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30 Cards in this Set
- Front
- Back
The CA BOP specifies a Patient Bill of Rights which includes these 6 rights.
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-Info on your professional background
-Written info on your business practices -Limits and extent of confidentiality -Treatment plan and progress -Second opinions -Referral options and records |
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What is the licensing requirement for provision of telepsychology services?
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You must be licensed in the client's state of residence.
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Disclosure should never ________ and disclosure should only include information that _________.
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come as a surprise (patients must know limits in advance, be notified when a disclosure or breach occurs or will be made)
is necessary and sufficient (only directly relevant information) |
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According to CA law, what are the 7 categories of exceptions to confidentiality?
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- Patient consented
- Treatment emergencies (drug overdose) - Safety emergencies (DTO/DTS/GD, threat against therapist) - Quality of care measures (utilization review, critical incident review) - Treatment (between professionals providing care) - Legal order - Serious crimes by/against hospitalized patients - Employment related care (NO disclosure of dx) - Mandated reports - - |
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Privilege might apply in what types of legal proceedings?
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Hearings, Investigations, Inquiries
conducted by Court, Administrative Agencies, Arbitrators, Legislative Body |
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As a psychologist you can _____ privilege but never _____ privilege.
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Claim/evoke/assert privilege, on the patient's behalf
Hold privilege - ONLY the patient or their legal representative can hold privilege |
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I was treating a couple who are now involved in a legal proceeding, the wife has waived privilege in order for me to testify - can I?
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Nope, both parties would need to waive privilege. However, if one or both parties VOLUNTARILY disclose a significant portion of a confidential communication to a third party, privilege is waived.
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Evidence Code 1018, 1017, 1023 and 1025 apply to what?
Criminal |
Waiver of privilege for:
1018 = to commit or avoid detection of a crime 1017 = Board of Prison 1023 = insanity 1025 = competency |
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Evidence Code 1019, 1021, and 1022 apply to what?
Dead |
Waiver of privilege for:
1019 = patient is deceased and issue is relevant to surviving parties 1021 = intent of deceased patient's will/estate/etc. 1022 = validity of deceased patient's will/estate/etc. |
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Evidence Code 1016, 1020, 1026 apply to what?
Lawsuits |
Waiver of privilege for:
1016 = patient raise's their condition as an issue 1020 = breach of duty alleged 1026 = reports as part of public records |
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Evidence Codes 1024 and 1027 apply to what?
Protection |
Wiaver of privilege for:
1024 = DTO/DTS/DTP 1027 = under 16 minor crime victim |
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You have just been subpoenaed, what is the first thing you do?
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Attempt to contact patient to determine whether they want to waive or assert privilege.
If they want to waive, secure written consent. |
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Minors have a lot of treatment rights in CA, how does confidentiality work in the area of substance abuse treatment for minors?
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If the minor's parent/guardian sought substance abuse treatment for them they are entitled to information about treatment EVEN IF the minor does not consent.
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Who is considered an emancipated minor?
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Married
Military Declaration of Emancipation Also, "Self-Sufficient Minors" have expanded rights. They must be 15+, live independently, and managing their own finances. HOWEVER, the parents of a self-sufficient minor can still receive information regarding treatment WITHOUT the minor's consent. |
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As of 2011, the Health and Safety Code, allows minors to do what?
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Seek treatment without parental consent if they are 12+ and mature enough to participate intelligently.
*for residential shelter services you must make an effort to notify the parent |
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Who is liable for payment of services secured for a minor without parental consent?
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Not the parents, that's for sure.
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What treatments can minors NOT consent to?
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ECT
Psychosurgery Psychotropic meds (or methadone/LAAM) |
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Who may a minor seek drug or alcohol treatment from?
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Only a provider contracting with the state or county to offer these services - not typically a private provider - and the treatment plan must include the parent/guardian, if appropriate.
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According to CA law, treatment notes should include, at a minimum, these elements.
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-Identifying data
-Date -Service type -Time spent -Fee -Notation of MSE -General assessment of patient -Intervention |
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How do CA and APA recommendations differ with regard to records retention?
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Ca says 7 years and 7 years past the age of majority (whichever is longer).
APA says 7 years and 3 years past the age of majority (whichever is longer) |
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According to CA law, electronic records must include?
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-Offsite backup
-Signature imaging -Unalterable Hardcopies may be destroyed after electronic copies are established. |
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What is the most you can charge for copies of records?
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25 cents per page
Must be delivered within 15 days of a written request. Cannot withhold for nonpayment of fees/bills. |
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According to CA law, you may deny parents/guardians access to a minor's treatment records under what two circumstances?
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- Minor consented to treatment
- Detrimental impact |
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How do CA law and HIPAA law differ with regard to patients accessing their records?
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CA law allows you to decline access if potential harm would occur, but HIPAA only allows this in case where it would threaten the life or serious physical injury to the client or another person.
HIPAA affords more rights to the ADULT client, HIPAA prevails only with ADULT clients. |
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According to CA law, you may offer a client a treatment summary, what should it include?
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-Chief complaints and relevant history
-Findings from consultations/referrals to other providers -Diagnosis -Treatment plan and medications -Progress -Prognosis and significant ongoing problems -Reports of diagnostic procedures/tests -Discharge summary -Objective medical findings/exams |
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How many days do you have to provide records to the BOP?
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15 otherwise you will be fined $1000/day and you may be charged with unprofessional conduct.
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Tarasoff is a duty to _________________ when you have knowledge of ___________ toward _______________ from ________________
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A duty to warn, predict, protect.
A direct threat of serious harm An identifiable victim From the patient or their immediate family |
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What are the codes for post-certification holds?
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5260 - DTS - 14 days
5300 - DTO - up to 180 days 5270.15 - GD - 30 days |
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What 6 rights do involuntarily committed patient's have?
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-Own clothing
-Tolietries -Spending money -Individual storage space -Daily visitors, telephone, writing -Refuse ECT and psychsurgery |
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What 9 rights do inpatient mental health patient's have?
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-Patient advocate
-Refuse medication -Treatment -Free from unnecessary restraint/isolation/medication -Prompt care -Religious freedom -Social interactions -Physical exercise -No hazardous procedures |