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31 Cards in this Set
- Front
- Back
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primary supervision can be formally delegated how?
secondary delegation how? |
3. primary supervision can be formally delegated with board approval only – secondary delegation is always allowed
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Privilege is always related to WHAT proceedings except for WHAT case?
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5. Privilege is always related to LEGAL proceedings except for one case: when clt danger to self or others or property - evidence code 1024 protects us in the case of tarrasoff
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6. “ewing” is related to:
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6. “ewing” is related to: tarrasoff
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Primary supervisors may also be Psychiatrist if you are WHAT?
How many hours? How much Supervision coursework do they need? |
Primary supervisors may also be Psychiatrist if you are a psych assistant only – 750 hrs max. the Supervision coursework DOES NOT apply to psychiatrists b/c not overseen by the board.
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Option when moving:
inactive status does what: Who takes CPLEE from other states: Who takes CPSE from other states? |
Option when moving: put license on “inactive” rather than allowing to expire
inactive status = never take another CA BoP exam CPLEE – any psychologist licensed in any state or Canada that has been licensed 5+ yrs CPSE – from another state licensed < 5 yrs |
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If Licensed in another state/province, then allowed to practice tx HOW MUCH?
After application for CA license made, can WHAT? |
If Licensed in another state/province, then allowed to practice tx for up to 30 days in CA per calendar year. Do not have to be consecutive days.
After application for CA license made, can then practice up to 180 calendar days – one time thing, not per year |
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After inactive status, must do WHAT to have license activated?
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After inactive status, must complete 36 CE units to have license activated. (NO exams required, nor extra CE units.)
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Is there an agreement of reciprocity between foreign country and US?
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There is NO agreement of reciprocity between foreign country and US
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Sexual exploitation of 1 clt = WHAT penalty?
What about exploitation of multiple clients? |
Sexual exploitation of 1 clt = license rev, county jail for 6 months, fine $1k
Penalties more than that are for exploitation of multiple clients |
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probation of 3+ years =
probation < 2 years = |
Memorize both time frames for probation:
probation of 3+ years = wait at least 2 yrs probation < 2 years = wait 1 yr |
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License “surrender” =
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License “surrender” = voluntary by psychologist, often done when they know they are guilt and want to avoid the trial
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Board can only suspend/revoke if crime is WHAT
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Board can only suspend/revoke if crime is substantially related to duties as psychologist
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To conduct telepsychology sessions –
Does 30 day permit apply, and why? Main law about telemedicine consent: |
To conduct telepsychology sessions – you must be licensed in state that patient lives in
30 day permit does NOT apply b/c psychologist not coming into CA If clt has moved residence out of state then we cannot use CA license to do tx with them Main law about telemedicine: must have oral + written consent |
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“exception to privilege” =
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“exception to privilege” = when I am hired by court specifically to evaluate a clt to help with defense, because attorney is public defender
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If self-referred to EAP, only thing not confidential is WHAT and WHY?
If employer requesting “fitness evaluation”, then entitled to: (3) |
If self-referred to EAP, only thing not confidential is ATTENDANCE – because it is “on the job time/clock”
If employer requesting “fitness evaluation”, then entitled to 1. attendance, 2. employee’s fitness, 3. needed accommodations |
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Can Therapist invoke privilege after clt waives it?
Exception to privilege: |
Therapist cannot invoke privilege after clt waives it.
Exception to privilege: when you are claiming emotional damage/injury |
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Tarrasoff only applies to WHO?
The only non-patient mandated reporting is: (2) Patient’s spouse threatening mass-homicide and suicide = can breach confidentiality? |
Tarrasoff only applies to my patient – not their family, etc. The only non-patient mandated reporting is child abuse and elder abuse. Ex: patient’s spouse threatening mass-homicide and suicide = cannot breach confidentiality.
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Can therapists hold privilege?
