Dc Psychology Law And Ethics Examination

Front 1

Conditions under which disclosure of personal notes is permitted

Back 1

Almost never. Access to personal notes is absolutely limited to the mental health professional, notwithstanding any other general provisions of disclosure. Disclosure is only indicated in litigation brought about by client against mental health professional.

Front 2

Upon disclosure of mental health info, a notation must be entered in the chart. What information should be included in the notation?

Back 2

1. Date of disclosure
2. Name of recipient of health info
3. Nature of information disclosed
4. Statement of DC Mental Health Information Act

Front 3

Under what circumstances is disclosure of health information permissable?

Back 3

1. Client authorization (must get a release of information)
2. 3rd party payors (limited)
3. To members of a treatment team in a mental health facility, pursuant to client treatment needs
4. Collection agency (limited)
5. On an emergency basis to protect the immediate safety of the patient or another individual
6.Court-related disclosures
-Court ordered exams
-Civil commitment
-Client claiming mental condition as part of defense
7. For program evaluation purposes (with the understanding that identifying info will be disguised)

Front 4

How many days from the receipt of a client's request for records do you have to respond?

Back 4

30 days

Front 5

When a client is under age 18 but beyond age 14, authorization of release of health information belongs solely to the parent. T/F

Back 5

False; disclosures in this subgroup require joint written authorization of the client AND the parent/legal guardian

Front 6

For minors less than 14 years of age, who can authorize disclosures? Minor? Parent? Either one?

Back 6

Disclosures may only be authorized by the parent/legal guardian

Front 7

Can a psychologist refuse to comply with a valid patient authorization for disclosure?

Back 7

Yes; provided the following:
1. Refusal is necessary to protect the patient from imminent psychological or physical harm
2. the information does not relate to a court-ordered or hospitalization related disclosure
3. the patient is notified in writing of the refusal, the reason for refusing, and remediation options

Front 8

Can a patient revoke an authorization of disclosure?

Back 8

Yes. Authorization can be revoked by providing a written statement to the recipient of the information and the releasing psychologist. Revocation means no further mental health info can be exchanged. However, the previously disclosed info can still be used for the originally stated purpose.

Front 9

What remediation options do patients have when a psychologist decides to limit or refuse requested disclosure of information?

Back 9

1. Designate a third-party mental health professional to conduct an independent review of record (i.e., get a 2nd opinion)
2. Bring court action against psychologist within 6 months of denial. Burden of proof is on psychologist to show that denial of release was proper.

Front 10

What information must be included on a valid client authorization of disclosure (Release of Information)

Back 10

1. Nature of info to be disclosed
2. To whom the information will be released
3. Purpose for which information can be used now and at any time in the future
4. Date
5. Patient signature

Front 11

When releasing protected information, you are covered as long as you keep a copy of the authorization in the patient's chart. T/F

Back 11

False; you must ALSO provide a copy of the authorization to the client, and send a copy along with the records that are being released. 3 copies.

Front 12

What information can be disclosed to 3rd party payers, assuming of course you have first obtained a valid patient authorization?

Back 12

Disclosure to insurance companies should be limited to:
1. Administrative info
2. Diagnostic info
3. Status of client (voluntary/involuntary)
4. Reason for admission or continuing tx
5. Prognosis, limited to the estimated time during which tx might continue

Front 13

Definition of Administrative Information

Back 13

Name
Age
Sex
Address
SSN or id#
Session date
Session tyoe (group or ind.)
Fees

Front 14

What are the procedures if a patient wants to correct or ammend the patient record?

Back 14

1.Patient must submit a written amendment within 15 days of access
2.Psychologist must either amend the record or put the amendment in the record with a statement of reasons why it is not being adopted

Front 15

What is the responsibility of the psychologist for maintaining confidentiality in group therapy?

Back 15

Notice requirement. Psychologist must provide a written statement to all clients in the group session explaining the prohibition against unauthorized disclosure.

