Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
92 Cards in this Set
- Front
- Back
|
Protection of Vulnerable Persons and Mandated Reporting
MGL Ch 19 A (Elder Affairs) Definition of Elder Abuse |
-Act or omission
-results in physical OR emotional injury OR financial exploitation -failure, inability, or resistance of an elderly person to provide one or more necessities for well-being (self-neglect) -shall not be considered abuse if following tenets and teachings of church or religious denomination |
|
|
Protection of Vulnerable Persons and Mandated Reporting
MGL Ch 19 A (Elder Affairs) Elderly Person |
60 years of age or older
|
|
|
Protection of Vulnerable Persons and Mandated Reporting
MGL Ch 19 A (Elder Affairs) Financial Exploitation |
-by another person
-monetary or property loss -monetary or property gain for other person which would otherwise benefit elderly person -not exploitation if consented -but exploitation if consented and there's misrepresentation, coercion, threat of force |
|
|
Protection of Vulnerable Persons and Mandated Reporting
MGL Ch 19 A (Elder Affairs) Section 15 (A) Reports of Abuse (to which dept? what's the procedure?) |
-immediate verbal report
-within 48 hours, written report TO DEPARTMENT OF ELDER AFFAIRS |
|
|
Protection of Vulnerable Persons and Mandated Reporting
MGL Ch 19 A (Elder Affairs) Section 15 (D) Reports of Abuse (Liability? Civil or Criminal Action?) |
-Shall not be liable in any civil or criminal action if report made in good faith (can't be a knee-jerk reaction, no basis) IF YOUR NOT THE PERPRETATOR (thinking that "well if I report the abuse, I won't be held accountable)
-let's say your supervisor doesn't agree you should make the report, you can't be demoted, fired, etc...if you do make a report - |
|
|
Protection of Vulnerable Persons and Mandated Reporting
MGL Ch 19 A (Elder Affairs) Section 15 (E) Reports of Abuse (What info goes into report?) |
This is what goes into the report (common to see this requirement for all mandated reporting)
-name -address -age of the abused -nature and extent of abuse -name of caretaker (if known) -any medical tx (if known) -any other relevant info reporter believes to be relevant -and, if reporter wishes to provide, reporter name, address, where can be contacted |
|
|
Protection of Vulnerable Persons and Mandated Reporting
MGL Ch 19 A (Elder Affairs) Section 19 A (Section 18) Assessment, eval, investigations of reports |
-shall include visits
-MAY include consultations -if abuse is found, shall develop plan based on functional capacity, situation, resources -there's a timeline but in cases of emergency, assessments will be completed WITHIN 24 hours -if serious abuse, case gets reported to DA within 48 hrs |
|
|
Protection of Vulnerable Persons and Mandated Reporting
MGL Ch 19 A (Elder Affairs) Section 20 Lack of Capacity (What happens if elder person can't consent to protective services due to lack of capacity? how long does order last?) |
-dept petitions court telling the court basis of lack of capacity
-hearing within 14 days -elderly person get notice 5 days b4 court date -court may appoint someone to consent to the provision of protective services -may issue an order REQUIRING the provision of services -order is for 6 months, unless otherwise stipulated -court will not order institutional placement or change in residence unless there is no other restrictive alternative |
|
|
Protection of Vulnerable Persons and Mandated Reporting
MGL Ch 19 C (Disabled Persons) Abuse |
-Act or omission
-results in physical OR emotional injury shall not be considered abuse if following tenets and teachings of church or religious denomination |
|
|
Protection of Vulnerable Persons and Mandated Reporting
MGL Ch 19 C (Disabled Persons) Disabled Person |
-18-59
-intellectual disability or -mentally OR physically disabled and as a result is wholly or partial dependent on others |
|
|
Protection of Vulnerable Persons and Mandated Reporting
MGL Ch 19 C (Disabled Persons) Reportable Condition (What is a reportable condition? can privilege be invoked?) |
-a serious physical or emotional injury resulting from abuse including unconsented sexual activity
***a mandated reporter need not report an otherwise reportable condition if the disabled person invokes a privilege to maintain confidentiality of communications with such mandated reporter |
|
|
Protection of Vulnerable Persons and Mandated Reporting
