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129 Cards in this Set

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  • Back
  • 3rd side (hint)
Which of the following is NOT a mandatory reporter for child abuse/neglect?
a) medical staff
b) spiritual healer
c) baby sitter
d) school officials
e) day care workers
f) police workers
g) judges
Answer: c) baby sitter
C
True or False? If hired to treat a child as a result of reported abuse/neglect, you are obligated to report the referred abuse again.
Answer: False
c
When reporting child abuse and the alleged perpetrator is someone is not a parental figure, to whom is the call transferred to?

a) the FBI
b) the parents
c) the State Police
d) the County Sheriff's Office
e) nobody -- stays with the central abuse hotline
Answer:
d) the County Sheriff's Office
c
True or False: If abuse occurred out of state and/or victim live out state, the central abuse hotline will not take the call for investigation.
Answer: True
The call will be referred to its appropriate state for investigation.
c
When alleged juvenile sex offender is 12 yrs or younger, the central abuse hotline will immediately:

a) transfer the call to law enforcement
b) conduct an assessment and assist family in receiving services
c) send written report to County Sheriff's Office w/in 48 hrs of call

When alleged offender is 13 yrs or older, which is NOT done?
Answer:
b) conduct an assessment and assist family in receiving services
c
True or False: A person leaving their newborn child at a hospital or fire station can be charged with abandonment.
Answer: False
As long as the infant is left in an establishment where emergency care services are given, no charges are faced.
c
True or False: When reporting suspected abuse/neglect in child deaths to the ME, the autopsy reports are confidential.
Answer: False
c
Who of the following are authorized to use the title "pschotherapist"?

a) licensed/certified psychologist
b) licensed/certified SW or MH counselor
c) licensed substance abuse counselors or DCF counselors
d) registered nurse practioner
e) one authorized to practice medicine and diagnosis and treat MH and sunstance abuse
e) all of the above
Answer: e) all of the above
As vague as it is, it is all
d
Which is NOT an appropriate example of a person who can claim privilege for a client?

a) spouse
b) client's attorney
c) client's guardian or conservator
d) personal representative if deceased
e) the psychotherapist
Answer: a) spouse
(not unless it is established that spouse is a designated role, like representative, etc.)
d
Define: Community Facility
Answer: Any community service provider contrating with the department to furnice substance or mental health services.
e
Define: Community Mental Health Center/Clinic
Answer: A publicly funded, non-for-profit center which contract with the department for provisions of inpatient, outpatient, day treatment, or emergency services.
e
Define: Department
Answer: Department of Children & Family Services (DCFS)
e
Define: Mental Health Overlay Program
Answer: Mobile service, provides independent examination for voluntary admission. Also can give on-site MH services at nursing homes, assisted living facilities and other settings.
e
Which of the following is an example of "mental illness"?

a) antisocial behavior
b) mental retardation
c) substance abuse
d) depression
e) all of the above
Answer: d) depression
e
Define: Receiving Facility
Answer: Public or Private facility designated by DCFS to receive and hold involuntary patients under emergency conditions or for psych evals to provide short-term Tx. Does NOT include the county jail.
e
Define: Secretary
Answer: Secretary of DCFS
e
Responsibilities of the Department (DCFS):

a) Planning, evaluating, implementing, a complete and comprehensive statewide program of MH
b) coordinating efforts with other departments and divisions of the state government, county, and private agencies to provide MH services
c) establishing standards, giving technical assistance, and supervision of MH programs
d) publishing and distributing information handbooks on responsibilities
e) all of the above
Answer: e) all of the above
e
For how long do the contracts last between outside companies and treating facilities with regard to Baker Act funds?

a) 1 year
b) 2 years
c) 3 years
d) 4 years
e) there are no contracts; the money is funded through the state
Answer: c) 3 years
e
True or False: The Department (DCFS) is able to accept monetary gifts.
Answer: True
Any funds received will be deposited in the State Treasury and disbursed as provided by the law.
e
All Mental Health Personnel (including volunteers) must be screened if working with which of the following population?

a) children
b) unmarried patients under the age of 18 yrs
c) mentally challenged patients
d) sex offenders
e) all patients
Answer:
b) unmarried patients under the age of 18 yrs
e
Who of the following needs to be fingerprinted?