Front 16

Psychologists are required to provide all employees with access to patient data a notice of the requirement of maintaining confidentiality. T/F

Back 16

True. Notice Requirement for Employees and agents with access to information

Front 17

Violation of mental health information statutes can result in civil but not criminal penalties. T/F

Back 17

False. There are both civil and criminal penalties.
Civil - in cases of negligence or willful violation, psychologist is liable for damages sustained by client plus attorney fees; $1,000 fine; trial by jury
Criminal - willful violation is a misdemeanor charge punishable by $1,000 fine or 60 days in jail; fraudulently obtaining records is a misdemeanor; punishable by $5,000 fine and 90 days in jail

Front 18

What should be included in a report of elder abuse?

Back 18

1. Name
2. Age
3. Physical location of elder
4. Name and location of abuser
5. Nature of abuse
6. Basis of reporter's knowledge

Front 19

A report of elder abuse must be in written form. T/F

Back 19

False. It can be oral or written.

Front 20

Reports of elder abuse should be submitted to the DC Department of Human Services. T/F

Back 20

True.

Front 21

Reports of elder abuse should be made within 48 hours. T/F

Back 21

False. Reports should be made immediately.

Front 22

What is the process of investigation following a report of elder abuse?

Back 22

The investigation process will depend on whether the elder is in immediate danger or not.
1. Immediate danger. Police investigate immediately, and APS investigates within 24 hours.
2. Normal danger. APS investigates within 10 days

Front 23

Psychologists who make a report of elder abuse may face civil and criminal liability. T/F

Back 23

False. Qualified Immunity for person reporting alleged abuse, as long as report was made in good faith.

Front 24

Psychologists must claim privilege if asked to testify in court about a patient who has been determined to be in need of adult protective services.

Back 24

False. Waiver of privilege exists in such cases. Psychologists may testify without the consent of the patient or legal representative, if the judge determines that privilege should be waived.

Front 25

4 types of reporting violations

Back 25

1) willfully failing to report ($300 fine)
2) willfully making a false report ($1000 fine)
3) willfully disclosing confidential information contained in a report ($1000 fine)
4) retaliating pursuant to a report being made ($5000 fine)

Front 26

Renewal notices are sent out by the Board ___ days prior to license expiration

Back 26

60 days

Front 27

Within how many days must you notify the board in writing of a change of address (home or business)?

Back 27

30 days

Front 28

A license is considered lapse if the holder fails to renew within ___ days of the expiration

Back 28

60 days

Front 29

What percent of supervision must be "immediate" when supervising graduate students?

Back 29

5% per month must be under immediate supervision

Front 30

What are 4 legal situations in which a psychologist can disclose confidential information without consent?

Back 30

1. evidence in criminal cases
2. to establish competency, if the accused has raised the insanity defense or if a question comes up related to sanity
3. compentency of a minor
4. Medicaid/Disability fraud

Front 31

The term of a temporary license is ____

Back 31

90 days

Front 32

All of the required 4000 practice hours must be completed under the general supervision of one of the following: a psychologist,
psychiatrist or independent clinical social worker licensed in the United States. T/F

Back 32

True.

Front 33

At least 200 hours of the postgraduate requirement must be completed under the immediate supervision of a licensed psychologist. T/F

Back 33

False. At least 100 hours must be under immediate supervision of a licensed psychologist; the other 100 can be under immediate supervision with any of the of the following: a psychologist,
psychiatrist or independent clinical social worker

Front 34

Reinstatement of license after expiration

Back 34

1.File application with Board
2.Pay reinstatement fee
3.Proof of continuing education

Front 35

Reinstatement of license after revocation

Back 35

1.One (1) year embargo
2.Pay reinstatement fee
3.Proof of continuing ed

Front 36

Expired licenses can be reinstated up to 6 years after they expire. T/F

Back 36

False. 5 years is the limit for reinstating an expired license. After that, an initial license application must be filed.

Front 37

Under what circumstances can the Board summarily suspend a license without a hearing?

Back 37

If the Mayor determines, after investigation, that the conduct of a licensee presents an imminent danger to the health and safety of the residents of the District, the Mayor may summarily suspend or restrict, without a hearing, the license to practice a health occupation.

Front 38

Cease and desist orders are final once issued. T/F

Back 38

False. The recipient of a cease and desist can request a hearing. The request must be made within 15 days.