MGL Ch 19 C (Disabled Persons) Section 5 (Who to report to if disabled person has died as a result of abuse...5 agencies) |
If there is reasonable cause to believe that a disabled person has died AS A RESULT OF ABUSE, IMMEDIATELY report to commission (DPPC), the general counsel (general counsel of the executive office of health and human
services), the attorney general, the DA, and medical examiner |
|
|
MGL Ch 119
Section 1 "Child in need of services" (CHINS) |
-below age 17
-persistently runs away OR persistently refuses to obey lawful and reasonable demands by parents/guardian -they can't adequately care and protect child OR -ages 6-16 -willfully fails to attend school for more than 8 school days in a quarter (without legit excuses) or -persistently violates school regulations |
|
|
Ch 19 A
Section 14 Elder Affairs Caretaker vs. Conservator |
Caretaker
-responsible for the care of the elderly person (family, contractual duty, or by law) Conservator -person appointed to manage the estate |
|
|
When is comes to elder affairs, what court and what department is involved
|
-Probate and family court
-Department of elder affairs |
|
|
Reporting of abuse process
|
Verbal report followed by written report within 48 hours
|
|
|
As a reporter, is there punishment if you have reasonable cause to believe there's abuse but an eval finds none
|
No
|
|
|
As a reporter, is there punishment if you have reasonable cause to believe there's elderly abuse but it isn't reported
|
Yes, fine of $1000 or less
|
|
|
Ch 19A
Elderly Affairs Protective Services |
Services which are necessary to prevent, eliminate, or remedy the effects of abuse to an elderly person
(That person becomes a "protected person" and a "protective services agency" is involved) Can act as guardian, conservator, temp guardian |
|
|
Ch 19A
Elderly Affairs Relationship btwn Department of Elder Affairs and Protective Service Agencies |
Department oversees and issues criteria and procedures, coordinates with and supervises the system
|
|
|
Ch 19A
Elderly Affairs Section 21 Geriatric Eval Process (Why? Cost? Any rights? What's in the report?) |
Why?
-eval for petition of a conservator or guardian Cost? -born by the department Any rights? -Yes, elderly person can, at his own expense, secure an independent evaluator and present that report to hearing What's in the report? -names of elderly person and anyone providing services -address -description of tx, services -an eval of physical, mental, and social conditions -recs concerning least restrictive course of services, care, and tx |
|
|
Ch 19A
Elder Affairs Section 19 Consent to protective services (What happens if requested? What happens if refuses?) |
-if requested or consents to protective services may receive said services
-if person withdraws or refuses consent, the service shall not be provided or continued except if there's lack of capacity to consent |
|
|
Ch 19C
Disabled Persons Commission |
the disable persons protection commission
-purpose: to provide for the investigation and remediation of instances of abuse (ANY REPORTABLE CONDITION GETS REPORTED TO THEM VERBALLY IMMEDIATELY FOLLOWED BY WRITTEN REPORT in 48HRS) |
|
|
Ch 19C
Disabled Persons General Counsel |
The general counsel of the executive office of health and human services
|
|
|
Ch 19C
Disabled Persons Reports of Death (report to the following 5 places) |
if there is a reasonable cause to believe that a disabled person has died as a result of abuse, you must immediately report (commission, general counsel, AG, DA, medical examiner) EVEN THOUGH you owe a duty of confidentiality to your client
|
|
|
Ch 19C
Disabled Persons Section 4 Referral of Abuse Reports (this is a string of organizations that get abuse reported to) |
Abuse--> DPPC
-->disabled persons caretaker is a state agency **investigator of commission **general counsel of office of secretary of Health and Human Services **Executive office of Human Services -->disabled person is not @ a state agency **general counsel **DMH, Mass Rehab, DPH |
|
|
Ch 119
Sections 39E-39J CHINS PROCEDURES (WHO CAN FILE A CHINS?, DO PARENTS HAVE TO PARTICIPATE IN REFERRALS/CONFERENCES DURING INQUIRY FOR SERVICES?, HOW LONG DO CONFERENCES/REFERRALS LAST?, HOW BIG IS JURY for CHINS?, DOES PARENT PAY FOR COUNSEL IF NOT INDIGENT?, WHERE MIGHT CHILD BE PLACED IN CARE?, ARE CHINS KIDS SENT TO A FACILITY?, HOW LONGS DO CHINS SERVICES LAST?, WITHIN THOSE SIX MONTHS, WHEN MIGHT CHINS SERVICES END?, CAN A CHILD BE ARRESTED UNDER CHINS?) |
WHO CAN FILE A CHINS?
