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68 Cards in this Set
- Front
- Back
- 3rd side (hint)
Licensure candidates who started graduate training on/after Jan 1, 2004 need ____ hours of coursework in Aging/LT care and _____ hours of Spousal Abuse. |
10 hours in Aging/LT care 15 hours in spousal abuse *before 2004, need 3 hrs in Aging and 2 hr in spousal abuse |
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Effective Jan 1 2007, state of CA requires that treatment records for minors be kept for... |
At least 7 years after minor turns 18 (until age 25)
*for adults at least 7 years after termination |
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Tarasoff statute requires that... |
1) pt (or intimate or close relation to pt-ie, husband) communicates to therapist 2) serious threat of physical violence 3) against reasonably identifiable victim(s) |
3 things |
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Relationship between supervisor and psych assistant accruing SPE is similar to... |
employer to employee *psych assistants can’t be general contractors |
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When documenting professional/scientific work and maintaining records, keep these goals in mind: |
1) facilitate future provision of services 2) allow for replication of research results 3) meet institutional requirements 4) ensure accuracy in billing 5) comply w/ the law |
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Withholding treatment records for nonpayment that are necessary for emergency treatment is... |
Never ok. |
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Withholding records for nonpayment in non-emergency situations is... |
Ok ethically by the Ethics Code but never ok by HIPAA, so you gotta follow HIPPA Ethically ok, but illegal |
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Primary supervisors (licensed psychologists) need... |
6 hours of supervision coursework every 2 years |
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Goal of BOP is |
To protect the public |
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BOP regulates |
Licensed Psychologists Psychological Assistants Registered Psychologists |
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Each 1500 hrs of SPE (need 3000 for licensure) needs to be completed |
Within 30 months |
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Nondisciplinary actions for minor violations include... |
Mediation Letter of warning Educational letter Educational review Citation and fine |
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Nondisciplinary actions for minor violations typically remain confidential except for... |
Citation and fine |
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Disciplinary actions are for more serious violations and referred for formal investigation (can also be submitted to atty general if there’s support for allegations). These include... |
Letter of reprimand (minor violation-no pt harm) 2-Step Agreement (minor) Probation - license revoked, revocation stayed; terms and conditions of probation specified (when psych has been negligent) Suspension Surrender of license Revocation |
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Confidentiality guidelines |
1. No surprises - tell pts about limits of confidentiality 2. Necessary and sufficient- limit info disclosed |
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9 Exceptions to confidentiality: |
1. Pt consents (in writing) 2. Tx emergency (pt OD) 3. Safety emergency (5150) 4. Quality care review 5. Tx 6. Legal system (court order, search warrant) 7. Crimes w/hospitalized pts 8. Employment-related 9. Mandatory reporting |
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BOP finds out you’re a serious threat to your pts and issues... |
Interim suspension order |
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If a psych has sex w/ a pt after 2 years, they have to prove there’s been no exploitation in light of 7 factors: |
1. Time passed since termination 2. Nature & duration of tx 3. Circumstances of termination 4. Personal hx of patient 5. Pt’s current mental status 6. Likelihood of adverse impact 7. Sexual statements made during tx |
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As of Jan 1, 2013, you don’t need to submit proof of CEs w/ licensure renewal but keep the documentation just in case you get audited for: |
4 years after renewal period |
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Must include license # in any advertising. False advertising is illegal and... |
A misdemeanor, punishable by up to 6 months in jail, fine of $2,500, or both. May also result in disciplinary action. |
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Non-disciplinary actions: Mediation |
-no clear violation of law -misunderstanding b/w consumer and provider (eg, billing) |
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Non-disciplinary actions: Education Letter |
-minor departure in standard of care but no harm -letter summarizing complaint and recommending behavior change to avoid future complaints |
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Non-disciplinary action: Letter of Warning |
-minor infraction, no harm -describes complaint and warns that if it happens again, formal action may result -could happen if u don’t include license # on an advertisement |