a) a teacher who has not been employed in over 90 days
b) an intern who is being supervised
c) a mental health personnel working less than 15 hrs of direct patient contact a week and is not treating minors
d) a volunteer working less than 40 hrs a month and is being supervised
e) they all need to be fingerprinted
Answer:
a) a teacher who has not been employed in over 90 days
e
Define: Client Manager
Answer: An employee of the Department (DCFS) who is assigned to specific provider agencies and geographic areas to ensure that the range of needed services is available to clients.
e
Define: Continuity of Care Management System
Answer: A system that assures, within available resources, that clients have access to the full array of services within the MH services delivery system.
e
Define: Mental Health Resident
Answer: An individual who receives SSDI or supplemental security income due to a mental disorder.
e
Which of the following is NOT a service received of a Mental Health Resident?

a) a cooperative agreement is made with Medicaid for prepaid MH services and assisted living facilities
b) assigned a MH case manager and one w/ limited MH license who also live at the assisted living facility
c) support plan developed, reviewed, and updated monthly
d) all of the above are services received by the Mental Health Resident
Answer:
c) support plan developed, reviewed, and updated monthly

The support plan “must be updated at least annually.”
e
After admission on in an inpatient treatment facility, how long does the treating provider have before the individual treatment plan must be completed in writing?

a) 24 hrs
b) 48 hrs
c) 72 hrs
d) 5 days
e) by discharge
Answer: d) 5 days
The patient has the right to assist in preparing and reviewing the plan before it is implemented.
e
Define: Habeas Corpus
Answer: Any person held in a treatment facility can file a petition to the circuit court in the county, stating s/he is being unjustly held. The petition can also be put in by someone in his behalf. The administrator of the treatment facility must file the petition with the court on the next working day.
e
Where does the Department (DCFS) report violations of the rights or privileges of patients or procedures within treatment facilities?

a) State Department of Health
b) County Sheriff Office
c) Agency for Health Care Administration
d) they handle violations internally
Answer:
c) Agency for Health Care Administration
e
True or False: A provider who is legally married to the patient will not be prosecuted for sexual misconduct.
Answer: True (go figure that one out)
e
If an employment witnesses sexual misconduct, which of the following does the employee NOT have to do?

a) call the DCFS central abuse hotline
b) call the local law enforcement agency
c) submit a signed and dated report on the incident to supervisor/program director
d) submit a signed and dated report on the incident to the DCFS inspector general
Answer:
d) submit a signed and dated report on the incident to the DCFS inspector general

This action is completed by the supervisor or program director. The inspector general then begins an investigation.
e
Failure to report sexual misconduct or reporting inaccurate, incomplete or untrue information regarding sexual misconduct are committing a:

a) felony
b) misdemeanor
c) petty crime
d) it’s not your job to report
Answer: b) misdemeanor
e
Which of the following CANNOT be a representative for an involuntary patient?

a) patient’s spouse
b) patient’s adult child
c) patient’s parent
d) patient’s adult next of kin
e) patient’s adult friend
f) patient’s stock broker
g) Florida local guardian advocate
Answer: f) patient’s stock broker

There is a conflict of interest, as this person as a business arrangement with the patient.
e
True or False: Guardian Advocates are assigned to involuntary patients for a period of 72 hrs, at which time their status is reassessed for possible extension of services.
Answer: False

The advocate is discharged when the patient’s status is changed from involuntary to voluntary.
e
When are patient records released?

a) when requested by patient’s lawyer and needed for representation
b) when court ordered and would be in patient’s best interest for disclosure
c) when guardian advocate authorizes release
d) when patient is involved with charges investigated by DCFS and Department of Corrections
e) all of the above
Answer: e) all of the above
e
A law enforcement agency may decline transfer of a patient to a receiving treatment facility only if:

a) the county has contracted annually with an emergency medical transport service to handle the transfer
b) it has been established that law enforcement personnel are not necessary for the safety of the patient or others
c) the county may seek reimbursement for the transfer, for which the patient is responsible for paying
d) the law enforcement agency cannot decline transfer, and cannot seek reimbursement for services
e) a,b, and c, but not d
Answer:
e) a,b, and c, but not d
e
Which of the following is NOT correct about contracted medical transport companies?