--parent, guardian, police, school (supervisor of attendance) DO PARENTS HAVE TO PARTICIPATE IN REFERRALS/CONFERENCES DURING INQUIRY FOR SERVICES? --no, but it is noted HOW LONG DO CONFERENCES/REFERRALS LAST? --not to exceed 6 months HOW BIG IS JURY for CHINS? --jury of 6 unless child waives this DOES PARENT PAY FOR COUNSEL IF NOT INDIGENT? --yes, $300 WHERE MIGHT CHILD BE PLACED IN CARE? -relative, probation officer, qualified adult individual,private charitable or childcare agency or other private organization DCF ARE CHINS KIDS SENT TO A FACILITY? -no, not placed into facilities for juvenile delinquents but may be placed group homes that includes juveniles and juvenile delinquents or referred to DYS for placement in individual foster care HOW LONGS DO CHINS SERVICES LAST? --6 months or needs to be re-applied WITHIN THOSE SIX MONTHS, WHEN MIGHT CHINS SERVICES END? --by 18th bday or 16th bday if filed by school CAN A CHILD BE ARRESTED UNDER CHINS? -yes, if they fail to obey a sumons, can be detained for 45 days (has right to appeal...may be able to go back home, to shelter, medical facility if no hx of disobeying law & parents) |
|
|
Ch 119
Section 51A Age to file |
Under age 18
|
|
|
Ch 119
Section 51A What constitutes an injured child (4 criteria) |
-physical or emotional injury
-sexual abuse -neglect (INCLUDING MALNUTRITION) -physically dependent upon an addictive drug at birth |
|
|
Ch 119
Section 51A Procedure for reporting (verbal? written? is always your responsibility if you work in a facility?) |
-oral report to DCF
-written report within 48 hours -it's ok if you work for some kind of facility where they designate a person to make these reports; your responsibility then is discharged once you have informed this person (make documention; if this person disagrees, you can file on your own OR you can honor their choice not to report -if frivolous report or don't report, can be fined up to $1000 (punishment increases if more than one offense or if serious harm/death is involved) -hospital personnel may have photographs taken without parent consent |
|
|
Ch 119
Section 51A What goes into a report ? (5 things) How long does DCF have to inform you on status? |
-names of child and those responsible for care
-age and sex -extent of abuse and any hx of prior abuse -circumstances becoming aware of abuse and whatever action was taken to assist child -name of person making report (can do it anonymously) -DCF needs to inform reporting in writing within 30 days of status |
|
|
Ch 119
Section 51A Mandated Reporters |
Almost any kind of profession including clergy, no limit if acting acting in some other capacity that would otherwise make him a reported ("BUT need not report information solely gained in a confession or similarly confidential communication in other religious faith")
|
|
|
Ch 119
Section 51 B Duties of DCF and Disclosure of info (in emergency, time to investigate? temporary custody? what if report of abuse is invalid? |
-in emergency, 2-24 hours to investigate, report in 5 days otherwise 2 business day up to 15 business days to make determination
-can take immediate temporary custody (must file petition on next court date , temp shelter for 72 hours w/o parent consent) -immediate report to DA if child dies, is sexually asaulted, exploited, impairment of bodily functions, brain damage -if report of abuse is invalid, names not placed in central registry (51E: names in report are removed from reports after one year after the date of termination of services, when the child reaches the age of 18 if abuse/neglect occurred, after one year if abuse/neglect can't be substantiated) |
|
|
??? Ch 119
Reporting sexual abuse |
Reporting to DCF is not enough
-also call DA, SANE (sexual abuse network evaluation) team has rep in DCF, DA, and state police, and uses trained investigators who usually videotape interviews so there is no need for multiple interviews |
|
|
DCF Services until what age?
|
21?? (think this is DYS)
maybe 18 |
|
|
Grandparents
CH 119 Section 39D |
"whenever the child is placed in family foster care, the court shall ensure that grandparents upon their request, have access to reasonable visitation rights with the child" (p 33)
-grandparents of unmarried minor child may be granted reasonable visitation rights..if in best interest...if paternal grandparents need paternity signed by dad or decided by court, not necessary for maternal grandparents -if adoption (unless stepparent) visitation rights cease |
|
|
Siblings
(ch 119) |
"ensure that children...have access to and visitation rights with...siblings" (p.33)
"any child who has attained the age of 12 years may request visitation rights with siblings" (p39) |
|
|
Ch 119
Section 33B Juveniles with arson or sex offense (Who does DCF refer them to? how soon to complete exam? what about kids in neighborhood?) |
DCF refers to qualified (specialized training and experience with sexually abusive youth or arsonists) diagnostician for eval (risk assessment and recs) for appropriate and safe placement
-completed within 10 working days of referral -DCF needs to prepare and implement plan to address safety of other children |
|
|
Ch 119
Section 52 & 58 Delinquent Child (probation? commitment? 1st offense? 2nd offense) |
-ages 7-17, who commits any offense against law
-gets probation officer; can be on probation until 18 (or 19 yo in the case of a child whose case is disposed of after he has attained his eighteenth birthday) -can commit child to DYS until 18yo (if evidence that continuation of child in his home is contrary to his best interest, and needs to be effort to prevent or eliminate need from removal from home) -first offense: 180 day in delinquent facility (or until 18 yo) -second offense: up to a year |
