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97 Cards in this Set

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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
What did the Tarasoft Statute add to previous Tarasoft practice?
It restricted Tarasoft duties to threats made directly by the patient.
a7
CA record retention
7 years after termination
a8
APA record retention
3 years after termination

a record summary for 12 addtional years
a13
Process when ethics and law conflict
Make known commitment to Ethics
Try to resolve conflict
If that doesn't work, obey the law
a20
Psychologist reporting responsibility for spousal abuse
Neither mandated nor permitted
a26
Relationshp between supervisor and Psych Assistant
Employer and employee
a28
Response to 3rd party phone calls
May listen

May acknowledge that patient is in therapy only in extenuating circumstances

May breach confidentiality only in extenuating circumstances
a32
Timing of child abuse reports (phone, written)
By phone immediately
Written within 36 hrs
a33
Examples of breach of duty
Patient sues for malpractice
Therapist sues for non-payment
a36
What is the status of privilege in breach of duty suits?
There is no privilege
a36
Process when a multiple relationship is discovered
Try to resolve the conflict in the patient's best interest and maximal compliance with the Ethics Code
a37
When is sex permisible with former patients?
After 2 years and
Only in most unusual circumstances
a40
Def: grave disability
Inability to provide one's own food, shelter and clothing
a41
HIPAA requirement for privacy notice document
It must be separate from other signed forms, such as a general consent form
a44
Meaning of availability of supervisor to supervisee
Can be contacted by any means
a49
Conditions for elder abuse reporting
Any reasonable suspicion of abuse including, but not limited to:

Direct evidence of abuse
Elder reports abuse
a54
Types of elder abuse
Physical abuse
Abandonment
Isolation
Financial abuse
Neglect
a54, w78
When can a psychologist do a custody review of a family s/he is treating?
Almost never

It would be an insurmountable threat to objectivity
a61
When do you get assent instead of consent?
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
When would a temporary suspension of a licence be issued?
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
What happens when a license revocation is stayed?
Therapist is put on probation
a76
Def: multiple role
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
Requirements for documentation of treatment
Ethically mandated

And includes progress notes
a94
In a legal proceeding when is privilege inapplicable to a minor?
Patient is <16 and victim of a crime

Therapist believes that disclosure is in the best interest of the child
a98
Who is responsible for posting the notice to consumers about how to make complaints to the Board?
All licensees and registrants
w2
What is the disciplinary action for incarceration for a felony?
License suspension
w21
What is the best defense for breaching confidentiality to prevent a suicide?
A safety emergency occured
w23
What are the general conditions for an exception to privilege?
When a judge has legal authority to order disclosure in the course of a legal proceeding (eg court, deposition, administrative hearing)
w33
What is the appropriate course of action when you learn that goods received in barter were stolen?
Maintain confidentiality
w34
Who is authorized to provide consent for HIV testing to an 11 year old living in a county facility? *
The responsible county official
w41
Who are emancipated minors?
Legally married
Enlisted in the military
By court declaration
w43
What are the enabling conditions for the Court to declare a minor emancipated? *
Minor >= 14 yo
Living apart from parents with consent
Management of finances with legal income
In the best interest of the minor
w43
Obligation to provide records to a patient with an outstanding bill
Respond within 15 days
Records may not be withheld for non-payment
w53
If a patient requests a copy of his / her records and you believe there may be adverse consequences if you do, you must:
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
Conditions of Tarasoft duty
Direct communication by patient
Threat of violence against an identifiable victim
w56
Tarasoft duty
Warn, protect, predict
Notify victim and police
w56
Detention schedule for a gravely disabled person
03 days - 72 hours
14 days
30 days

47 days max
w60
Detention schedule for someone who is a threat to self
03 days - 72 hours
14 days
14 days

31 days max
w60
Detention schedule for some who is a threat to others
03 days - 72 hours
14 days
180 days, renewable

197 days max
w60
Criteria to be met for a 14 day hold
Completion of 72 hour hold
Still a danger to self or others, or gravely disabled
Refuses voluntary treatment
w61
When is a report of sexual assault required for lewd or lascivious contact?
Child is under 14
Child is 14 or 15 and perp is 10 years older
w67
When is a report of sexual assault required for intercourse, even if voluntary
Child is under 16 and perp is 21 or older
w41
When is a report of sexual assault required for rape, incest or sodomy?
Child is under 18
w67
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
To whom are child abuse reports made?
Police department
Sheriff's department
County welfare department
w71
Recommendations for informed consent
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
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?
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
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
Guilty of a misdemeanor

Possible jail up to 6 mo
Possible fine up to $1000
Both
Elder abuse report recipients
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
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
Tarasoft with respect to confidentiality
Confidentiality must be considered even though it may be breached to provide the requisite information
b 14
Def in HIPAA: patient authorization
Written release of information beyond consent agreement
b 15
Hours of SPE a trainee may accrue under a single primary supervisor
Unlimited
b 16
When must you get a new license instead of a renewal?
3 years after expiration
b 19
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
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