Oregon Jurisprudence Exam July 2013

Question 2

Privilege

Answer 2

The legal right to confidentiality

Question 3

Privilege is claimed by… (p.1)

Answer 3

1. Patient
2. Guardian or Conservator
3. Personal Representative of the Deceased
4. Therapist on Behalf of the Patient

PGRT (Mnemonic)

Question 4

Limits to Privilege (p. 1)

Answer 4

1. Judge ordered exam or evaluation
2. Mental condition is part of a defense
3. Mental condition is part of a defense after DEATH
4. Communication is needed for involuntary commitment
5. HIPAA
6. 179505 (Section 12)
7. Intent Crime Law 40.252

Question 5

Confidential Communications (p. 1)

Answer 5

1. Made for the purposes of Dx or Tx of mental or emotional condition.
2. Not intended to be disclosed to 3rd person.
3. Privileged under Oregon Law.

Question 6

Holder of Privilege

Answer 6

Patient

Question 7

Disclosure of Written Accounts by Health Care Services Provider-**ORS 179.505-Section 12 **(p. 17)

Answer 7

1. Information obtained in the course of Dx, evaluation, or Tx, which in the professional judgment of provider indicates a CLEAR AND IMMEDIATE DANGER TO OTHERS OR TO SOCIETY may be reported to the appropriate authority.
2. Decision NOT to disclose information shall not subject the provider to civil liability.
3. Provider = a provider in a public agency.

Question 8

Decision NOT to Disclose (p. 17)

Answer 8

Decision not to disclose information shall NOT subject the provider to civil liability.

Question 9

Provider - ORS 179.505 - Section 12 (p. 15)

Answer 9

1. Public Agency
2. Publicly Operated Institution
3. Private Organization that operates as a Community Mental Health (CMH) provider
4. Contracter of the DHS

In short, “public provider or therapist”

Question 10

3.04 Avoiding Harm (APA, 2002, p. 58)

Answer 10

Psychologists take reasonable steps to avoid harming their patients or clients, research participants, students, and others with whom they work, and to minimize harm where it is foreseeable and unavoidable.

Question 11

4.05 Disclosures (APA, 2002, p. 61)

Answer 11

Psychologists disclose confidential information without the consent of the individual only as mandated by law, or where permitted by law for valid purposes, such as:

1. Provide needed professional service to patient, individual, or organizational client.
2. Obtain professional consultations.
3. Protect patient or others from harm.
4. Obtain payment for services (limited to the minimum that is necessary to achieve that purpose).

Question 12

Patient Records (Release of Information) - 179.505 Section 3 (p. 15)

Answer 12

• Patient MUST give WRITTEN informed consent for records to be released.
• Consent must be:

1. Written
2. Signed
3. Dated

Question 13

Release of Information Includes… (p. 15)

Answer 13

1. Name of provider who this information is going to.
2. Name of patient.
3. Extent and nature of information to be disclosed.
4. Statement that consent can be revoked at any time.
5. Expiration data of consent.
6. Signature of patient or representative.
7. Date of signature.

Question 14

Release of Information without Consent-179.505 Section 4 (p. 16)

Answer 14

1. Medical emergency (SI, HI, Involuntary hospitalization).
2. Peer review, research, or fiscal audits.
3. Governmental agencies to secure payment.
4. Within a department.
5. HIPAA related disclosures (Tx, Payment, & Health Care Operations)

Question 15

Limitations of Record Release

Answer 15

Confidentiality limited by Oregon Law 179.505:

1. Information obtained in the course of Dx, evaluation, or Tx, which in the professional judgment of provider indicates a CLEAR AND IMMEDIATE DANGER TO OTHERS OR TO SOCIETY may be reported to the appropriate authority.
2. Can apply to patient records.

Question 16

Refusal to Release Patient Records (p. 17)

Answer 16

Provider can refuse to release information if it would constitute an immediate and grave detriment to the Tx of the patient.