|
|
Ch 119
Section 52, 58 Youthful Offender (definition, where can be committed, separate incarceration?) |
-age 14-17 yo who commits a crime that would be punishable by state prison term if adult AND has been previously committed to DYS or the offense threatened/inflicted serious bodily harm on another
-can be committed to DYS until 21 yo ( and then /or sentenced to an adult house of correction) -if sentenced to state prison or house of correction, will need separate incarceration until 17 yo |
|
|
Ch 112, Section 118
Definition of Health Service |
delivery of direct, preventive, assessment, and therapeutic intervention services to individuals whose growth, adjustment, functioning is actually impaired or may be at risk of impairment
|
|
|
Ch 112, Section 118
Supervised health service experience (5 components...training? relationship? supervision time? direct client contact? how much supervision by licensed PSYCH?) |
-training @ a place where psych services are provided
-applicant has a formal relationship (like a contract?) -supervised one hour for every 16 in training -at least half of supervision provided by licensed PSYCH -25% is direct client contact |
|
|
True or False
State Regulations trump APA code if different, even though MA adopted APA code |
True
|
|
|
Ch 112, Section 118
Definition: Practice of Psychology |
Most of the definition makes sense
(delivery of services, changing human behavior...application of psychological principles) --does not include teaching, research, or psych consultation unless they also include delivery or supervision of direct services |
|
|
Ch 112 Section 119
Contents and requirements for application for license as psychologist (3 criteria, what's different in terms of requirement for HSP?) |
-doctoral degree in psych
-pre and post doc training (can be teaching, research, professional practice but needs to be under supervision of licensed psych) -needs to be ethical -difference btwn lincensed and HSP psychologist (at least two years full time of supervised health service experience, of which at least one year is post doctoral and at least one year of which is in a health service training program, this link explains it in more detail http://www.mass.gov/ocabr/licensee/dpl-boards/py/forms/health-service-provider-certification.html |
|
|
Ch 112 Section 128
10 commandments of things you shouldn't do (and what happens if your license is revoked or suspended?) |
-don't obtain a license fraudulently
-breaking commonwealth laws relating to practice of psychology -gross misconduct and negligence -impaired by alcohol, drugs, physical and/or mental disability -habitually drunk or high -permitting unlicensed individual -criminal offense which ? ability to practice -break rules of the board if complaint is made to board, there is a hearing, YOU must attend. (if license is revoked or suspended, can reapply in 3 years 5 board members need to vote yea for reinstatement) |
|
|
Ch 112 Section 129A
Confidential Communications (Who does privilege belong to? When do you notify re: limits of confidentiality? What if death threat is communicated about another person? What about confidentiality when collecting payments in a small claims court? What about confidentiality if an ethics complaint against you?) |
-MA had HIPPA-like requirements before federal law...Highlights:
*privilege belongs to the CLIENT, not you. (for instance, can't be forced to testify w/out client's permission about things in therapy...court case upheld privilege) **need to notify ppl at BEGINNING of therapy about limits of confidentiality (or if you can't, document why, then do so ASAP) **if a person communicates a death threat or bodily injury to a reasonably identifiable person you must do one or more --->tell the person --->notify law efforcement --->arrange for patient to be hospitalized VOLUNTARILY --->start steps for involuntary hosptialization --->** DOCUMENT: try to do all, but note what efforts you took to do at least one of 4 ** even if you have a reasonable basis to believe (not explicit threat but pt has hx of violence) that another reasonably identified person is in danger, do above ** when you break confidentiality in these cases, only disclose info that ensures safety of others (not personal stuff) ** you can collect $$ that is due you in small claims courts if you need to (this is another type of exception to confidentiality, but it's recommended not doing this; try to collect fees on timely basis when services are rendered; going to court can bring up all kinds of problems **if a person sues you or files an ethic complaint or licensing board complaint against you, they waive duty of confidentiality you have to them (you have right to defend yourself) |
|
|
Ch 112 Section 129B
Contractual restrictions on right to practice |
No one can force you into a non-competition covenant that restricts your right to practice in any geographic area for
any period of time after termination of the partnership; its the client's welfare that takes priority |
|
|
Ch 112 Section 12CC
Health care providers, inspection of records (really discusses what happens if client wants access to records) |
Highlights
**clients have right to access psychotherapy records **you can charge a reasonable fee (e.g. fee for copying) **if you believe that providing those records would adversely impact pt, you must then make a summary of the record available ** if client insists, release record to attorney or another therapist (consented by client) **you don't have to put process notes into medical record **think of client looking over one shoulder and their lawyer over the other as you write your notes |
|
