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Flashcards in Regulations Deck (36):
1

Child abuse definition

1) Any recent act or failure to act by a perpetrator that causes no accidental serious injury to a child under 18
2) Any act or failure to act by a perpetrator which causes non accidental serious mental injury or sexual abuse or sexual exploitation to a child under 18
3) A recent act, failure to act, or series of acts or failures to act by a perpetrator which creates an imminent risk of serious physical injury to or sexual abuse or sexual exploitation of a child under 18
4) Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide the essentials of life, including adequate medical care, which endangers the child’s life or development or impairs the child’s functioning.

2

Graduate training in psychology

Completion of 15 semester hours in a doctoral program that includes: core program instruction in ethics, research design and methodology, statistics and psychometric; students must demonstrate competence in biological bases of behavior, cognitive-affective bases of behavior, social bases of behavior, and individual differences.

Includes supervised practicum, internship, or field/lab training

Includes course requirements in specialty areas in psychology

3

Serious mental injury

1) Renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic, or in reasonable fear that the child’s life or safety is threatened.
2) Seriously interferes with a child’s ability to accomplish age-appropriate developmental and social tasks.

4

Competent medical evidence

Must be provided by a physician. A psychologist’s testimony is insufficient.

5

Change of name or address

Legal name shall appear on license and with board; if changed, must provide information about change to board within 10 days

Change of address must be provided with 10 days; if not, licensee’s responsibility for failure to receive correspondence

Most recent name and address on file is the official name and address for legal procedures

6

Qualified members of other professions

May do work of a psychological nature consistent with training and ethics of their respective professions (they are not “practicing psychology without a license”).

The group must:
1) Activity be based on identifiable body of theoretical knowledge that, although overlapping with psychology, is demonstrably different in aggregate
2) Regulate entrance into professional membership by means of standards of knowledge, training, and proficiency accepted by that profession
3) Activity guided by generally accepted quality standards, ethical principles and requirements
4) Ordinary accoutrements of a profession - professional journals, conferences, degrees, etc.

7

Substance abuse

Disagreement between board and substance abuse regulations about whether psychologists’ treatment of substance abuse falls under purview of board. Still have to act within area of competence.

8

Professional corporations

Psychologists may incorporate with other psychologists and other providers. Must file proposed corporation and name with board prior to submission to Corporation Bureau. Name must be approved by Board and accurately reflect professions of service providers.

9

Fictitious names

May practice under a fictitious name, but name must be filed with board for review and approval before submission to Corporations Bureau. Names may not go against ethical guidelines.

10

Supervisors (primary and designated)

Must be currently licensed, qualified by training and experience, own or be an employee of entity employing psychology resident, review issues of practice and ethics with resident, meet individually face-to-face for an average of at least 2 hours per week, maintain notes or records of scheduled supervision sessions until resident obtains license or at least 10 years later (whichever greater); ensure resident’s status is known to clients and third-party payers; provide written evaluations at least quarterly delineating strengths and weaknesses (reports will be included in resident’s application for licensure).

11

Supervisors may not

1) Be subject to resident’s control or influence
2) Be related to resident by blood or marriage
3) Be involved in a dual relationship with the resident
4) Treat or have treated the resident
5) Ben the subject of an active suspension or revocation by board (if disciplinary action occurs, supervisor immediately notify resident and assist him/her in finding a new supervisor)
6) Accept fees, honoraria, favors, or gift from resident

12

Supervision requirements

Supervisors shall:

1) Complete either a course in supervision or 3 hours of CE
2) Develop resident objectives to be achieved during supervision
3) Be accessible for consultation and to clients of resident to answer questions and respond to concerns
4) Be responsible to each client/patient for services provided by resident
5) Be authorized to interrupt or terminate services provided by resident and to terminate supervisory relationship
6) Observe sessions or review verbatim recordings on a quarterly basis
7) At least quarterly, evaluate and apprise resident about areas of progress and needed improvement, recommend professional literature and assist resident in gaining level of skill necessary for independent practice
8) Assist resident in working with professionals in other disciplines and periodically observe those encounters
9) Ensure resident has access to multidisciplinary consultation as needed
10) Monitor supervision provided by a delegated supervisor
11) At conclusion of period of supervision, provide evaluation of resident’s professional competence and theoretical knowledge. Must be signed and included as part of post doctoral verification for resident’s application for licensure

13

Examination failure

Can reapply to take exam after 60 days following failure; no more than 4 examinations in any 1 year period. Board may waive examinations for those of extraordinary contribution to field.

