Oregon Revised Statutes Relating to the Practice of Psychology (2017), revised 2/18

Question 1

OREGON EVIDENCE CODE- PRIVILEGES

4 Main Rules

40. 230 Rule 504
41. 252 Rule 504-5
42. 264 Rule 507-1
43. 280 Rule 511

Answer 1

4 Main Rules

40. 230 Rule 504: Psychotherapist-Patient Privilege.
41. 252 Rule 504-5: Communication revealing intent to commit certain crimes.
42. 264 Rule 507-1: Certified advocate-victim privilege.
43. 280 Rule 511: Waiver of privilege by voluntary disclosure

Question 2

40.230 Rule 504: Psychotherapist-Patient Privilege.

May be claimed by?

Answer 2

Patient

Guardian or conservator of patient.

Personal representative of deceased patient.

Psychotherapist on behalf of patient.

Question 3

Limits Psychotherapist-Patient Privilege (Rule 504)

Answer 3

If judge orders an examination.

Patient uses mental disorder as a criminal defense.

After the patient’s death when any party uses condition as a part of the party’s claim or defense.

Question 4

40.252 Rule 504-5: Communication revealing intent to commit certain crimes.

Conditions and exceptions to privilege

Answer 4

Serious threat of clear and serious intent to commit a crime involving physical injury, sexual abuse or death or safety of another person.

No “Duty to report,” but MAY report.

No liability if in good faith.

Question 5

40.262 Rule 507-1. Certified advocate-victim privilege

Question 6

40.280 Rule 511. Waiver of privilege by voluntary disclosure.

Question 7

Authority of parent when other parent granted sole custody of child. ORS 107.154

Answer 7

To inspect and receive school records and to consult with school staff, to the same extent as custodial parent.

To inspect and receive government and law enforcement records, to the same as custodial parent.

To consult with any person who may provide care or treatment.

To authorize emergency medical, dental psychological, psychiatric, if custodial parent is unavailable.

To apply to be child’s conservator, guardian or both.

Question 8

Certain persons immune from liability for providing care to minor if only one parent has consented (109.672).

Who is immune?

Under what parental conditions?

Answer 8

Psychologist or facility is immune.

The parents can be married, separated or unmarried.

Even if consenting parent is not custodial parent.

The giving of consent by only one parent is, or is not, in conformance with any agreement between parents or any custody order or judgment.

Immunity dose NOT apply if the consentng parent’s rights had been terminated.

Question 9

Under what conditions may a minor be treated for mental or emotional disorder or chemical dependency without parental consent? 109.675

Answer 9

14 years old

Chemical dependency (except methadone tx)

Involve parents before end of tx, unless they refuse or it is contraindicated, or they have been sexually abused

Emancipated minor or,

A minor living apart from parents for 90 days

Question 10

Disclosure without minor’s consent. 109.680

Answer 10

May advise parents or legal guardian, if

• best interest of the minor
• minor’s condition has deteriorated, risk of suicide, need for other care or inpatient, or requires detox in resedential

Parent or guardian not liabile for payment

Question 11

Elder Abuse definitions include. 124.050

Answer 11

A physical injury at variance with explanation.

Neglect, abandonment, withdrawal.

Willful infliciton of physical pain or injury.

Crime against, verbal abuse, financial exploitation.

Physical or chemical restraint.

Sexual abuse.

Question 12

Duty to Report Elder Abuse, and Exceptions to reporting. 124.060

Answer 12

Mandated to report any reasonable cause to believe abuse of any 65 year old one has come in contact with.

MAY report, but not mandated, if abused was learned of in the privilege confines of psychotherapy.

Question 13

Method and content of reporting elder abuse. 124.065

Answer 13

Immediate oral report to DHS

Content shall contain the names and addresses of the elder, personals responsible for their care, the nature and extent of the abuse.

Content shall also include any info as to the cause of identity of persons causing abuse.

Question 14

Required disclosure of PHI to law enforcement agency (elder abuse). 124.072

Answer 14

Permit law enforcement to inspect and copy PHI of elder.

Upon request by law, consult with the agency about PHI of the elder.

Reporter immunity if in good faith.

Reporter identity confidential unless judicial process or consent of elder.

Question 15

Confidentiality of records and exceptions (elder abuse). 124.090

Answer 15

Records of reports are confidential, except:

law enforcement agency, Long-term care Ombudsman.

Courts and administrative law judge.

Question 16

Sexually violent dangerous offender definition. 137.765

Answer 16

History of sexual assault, seriously violating the life or safety of a person or if the person is under 12 years.