|
Ch 112 Section 127
Terms of license (how long b4 renewal), renewal (what do you need to renew) |
-2 yr license
-need 20 hr of CE (documented) within those 2 years -APA approved programs or "such other accreditation program that the board might recognize" |
|
|
Ch 112 Sections 122-125
Unauthorized practice (fines?), exemptions, exclusions |
-if you use the title Psychologist when you're not licensed, fine $500, imprisonment 3 months
EXCEPTIONS -eligible for licensure, one day a month providing consultative services, no penalities if you call yourself a psychologist or is you're a psychologist in training Exclusions -other professions can do psychological work but can't call themselves psychologists |
|
|
Ch 112
Section 65 Penalties for those who practice psych without license |
Boards can collect the following fees for civil administrative penalties for those who practice without a license
*$ 1,000 for 1st violation *$ up to $2500 for second or subsequent violations |
|
|
Ch 233
Section 20B Privileged Communication (exceptions to privilege...7 points) |
Exceptions to privilege:
*patient in need of hospitalization or therapy *in a psychiatric eval ordered by the court, after discussing limits of confidentiality, info provided by patient is admissable only on issues pertaining to pt's mental or emotional condition (not issues of guilt, criminal matters) **if pt introduces his mental/emotional condition as an element or claim to his defense, no longer privileged (except child custody, adoption, or adoption consent) **in any proceeding after the death of a patient in which his mental/emotional conditions is introduced by any party claiming or defending through or as a beneficiary to the patient, as element of defense **in cases involving child custody, adoption, or adoption consent, upon hearing in chambers, judge can make determination if it's important that a communication can be disclosed **if a proceeding is brought against you as a therapist, you are not bound by privilege and can defend yourself ** you can also disclose info to insurance and 3rd party payers, but only the info necessary for payment. |
|
|
DMH
MGL Ch 123 Section 1 def Likelihood of serious harm (How do you know it's serious harm? 3 examples) |
SUBSTANTIAL RISK...as MANIFESTED
(beyond reasonable doubt based on evidence of something they have overtly done) -threats or attempts at suicide, serious self-harm -homicidal, violent behavior, placing others in fear, serious physical harm -risk of physical impairment or injury as evidence of person's judgment so affected that he is unable to protect himself in the community and that reasonable provision for his protection is not available in the community |
|
|
DMH
MGL Ch 123 Section 1 def Qualified Psychologist |
any healthcare service provider psychologist
|
|
|
DMH
MGL Ch 123 Section 1 def Reasonable Precautions (when a person has made a threat to hurt someone) |
-refers to any licensed mental health professional
-REASONABLY identifiable person -EXPLICIT THREAT -KNOWN HX OF VIOLENT BEHAVIOR and clear and PRESENT DANGER **communicate threat to potential victim **contact law enforcement **arrange of voluntary hospitalization **initiate proceedings for involuntary hospitalization |
|
|
DMH
MGL Ch 123 Section 1 def Restraint |
maybe used in certain emergency circumstance (anything from physical force to chemicals, i guess like pepper spray?? to calling police) but can't unreasonable limit freedom of movement
|
|
|
MGL Ch 123
??? Section Regulations about commitment, retention of dangerousness, person's rights/hearings and proceedings |
-MA has a 3-day provision (longest you can hold a person against will in civil commitment)
-Requires a hearing in court where represented by counsel |
|
|
DMH
MGL Ch 123 Section 8B Tx of committed persons with antipsychotic meds (criminal vs. civil commitment) |
-if you're CRIMINALLY incarcerated, the state has the right to give you whatever drugs are deemed necessary to control you
-if you're civilly committed (haven't committed a crime but in a facility bc potentially dangerous), there's a court procedure where the patient must be found incompetent to make a decision on their own behalf (2 steps) **then court appoints guardian if found incompetent **then courts tells guardian to exercise substituted judgment (stand in the shoes of the patient and make the decision you think he'd make) |
|
|
DMH
MGL Ch 123 Section 11 Voluntary Admissions |
Overview: after someone signs himself in, must sign letter to stay for 3 days BUT if he decides to leave anyway AND he's not dangerous, you can't hold them
-free to leave any time -parent or guardian who requested admission may withdraw person @ anytime -may need 3 days notice of intention to leave (examination for suitability to be discharged MAY be conducted) -superintendent of facility may be request retain beyond 3 days if filed with district court to extend committment -person has to understand this before applying for voluntary admission |
|
|
DMH
MGL Ch 123 Section 12 Emergency Restraint of a dangerous person; application for hospitalization (Who can? reasons? application completed by physician vs. nonphysician? must be given opportunity for...? discharge?) |
Any qualified physician, psychiatric nurse, or qualified psychologist who after examining (in person) has reason to believe that failure to hospitalize such person would create a likelihood of serious harm by reason of mental illness may restrain or authorize restraint of such person and apply for hospitalization (sign transport order to apply for hospitalization then police take person to hospital)