14

Communications to board

Must be in writing

15

Professional records

At minimum:
1) Name and address of client plus parent/guardian if client is a minor
2) Presenting problem, purpose, or diagnosis
3) Fee arrangement
4) Date and substance of each service contact
5) Tests results and basic test data from which results were derived
6) Notation and results of formal consults with other providers
7) Copy of all test or other evaluative reports
8) Release of records or information

Store and dispose of all records in way that ensures confidentiality, including confidential disposition in case of withdrawal from practice, incapacity, or death

All records maintained for at least 5 years after last date of service

16

Standards for employment and supervision of unlicensed persons with graduate training in psychology

Licensees may employ professional employees with graduate training in psychology and will be responsible for full direction, control, and supervision.

Must ensure employee satisfies educational requirement and bears full responsibility for welfare of clients seen by trainee

Supervisor must be competent in all areas of supervised practice, except that delegated to another licensee in the setting

17

Number of supervisees

No more than 3 full-time or equivalent of part-time

18

Confidentiality after client’s death

Subject to qualification when:
1) Ongoing criminal investigation
2) Client is not alleged offender
3) Investigation concerns client’s death
4) Inquiry is part of a grand jury proceeding
5) Evidence is south in a case against a third party

19

Continuing Education requirements

A minimum of 30 CEUs per biennial renewal
-At least 3 concern ethical issues
-Up to 10 can be carried over from preceding biennium, except for ethics
-Must certify completion to board as part of renewal and shall retain documentation f CE for at least 2 bienia
-Courses must be approved
-May accrue up to 15 hours through home study
-May accrue up to 15 hours by teaching a course in psychology at an accredited college or university or a workshop for an approved sponsor; 1 clock hour of instruction = 1 CEU for workshops; can only be credited once every 4 years
-Up to 10 CEUs for publishing an article or chapter; no more than 10 total; 10 per publication divided by number of authors
As

20

Exemption from CEUs

License received within 2 years of first biennial renewal
If licensed in another state, CEs can be prorated on a quarterly basis

21

Reinstatement of license

1) Lapsed or inactive - must show compliance with CE requirements
2) Suspended or restricted - show compliance with CE requirements

22

Waivers and deficiencies

If cannot meet CE, can write a request for a waiver with description of why CEs not possible; evaluated by board on case-by-case basis

If have deficiency in contact hours, can apply to Board for leave to make up contact hours. Must include explanation and plan for curing deficiency. Evaluated on case-by-base basis.

23

Ethics 1: Responsibility

A)Maintain highest standards and accept responsibility for the consequences of their work; make every effort to insure services used appropriately
B) Good research ethics
C) Clarify in advance expectations for sharing and utilizing research data; avoid relationships that limit objectivity or create a conflict of interest
D) Attempt to prevent distortion, misuse, or suppression of findings by institution or agency of which they are employed
E) Accountable as individuals to highest standards of profession
F) Retain full professional liability for personal injury
G) As teachers, primary obligation to help others acquire knowledge and skill
H) As practitioners, alert to pressures that might lead to misuse of influence
I) Ethical use of computer-generated data

24

Ethics 2: Competency

Maintain high level of competency, don’t practice outside of areas of competency, take precautions to protect welfare of clients, maintain knowledge of current scientific and professional information

Discourages practice by unqualified persons and assists public in finding competent psychologists to provide services. When know of ethical violations, attempt to rectify situation, and if can’t be dealt with informally, notify board.