Question 17

Access to Records-ORS 179.505 Section 14 (p. 17)

Answer 17

Persons granted access to written records of a patient shall not disclose the contents of those records to any other person except as allowed by law.

Question 18

4.06 Consultations (APA, 2002, p. 61)

Answer 18

When consulting with colleagues:

1. Do not disclose confidential information that reasonably could lead to the ID of the client/patient, research participant unless they have obtained prior consent or the disclosure cannot be avoided, and;
2. Disclose information only to the extent necessary.

Question 19

Rights of Individual & Person Wanting to Review Records

Answer 19

1. Must be weighed between both parties.
2. Both rights may be limited, but ONLY to the BENEFIT OF THE CLIENT.

Question 20

Record Keeping (Private Practitioners)

Answer 20

Encouraged to:

1. Adopt voluntary guidelines that will grant patients access to own medical records.
2. Preserve them from unnecessary disclosure.

Question 21

Covered Entities (HIPAA)

Answer 21

1. Must abide by HIPAA regulations.
2. Covered entities include:

• Health Plans
• Health Care Clearinghouses
• Health Care Providers

…that transmit health information in electronic form in connection with a HIPAA standardized transaction.

Question 22

Disclosures Injurious to the Patient

Answer 22

Provider can withhold records or provide a summary.

Question 23

Confidential Information in Databases (APA, 2002, p. 62)

6.02 Maintenance, Dissemination, and Disposal of Confidential Records of Professional and Scientific Work

Answer 23

1. Information in databases or record systems should be coded to avoid personal identifiers.
2. If research protocol requires the use of personal identifiers, these labels should be removed before information is made accessible to outside people.
3. If deletion is not possible, consent from patient is sought.

Question 24

Preserving Records and Data (OAR 858.010.0060, p. 35)

Answer 24

1. Psychologist arranges in advance for the protection of confidential records and data in the event of their death, incapacity, or withdrawal from practice.
2. Records are double-locked, or protected with a password on a computer.
3. Records kept for 7 years in OAR 858.010.0060.

Question 25

Preserving Records (APA, 2002)

Answer 25

In the absence of a superseding requirement, psychologists may consider retaining full records until:

• 7 years after the last date of service delivery for adults, OR
• 3 years after a minor reaches the age of majority, whichever is later.

Question 26

Ownership of Records and Data

Answer 26

Psychologists take reasonable and lawful steps so that records and data remain available to the extent needed to serve the best interest of patients.

Question 27

6.03 Withholding Records for Nonpayment (APA, 2002; p. 63)

Answer 27

Psychologists may not withhold records requested and imminently needed for a patient's Tx solely because of nonpayment, except as provided by law.

Question 28

Health Insurance Portability and Accountability Act (HIPAA) - ORS 192.518-192.524

Answer 28

* Passed in Oregon in 2003. * Oregon is a HIPAA compliant state.

Question 29

HIPAA Background

Answer 29

* Designed to improve efficiency and effectiveness of the health care system by encouraging the development of standards for the electronic transmission, privacy and security of certain health information. * Oregon must comply with HIPAA.

Question 30

HIPAA (Best Practice & Statutes re: PHI, p. 21)

Answer 30

1. Obtain written consent (one-time at intake) and understand when additional authorization is required. 2. Patients will be informed of the relevant HIPAA regulations in written form at onset of Tx. 3. Patients asked to sign a form and a copy will be kept in the medical record. 4. Relevant HIPAA rules are posted. 5. Applies to PHI. 6. Oregon HIPAA compliant state. 7. Psychologists maintain HIPAA consistent security.