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Non-disciplinary action: Letter of Warning |
-minor infraction, no harm -describes complaint $ relevant law -warns that if it happens again, formal action may result -could happen if u don’t include license # on an advertisement |
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Non-disciplinary action: Letter of Warning |
-minor infraction, no harm -describes complaint & relevant law -warns that if it happens again, formal action may result -could happen if u don’t include license # on an advertisement |
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Non-disciplinary action: Educational review |
-Voluntary -BOP has concerns about you or you did a significant violation but not enough evidence to forward case to Atty General -you can meet with investigator, expert, or BOP staff to discuss concerns in educational forum |
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Non-disciplinary action: Citation and fine |
-Less serious violations, like false advertising -Fines from $100 to $2,500 -not considered disciplinary action but does become public record |
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License renewal for psychologist is: |
-every 2 years -requires 36 hours of CEs each renewal cycle (only 9 hours needs to be in-person, other 27 or 75% can be via independent learning - internet) -need something in law and ethics -after Jan 1,2020 need 6 hrs in suicide risk assessment and intervention in first renewal cycle (coursework or applied experience) |
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Disciplinary action: Letter of reprimand |
-negotiated b/w BOP, licensee, and their counsel -not too severe, no harm to pt -letter describes behavior -may mandate coursework or cost recovery to BOP for investigation |
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Disciplinary action: 2-step agreement |
-violation not too severe, no harm -maybe inappropriately coding a bill to an insurance co. -remedial coursework + having billing monitor your practice for some time -once conditions are met, accusation is withdrawn |
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Disciplinary action: probation |
-gross negligence, repeated negligent acts -dishonest, corrupt, or fraudulent act -license revoked, revocation is stayed (put on hold and not actually implemented) -probation period, terms, conditions specified -if violated, may be revoked |
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Disciplinary action: Probation |
-gross negligence -repeated negligent acts -dishonest, corrupt, or fraudulent act -license revoked, revocation is stayed (put on hold and not actually implemented) -probation period, terms, conditions specified -if violated, license may be revoked |
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Disciplinary action: Suspension |
-automatic suspension when being incarcerated for a felony - can’t practice psychology or refer to self as psychologist |
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Interim Suspension order |
Must immediately suspend your practice! Issued when: 1. In violation of Business & Professions code OR convicted of crime related to licensed activity 2. Continuing to practice would endanger public health, safety, or welfare |
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Disciplinary action: Surrender of License |
Rather than completing administrative hearing process, may opt to surrender your license |
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Disciplinary action: Revocation |
-lost your license -found guilty of sex w/ pt (or former pt w/in 2 years of termination) -judge can’t stay the revocation |
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You can petition for reinstatement or modification after a certain amount of time has passed: |
1. @ least 3 yrs to reinstate license revoked, suspended, or surrendered 2. @ least 2 yrs for early termination of probation of 3+ yrs 3. @ least 1 yr for early termination of probation of <3 yrs |
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You can petition for reinstatement or modification after a certain amount of time has passed: |
1. @ least 3 yrs to reinstate license revoked, suspended, or surrendered 2. @ least 2 yrs for early termination of probation of 3+ yrs 3. @ least 1 yr for early termination of probation of <3 yrs *BOP may also make you take more training or pass exam to be reinstated *BOP may deny registration or licensure when you can’t practice safely d/t mental illness or chemical dependency *When application is denied, must wait one year to reapply *Registered sex offenders are ineligible for licensure or registration |
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Time frame for filing accusation against a licensee is: |
-3 yrs from date BOP discovers alleged act OR -w/in 7 yrs from the date the act occurred (10 years for sex) Whichever occurs first |
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Telehealth: delivering health care service via info & communication technologies to facilitate diagnosis, consultation, treatment, education, care mgt, and self-mgt of a pt’s health care while pt is at originating site and provider is at a distant site. |
Must be licensed in CA to give telehealth to a CA resident.