Psychopathic personality features, sexually deviant arousal patterns.

Question 17

Conditions for Mandatory lifetime post-prison supervision for sexually violent dangerous offender. 137.765

Answer 17

>=18 years old

Sexually violent dangerous offender.

Rape in the first degree and sodomy if victim was under 12, forcibly compulsed, or incapable of consent.

Question 18

Resentencing hearing and possible modification of sentence of sexually violent dangerous offender. 137.771

Answer 18

No sooner than 10 years after offender is released to post-prison supervision, the offender may petition court.

Not less than 5 years after denial of resentencing, an offender may petition again.

Question 19

Authorization to disclose PHI requirements 192.556

Answer 19

Description of to be disclosed info.

Specific identifying info of discloser.

Specific identifying info of receiver of info.

Purpose of disclosure and that the patient had requested.

Date of expiration.

Signature of patient or pt. rep

Patient right to revoke at any time.

Question 20

Definition of PHI 192.556 (11)

Answer 20

Identifiable health information that is maintained or transmitted in electronic form.

Question 21

Routine allowed reasons for Disclosure of PHI without need for authorization. 192.558

Answer 21

To coordinate care with another provider to the patient.

Otherwise permitted by law.

Court order.

Patient non-payment.

Detecting fraud in care providers.

Question 22

Fees for releasing PHI. 192.563

Answer 22

$30 for 10 or fewer pages.

$.50 per page for 11 through 50.

$.25 for greater than 50.

Question 23

Circumstances allowing for PHI Disclosure without signed authorization form. 192.567

Answer 23

May disclose to family or friend, (responsible for the patient’s healthcare), info directly relevant to the patient’s healthcare… the location, general condition, or death of the patient.

• if the pt is not present, incapacitated
• and in the pt’s best interest

May disclose if pt is serious threat to self or others

Question 24

Personal representative of deceased. 192.573

Answer 24

In this order:

Guardian.

Spouse, then adult children, parent, then adult siblings

Question 25

Duty of officials to report child abuse. 419B.010

Answer 25

1. Duty to report if come in contact with abuser or abused.
2. Exception if learned of in therapy, but MAY report.
3. Class A violation if not reported and enforceable up to 18months.

Question 26

Reporting of Child Abuse. 419B.005 to 491B.055

What, when, and exception

Answer 26

1. Oral report immediately to DHS, police, or dept. within county.
2. Name of victim, their parents or guardians and addresses, previous evidence of abuse, current description of abuse, any help in IDing perp.
3. Not a duty to report if learned of in privileged situation.
4. Immune if reported in good faith.
5. Confidential info and records available to police, courts, DHS, spec advocate, and many others.

Question 27

Juvenile Court appointed Special Advocate (CASA). 419B.112

Answer 27

1. In every case a CASA appointed and paid for by the court to:
   
   1. investigate every aspect of case
   2. advocate for the child, and make sure all are doing their jobs for the child
2. immune from liability
3. all must allow access to records for CASA, without parent’s, ward or guardian consent
4. All CASA records are confidential
5. CASA is deemed a guardian ad litem in court

Question 28

Juvenile Access to Counsel and counsel’s access to records. 419B.195

Answer 28

If the parents or others requests counsel and the child financially qualifies, the paid counsel provided.

Court appointed counsel has access to all records of school, psychologist, DHS, etc., and can inspect and copy without consent of parents, guardian, etc.

Question 29

Definitions Persons with Mental Illness. 426.005

Answer 29

Because of Mental disorder is one or more of the following:

1. a danger to self or others
2. unable to provide for needs to ensure needs to avoid serious physical harm
3. or a person with a chronic mental illness, who within past 3 yrs has twice been hospitalized, and who will deteriorate if not treated because of same symptoms repeating again

Question 30

Commitment to Oregon Health Authority can only be made by who? 426.060

Answer 30

A judge of the circuit court of county.

Question 31

Commitment Inititiation (and notice). 426.070 part 1 of 3

Answer 31

Any of the following may inititate commitment:

1. 2 persons or the local health officer or a magistrate

The Notice must comply with the following:

1. written under oath and given to community mental health officer or his designee
2. it must state a person other than the one giving notice that the person is mentally ill.
3. if the Commitment was initiated by 2 persons, it may request that they be notified of outcome.