Question 31

**Communications Revealing Intent to Commit Certain Crimes Law ORS 40.252** (p. 2)

Answer 31

There is NO privilege if, in the professional judgment of the person receiving the communications, THE COMMUNICATIONS REVEAL A CLEAR AND SERIOUS INTENT at the time of the communications are made to COMMIT A CRIME involving: * P=Physical Injury * T=Threat to Physical Safety of Any Person * S=Sexual Abuse * D=Death PTSD (mnemonic)

Question 32

If Intent to Commit Certain Crimes are Perceived... (ORS 40.252, p. 2)

Answer 32

1. Person receiving the communications makes a report. 2. Issues Include: * This is NOT a _Duty to Report_, NOR a _Duty to Warn_. * The person who discloses (psychologist) is immune from civil liability, if * S/he reports, OR * S/he does NOT report 3. It is NOT stated to whom one reports. 4. It need not be due to mental illness.

Question 33

Tarasoff Standard (Definition)

Answer 33

Where there is a clear and immediate threat of serious harm to an IDENTIFIABLE victim, a therapist has a DUTY TO WARN the intended victim.

Question 34

Tarasoff Standard (Oregon)

Answer 34

Oregon has neither **ADOPTED _NOR_ REJECTED** the Tarasoff Standard.

Question 35

Tarasoff Standard and Relationship to Oregon Law - ORS 179.505

Answer 35

For public providers, Oregon statute ORS 179.505 (section 12) ALLOWS therapists to report to appropriate authorities: 1. Information obtained in the course of Dx, evaluation, or Tx, which in the professional judgment of provider indicates a CLEAR AND IMMEDIATE DANGER TO OTHERS OR TO SOCIETY may be reported to the appropriate authority. 2. Decision not to disclose information shall not subject the provider to civil liablity.

Question 36

Tarasoff Standard and Relationship to Oregon Law - 40.252 Rule 504-5

Answer 36

The Communications Revealing Intent to Commit Certain Crimes Law ORS 40.252 ALLOWS therapists to report to appropriate authorities: * If in the professional judgment of the person receiving the communications, THE COMMUNICATIONS REVEAL A CLEAR AND SERIOUS INTENT at the time of the communications are made to COMMIT A CRIME INVOLVING: * **P**=Physical Injury * **T**=Threat to Physical Safety of Any Person * **S**=Sexual Abuse * **D**=Death

Question 37

ORS 179.505 (section 12), Oregon Law 40.252 Rule 504-5, & APA Ethical Guidelines (2002)

Answer 37

Combining these 2 Oregon statutes & APA Ethical Guidelines "protect your client and others from harm", a psychologist **MAY** disclose relevant information to authorities.

Question 38

Child Abuse (Defined) - ORS 419B.005-419B.050 (p. 27)

Answer 38

* **P**=Physical Harm, assault * **M**=Mental harm * **S**=Sexual Abuse & exploitation * rape of child * photographing child sex acts/allowing children to view sex acts * child prostitution * **N**=Neglect * endangering the health & welfare of a child * **T**=Threatening to harm child * **B**=Buying/selling a child * **M**=Permitting child to remain in location where methamphetamines are manufactured * **D**=Unlawful explosure to controlled substance that subjects child to substantial risk of harm to child's health/safety **PMS NTB MD** (mnemonic)

Question 39

Child (defined, p. 27)

Answer 39

An unmarried person under the age of 18

Question 40

Reporting Abuse - ORS 419B.010 - Non-clients (p. 28)

Answer 40

"Any public or private official who has REASONABLE CAUSE TO BELIEVE that any child with whom the official comes in contact has suffered abuse or that any person with whom the official comes in contact has abused a child shall IMMEDIATELY report or cause a report to be made in the manner required..." 1. Must report to DHS, their designee, or law enforcement in non-confidential situations. 2. Failure to make a report is a CLASS A violation.

Question 41

Reporting Abuse - ORS 419B.010-Clients (p. 29)

Answer 41

Nothing contained in ORS 40.225-40.295 shall affect the duty to report imposed by this section, except that a Psychiatrist, **PSYCHOLOGIST**, Clergyman, or Attorney shall **NOT** be required to report such information if communication by a person if the communication is privileged.

