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97 Cards in this Set
- Front
- Back
- 3rd side (hint)
Parent authorizes treatment of a minor. When does s/he have access to treatment records
|
Always
Unless - therapist anticipates detrimental effect on therapy - therapist anticipates detrimental effect on child's physical or emotional well being |
a5
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What did the Tarasoft Statute add to previous Tarasoft practice?
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It restricted Tarasoft duties to threats made directly by the patient.
|
a7
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CA record retention
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7 years after termination
|
a8
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APA record retention
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3 years after termination
a record summary for 12 addtional years |
a13
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Process when ethics and law conflict
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Make known commitment to Ethics
Try to resolve conflict If that doesn't work, obey the law |
a20
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Psychologist reporting responsibility for spousal abuse
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Neither mandated nor permitted
|
a26
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Relationshp between supervisor and Psych Assistant
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Employer and employee
|
a28
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Response to 3rd party phone calls
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May listen
May acknowledge that patient is in therapy only in extenuating circumstances May breach confidentiality only in extenuating circumstances |
a32
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Timing of child abuse reports (phone, written)
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By phone immediately
Written within 36 hrs |
a33
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Examples of breach of duty
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Patient sues for malpractice
Therapist sues for non-payment |
a36
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What is the status of privilege in breach of duty suits?
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There is no privilege
|
a36
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Process when a multiple relationship is discovered
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Try to resolve the conflict in the patient's best interest and maximal compliance with the Ethics Code
|
a37
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When is sex permisible with former patients?
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After 2 years and
Only in most unusual circumstances |
a40
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Def: grave disability
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Inability to provide one's own food, shelter and clothing
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a41
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HIPAA requirement for privacy notice document
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It must be separate from other signed forms, such as a general consent form
|
a44
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Meaning of availability of supervisor to supervisee
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Can be contacted by any means
|
a49
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Conditions for elder abuse reporting
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Any reasonable suspicion of abuse including, but not limited to:
Direct evidence of abuse Elder reports abuse |
a54
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Types of elder abuse
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Physical abuse
Abandonment Isolation Financial abuse Neglect |
a54, w78
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When can a psychologist do a custody review of a family s/he is treating?
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Almost never
It would be an insurmountable threat to objectivity |
a61
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When do you get assent instead of consent?
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When the patient does not have legal capacity (eg a minor or dependent adult)
Consent is procured from his/her guardian Note: informed consent is required for court mandated treatment |
a70
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When would a temporary suspension of a licence be issued?
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When you are possibly a danger to the public (eg for an untreated addiction) and before the problem has been resolved with the Board
|
a76
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What happens when a license revocation is stayed?
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Therapist is put on probation
|
a76
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Def: multiple role
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Being in more than one role with the same person
or in a role with someone close or related, now or in the future |
a92
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Requirements for documentation of treatment
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Ethically mandated
And includes progress notes |
a94
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In a legal proceeding when is privilege inapplicable to a minor?
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Patient is <16 and victim of a crime
Therapist believes that disclosure is in the best interest of the child |
a98
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Who is responsible for posting the notice to consumers about how to make complaints to the Board?
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All licensees and registrants
|
w2
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What is the disciplinary action for incarceration for a felony?
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License suspension
|
w21
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What is the best defense for breaching confidentiality to prevent a suicide?
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A safety emergency occured
|
w23
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What are the general conditions for an exception to privilege?
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When a judge has legal authority to order disclosure in the course of a legal proceeding (eg court, deposition, administrative hearing)
|
w33
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What is the appropriate course of action when you learn that goods received in barter were stolen?
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Maintain confidentiality
|
w34
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Who is authorized to provide consent for HIV testing to an 11 year old living in a county facility? *
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The responsible county official
|
w41
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Who are emancipated minors?