Question 32

Commitment Notification required and Recommendation to Court (upon receipt of Notice). 426.070 part 2 of 3

Answer 32

Upon receipt of Notice or when notified by Circuit Court, the community mental health program director (CMHPD) shall:

1. Immediately Notify the judge of the court having jurisdiction for that county
2. Immediately Notify the Oregon Health Authority if commitment is proposed due to MI and the OHA may verify that the person meets criteria for commitment
3. Initiate an investigation to determine probable cause by MI
4. Upon investigation report completion it should promptly be submitted to judge

Question 33

Commitment Citation if Probable Cause of MI is determined by Court. 426.070 part 3 of 3

Answer 33

1. A citation is issued for person to appear for hearing.
2. Or if person already in custody, or if not taking the person into custody would cause serious harm, a citation for detention is issued.
3. detained MI person has right to counsel
4. MI person shall be given the Warning (426.123) that they will be observed and can be used as evidence of need for further detention.

Question 34

Care MI by licensed independent practitioner (LIHP), while placed in custody by police, court or LIHP. 426.072

Answer 34

1. LIHP is MD, nurse practitioner or naturalpaths, who make all decisions for care and reports to court.
2. No ECT or unusual or dangerous tx
3. LIHP shall be notified of seclusion or mechanical restraint.
4. LIHP shall give further 426.123 warnings.

Question 35

MI Commitment: Investigation procedure timelines. Part 1 of 2 for 426.074

Answer 35

1. If MI person is held in custody before hearing, investigation shall be completed 24 hrs before hearing, otherwise,
2. Investigator shall contact MI person within 3 judicial days after notice given to community mental health program director (CMHPD)
3. Within 15 days of notice to CMHPD, 1 of these occur:
   
   1. completed investigation given to court, or extensions granted because better options than commitment or person can’t be located
4. Investigation report given to MI person or counsel no later than 24 before hearing.

Question 36

MI Commitment: Investigation Content. Part 2 of 2 for 426.074

Answer 36

1. MI person should be interviewed in home or familiar place.
2. Whether or no MI person consents, interviews with those with pertinent info shall be conducted.
3. Records from pre-hearing detention period will be inspected.
4. Investigator can have access to patient-therapist records, therefore no privilege.

Question 37

Notice and Records of Treatments Prior to Hearing and Procedures, for MI Commitments. 426.075

Answer 37

1. Court advised of any drug tx that may affect hearing.
2. Court shall appoint examiners to inspect report, records and interview medical officers involved.

Question 38

MI Commitment: Citation, service. 426.090

Answer 38

Judge shall issue the citation if person thought to be MI.

MI person is given time and place, right of counsel, etc.

Question 39

Commitment hearing; postponement; right to cross-examine; admissability of investigation report. 429.095

Answer 39

1. Hearing to be held 5 judicial days (JDs) from citation issuance or 5 JDs from detention.
2. May be postponed for not more than 5 JDs.
3. Medical records and earlier therapy records are no longer privileged when subpoena issued.
4. The investigation report can not be submitted if investigator is either not available for cross-examination; unless that right waived.

Question 40

Appointment of examiners; qualifications; costs. 426.110

Answer 40

1. Judge will appoint 1 examiner, or 2 if requested by MI person or their counsel.
2. Examiner must be a licensed psychiatrist, certified by Psychiatric Security Review Board as a qualified examiner.
3. Costs stipulated by ORS 426.250

Question 41

Qualified Examiner’s Examination Reports and Rules. 426.120

Answer 41

1. Examine MI person prior to hearing.
2. Separate report in writing, under oath, to court.
3. If finds MI, must recommend type of tx facility to help.
4. Should advise the court if the MI person would cooperate with and benefit from voluntary commitment.
5. Examiner gets all records.

Question 42

Observation of person in custody; warning; evidence. 426.123

Answer 42

Both oral and written warning that will be observed in detention, and that evidence can be used against in court.

Question 43

Qualifications and requirements for conditional release of MI person. 426.125

Answer 43

If conditional release is requested by relative or guardian and judge grants it for commitment period.

Judge must be assured that all needs of MI person will be met.

Question 44

Outpatient commitment of MI person. 426.127

Answer 44

OHA may order this if a facility exists.

CMHPD may change things along the way and must report such changes to anyone receiving original commitment orders.

Question 45

Court determination of MI; discharge; release for voluntary tx; conditional release; commitment; assisted outpatient tx; prohibition of firearms; period of commitment. 426.130

Answer 45

1. Court may find not MI and release or order assisted outpatient tx for no more than 12 mths
2. If court finds MI, then may:
   
   1. Order release and dismiss if MI person will benefit and go to voluntary tx, or…
   2. Order conditional release to requestor, and length of commitment <180, with any conditions.
   3. Order commitment and length <180 days of commitment to OHA who may order outpatient.
   4. May order restrictions to firearms if a danger.

