Laws and Regulations - Business General Practices Flashcards

1
Q

The BOP bases its standards on what?

A

Ethical Principles of Psychologists and Code of Conduct of APA

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2
Q

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

A

Ethical Principles of Psychologists and Code of Conduct of the APA

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3
Q

Exceptions to privilege include which 3 circumstances during court hearing?

A
  1. competency to stand trail
  2. patient claims insanity plea
  3. emo damage
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4
Q

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

A

patient’s bill of rights

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5
Q

What are the 6 areas of patient bill of rights?

A
  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
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6
Q

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

A

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

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7
Q

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

A

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

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8
Q

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

A

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

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9
Q

License means that you can practice what?

A

psychological services under boundary of your competence

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10
Q

What are guidelines for forensic evaluations?

A
  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
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11
Q

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

A
  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
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12
Q

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

A

touching of intimate part; sexual intercourse

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13
Q

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

A

inappropriate contact

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14
Q

Evidence code 1024

A

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

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15
Q

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

A

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

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16
Q

undershot circumstances does privilege stop existing?

A
  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
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17
Q

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?

A

if sexual relations were or were not consensual

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18
Q

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

A

15 days, must include written consent from clt

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19
Q

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

A

3 year after ____ ______

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20
Q

When can a licensed be revoked?

A

psychologist engages in
fraud
lying - misleading
misrepresentation

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21
Q

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

A

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

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22
Q

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

A

30 days - ended and the PA must notify the BOP

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23
Q

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

A

After 60 days expiration

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24
Q

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

A

6 years or 72 months

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25
Q

Grave disability means? and must be_____

A

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

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26
Q

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

A

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

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27
Q

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

A

Allowed to be newer after ____ day hold

28
Q

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

A

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

29
Q

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

A

They HAVE to be released. NOT RENEWABLE

30
Q

Requirements for SPE logs?

A

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

31
Q

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

A
  1. probable cause statement
  2. MUST be available to go to court if clt asks for a post certification hearing to determine probable cause
32
Q

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

A

MUST always include ROI in order to release records

33
Q

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

A

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

34
Q

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

A

_____, 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)

35
Q

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

A

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

36
Q

What happens if a license revocation is stayed?

A

Psychologist is then put on probation.

37
Q

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

A

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.

38
Q

Difference between interim vs automatic suspension?

A

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

39
Q

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

A

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

40
Q

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

A

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

41
Q

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

A

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

42
Q

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

A

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

43
Q

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

A

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

44
Q

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

A

This hold CANNOT be challenged - too dangerous on the ____ hold

They CAN file a WRIT____ on the ____ hold

45
Q

HIPAA Stands for what?

A

Health
Insurance
Portability
Accountability
Act

46
Q

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

A

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

47
Q

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

A

Parent consent for ____ y/o to get _____

48
Q

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

A

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

49
Q

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

A

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

50
Q

Who do you have to explain assessment results to?

A

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

51
Q

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

A

knowledge of
age
gender
SES
culture
race
national orgin
religion
sexual orientation
ability/disabilty
language

both a legal and ethical ______

52
Q

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

A

NO because it it out of their scope of practice

53
Q

To get a copy of a record?

A

15 days

54
Q

To get a summary?

A

10 working days

55
Q

Copy of a complicated record?

A

30 days

56
Q

To come see record?

A

5 working days

57
Q

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

A

27;27

58
Q

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.

A

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

59
Q

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 _____.

A

HAVE to be notified if raped / sexually assaulted also w sexual communicable disease ___ ____ y/o

Okay if they consented to help after being raped

60
Q

Remember definition of sexual contact is that sexual contact is _______

A

BROAD has to include touching or seeing
genitals
penetration
exposing

61
Q

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

A

Talking about inappropriate sexual conversations

suggesting
innuendos

62
Q

Okay to reveal confidential info if ______

A

clt has agreed and done so in writing via ROI

63
Q

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

A

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

64
Q

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

A

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

65
Q

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

A

Pyschologist/Psychiatrist or prof person works for facility

66
Q

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

A

available 100% and 1 hr should be face to face