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Legally married
Enlisted in the military By court declaration |
w43
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What are the enabling conditions for the Court to declare a minor emancipated? *
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Minor >= 14 yo
Living apart from parents with consent Management of finances with legal income In the best interest of the minor |
w43
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Obligation to provide records to a patient with an outstanding bill
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Respond within 15 days
Records may not be withheld for non-payment |
w53
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If a patient requests a copy of his / her records and you believe there may be adverse consequences if you do, you must:
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1. Make a note in the record as to why
2. Permit inspection of records and note by another licensed health care professional Summary optional |
w54
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Conditions of Tarasoft duty
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Direct communication by patient
Threat of violence against an identifiable victim |
w56
|
|
Tarasoft duty
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Warn, protect, predict
Notify victim and police |
w56
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Detention schedule for a gravely disabled person
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03 days - 72 hours
14 days 30 days 47 days max |
w60
|
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Detention schedule for someone who is a threat to self
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03 days - 72 hours
14 days 14 days 31 days max |
w60
|
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Detention schedule for some who is a threat to others
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03 days - 72 hours
14 days 180 days, renewable 197 days max |
w60
|
|
Criteria to be met for a 14 day hold
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Completion of 72 hour hold
Still a danger to self or others, or gravely disabled Refuses voluntary treatment |
w61
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When is a report of sexual assault required for lewd or lascivious contact?
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Child is under 14
Child is 14 or 15 and perp is 10 years older |
w67
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When is a report of sexual assault required for intercourse, even if voluntary
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Child is under 16 and perp is 21 or older
|
w41
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When is a report of sexual assault required for rape, incest or sodomy?
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Child is under 18
|
w67
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When is a report of sexual assault not required?
|
When both participants are 16 or older and it is voluntary
|
w67
|
|
Types of child abuse
|
Physical
Sexual assault or exploitation Neglect Willful cruelty or unjustifiable punishment Unlawful corporal punishment or injury |
w69
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To whom are child abuse reports made?
|
Police department
Sheriff's department County welfare department |
w71
|
|
Recommendations for informed consent
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Written informed consent to treatment (written standard of care, but oral legal)
Written privacy policy 2 separate documents |
w87
|
|
Who are the third parties to whom confidential information may not be released?
|
Anyone outside the professional relationship
|
w88
|
|
Retention period for HIPAA documentation
|
6 yrs
|
w90
|
|
Ethical obligation in face of a colleague's ethical violation *
|
Depending on severity:
Attempt informal resolution Report to Ethics committee or Board |
w94
|
|
How long may someone with an out-of-state license practice in CA without applying for a CA license?
|
180 da
|
w tape
|
|
How long may someone with a foreign license (eg Canadian) practice in CA
|
Up to 30 days in the calendar year
|
w tape
|
|
Continuing Ed requirements in first renewal cycle
|
Spousal abuse
Aging and long term care Courses prior to licensing may count at the descretion of the Board |
Laws and Regs
|
|
After license expiration, for how long may the license be renewed?
|
3 years
|
w tape
|
|
When may a license be surrendered?
|
Before the hearing
|
w tape
|
|
What happens to your license if you are incarcerated
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It is suspended (at min)
|
w tape
|
|
What is covered by the evidence code
|
Exceptions to privilege
|
w tape
|
|
Under what condition may you not assert privilege?
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If it has been waived by the patient
|
w tape
|
|
Who holds privilege?
|
Patient
Patient's guardian Patient's representative |
wb 24
|
|
Who can claim privildege?
|
Holder of privilege
Person authorized by the holder The therapist |
wo 19
|
|
Who can authorize a waiver of privilege?
|
Holder of privilege
If more than 1 then all holders Anytime confidential communication is disclosed by the patient to a third party |
wo 19-20
|
|
Constraints on self-sufficient minors *
|
15 or older
Living apart from parents Managing own finances May consent to medical and dental treatment Provider may contact parents with or without consent |
wo 25
|
|
Under what circumstances may a minor get outpatient or residential shelter treatment?
|
12 or older
Mature enough to participate Cannot get ECT, psychosurgery or meds without parental consent |
|
|
What are the parental contact requirements for outpatient or residential shelter treatment?