a) they must be insures and provide no less than $50,000 in liability insurance
b) they must comply with the rules of DCFS
c) in rural areas, exceptions may be made to transport court-related involuntary placements
d) they are all correct
Answer:
a) they must be insures and provide no less than $50,000 in liability insurance

They must have no less than $100,000 in liability insurance per patient transfer
e
Which of the following is NOT true about inpatient admissions?

a) treatment facilities may not conduct a voluntary admission on patients ruled adjudicated incapacitated unless the condition is lifted; if it is not lifted, the patient will be d/c’ed or admitted involuntarily
b) patients 17 yrs and older can provide express and informed consent for admission
c) a patient who is unwilling/unable to provide informed consent for treatment either be d/c’ed or admitted involuntarily
d) all are true
Answer:
b) patients 17 yrs and older can provide express and informed consent for admission
e
A patient on involuntary status can apply to change to voluntary status on the ward. If circumstances are right, this can be granted immediately. What circumstances would deny the request?

a) the patient has been charged with a crime
b) the placement is involuntary and court-mandated
c) the patient continues to meet criteria by the hospital for involuntary status
d) all of the above
Answer: d) all of the above
e
Who of the following may NOT complete involuntary examinations?
a) marriage counselors
b) law enforcement officers
c) court
d) psychiatric nurses
e) all may complete examinations
Answer:
e) all may complete examinations
e
A court may enter an ex parte order, stating that a person meets criteria for involuntary examination. A law enforcement officer acting in accordance with an ex parte order may:

a) use reasonable force to gain entry to any buildings/structures
b) take custody of the subject
c) transfer the subject
d) all of the above
e) b and c, but not a
Answer:
d) all of the above
e
Following 72-hrs of involuntary inpatient status, which is NOT a possible scenario?

a) a petition may be filed to lengthen involuntary status if a crime is committed
b) a petition may be filed to lengthen involuntary inpatient care if deemed necessary
c) a petition may be filed for involuntary outpatient treatment
d) the patient may be referred for voluntary, outpatient care
e) all are possible scenarios
Answer:
a) a petition may be filed to lengthen involuntary status if a crime is committed
e
Yes or No: John Doe is an 18 y/o Dx w/ ODD 3 yrs ago. He goes to Tx weekly since he was 15 at the insistence of his parents who feels helpless and fearful of his violent behaviors. Last week, he was arrested for assaulting his girlfriend. Does he meet criteria for involuntary outpatient placement of treatment?
Answer: No. You would think yes, but he is consistent with Tx, even though that is his parents taking him, which makes is tricky. Everything else fits:
-Age 18+
-Patient has Mental Illness
-PINS
-poor compliance w/ Tx
-in past 36 mos involuntary admit, forensic or correctional facility, OR engaged in serious violent behaviors or bodily harm toward self or others
e
Following involuntary inpatient status, the treatment team has decided to recommend involuntary outpatient treatment. Normally, the first recommendation would be written by the psychiatrist, followed by the clinical psychologist. However, this town has a population of only 30,000 people and not enough treatment providers. The initial recommendation was written be the psychiatrist. Who wrote the second opinion?

a) licensed mental health counselor
b) licensed nurse practitioner
c) licensed physician with training in MH Dx and Tx
d) another psychiatrist
e) a second opinion is waived for populations smaller than 50,000
Answer:
c) licensed physician with training in MH Dx and Tx
e
Which of the following are legitimate reasons in which a court may NOT order the department or the service provider to provide treatment to patients on involuntary status for outpatient services?

a) selected program/service is not available in patient’s local community
b) no space available in the program/ service for the patient
c) funding is not available in the selected program/service
d) all of above
e) none of above; accommodations must be made and services found for patients on involuntary status for outpatient services
Answer: d) all of above
e
True or False: A patient is currently on involuntary status for outpatient services. He expressed in group today that he “can’t take it anymore.” You assessed him individually after the group and determined he is at risk and needs to be hospitalized, but he is unwilling to cooperate and doesn’t want to go. It appears he will need an involuntary examination at a receiving facility. From there he will likely be held for 72 hrs for and involuntary assessment.
Answer: False: the court may order the patient for involuntary assessment for a period of 5 days
e
True or False: A treatment facility administrator may refuse admission to any involuntary patient who is not accompanied with appropriate orders and documentation.
Answer: True
e
True or False: When a patient or advocate requests a transfer to another treatment facility, the administrator has one working day to respond to the request.
Answer: False
It is 2 working days.
e
At what age can a person request and consent to, and receive mental health services in the state of Florida?