Question 46

Assisted outpatient release. 426.133

Answer 46

1. Is NOT commitment, custody or forced meds.
2. >=18 yrs old, has a mental disorder.
3. will not voluntarily seek care and will deteriorate to MI.
4. The CMHPD may recomment Tx and Court may adopt the recommendation.
5. Court may restrict firearms and report to county.
6. Court retains jurisdiction until assisted outpt. ends.

Question 47

Release of information of MI commited person or in custody to Family Member requesting info. 426.155

Answer 47

1. If released authorized by commited person or LIHP, then can release info about meds, tx, progress, diagnosis, any info about commitment process.
2. Attempts should be made to inform family of MI person commitment.

Question 48

Duty following emergency admission. 426.200

Answer 48

CMHPD should initiate an investigation with 72 hours.

Question 49

Limit of detention after emergency admission. 426.210

Answer 49

Five judicial days unless officially postponed.

Question 50

Change of status to voluntary. 426.217

Answer 50

Official may change status to voluntary.

Then must release if requested within 72 hours.

Question 51

Emergency custody by Police; transport; examination; reports. 426.228

Answer 51

1. Police with probable cause can take into custody.
2. Upon direction of CMHPD, can transport to hospital.
3. At hospital should be immediately examined by LIHP.
4. Police should write report to LIHP about date, time, where taken, etc.
5. Can be hospitalized or delivered to another caregiver elsewhere.

Question 52

Hold by LIHP. 426.231

Answer 52

1. May hold a person in a tx facility for up to 12 hours awaiting transport and transfer to an OHA facility.
2. The awaiting facility must OK they can receive patient.
3. LIHP must have staff privileges at receiving facility.

Question 53

Prehearing detention; Duties of CMHPD; certification for Tx; Court proceedings. 426.237

Answer 53

1. May release, or no later than 3 days in detention may certify the pt for 14 days of intensive tx.
2. LIHP conducts the tx and can discharge at any time.
3. Family shall be informed.
4. Circuit court continually informed of changes.
5. Patient can request hearing.

Question 54

Trial visits. 426.273

Failure to adhere. 426.275

Answer 54

1. Trial visit for outpatient care while hospitalized.
2. Court can modify or remove trial if not adhered to.

Question 55

Commitment to state hospital and competency. 426.295

Answer 55

Admission alone does not automatically confer incompetency.

Court shall hold hearing to determine competency if declared incompetent during hospital commitment.

Question 56

Release of committed person. 426.301

Answer 56

1. Shall be released after 180 days unless recertified.
2. Person can request counsel and hearing.
3. After another 180 days, repeat of either release or recertification.

Question 57

Rights of committed person and restraint rules. 426.385

Answer 57

1. Mechanical restraints must be approved by chief medical officer and written in notes and reported to family or guardian or counsel.
2. has many normal simple rights, civil rights, right to be paid for work, receive mail, make calls, have visitors, go outside
3. any right can be removed if dangerous to self or others.

Question 58

Licensing by OHA of person to give mechanical restraint to MI persons under 21. 426.415

Answer 58

1. must be trained in emergency services.
2. license given and annual training.

Question 59

Chronic Mental Illness (CMI) definition and who diagnoses. 426.495

Answer 59

1. >=18 years old.
2. Diagnosed by clinical psychologist, LHP, psychiatrist.
3. Chronic Schizophrenia, Chronic major affective disorder, chronic paranoia, or other chronic psychotic disorder, other than caused by substance abuse.

Question 60

Powers, duties and rules of OHA for chronic mental illness. 426.500

Answer 60

1. prepare written discharge plan
2. assign case worker
3. provide funds for care

Question 61

Determination of Sexually dangerous person; custody; hearing; rules. 426.675

Answer 61

1. Court can decide to put on probation and commit to tx program or sentence imprisonment to a program.

Question 62

Commitment of extremely dangerous person with MI. 426.701

Answer 62

1. Can be committed to Psychiatric Security Review Board for a maximum of 24 months.
2. Can have hearing and counsel, etc.
3. The court shall appoint an examiner.
4. Must have mental disorder, and not just be dangerous.
5. Board shall hold a hearing 6 mths after initial commitment.
6. Can be conditionally committed or reassigned for 24 more mths.