Question 42

Reporting Abuse - ORS 40.225-40.295 - Privileged Situations

Answer 42

1. Psychologists are not required to report information learned of in a privileged communication. 2. APA Ethical Guidelines recognize that a psychologist may be required to act to prevent harm to his or her patient or others. 3. Other laws may apply: * 179.505 (section 12) * Crime Intent Law 40.252 Rule 504-5 4. In Oregon Law, if Psychologist reports child abuse in GOOD FAITH, s/he is immune from civil/criminal liability.

Question 43

Reporting Child Abuse - In Good Faith

Answer 43

In Oregon Law, if Psychologist reports child abuse in GOOD FAITH, s/he is immune from civil/criminal liability.

Question 44

Conflict Between State Law & APA Ethical Guidelines

Answer 44

* There is an interaction and, at times, a conflict between Oregon Statutes and Ethics: * APA Ethical Guidelines may establish a higher standard of conduct than Oregon Law: 1. APA Ethical Guidelines recognize that a Psychologist **MAY** act to **PREVENT** harm to her patients and others (3.04 & 4.05).

Question 45

Elder Abuse (Defined, p. 5)

Answer 45

* **P**=Physical Injury * **A**=Abandonment * **W**=Willful infliction of physical pain or injury * **N**=Neglect * Endangering the health or welfare of the elderly person * **C**=An act that constitutes a crime * $=Wrongfully taking money or property ** PAWN C$**

Question 46

Reporting Elder Abuse (ORS 124.050-124.095)

Answer 46

1. An elderly person is 65 or older. 2. Psychologists are listed as mandated reporters of elder abuse: * As a public official who comes in contact with elders _in the performance of the official's duty_. * "Any public or private official who has REASONABLE CAUSE TO BELIEVE that any person 65 or older with whom the official comes in contact, while acting in an official capacity, has suffered abuse or that any person with whom the official comes in contact while acting in an official capacity has abused an elder person shall report or cause a report to be made." * Abuse is reported to the DHS or to law enforcement. * There are exceptions in privileged communication.

Question 47

Exceptions to Reporting Elder Abuse

Answer 47

1. Psychologists are **NOT** required to report information learned of in a privileged communication. 2. However, the APA Ethical Guidelines recognize that a psychologist **MAY** be required to act to prevent harm to his or her patient or others. 3. Other Oregon Laws that may apply: * 179.505 (section 12) * Criminal Intent Law (40.252 Rule 504-5)

Question 48

Mentally Ill or Developmentally Disabled (MIDD) Adult Abuse (Defined, p. 79)

Answer 48

**D**=Death * **P**=Physical Injury * **A**=Abandonment * **W**=Willful infliction of physical pain or injury * **N**=Neglect * **S**=Sexual abuse (harassment or exploitation) * **F**=Financial Exploitation * **I**=Involuntary Seclusion * **R**=Restraint * **C**=Crime * **V**=Verbal Abuse **PAWNS FIRC V** (Mnemonic)

Question 49

Reporting MIDD Abuse (ORS 430.735-430.765; p. 85)

Answer 49

1. An MIDD person is 18 or older who is mentally ill or developmentally disabled and receives services from a community program or facility. 2. Psychologists are listed as mandated reporters: 3. As a public official who comes in contact with adults _in the performance of the official's duty:_ * "Any public or private official who has REASONABLE CAUSE TO BELIEVE that any adult with whom the official comes in contact, while acting in an official capacity, has suffered abuse or that any person with whom the official comes in contact while acting in an official capacity has abused an adult person shall report or cause a report to be made." * Abuse is reported to the DHS or to law enforcement. * There are exceptions in privileged communication.

Question 50

Exceptions to Reporting MIDD Abuse

Answer 50

1. Psychologists are **NOT** required to report information learned of in a privileged communication. 2. However, the APA Ethical Guidelines recognize that a psychologist **MAY** be required to act to prevent harm to his or her patient or others. 3. Other Oregon Laws that may apply: * 179.505 (section 12) * Criminal Intent Law (40.252 Rule 504-5) 4. Under Oregon Law, if a psychologist reports MIDD Abuse in GOOD FAITH, s/he is immune from civil and criminal liability.