Obtain verbal or written consent before providing telehealth & document in medical record |
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If you need to send records to BOP, you have... |
15 days. If late, you pay $1,000/day for (civil penalty) each day they’re late after the 15th day Also, failing to comply constitutes unprofessional conduct and may result in suspension or revocation of license. |
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Unlawful sexual intercourse w/a minor (statutory rape) is a misdemeanor or felony and punishable by... |
<1 year in county jail 2,3,4 years in state prison Civil: fines up to $25,000 |
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Who can have sex with who? |
16yo+: anyone 14-15yo: anyone under 21yo (must report lewd or lascivious acts if they’re with someone 10 years older or more) <14: anyone around the same age (under 14) *lewd or lascivious acts with anyone under 14 is illegal |
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Who can have sex with who? |
16yo+: anyone 14-15yo: anyone under 21yo (must report lewd or lascivious acts if they’re with someone 10 years older or more) <14: anyone around the same age (under 14) *lewd or lascivious acts with anyone under 14 is illegal (unless both are under 14) |
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Who can have sex with who? |
16yo+: anyone 14-15yo: anyone under 21yo (must report lewd or lascivious acts if they’re with someone 10 years older or more-it’s sexual assault) <14: anyone around the same age (under 14) *lewd or lascivious acts with anyone under 14 is illegal (unless both are under 14) |
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Who can have sex with who? |
16yo+: anyone 14-15yo: anyone under 21yo (must report lewd or lascivious acts if they’re with someone 10 years older or more-it’s sexual assault) <14: anyone around the same age (under 14) *lewd or lascivious acts with anyone under 14 is illegal (unless both are under 14) Under 18: mandated report if rape, incest, or sodomy |
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Failure to report child abuse: |
<6 months in jail or <$1000 OR both!!! If death or serious injury occurs and you fail to report, you can get: <1 yr in jail or <$5000 OR both!!! |
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Failure to report child abuse is a misdemeanor and punishable by: |
<6 months in jail or <$1000 OR both!!! If death or serious injury occurs and you fail to report, you can get: <1 yr in jail or <$5000 OR both!!! |
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As a CA-licensed psychologist, can u provide telehealth to pt living in another state? |
Yes, if services are in compliance with guidelines of the state where that pt resides |
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If you take a 3-unit quarter-long class at a university, you get _____ CE credits? |
10 hours *if it’s a semester, you get 15 hours of CR credit |
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If someone offers to interview you on TV in exchange for your services, you: |
Must decline. Can’t barter or pay a media employee for publicity. |
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When putting somebody on a 14-day certification hold (5250): |
-notice must be signed by 2 ppl: professional person or designee in charge of facility AND psychiatrist/psychologist who participated in the evaluation -pt must be informed they are entitled to a certification review hearing to be held within 4 days of the date of certification |
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When a minor is seeking services to prevent or treat a pregnancy.... |
Parental consent is not required for services involving contraception & abortion |
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Single act of therapist sexual exploitation is public offense and punishable by: |
<6 months in jail <$1000 fine OR BOTH |
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Multiple offenses of therapist sexual exploitation (2+ victims, or 2+ acts with a single victim when there is a prior conviction for sexual exploitation) may result in.... |
<1 year in jail or <$1000 fine OR BOTH OR Prison for 16 months, 2 yrs, or 3 yrs or fine up to $10,000 OR BOTH License revoked, judge can’t stay the revocation |
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Professional therapy never includes sex brochure offers: |
-definition of therapist/pt sexual contact -common reactions -pt bill of rights -options for reporting & instructions -admin, civil, & prof. association complaint procedures -support services for victims |
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Failing to comply with HIPAA... |
1. Admin sanctions by Office for Civil Rights of Health & Humans 2. Civil penalties of $100 per violation, up to $25,000/year 3. $250,000 or 10 yrs in prison OR BOTH |
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You can disclose PHI for... |
1. Treatment 2. Payment 3. Healthcare operations |
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Pt rights under HIPAA |
1. Notice - informed of privacy policy (given written copy) 2. Request restrictions - to use/disclose PHI 3. Receive confidential communications by alternative means or locations 4. Access records - inspect phi unless it jeopardizes life or physical safety of pt or others (no access to psychotherapy notes) 5. Amendment-change PHI to improve accuracy 6. Accounting-get account of all disclosures made in past 6 yrs |
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Duties of psychologist under HIPAA: |
1. Written privacy policy - all pts (diff from informed consent) 2. Tracking Disclosures 3. Compliance of employees and business associates 4. Protect psychotherapy notes by keeping them separate from medical record 6. Safeguard access to PHI |
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3 rules of HIPAA |
1. Privacy-provides regulations and safeguards re: PHI 2. Transaction-standardized format used for HC transactions 3. Security-physical security, lock file cabinets and encrypt emails |
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A pt who remains gravely disabled can be detained past the 72-hr hold if... |
He does not have friends, family, etc. for support. Willingness of others to help person get food, clothing, or shelter must be in writing. |
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A psychologist must apply for a new license if... |
License expired more than 3 years ago |
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There are 2 categories of sexual abuse: |
1. Sexual assault (includes lewd and lascivious behavior) 2. Sexual exploitation |
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There are 2 exceptions to requirement for Pre-termination counseling: |
1. Client’s actions make it impossible (they stop coming to session, they threaten you) 2. When 3rd party payors (managed care companies) prohibit it |
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10 ethical standards: |
1. Resolving ethical issues 2. Competence 3. Human relations 4. |
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If you fail to report child abuse, you could have your license revoked or other disciplinary actions. |
True |
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Can refer out clients under these 3 conditions: |
1. Strong beliefs anti-client 2. Lack competence 3. Client feels uncomfortable |
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