Can they assert it on patient’s behalf? The THREE people can hold privilege: Can minor hold privilege? |
Therapists can never hold privilege – only assert it on patient’s behalf
Only THREE people can hold privilege: patient, guardian or representative Unemancipated minor 12+ yrs old being treated lawfully CAN hold privilege |
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What about attorney-client privledge?
If attorney hires us, who is the clt? Can the client can prohibit us from revealing info to the attorney? |
Therapist-patient privilege is the only thing we deal with, attorney-client privilege never applies to us
If attorney hires us the defendant is still the client. The client can prohibit us from revealing info to the attorney. |
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When using electronic records, can destroy written notes?
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YES
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minimum age in family code for medical care / sexual assault?
includes rape or attempted rape? ok to give therapy? Ok to give medical care for STDs/rape – 12+ yrs? For mental health tx – minors need to be HOW MANY yrs old? |
No minimum age in family code for medical care / sexual assault (fondling/grabbing – NOT rape or attempted rape) - NOT ok to give therapy
For STDs/rape – 12+ yrs = ok to give medical care For mental health tx – minors need to be 12+ years |
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4 timeframes re: records
A) treatment summaries w/in XX working days EXCEPT if WHAT, and then HOW MANY days? B) to inspect their records, XX days C) copy of their records, XX days |
4 timeframes re: records
A) treatment summaries w/in 10 working days EXCEPT if the complexity or length of tx record is long, then 30 calendar days B) to inspect their records, 5 working days C) copy of their records, 15 calendar days |
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CA LAW: we can refuse parent’s access to tx records of MINOR if WHAT? (2)
HIPPA: can withhold records when WHAT? Usually, when contradiction, we have to go with WHICH? In WHAT instance does CA law overrides HIPPA? |
California Law: can refuse parent’s access to tx records of MINOR if (A) negative impact on tx OR (B) negative for minor’s physical/emotional wellbeing.
HIPPA: can only withhold records when PHYSICAL safety of someone is in danger Usually, when contradiction, we have to go with HIPPA In THIS instance ONLY for minors: CA law overrides HIPPA |
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Requirements to treat minor w/o parent’s consent: (need ALL 3)
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Requirements to treat minor w/o parent’s consent: (need ALL 3)
a) Minor must be 12+ yrs old b) Must be mature enough to participate intelligently c) Must be victim of abuse/incest OR danger to self/others |
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When lawfully seeing minor w/o parent’s consent, CAN we withhold records?
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When lawfully seeing minor w/o parent’s consent, we may withhold records – in that case, the only way to give records is if minor consents to it
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If acutely suicidal after 2nd 14 day hold, then WHAT?
Only renewable hold is WHEN? |
If acutely suicidal after 2nd 14 day hold, have to let them go
Only renewable hold is when danger to others |
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Tarrasoff is WHAT kind of statute, with what consequences?
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Tarrasoff is civil statute, so civilly liable
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Can we put patients “on hold”?
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We must go through special training and be authorized to put patient “on hold” – different than doing 5150
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Duty to do WHAT? (3)
All 3 criteria must be met: 2 reports: Ewing decision: |
Duty to warn, protect and predict
All 3 criteria must be met: 1. patient communicated to therapist 2. serious threat of imminent physical violence (imminent can be a few weeks) 3. against reasonable identifiable victim(s) 2 reports: 1. make reasonable effort to warn victim(s) 2. notify police Ewing decision: Communications from family members apply |
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DO people have right to go to court to challenge holds?
72 hr hold 14 day hold |
Holds: people don’t have right to go to court to challenge 72 hr hold – only 14 day hold
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Exceptions to privlidge (7)
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Exceptions to privilege:
1. When patient is doing mental disability / injury claim 2. When clt deceased, and we are only one who knows something (where the money is buried) 3. When clt is trying to use us to commit a crime (saying they were at session as an alibi) 4. Whenever a patient sues therapist for malpractice 5. insanity defense 6. if therapist required to make a report open to public inspection 7. if patient < 16, has been victim of crime, and therapist believes disclosure in best interest of the child 8. Most of the time we are ordered by the court to bring in records |