Question 51

Link between Animal Abuse, Domestic Violence, and Child Abuse

Answer 51

Oregon Law states that "...there is a clear link between animal cruelty and crimes of domestic violence, including child abuse."

Question 52

Aggravated Animal Abuse in the 1st Degree

Answer 52

* This crime is committed if the person: 1. Maliciously kills an animal; or 2. Intentionally or knowingly tortures an animal * Class C Felony

Question 53

Aggravated Animal Abuse (Maliciously Defined)

Answer 53

Maliciously means intentionally acting with a depravity of mind and reckless and wanton disregard of life.

Question 54

Aggravated Animal Abuse (Torture Defined)

Answer 54

Torture means an action taken for the primary purpose of inflicting pain.

Question 55

Aggravated Animal Abuse Does NOT Include

Answer 55

Good animal husbandry, as defined by ORS 167.310

Question 56

Reporting of Aggravated Animal Abuse (ORS 609.654; p. 88)

Answer 56

1. Psychologists **MAY** report Aggravated Animal Abuse. 2. Define Conditions: * Reasonable Cause to Believe * Has come in contact with the abused/abuser 3. Report to Law Enforcement * Any city or municipal police department, * Any county sheriff's office, * The Oregon State Police, * A law enforcement division of a county or municipal animal control agency that employs sworn officers.

Question 57

Mentally Ill Person (Defined) ORS 426.005 (p. 43)

Answer 57

A person who, because of a mental disorder, is one or more of the following: 1. **Dangerous** to self or others. 2. Unable to provide for **basic** personal **needs** and is not receiving such care as is necessary for health or safety. 3. A person who has any of the following characteristics: * Is chronically mentally ill (**CMI**) as defined by ORS 426.495. * Within the previous **3 years**, has been placed in **2X** in a **hospital** or approved inpatient facility by the department. * Is exhibiting symptoms or **behavior** substantially **similar** to those that preceded and led to 1 or more of the hospitalizations or inpatient placements. * Unless treated, will continue, to a reasonable medical probability, to physically or mentally **deteriorate** so that the person will become 1 or 2 above.

Question 58

Chronically Mentally Ill Person (Defined) ORS 426.495 (missing from packet)

Answer 58

1. 18 years or older. 2. **Diagnosed** by a **Psychiatrist**, a Licensed Clinical **Psychologist** or a **non-medical examiner certified** by the DHS as suffering from chronic **Schizophrenia**, a chronic **Major Affective Disorder**, a chronic **Paranoid Disorder,** or another chronic **Psychotic Mental Disorder** other than those caused by substance abuse.

Question 59

Civil Commitment of Mentally Ill Persons (General Guidelines)

Answer 59

General Guidelines: 1. **Least Restrictive** Environment: * Contract for safety. * Pursue increased # of outpatient sessions. * Increase phone sessions, use family support, help phone lines. * Pursue voluntary hospitalization first. 2. Outline **reasons/needs** for involuntary hospitalization clearly. 3. Include only **germane info**rmation. 4. Always consider the **best interest of the patient**. 5. If the hospitalization is **voluntary** the patient cannot be held more than **72 hours**. 6. Psychologists **MAY **_withhold_ information which is **not related** to the commitment or constitues a danger to another person. 7. Person is usually transported by a **sheriff, police**, or a **person designated** by the community mental health program. 8. If there are medical issues, an **ambulance** can transport. 9. Focus on the **safety of the patient and other**s, including the therapist and staff.

Question 60

Involuntary Civil Commitment-ORS 426.070 - Procedures (p. 44)

Answer 60

1. Initiated by (ORS 426.070): * **County Health Officer** * Any **2 persons** filing papers in court (typically the psychologist and ER Doctor). * Court **Magistrate** 2. **Transport** is provided by police or ambulance (if medical emergency) 3. After papers are filed, CMH Program Director sends out a **Mental Health Investigator** who **advises judge** whether or not to hold a hearing.