--in an emergency, and exam is not possible, may still apply for hospitalization --police officer can apply for hospitalization if profs above are not available and it's clear that the person is a potential threat ***if application is initially done by physician, person is IMMEDIATELY admitted to facility ***if not done by physician, person is given a psych exam at reception of facility --must be given opportunity for VOLUNTARY hospitalization --person will be discharged after 3 day unless application for further commitment +++person can, for instance, deny suicidal thoughts by the time they get to hospital and they get sent home...but you've done your job, and if this person gets sent home and kills himself, you're not accountable |
|
|
DMH
MGL Ch 123 Section 13 Transfer of dangerous males to Bridgewater State Hospital |
if you're in a public or private psychiatric hospital and you become dangerous to other patients they can transfer you to Bridgewater
-also sent BW: any male charged with murder in MA (30 day eval) |
|
|
DMH
MGL Ch 123 Section 15 Competence to Stand Trial (5 points) |
-order exam by qualified physician or qualified psych if doubts that defendent in a criminal case is competent to stand trial OR is criminally responsible by reason of mental illness or mental defect
-court MAY order hospitalization for a period not to exceed 20 days (qualifying profs can extend this but no more than 40 days) -after obs period, report is given to court with clinical findings about whether or not competent and an opinion of where defendent is in need of tx and care -"A finding of incompetency shall require a preponderance of evidence"...trial is stayed until defendant becomes competent, unless case is dismissed -then application of commitment can be made (so can be found guilty but then committed) |
|
|
DMH
MGL Ch 123 Section 35 Commitment of alcoholics or substance abusers |
-chronic, habitual users, injures health, interferes with social or economic functioning, no self control (no arrests but warrant for appearance at court)
-police officer, physician, spouse, blood relative, guardian or court official may petition any district court or any juvenile court department for commitment of an alcoholic or substance abuser -role of qualified psych is to exam said person per court order after a petition has been made to the court |
|
|
Ch 201
Section 6 Mentally Ill Persons & appointment of guardians |
-as psychologists, we may be called up to give an opinion about someone's competency to make decision about himself or his property
-"substituted judgment standard"...re: antipsychotics..tx plan is made up of licensed physician or certified psychiatric nurse |
|
|
Ch 190B
(this is new to the 2011 Jurisprudence) Distinguish btwn guardian and conservator |
Guardians may be appointed for protection of the person only.
A conservator must be appointed to protect property and business affairs of a person in need of protection. |
|
|
Ch 190B
(this is new to the 2011 Jurisprudence) A guardian may be appointed for an INCAPACITATED PERSON |
who for reasons other than advanced age or minority, has a clinically diagnosed condition that results in an inability to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance
(not just because of chronological age but can't take care of self) |
|
|
Ch 190B
(this is new to the 2011 Jurisprudence) A conservator may be appointed for a PERSON TO BE PROTECTED |
**the person is unable to manage
property and business affairs effectively because person is a minor OR person has clinically diagnosed impairment OR **the individual is detained or otherwise unable to return to the United States AND the person has property that will be wasted or dissipated unless management is provided or money is needed for the support, care, and welfare of the person |
|
|
Ch 190B
(this is new to the 2011 Jurisprudence) Medical Certificate (in what kind of cases, when must it be dated, who completes it, what is involved |
*in both guardianship and conservatorship cases, a medical certificate must be filed
*A Medical Certificate must be dated within 30 days of the filing of the petition for these cases *capacity/competency examination must take place within 30 days prior to the hearing (so a new medical certificate might have to be procured prior to permanent hearing) *it involves a competency/capacity exam completed by physician or licensed psychologist or clinical nurse: a description of the nature, type, and extent of the person's specific cognitive and functional limitations; (2) an evaluation of the person's mental and physical condition and, if appropriate, educational potential, adaptive behavior, and social skills; (3) a prognosis for improvement and a recommendation as to the appropriate treatment or habilitation plan; and (4) the date of any examination upon which the report is based |
|
|
Ch 190B
(this is new to the 2011 Jurisprudence) Clinical Team Report (who makes up this team, for what population, how many days to file a report) |
For persons with an intellectual disability, a Clinical Team Report (CTR) must be filed. A Clinical Team
Report must be dated within 180 days of the filing of the petition. A Clinical Team Report must be completed by a physician, a licensed psychologist, and a social worker, each of whom is experienced in the evaluation of persons with an intellectual disability. |
|
|
Ch 208
Section 31 Shared Custody Plans |
shall not negate or impede the ability of the non-custodial parent to have access to the academic, medical, hospital or other health
records of the child UNLESS there's been evidence/court order than noncustodial parent shouldn't have any access to that child (protection/safety of welfare) |
|
|
104 Code of Mass Regulations