|
Outpatient: should attempt to contact unless inappropriate; document
Residential: MUST attempt to contact |
|
|
Rule of thumb age constraints on treating a minor *
|
Generally must be 12 or older
Except for: pregnancy sexual assault (except rape) |
w tape
|
|
Time frames for inspecting and copying records
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Inspection - 5 working days
Copying - 15 days from receipt of written request Treatment summary - 10 working days or 30 days with extenuating circustances |
wo 31
|
|
Time frames for abuse reporting
|
Child abuse
immediately by phone written follow up in 36 hrs Elder abuse asap by phone written follow up in 2 working days |
w tape
|
|
Consequences of not filing an abuse report
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Guilty of a misdemeanor
Possible jail up to 6 mo Possible fine up to $1000 Both |
|
|
Elder abuse report recipients
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In general: to adult protective services or police
In a long term care facility: ombudsman or police |
w 46
|
|
Non-disciplinary actions by the Board
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Mediation
Education letter or review Letter of warning Citation and fine |
w 15-6
|
|
Disciplinary actions by the Board
|
Letter of reprimand
Two-step agreement Probation Suspension Interim suspension order License surrender License revocation |
w 16-7
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Tarasoft with respect to confidentiality
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Confidentiality must be considered even though it may be breached to provide the requisite information
|
b 14
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Def in HIPAA: patient authorization
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Written release of information beyond consent agreement
|
b 15
|
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Hours of SPE a trainee may accrue under a single primary supervisor
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Unlimited
|
b 16
|
|
When must you get a new license instead of a renewal?
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3 years after expiration
|
b 19
|
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Conditions under which graduate students must expose personal information
|
If requirement is clearly stated in admissions and program materials
If necessary to evaluate students for competence or threat to self or others |
b 27
|
|
Def: sexual contact
|
Touching an intimate part, including intercourse
|
b 30
|
|
Ethics code on bartering
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Permitted, as long as not clinically contraindicated or exploitive
Not encouraged or discouraged |
b 32
|
|
Ethics on collection agency
|
Acceptable if:
Patient first given opportunity to settle accounts Patient given advance notice |
b 38
|
|
Contents of child abuse report
|
Reporter name and contact
Type of abuse Narrative descripton (But not risk of future abuse) |
b72
|
|
Requirements on professional initiating a 5150
|
Provide confining facility with a statement of probable cause
|
b73
|
|
Tarasoft duty
|
Notify victim
Notify police (But not attempt to prevent potential violence) |
b74
|
|
Responsibility to report to patients disciplinary actions by the Board
|
No requirement unless asked
|
b86
|
|
Who may inspect patient records?
|
The patient or his/her representative and
One other person only |
b87
|
|
Requirements to reactivate inactive license
|
Application to the Board
Payment of fees Completion of continuing ed prorated for time in active status |
b93
|
|
What is relevant to a patient threat against property?
|
Evidence Code 1024, stating
No privelege exists if the patient's mental state poses a risk to self, others or property and disclosure is necessary to prevent the threat |
b95
|
|
Ethics: handling of confidential information for didactic purposes
|
Must be disguised unless the person has consented in writing
|
b100
|
|
Continuing education requirements
|
36 hours / renewal cycle
18 hours may be via distance learning 4 hour course in Law and Ethics 1 time course in spousal abuse |
Board - new reg
|
|
From whom must consent to treatment be secured?
|
Patient or legal guardian
Consent is not implicit in institutional consent |
a16
|
|
When is parental consent required for services to prevent or treat a pregnancy?
|
Contraception - no
Abortion - no Sterilization - yes |
a30
|
|
What should be done in the event of the discovery of a harmful multiple relationship (APA)?
|
Take reasonable steps to resolve it with due regard for the best interests of the client and maximal compliance with the Ethical Code
|
a37
|
|
Referral payments are
illegal unethical both |
Both
|
a54
|
|
Examples of insurmountable conflicts of interest
|
Doing a custody evaluation for a family you have been treating
Using the wife as the translator for the husband in an assessment |
a61
|
|
What should you do if the police demand to see client records on the strength of a warrent for his/her arrest *
|
Inform them that any and all information regarding treatment is priviledged and confidential
|
|
|
When can a physician disclose HIV status to a partner w/o the patient's consent
|
Only after trying to secure consent
|
|
|
State law vs HIPAA
|
State law supersedes HIPAA unless HIPAA is more stringent or state and federal law are contradictory
|
|