effective 12/16/2006
3) Training in the area of law and ethics (CE course, workshop, other experiences), each renewal cycle, no minimum stipulated
4) One time renewal requirements of coursework in spousal/partner abuse, minimum of 1 hour (Only applies of grad training began prior to 1/1/2004)
5) One time renewal requirements of coursework in aging and long-term care, minimum of 3 hours (Applies only if grad training began prior to 1/1/2004)

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21
Q

Continuing ed qualified courses

A

1) Courses provided by APA or approved sponsor
2) Courses provided by CPA or approved sponsor
3) CME courses with CMA or ACCME approval

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22
Q

Non-disciplinary actions for minor violations

A

Remain confidential except citation and fine

1) Mediation
2) Educational letter
3) Letter of warning
4) Educational review
5) Citation and fine

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23
Q

Disciplinary actions for more serious violations

A

Referred for formal investigation

If there is support for allegations, the BOP submits the case to the Attorney General

1) Letter of reprimand (For minor violations; no patient harm)
2) Two-step agreement (for minor violations)
3) Probation- Licensed revoked, revocation stayed, terms and conditions of probation specified (when licensee has been negligent)

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24
Q

License suspended

A

When licensee cannot practice (when licensee has been convicted of a felony)

Licensee immediately suspend his/her practice (when licensee is a threat to public)