33.04 (Section 3) Designated Forensic Psychologist |
Designation lasts 3 years
*licensed *2 full-time years post-doc (or 5 yrs after completion MA can be substituted for one year of post-doc) *1000 supervised hours inpatient *approved training visit at BWSH, DMH inpatient, District COurt which has DMH forensic services, and Jail or House of Correction *2 different kinds of eval in 2 different sits *completed exam *2 letters from at least two different mental health profs (EXCEPTIONS...met similar criteria for appointment as a forensic psychologist in other states, or who are diplomates of the American Board of Forensic Psychology, or who have extensive previous experience in forensic mental health work) (MAINTAINING STATUS...make reports available to Assistant Commissioner...periodic reviews of work by Forensic Mental Health Supervisor...yearly trainings) |
|
|
104 Code of Mass Regulations
33.04 (Section 5) Psychologist examining prisoners (when not a designated forensic psychologist) |
licensed and 3 years in exam and treating mentally ill persons
|
|
|
251 CMR Board of Registration of Psychologists
Overall re: APA code vs. MA regulations |
MA has adopted APA ethical principals as its code of ethics (so you have to follow that in MA, even if you don't belong to APA
Where regs are different from the CODE, regulations trump Code (follow MA regulations) |
|
|
251 CMR Board of Registration of Psychologists
1.10 section 3 Advertising Fees |
-you can advertise fees for routine services (but need to display this in office if you advertise)
-furthermore, if you need to charge more, then need written consent to charge higher than advertisement |
|
|
251 CMR Board of Registration of Psychologists
1.10 section 4 Records (How long do you keep a record? Adult vs Child?) |
-maintain record for minimum of 5 years from last encounter in a matter which permits access by client or successor psychologist
-child: until 19 yo (and no less than 5 years...so if you started working with a 16 yo you're actually keeping it until age 21 |
|
|
251 CMR Board of Registration of Psychologists
1.10 section 4 Records (if the client want record) |
If, in the reasonable exercise of professional judgment a psychologist believes that providing the entire record would adversely affect the patient’s well-being, the psychologist shall provide a summary of the record to the patient. A psychologist must make the entire record available to the patient’s attorney or other psychotherapist designated by the patient, if requested by the patient
|
|
|
251 CMR Board of Registration of Psychologists
1.10 section 5 Dual/Sexual Relationships |
Prof relationship between pt and therapist continues up to a minimum of 2 years of rendering of last prof service
(if there is sexual misconduct, consent defense is not available, other sexual activity of the client is not admissible, keep confidentiality of client at hearing) |
|
|
251 CMR Board of Registration of Psychologists
1.10 Section 6d fee-splitting |
No commissions, rebates, etc around prof referrals
(not in the client interests...for instance if you're referring clients to a person in winthrop bc he's giving you $50/referral, the client doesn't know that, the client prob thinks that you're giving the referral bc the person's good) |
|
|
251 CMR Board of Registration of Psychologists
1.11 Confidential Communications Section 1 Seeking Consult |
Seeking consultation, take care to make best effort to safeguard client's privacy by not disclosing client's name or other identifying demographic info UNLESS such info is necessary for consult to be successful
|
|
|
Confidentiality: Kids in Therapy
|
*don't have rights of confidentiality
*Parents have right to see therapy records of all children under age 18 (note: kids don't need parents' knowledge and consent for seeking help with substance abuse, STD, pregnancy, may seek an abortion, but may need to get judicial permission to not have to tell parents) |
|
|
251 CMR Board of Registration of Psychologists
3.10 Renewal A licensee who fails to renew his/her license within one renewal cycle (two years) after the date the license lapsed/expired, and practicing |
a. A petition for renewal, made under oath and signed before a notary public, which details the licensee's professional activities during the period the licensee has been lapsed/expired;
b. Sworn and notarized statements from at least two licensed psychologists who are familiar with the licensee's work and professional history during the period the license has been lapsed/expired must be filed with the Board. c. A completed renewal form and all required past due renewal and late fees d. Documentation of fulfillment of the continuing education requirements of 251 CMR 4.00 must also be filed. The number of continuing education hours required to be completed by an applicant for renewal of a lapsed/expired license shall be based on 20 hours per renewal period and determined by the number of renewal periods between the latter of the date the applicant last renewed his/her license or June 30, 1988, and the most recent renewal date prior to the application for renewal; e. may also be required to personally appear before the Board or a subcommittee of its members; |
|
|
Ch 119
Section 51A area k A mandated reporter who is professionally licensed by the commonwealth shall complete |
training to
recognize and report suspected child abuse or neglect. |
|
|
Ch 123
Section 18 Hospitalization of Mentally Ill Prisoners (4 aspects) |
Prisoner in need of hospitalization by reason of mental illness can be examined at place of detention by a physician or psychologist, designated by the department as qualified to perform such examination.