a) 13
b) 15
c) 17
d) 18
Answer: a) 13

The child shall not be treated more than twice in any 1-week period in response to a crisis situation before parental consent is required for additional treatment. No fees can be collected for this.
e
At what age can a child be admitted onto a mental health unit with adult patients?

a) 13
b) 14
c) 15
d) 16
e) 17
Answer: b) 14
e
Define: Acute Mental Health Services
Answer: mental health services provided through inpatient hospitalization
e
Define: Agency
Answer: Agency for Health Care Administration
e
Define: Indigent
Answer: an individual whose financial status would qualify him/her for charity care
e
Define: PMATF
Answer: Public Medical Assistance Trust Fund. A hospital shall not be entitled to receive more in any one fiscal year than that hospital contributed to the PMATF during the previous fiscal year.
e
Define: Exploitation
Answer: When a person in a position of trust with a vulnerable adult knowingly deceives or intimidates the adult to gain control over the funds, assets or property so the adult will not benefit. Or, when a person knows the adult lacks the ability to consent and takes control of the above.
f
Define: Fiduciary Relationship
Answer: A relationship based on the trusted of the vulnerable adult in the caregiver where there is special confidence and good faith. An informal agreement between the two does not require formal court orders.
f
Define: Protective Services
Answer: Services to protect vulnerable adults from further occurrences of abuse, neglect, or exploitation. Such services include protective supervision, placement, in-home, community-based services and more.
f
Define: Vulnerable Adult
Answer: A person 18+ whose ability to perform daily living functions is impaired due to mental, emotional, long-term physical, or developmental disability or brain damage, or due to aging.
f
Which of the following is NOT a mandatory reporter for abuse, neglect or exploitation of a vulnerable adult?

a) chiropractor
b) spiritual healer
c) credit union officer
d) Florida advocacy council member
e) all are mandatory reporters
Answer: e) all are mandatory reporters
f
How soon after the initial report is made will the designative protective investigative staff of DCFS complete the investigation and notify the vulnerable adult’s guardian of the results?

a) NLT 15 days
b) NLT 30 days
c) NLT 45 days
d) NLT 60 days
e) 6-8 weeks depending on the severity of the allegations
Answer: d) NLT 60 days
f
True or False: Privileged communication does not apply to any situation involving known or suspected abuse, neglect or exploitation of a vulnerable adult.
Answer: True
f
True of False: In order to receive protective services or protective supervision, including in-home services and community care for disabled adults, the vulnerable adult MUST give consent for care.
Answer: True. If any point the vulnerable adult withdraws consent, the services may not be provided.
f
Who is a non-emergency protective services petition for?

a) a vulnerable adult who may being exploited, and immediate danger has been ruled out
b) a vulnerable adult in need protective services who lacks the capacity to consent
c) a vulnerable adult who has consented to services and is being denied services by a caregiver
d) there is no such thing as a non-emergency protective services petition; all cases are treated as urgent and emergent.
Answer:
b) a vulnerable adult in need protective services who lacks the capacity to consent
f
True of False: Caregivers or guardians may be placed by DCFS for protective services or protective supervision for vulnerable adults.
Answer: True: As well as they consent, and as long as appropriate care is provided. If either changes DCFS may provide emergency protective services.
f
Define: Multidisciplinary Adult Protection Team
Answer: Team of 2 or more trained in the prevention, id, and Tx of abuse of elderly or dependent persons and are qualified to provide a wide range of related services. Include: mental health, law enforcement, medical personnel, and public guardians.
f
A person who makes a deliberate, false report of abuse, neglect or exploitation on a vulnerable adult is committing:

a) a petty crime
b) a misdemeanor
c) a felony
d) there are no criminal penalties; all reports are investigated, although warnings are given for false reports
Answer: c) a felony
Willfully making a false report, or advising another person to making a false report is a felony. The perpetrator may also have to pay up to $10,000 in a fine by DCFS (per false report). Their hearing is not confidential. People who do so are often driven to do so to gain custody of the vulnerable adult and have better asset to funds, property, etc.
f
True or False: In a civil action in which a person is 65+, a motion may be made to advance the trial on the docket
Answer: True
f
Define: Consumer Member
Answer: A person to serve on a specific board, who is not a member of the profession regulated by that board
g
Define: Licensee
Answer: Any person issued a permit, registration, certificate, or license, including a provisional license, by the department
g
Which of the following is NOT a power or duty of the department for professionals under its jurisdiction?