Question 61

Involuntary Civil Commitment-ORS 426.070 - Timeframes (p. 46)

Answer 61

**Investigation:** 1. If person remains in **community**, up to **15** **days** to **complete investigation**, but must be **told** about it **within 3** **days** per 426.074. 2. If person is being **held**, **5 days** are allowed to complete the investigation ORS 426.210. **After Admission:** 1. An **examiniation** of mental condition **must begin 48 hours** after admission ORS 426.200. 2. If further hospitalization is necessary, 48 hours after determining this, either a **signed application** for **voluntary** admission is needed or **involuntary** commitment. 3. Person can be held 3 days prior to being sent into a 14-day period of intensive treatment. 4. A person admitted for voluntary admission cannot be detained more than 72 hours of giving notice of their wish for discharge ORS 426.217.

Question 62

Involuntary Civil Commitment-ORS 426.070 - Length of Commitment (p. 53)

Answer 62

1. If committed to outpatient or inpatient Tx, a person can be held up to **180 days**, and then can be **recommitted** or changed to **voluntary status**. 2. Patient can **appeal** recommitment **within 14 days** (of the 180 day deadline). 3. If the person does **NOT appeal** the commitment, it can be continued for an indefinite period of time up to 180 days (ORS 426.301 - section 3c).

Question 63

Involuntary Commitment (Types)

Answer 63

1. Civil Involuntary 2. Guilty (except for Insanity) 3. Fitness for Trial (Competence) 4. Sexually Dangerous 5. Guardian-recommended (if Guardian has a right to do so)

Question 64

Emergency Commitment of Certain Native Americans ORS 426.180 (P. 56)

Answer 64

1. This section of the law addresses emergency commitments of a person **from a reservation** for **land-based tribes** of Native Americans when, under federal law, the state does not have jurisdiction of commitments on the reservation. * Essentially, it allows commitment similar to state law.

Question 65

Rights of Minors ORS 109.610-109.695 (Right to Dx and Tx; p. 3)

Answer 65

1. Without parental consent at age **14**. 2. For mental/emotional diosrders or chemical dependency (**excluding methadone** maintenance). 3. Attempt to **involve parents** **before** the **end** of **Tx** ("shall have parents involved before the end of tx.") unless: * Parents **refuse** to be involved. * A child who has been **sexually abused** by the parent. * An **emancipated** minor by law. * A child who has been **self-sustaining** for **90 days** prior to tx. * Other clear indications that parents should not be involved, related to "**best interest of client.**" 4. Psychologist may advise parents whenever disclosure is clinically appropriate and will **serve the best interests** of the **minor's tx**. 5. **Disclosure** of tx to parent **can be made** **without minor's consent** if: * Disclosure is clinically appropriate and will serve the minor's best interest because: * **Deterioration** has occurred. * **Suicide risk** has increased to the point inpatient care is needed. * **Detox** is required at a residential or acute care facility. * Practitioner is **NOT civilly liable** for this disclosure. * Practitioner also **CANNOT be sued** by the parents for providing care in GOOD FAITH. * Parents who do not give consent CANNOT be obligated to **pay** for services.

Question 66

Rights of Minors ORS 109.610-109.695 (Informed Consent & Assent)

Answer 66

For all Tx of minors _with the parents' participation_, psychologists seek **assent** from the minor.

Question 67

Authority of Parent When Other Parent Granted Sole Custody of Child (ORS 107.154; p. 2)

Answer 67

1. Non-custodial parents have **equal access** to Tx and records, as does the custodial parent. 2. Consent of **1 parent** is **not enough**, if: * You know the consenting parent does not have **authority** for Tx decisions in the divorce decree. * The other parent **expresses reservations** about Tx. 3. Safest route in a divorce situation is to obtain a copy of the **divorce decree** and **custody agreement**.