Said physician or psychologist shall report the results of the examination to the district court which has jurisdiction. Report shall include an opinion, with reasons as to whether such hospitalization is actually required. The court which receives such report may order the prisoner to be taken to a facility or, if a male, to the Bridgewater state hospital to be received for examination and observation no more than 30 days After completion of such examination and observation, a written report shall be sent to such court and to the person in charge of the place of detention. Such report shall be signed by the physician or psychologist conducting such examination, and shall contain an evaluation, supported by clinical findings, of whether the prisoner is in need of further treatment and care at a facility or, if a male, the Bridgewater state hospital by reason of mental illness With the approval of the person in charge of such place of detention, prisoner can apply for voluntary admission |
|
|
Ch. 123 A
Sect 1 Definitions Qualified examiner |
Qualified physician or psychologist (licensed and two years of experience with diagnosis or treatment of sexually aggressive offenders...qualified forensic psychologist) and is designated by the commissioner of correction
|
|
|
Ch 123A
Sect 1 Defs Sexually Dangerous Person |
(first two both include..."and who suffers from a mental abnormality or personality disorder")
-convicted of sexual offense as a delinquent or youthful offender -charge with sexual offense and determined to be incompetent to stand trial -lack of power to control sexual impulses (compulsive misconduct, violence or sexual aggression towards a person under age 16, and likely to do it again |
|
|
Ch 123A
Section 6A Participation in Community Access Program |
Community Access Board established by Dept of Correction
-psychologist may sit in 1 of 5 spots -prepare reports on the current sexual dangerousness of all persons at the treatment center -If returned to community, must notify police, DA, victim if request |
|
|
Ch 123A
Section 9 Petitions for exam and discharged for sexually dangerous person (who conducts exam?) |
Qualified Examiner (which would most likely mean a forensic psychologist...2 years experience with dx or tx of sex offenders AND designated by commissioner of correction)
may conduct examinations, including personal interviews, exam of all records, to determine if person is still sexually dangerous -still notify the same crew from Section 6A |
|
|
Ch 123A
Section 13 Temporary commitment of prisoner or youth to treatment center; right to counsel; psychological examination (when does temp commitment happen, where, for how long, how many examiners, how long do they have for report, can another examiner perform exam) |
If the court finds probable cause that person is sexually dangerous, committed to the treatment center no more than 60 days for the purpose of examination and diagnosis under the supervision of two qualified examiners
-examiners (forensic psych) shall, no later than 15 days prior to the expiration of said period, file a written report of the examination and diagnosis and their recommendations. -Court supplies examiner with all sorts of records and interviews -Any person subject to an examination may retain a psychologist or psychiatrist who meets the requirements of a qualified examiner to perform an examination on his behalf |
|
|
Ch 123A
Section 14 admissibility of evidence (how is info admissible in trial of a potentially sexually dangerous person? how long is a sexually dangerous person committed? what happens if it's a youth?) |
any evidence tending to show that such person is or is not a sexually dangerous person shall be admissible at the trial if such written information has been provided to opposing counsel reasonably in advance of trial
-If after the trial, the jury finds unanimously and beyond a reasonable doubt that the person named in the petition is a sexually dangerous person, such person shall be committed to the treatment center or, if such person is a youth who has been adjudicated as a delinquent, to the department of youth services until he reaches his 21st birthday, and then to the treatment center for an indeterminate period of a minimum of one day and a maximum of such person's natural life until discharged |
|
|
251 CMR
3.08 Certification a HSP (9 really important criteria) |
3200 hrs within 5 yrs
Training not less than 4 mos and 16hrs/wk 1 schooling before experience can count Post-doc 10 mos min- 3 yrs max HSP- 200 hrs of supervision ½ by licensed provider 4 seminar trainings/wk 4 hrs total of cultural diversity training 25% client face time 2 interns at site |
|
|
Distinguish between a
1. caretaker 2. guardian 3. conservator |
1. caretaker
-someone who accepts and takes responsibility for the well-being (welfare) of an individual. 2. guardian -has legal power and control to make decisions for or as the individual 3. Conservator -legally involved in the estate and financial dealings of the person |