Accurate representation of competence (includes trainees)

25

Ethics 3: Moral and legal standards

Awareness of impact of their behavior on others and on professional duties. Awareness of how personal values affect choices as teachers/practitioners/researchers.

26

Ethics 4: Public statement

Sufficient information to aid consumer in making choices; accurate and objective information

Only those licensed by board can advertise as Psychologists

Include information about credentials, professional membership, contact information, fee information, third-party payment, languages, and type of services provided

Nothing false, misleading, or deceptive

27

Ethics 5: Confidentiality

Responsibility to safeguard client confidentiality

Can take reasonable measures to prevent harm when client has expressed a serious threat or intent to kill or seriously injure an identified or readily identifiable person or group of people.

Same rules as elsewhere

28

Ethics 6: Welfare of consumer

Protect and be aware of conflicts of interest
Cognizant of own needs and the power position relative to clients and subordinates
Full inform consumers of purpose and nature of procedures and freely acknowledge that consumers have freedom of choice
No dual relationships
If providing services at request of a third party, assumes responsibility of clarifying nature of relationships to all parties
Appropriate fees; help clients find affordable services if can’t afford own
Terminate clinical or consulting relationships when consumer is not benefiting from it
If services being used by employers in a way that isn’t beneficial, have responsibility to make observations known and propose modifications or termination of engagement

29

Ethics 7: Professional relationships

A) Act with due regard for needs, special competencies, and obligations of colleagues; respect prerogatives and obligations of institution or organization
B) Understand areas of competence of related professions, make full use of professional, technical, and administrative resources to best serve consumers
C) Know and take into account traditions and other practices of other professions and cooperate fully with members. If client receiving similar services from another professional, do not offer services directly. If contacted by a person receiving similar services, carefully consider professional relationship and proceed with causation and sensitivity.
D) If employ or train others, accept obligations to facilitate their professional development - suitable working conditions, consultation, timely evaluations, and experience opportunities.
E) Do not exploit relationships sexually or otherwise. Do not condone or engage in sexual harassment.
F) Seek to support the integrity, reputation, and proprietary rights of host organization.
G)Give sponsoring agencies, host institutions, and publications channels respect and opportunity to give informed consent.
H) Publication credit given in proportion to contributions
I) Attempt to resolve ethical violations committed by other psychologists informally and with sensitivity when not affecting welfare of clients. If violation does threaten welfare or is not amenable to informal solution, report to board

30

Ethics 8: Utilization of assessment

Use reliable and valid measures, communicate to clients, use tests appropriately, etc.

31

Ethics 9: Research with human participants

Usual stuff

32

Ethics 10: Animals in research

Usual stuff

33

Child abuse reporting requirements

Report to Department of Public Welfare when have reasonable cause to suspect child abuse

If employed by medical or other public or private institution, school, facility, or agency and come into contact with children as part of employment, shall immediately notify person in charge of suspected abuse. Upon notification, the person in charge or designated agent assumes responsibility and legal obligation.

Reports made by phone (ChildLine) and within 48 hours in writing to Department of Public Welfare

Mandated report of death suspected to be a result of child abuse

If done in good faith, immune from liability

34

Noncompliance with reporting child abuse

Willfull failure to comply with reporting requirements subject to disciplinary action.

Criminal penalties - 1st time commits a summary offense; 2nd and higher, misdemeanor of 3rd degree

35

Reporting of crimes and disciplinary actions

Report within 30 days of conviction or on biennial renewal, whichever is sooner

Notify board of disciplinary action in another state within 90 days of receiving notice or biennial renewal, whichever sooner.

36

Notice of active suspension or revocation

Must return license to board and notify all clients and any individuals receiving supervision within 30 days. Notice must include a) sanction imposed, b) effective date and length of sanction, 3) nature of violation, and 4) statement that licensee will assist patients in obtaining alternate resources and in transferring records.