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25
Surrender of license
Licensee opts to surrender license before administrative hearing is completed
26
Revocation
License is lost (When licensee has been found guilty of sexual misconduct)
27
Recourse
To petition for reinstatement or modification of probation Time limits: 1) At least 3 years for reinstatement of a license revoked, suspended, or surrendered 2) At least 2 years for early termination of probation of 3 years or more 3) At least 1 year for early termination of probation of less than 3 years
28
Time frame for Accusations
Accusations must be filed within 3 years from the date the BOP discovers the alleged act or within 7 years from the date the alleged act occurred, whichever occurs first
29
Evidence Code 1016
No privilege when the patient raises issue of his/her mental/emotional condition
30
Evidence Code 1017
No privilege when the therapist is appointed by the court to examine the patient Excludes situations in which psychologist is hired to provide attorney for defendant with info upon which to base the defense
31
Evidence Code 1018
No privilege when the services of the therapist are sought to aid patient in committing a crime or escaping apprehension after committing a crime
32
Evidence Code 1019, 1021,1022
No privilege as to communication relevant to parties who are claiming through a deceased person, regarding a deed, will, or other document executed by the patient
33
Evidence Code 1020
No privilege when either therapist or patient alleges breach of duty
34
Evidence Code 1023
No privilege when the patient requests to determine his/her sanity
35
Evidence Code 1024
No privilege when therapist believes patient's emotional condition causes him/her to be a danger to self, others, or property and disclosure is NECESSARY to prevent danger
36
Evidence Code 1025
No privilege in proceedings brought by patient to establish his/her competence
37
Evidence Code 1026
No privilege when therapist is required to make a report, and report is open to public inspection
38
Evidence Code 1027
No privilege if patient is under 16 years old, has been a victim of a crime, and disclosure is in the best interest of the child
39
Emancipated minors
Can become emancipated in 1 of 3 ways: 1) Marrying legally 2) Enlisting in the military 3) Court declaration of emancipation- minor 14 or over, living separately from parents with consent, managing his/her own finances
40
Self-sufficient minors
1) 15 or older, living apart from parent with or without consent, managing own finances 2) Can lawfully consent to medical/dental treatment 3) Physician or dentist can contact minor's parent with or without consent of minor
41
California Family Code: Outpatient MH treatment or Residential shelter services
1) Minor MUST BE 12 YEARS OLD or older 2) Must be mature enough to participate 3) Must present as a danger to self or others, or have been the alleged victim of incest or child abuse 4) Outpatient MH should include parent/guardian unless involvement is inappropriate, must document efforts to contact or reason not to contact 5) When residential services are provided, MUST attempt to contact parents 6) Cannot receive ECT, Psychosurgery, or psychotropic meds without parent consent
42
Health and Safety Code: Outpatient MH treatment
1) Effective 1/1/2011 2) Minor MUST BE 12 YEARS OLD or older and must be mature enough to participate 3) DOES NOT REQUIRE that minor present as a danger to self or others, or have been the alleged victim of incest or child abuse 4) HEALTH AND SAFETY CODE PREVAILS over California Family Code 5) Outpatient MH should include parent/guardian unless involvement is inappropriate, must document efforts to contact or reason not to contact
43
California Family Code: Pregnancy
1) No minimum age stipulated 2) Minor can consent to medical care related to prevention or treatment of pregnancy 3) Medical care includes contraception and abortion 4) Medical care excludes sterilization 5) Provider NOT PERMITTED to inform parent without the minor's consent
44
California Family Code: Communicable disease
1) Minor must be 12 years or older 2) May consent to medical care related to diagnosis or treatment 3) Provider NOT PERMITTED to inform parent without the minor's consent
45
California Family Code: Sexual Assault
1) No minimum age stipulated 2) May consent to medical care related to diagnosis, treatment, or collection of evidence related to rape/sexual assault 3) Under 12, professional MUST ATTEMPT to contact parent unless professional suspects that parent committed the assault
46
California Family Code: Rape victims
1) Minor must be 12 years or older 2) May consent to medical care related to diagnosis, treatment, or collection of evidence related to rape/sexual assault 3) Provider NOT PERMITTED to inform parent without the minor's consent
47
California Family Code: Drug/alcohol treatment
1) Minor must be 12 years or older 2) May consent to medical care and counseling related to diagnosis or treatment of a drug or alcohol related problem 3) Counseling may be provided only by provider under state or county contract to provide such services 4) Must include parent/guardian if appropriate and must document efforts to include parent or reasons for not contacting parent 5) Minor may not receive methadone or other replacement narcotics without parental consent
48
When patients request treatment records
CA law: Provider may decline access to records if provider believes there would be adverse consequences to the patient HIPAA: Records can only be withheld when life/physical safety is threatened With adults, HIPAA prevails
49
When parent of a minor request treatment records
CA law: Provider may decline parental access if minor was legally authorized to get treatment w/o parental consent CA law: Provider may also decline if parental access to records could be either detrimental to therapy or put minor's well being in jeopardy HIPAA: Records can only be withheld when life/physical safety is threatened In this instance, CA LAW PREVALS
50
Tarasoff (Civil Code 43.92)
Legal obligation to warn intended victim and notify local law enforcement when a patient has communicated to the therapist a serious threat of physical violence against a reasonably identifiable victim
51
Ewing decision
Communications from family members are sufficient enough to warrant Tarasoff
52
Involuntary confinement of minors (5585)
Only an option when parent is not available to authorize voluntary treatment The treatment facility must attempt to notify the parent or guardian
53
Involuntary confinement following initial 72 hour hold
1) A person can be certified for up to 14 days if they continue to remain a danger to self, others, or are gravely disabled as a result of a mental disorder or impairment due to chronic alcoholism 2) Person must be advised of need for additional voluntary treatment, but refused 3) Entitled to certification review hearing within 4 days of the date of certification
54
Following 14 day hold for someone who is danger to self
5260: May be confined for an additional 14 days, not renewable
55
Following 14 day hold for someone who is danger to others
5300: May be confined for up to 180 additional days, can be renewed
56
Following 14 day hold for someone who is gravely disabled
5270.15: Confined for an additional 30 day unless a petition for conservatorship has been filed during the hold
57
Assault and confidentiality
1) Health practitioners who provide medical services to a person suffering from any wound resulting from assault or abuse are mandated to report 2) Providers of MH services are not mandated to report assault, nor are they permitted to report assault unless the patient gives explicit written consent
58
HIV and confidentiality
1) Health care providers occupationally exposed to possible HIV infected blood may request info about patient's HIV status. Physician may disclose info, but first must attempt to obtain patient consent 2) Physicians are permitted but not required to disclose a patient's HIV status to patient's partner. Test results must first be discussed with patient and there has been an attempt to obtain patient's consent 3) Provider's of mental health services may never breach a patient's confidentiality with regard to HIV status
59
HIPAA's 3 rules
1) Privacy: Safeguard's confidential patient information 2) Transaction: Standardized electronic transmissions 3) Security: Addresses physical security of patient records
60
HIPAA and Generalized Consent
Information given to patient describing that PHI may be disclosed for any of 3 purposes: 1) Treatment 2) Payment 3) To carry out health care operations Must obtain separate authorizations for any disclosures that are not for the purpose of treatment, payment, or health care operations
61
HIPAA and Patient Rights
1) Right of Notice- To be informed of privacy policy 2) Right to request restrictions- Right to reasonable requests to restrict use and disclosure of PHI 3) Right to receive confidential communications by alternative means and at alternative locations 4) Access to records 5) Right to Amendment- Right to request changes to PHI 6) Right to accounting- Can receive accounting of all PHI disclosures for the past 6 years
62
APA ethics code
Preamble, 5 general principles, and 10 ethical standards
63
Preamble
Goals of the ethics code are the Welfare and protection of the individuals and groups with whom psychologists work and the education of members, students, and the public regarding ethical standards of discipline
64
General Principles
Aspirational
65
1) BENEFICENCE AND NONMALEFICENCE:
strive to benefit others and minimize harm
66
2) FIDELITY AND RESPONSIBILITY
psychologists should clarify roles and manage conflicts, cooperate with other professionals
67
3) INTEGRITY
Promote accuracy, honesty, and truthfulness, uphold commitments, and use deception with care
68
4) JUSTICE
All persons should benefit from psychology and should be treated equally
69
5) RESPECT FOR PEOPLE'S RIGHTS AND DIGNITY
Respect for the rights of privacy, confidentiality, self-determination, and autonomy. Mandates sensitivity to cultural diversity

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