Question 68

Placement of Child or Ward (ORS 419B.195; p. 39)

Answer 68

1. If the court finds that a child is in need of placement in substitute care, there shall be a **preference** given to a placement with **relatives** and persons who have a **child-parent relationship** with the child. 2. The DHS shall consider: * Ability of person(s) to provide **safety**; ability to **cooperate** with any **restrictions on contact** between the child and others; ability to prevent anyone from **influencing** the child in re: to the case. * Ability of the person to **support** the efforts of the **DHS**. * Ability of the person to **meet the child's** physical, emotional, and educational **needs**. * Which person has the **closest relationship** with the child, if more than one person requests to have placement. * Where appropriate, the **Indian Child Welfare Act** will be followed.

Question 69

Court Appointed Counsel for Children (ORS 419.B.195; p. 39)

Answer 69

1. If the child, parent, or guardian requests counsel for the child but is w/o sufficient financial means, the court may **appoint suitable counsel** to represent the child. 2. Upon appointment of an attorney, various persons and organizations, including psychologists shall **permit the attorney to inspect and copy any records** of the child or children involved in the case, **w/o the consent of the child, children, or parents.**

Question 70

Sexually Dangerous Persons (Defined; p. 76)

Answer 70

Sexually dangerous person means a person who because of **repeated or compulsive acts** of misconduct in **sexual matters**, or because of a **mental disease** or **defect,** is deemed **likely to continue** to perform such acts and be a **danger to other persons.**

Question 71

Sexually Dangerous Persons (Voluntary Admission to State Institution; p. 76)

Answer 71

1. A state institution may admit and hospitalize a patient over the **age of 18** in need of medical or mental therapeutic **tx as a sexually dangerous person** who **voluntarily** has made a **written application** for such admission. 2. Persons **under the age of 18** need **permission** from a **Guardian or Parent**.

Question 72

Sexually Dangerous Persons (Tx Programs; p. 77)

Answer 72

1. DHS may **establish Tx** programs either separately within: * An existing Department of **Corrections**, * **DHS institution**, or * Specified and approved sites in the **community**.

Question 73

Sexually Dangerous Persons (Other Rules; p. 77)

Answer 73

1. Statutes provide for: * **Determination** of sexually dangerous persons, hearing, and sentencing rules. * Rules for **trial visits** for probationer.

Question 74

Worker's Compensation (Privilege)

Answer 74

1. Filing a **worker's compensation claim** _waives the privilege_ for all relevant records, if the **client** is **seeing you** for a **worker's comp evaluation**. 2. Client gives **written consent** for the evaluation.

Question 75

Immunity

Answer 75

Civil Immunity for GOOD FAITH reporting

Question 76

Continuing Education Administrative Rules (858.040.0015; p. 45)

Answer 76

**Amount** 1. **50** CE's in **2 consecutive calendar years** are required. * **4 CE's** in **Ethics** every 2 years. * **7 CE's** for **Pain Management** (1 of these online) once in a lifetime. * CE's are needed to **maintain competence**. 2. If **licensed \< 2 years**, **25 CE's** needed. **Policy** 1. **Qualified programs** are formal programs which contribute directly to the professional competence of the licensee. **Subject Matter** 1. Primarily substantive psychological issues, skills, or laws, rules and ethical standards. **Program Prerequisites** 1. A **description** of the program is prepared in advance. 2. A record of **attendance** is maintained. 3. Program conducted by a **qualified instructor** or leader.

