Laws and Regulations - Business General Practices

Question 1

The BOP bases its standards on what?

Answer 1

Ethical Principles of Psychologists and Code of Conduct of APA

Question 2

Supervisors are supposed to base their provision of sup based on what?

Answer 2

Ethical Principles of Psychologists and Code of Conduct of the APA

Question 3

Exceptions to privilege include which 3 circumstances during court hearing?

Answer 3

1. competency to stand trail
2. patient claims insanity plea
3. emo damage

Question 4

where does it say that patient’s have a right to a psychologist’s background?

Answer 4

patient’s bill of rights

Question 5

What are the 6 areas of patient bill of rights?

Answer 5

1. know psychologist’s background
2. second opinion
3. copy of records, referral
4. limits of confidentiality
5. written info $, insurance, time session, cancellation
6. treatment plan in writing

Question 6

What is time frame if someone wants to put in a complaint against a lic psychologist?

Answer 6

3 years from when BOP finds out of incident
7 years when act occurred
whichever comes first

Question 7

what is time frame to file an accusation against a psychologist for committing sexual act w former clt?

Answer 7

BOP finds out - within 3 years to file complaint
10 years from when act happened
whichever comes first

Question 8

When can a psychologist withhold treatment records and is it ethical/legal?

Answer 8

HIPAA says you can’t ever withhold treatment records for non-payment; ethical conflicts with law

Question 9

License means that you can practice what?

Answer 9

psychological services under boundary of your competence

Question 10

What are guidelines for forensic evaluations?

Answer 10

1. Invited to include person of interest’s input -> if not possible, state limitations in eval
2. methods should be appropriate and sufficient
3. should not base results on obsolete data
4. acknowledge limitations of data

Question 11

what if you are lic in a practice and personal issues getting in the way of practice?

Answer 11

1. if being clearly negligent towards patients - should temporarily halt practice.
2. if problem is new - consult
3. consider suspending practice, consult, seek personal therapy, seek consultation

Question 12

what is sexual contact as stated in Therapy Never Includes Sex Brochure?

Answer 12

touching of intimate part; sexual intercourse

Question 13

What is sexual behavior as stated in Therapy Never Includes Sex Brochure?

Answer 13

inappropriate contact

Question 14

Evidence code 1024

Answer 14

Privilege btwn clt and therapist may not exist if clt communicates danger to self, others, property, and to break confidentiality would be to prevent danger

Question 15

Evidence code 1016 says when the court hires a psychologist, privilege?

Answer 15

does not exist because the courts need to get a sense of the clt through the psychologist

Question 16

undershot circumstances does privilege stop existing?

Answer 16

1. psychologist is hired by court to eval clt
2. Board of Prisons eval clt
3. danger self, HI, property - tell to prevent
4. need to report - open to public
5. under 16 y/o victim of crime
6. dead - will, deed
7. patient is dead - communication
8. breach of duty
9. dead - interests settled in legal battle
10. commit a crime to escape apprehension
11. establish patient’s sanity
12. establish patient’s competence
13. mental or emo condition as defense

Question 17

statutory rape is considered to have occurred when an adult has sex with a minor. what is other important factor to consider if this abuse is reportable?

Answer 17

if sexual relations were or were not consensual

Question 18

BOP says that you must turn in your patient records, how long do you have?

Answer 18

15 days, must include written consent from clt

Question 19

How many years does your license need to be expired in order to have to file for a new application?

Answer 19

3 year after ____ ______

Question 20

When can a licensed be revoked?

Answer 20

psychologist engages in
fraud
lying - misleading
misrepresentation

Question 21

Starting Jan 2023 what are Continuing Professional Development requirements of 4 categories?

Answer 21

Prof Development
Sponsored CEs
Academic
Board Certification
each renewal cycle must get 36 hours from at least two of these hours
27 hours can be from CEs

Question 22

Psychological associate’s supervisor must tell the BOP w/in ____ days that they have ____ their prof. relationship

Answer 22

30 days - ended and the PA must notify the BOP

Question 23

When does registration of psychological associate with the BOP become void after non-payment/non-renewal?

Answer 23

After 60 days expiration

Question 24

What is limit for a psychological associate number of years practicing?

Answer 24

6 years or 72 months

Question 25

Grave disability means? and must be_____

Answer 25

Patient cannot independently care for themselves and require help of support system to care for themselves to provide food, clothing, shelter. Support MUST be stated in writing

Question 26

How many supervisor's can a supervisee obtain SPE of required 3,000 hours? Limit of hours able to log?

Answer 26

can be only 1 ________ to get SPE. limit a supervised may log under SPE is 44 hours/week

Question 27

What is a person remains homocidal after third certification (180 day) hold?

Answer 27

Allowed to be newer after ____ day hold

Question 28

What happens if a person is still GD after third certification (30 day) hold?

Answer 28

Can ONLY be held longer if we are waiting for conservatorship results and that it was filed during their third hold.

Question 29

What happens if a clt is still SI after third certification hold? (14 days)

Answer 29

They HAVE to be released. NOT RENEWABLE

Question 30

Requirements for SPE logs?

Answer 30

Kept by supervisee location services provided hours worked type supervision provided services performed signed and statement by supervisor that its correct

Question 31

when a clt is placed on a hold, what types of documentation has to exist?

Answer 31

1. probable cause statement 2. MUST be available to go to court if clt asks for a post certification hearing to determine probable cause

Question 32

if a lawyer contacts you for a competency/emotional harm/insantity to ask for clt records

Answer 32

MUST always include ROI in order to release records

Question 33

If a clt does not show for a session and they use insurance?

