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

2018 Oregon Jurisprudence Exam > Oregon Revised Statutes Relating to the Practice of Psychology (2017), revised 2/18 > Flashcards

Flashcards in Oregon Revised Statutes Relating to the Practice of Psychology (2017), revised 2/18 Deck (62)
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1

OREGON EVIDENCE CODE- PRIVILEGES

4 Main Rules

40.230 Rule 504

40.252 Rule 504-5

40.264 Rule 507-1

40.280 Rule 511

4 Main Rules

40.230 Rule 504: Psychotherapist-Patient Privilege.

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

40.264 Rule 507-1: Certified advocate-victim privilege.

40.280 Rule 511: Waiver of privilege by voluntary disclosure

2

40.230 Rule 504: Psychotherapist-Patient Privilege.

 

May be claimed by?

Patient

Guardian or conservator of patient.

Personal representative of deceased patient.

Psychotherapist on behalf of patient.

 

3

Limits Psychotherapist-Patient Privilege (Rule 504)

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.

 

4

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

Conditions and exceptions to privilege

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.

5

40.262 Rule 507-1. Certified advocate-victim privilege

6

40.280 Rule 511. Waiver of privilege by voluntary disclosure.

7

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

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.

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?

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.

 

9

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

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

 

10

Disclosure without minor's consent. 109.680

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

11

Elder Abuse definitions include. 124.050

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.

 

12

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

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.

13

Method and content of reporting elder abuse. 124.065

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.

14

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

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.

15

Confidentiality of records and exceptions (elder abuse). 124.090

Records of reports are confidential, except:

law enforcement agency, Long-term care Ombudsman.

Courts and administrative law judge.

16

Sexually violent dangerous offender definition. 137.765

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.

17

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

>=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.

18

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

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.

19

Authorization to disclose PHI requirements 192.556

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.

20

Definition of PHI 192.556 (11)

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

21

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

To coordinate care with another provider to the patient.

Otherwise permitted by law.

Court order.

Patient non-payment.

Detecting fraud in care providers.

 

22

Fees for releasing PHI. 192.563

$30 for 10 or fewer pages.

$.50 per page for 11 through 50.

$.25 for greater than 50.

23

Circumstances allowing for PHI Disclosure without signed authorization form. 192.567

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

24

Personal representative of deceased. 192.573

In this order:

Guardian.

Spouse, then adult children, parent, then adult siblings

25

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

  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.

26

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

What, when, and exception

  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.

27

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

  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

28

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

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.

29

Definitions Persons with Mental Illness. 426.005

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

30

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

A judge of the circuit court of county.