Question 77

Continuing Education (Qualified Programs; p. 47)

Answer 77

1. Substantive professional development programs of **recognized mental health organizations**. 2. **College** courses * Credit courses and short non-credit courses 3. **Formal**ly organized **work place education** programs 4. **Study groups** that meet requirements: * At least **3** other Psychologists or **Mental Health Professionals** attend * **Syllabus** of meeting dates and topics * **Attendance** at each meeting * Recorder of **minutes** 5. **Supervision** or consultation for a **fee** 6. **Home Study** 7. Credit as a l**ecturer** (voluntary and unpaid) 8. **Publications** (e.g., articles, books)

Question 78

Continuing Education (CE Credits; p. 48)

Answer 78

1. **Home study & study groups**, combined cannot account for more than **25 credit hours**. 2. **Lectures and published material** cannot account for more than **25 credit hours**. * An instructor, discussion leader, or speaker shall be given **2 hour**s for **prep**aration for each hour of presentation time and **1 hour** for each hour of **presentation time**.

Question 79

2.01 Boundaries of Competence (APA Ethical Guidelines)

Answer 79

1. Psychologists recognize the boundaries of their competence and limitations of their expertise. 2. Psychologists use all appropriate resources to maintain areas of competence. 3. In addition to continuing education, psychologists may seek consultation, supervision, training, or engage in additional area of study to build competence. 4. In emerging areas wihtout generally recognized standards for training, psychologists take reasonable steps to ensure the competence of their work and to protect patients, clients, students, research participants, and others from harm.

Question 80

Duty to Report Law (ORS 676.110-676.992; p. 92)

Answer 80

1. Law passed in 2009 requiring licensees to **report "prohibited or unprofessional conduct"** of other health licensees to their professional licensing boards within **10 days**. 2. Does not prescribe any particular method for reporting. **A phone call, fax, email, or letter** would all be acceptable methods of reporting to the appropriate health regulatory board. 3. Four areas: * Criminal Conduct * Unprofessional Conduct * Confidentiality * Self-Reporting

Question 81

Duty to Report Law-Criminal Conduct (p. 92)

Answer 81

1. Under these provisions, a psychologist who believes a medical Doctor, Licensed Massage Therapist, or a Physical Therapist (for example) is violating that profession's laws or rules, would be **required to make a report** directly to that health regulatory board. 2. There is a list of all health regulatory boards on the OBPE website under **Links**. 3. The new law requires reporting conduct that constitutes: * A **criminal act against** a patient or client; or * A criminal act that **creates a risk of harm to a patient or client.**

Question 82

Duty to Report Law-Unprofessional Conduct (p. 92)

Answer 82

1. Licensees must also report "**unprofessional conduct**." 2. In general, unprofessional conduct is defined as: * "Conduct unbecoming a licensee or detrimental to the **best interests of the public**," * "Conduct contrary to **recognized standards of ethics**," * "Conduct that **endangers the health, safety, or welfare** of a patient or client."

Question 83

Duty to Report Law-Confidentiality

Answer 83

1. If the other health professional is the **psychologist's patient**/client **AND** the reportable **information** was **obtained during** a **therapy** session, the information would be **subject to confidentiality** laws and should **NOT** be reported. 2. If the patient or client **reveals a plan** to " _commit a crime_ involving Physical Injury, Threat to the Physical Safety of Any Person, Sexual Abuse, or Death (PTSD)," the treating psychologist **MAY** make a report.

Question 84

Duty to Report Law-Self-Reporting (p. 92)

Answer 84

1. Requires licensees to **report** any **arrest** for, or **conviction** of, a **felony** offense to the **OBPE** within **10 day**s. 2. Licensees must also report a **conviction** of a **misdemeanor** offense to the OBPE within **10 days**. 3. **Failure** to promptly report **could result** in **disciplinary action**. 4. During the **2010** renewal process, OBPE began requiring licensees to report criminal convictions or pending adjudications. * Those answering in the **affirmative** would be **subject to further inquiry** by the Board. * They would **not necessarily** be the subject of **a complaint**.

Question 85

Duty to Report (Conflict with State Law and Ethical Guidelines)

Answer 85

1. Ethical complains require an **informal resolution** (if appropriate), but **state law requires a report**. 2. Given the two inconsistencies, psychologists should **1st contact colleague** they have a concern about and **then report** to the OBPE.