Answer 33

You can NOT bill insurance. You CAN charge ct full fee if it is your office policy

Question 34

Legally, who needed to sign supervision agreement when I was at JCMH, Kathy, Juan, Anderson, and me?

Answer 34

_____, only Kathy and I had to sign, then she had to send document to BOP before the start of our work together + Verification of Experience form (signed sealed in envelope)

Question 35

Ethically AND legally, court ordered therapy, and how does it work talking to courts?

Answer 35

_____ ______, must secure IC from patient. ROI must be given in order to release details to court

Question 36

What happens if a license revocation is stayed?

Answer 36

Psychologist is then put on probation.

Question 37

Lic faces interim suspension when a psychologist is what and does what related to duties as a psychologist?

Answer 37

Consequences of lic. when a psychologist violates Business and Prof Code/ broke duties related to being a psychologist and is considered to be a danger to the public.

Question 38

Difference between interim vs automatic suspension?

Answer 38

duties of being therapist harmed, violated Business and Prof Code and Danger to public vs what happens when they are convicted of a felony

Question 39

When a supervisor refers employer to EAP, they are entitled to what? If supervisor wants to know more?

Answer 39

Only know dates when employee attended sessions/ if employee actually went to therapy. To know more the employee/clt would have to sign ROI.

Question 40

HIPAA says that when a clt asks for their entire required?

Answer 40

May be refused if it would cause danger for requestee and should better send info compliant with HIPAA

Question 41

When I wanted to talk to Jack on the phone at Edgewood, I could not because?

Answer 41

When put on hold, could only happen_____ specific times of the day.

Question 42

When I wanted to talk to Jack on the phone at Edgewood, I could not because?

Answer 42

When put on hold, could only happen_____ specific times of the day.

Question 43

What if a clt on a 5250 wants to challenge a hold from being SI?

Answer 43

Patient directly has to initiate a WRIT (the family CANNOT)

Question 44

What if a patient wants to challenge a hold from being GD of 5150? on a 5250 they are ____ to file a ____ of habeous corpus

Answer 44

This hold CANNOT be challenged - too dangerous on the ____ hold They CAN file a WRIT____ on the ____ hold

Question 45

HIPAA Stands for what?

Answer 45

Health Insurance Portability Accountability Act

Question 46

To fail to report child abuse, it is a criminal or civil offense?

Answer 46

CRIMINAL 6mo jail/ $1K Serious or death = 1yr jail/ $5K

Question 47

if a child 12 or young wanted to get tested for sexually communicable diseases, they would need?

Answer 47

Parent consent for ____ y/o to get _____

Question 48

What if a therapist is charged with a sexual encounter w a minor? Disciplinary action?

Answer 48

Cannot revoke license based on a _____. Another way to say is that therapist is accused of engaging of an inappropriate act. NO _____ ______.

Question 49

Harmful multiple relationship is considered a _______. Steps to resolve. Does it have to be ____?

Answer 49

CONFLICT Steps to _____: 1.Must take MAXIMAL compliance to Ethics code. 2. Minimize damage to person impacted. Does NOT have to be TERMINATED ASAP

Question 50

Who do you have to explain assessment results to?

Answer 50

Person you tested with consideration of their ability to take in information unless its a child _ include parents

Question 51

Factors that ensure consultation capable you have to have competence: Mandated how? ___ and _______

Answer 51

knowledge of age gender SES culture race national orgin religion sexual orientation ability/disabilty language both a legal and ethical ______

Question 52

Can a psychologist recommend specific types of medication or even general class of medication to a clt?

Answer 52

NO because it it out of their scope of practice

Question 53

To get a copy of a record?

Answer 53

15 days

Question 54

To get a summary?

Answer 54

10 working days

Question 55

Copy of a complicated record?

Answer 55

30 days

Question 56

To come see record?

Answer 56

5 working days

Question 57

____ hrs each renewal cycle of CPD sponsored CEs; ____ hrs each renewal cycle of CPD sponsored

Answer 57

27;27

Question 58

Ben Stiller probably ___ when worked at LT care facility (_______ _____) if seriously hurt someone, they would have found out w/in ___ hours ; if grandma got abused at home ____ working days.

Answer 58

24 hours to report non serious abuse LT care facility or 2 hrs if serious abuse vs at home abuse 2 working days

Question 59

If Olivia Benton had to work w an 11 year old rape and sexual assault victim, her parents ____ have to be notified. OK for youth to consent to _____.

Answer 59

HAVE to be notified if raped / sexually assaulted also w sexual communicable disease ___ ____ y/o Okay if they consented to help after being raped

Question 60

Remember definition of sexual contact is that sexual contact is _______

Answer 60

BROAD has to include touching or seeing genitals penetration exposing

Question 61

Sexual Misconduct is . If a clt showed picture of private parts considered to be sexual misconduct

Answer 61

Talking about inappropriate sexual conversations suggesting innuendos

Question 62

Okay to reveal confidential info if ______

Answer 62

clt has agreed and done so in writing via ROI

Question 63

If there is a safety issue, therapist can terminate asap and _______.

Answer 63

Therapist safety #1; referrals DO NOT need to be provided

Question 64

To give a RIM job to Business and Professionals in PUBLIC would be dangerous - lead to suspension

Answer 64

Interim suspension granted when therapist breaks Business and Prof code and danger to public or convicted crime to public

Question 65

who are the two people to sign off on a 5250?

Answer 65

Pyschologist/Psychiatrist or prof person works for facility

Question 66

Requirement for supervision SPE ______ available of time; 1 hr should be ____ to ____

Answer 66

available 100% and 1 hr should be face to face