a) develop a training program for persons newly appointed to membership on any board
b) set an examination fee that includes all costs for licensing exam
c) determine denial or suspension of license resulting from the discharge of its duties
d) appoint the executive director of each board, subject to the approval of each board
Answer: c) determine denial or suspension of license resulting from the discharge of its duties

Such actions are determined through the Board of Psychology, not the Department.
g
Each board member shall be accountable to the ¬__________ for proper performance of duties as a member of the board:

a) Executive Director of the Board
b) Mayor
c) Governor
d) Secretary of the Department
Answer: c) Governor

The Governor may suspend from office any board member for malfeasance, misfeasance, neglect of duty, drunkenness, felony, permanent inability to perform official duties.
g
True or False: The department shall provide board counsel for boards within the department by contracting with the Department of Legal Affairs. The primary responsibility of board counsel shall be to protect the professional integrity of its members during any investigation.
Answer: False

The primary responsibility of board counsel is to represent the interest of the citizens of the state.
g
Who may challenge any rule or proposed rule of a board, and may declare all or part of a rule invalid?

a) Executive Director of the Board
b) Mayor
c) Governor
d) Secretary of the Department
Answer: d) Secretary of the Department

If the rule does not protect the public, restricts services, or increases cost without benefit to the public, rule is denied.
g
An applicant who is under investigation or prosecution must wait how long after the investigation or prosecution is completed before his/her licensure application will be considered for acceptance or denied?

a) 7 days
b) 15 days
c) 30 days
d) it is on a case-by-case determination
Answer: b) 15 days
g
True of False: Videocassette courses may be used for CEU requirements.
Answer: True: Not to exceed 5 hours per subject. Need prior approval from the board or department, receive a videocassette course validation form to be signed be the vendor and licensee that is sent back with other CEU documents.
g
True or False: Pro bono work counts toward CEU.
Answer: True: Up to 25% of you CEU credits can be met serving an underserved population as long as it is previously approved.
g
True or False: Excluding protected private information (medical, transcripts, etc.), any information required to the department is open to public inspection.
Answer: True
g
Which of the following is NOT true about limited licenses?

a) application fee must not exceed $300 and may be waived if the licensee is not going to be paid for services
b) licensee must be retired, retiring, and have practiced at least 10 years in any jurisdiction of the U.S.
c) licensee may treat any population chosen, provided s/he possesses necessary training and certification
d) limited licensure may be denied to any person under investigation
Answer: c) licensee may treat any population chosen, provided s/he possesses necessary training and certification

A limited licensee may provide services only to the indigent, underserved, or critical need populations within the state.
g
Which of the following is NOT considered when setting renewal fees?

a) fees shall be reasonable, fair, and not serve as a barrier to licensure
b) fees shall not be more than 10% greater than the actual cost to regulate that profession for the previous biennium
c) fees shall be adequate to cover all expenses relating to that board identified in the department’s long-range policy plan
d) fees shall be similar to fees imposed on similar licensure types
e) all of the above are considered
Answer:
e) all of the above are considered
g
What happens if a board greatly misjudges licensing fees and has insufficient funds to maintain a reasonable budget? Chose the best answer.

a) the fee is increased significantly the following year
b) activities are cut for the current year
c) if the situation is not rectified within one year, the department shall set license fees to cover anticipated costs and maintain the budget for up to years. The board may be responsible to pay back interest.
d) the board hires an accountant to manage their funds and budgeting
Answer:
c) if the situation is not rectified within one year, the department shall set license fees to cover anticipated costs and maintain the budget for up to years. The board may be responsible to pay back interest.
g
How much does a licensee’s wall certificate cost?

a) $10
b) $25
c) $50
d) $75
Answer: b) $25
g
True or False: Each board or the department may collect a “one-time” fee from each active and inactive licensee to off-set budget deficits or maintain the budget.
Answer: True: This can actually be done as often as every four years without specific legislative authorization.
g
How much is the fee for somebody seeking to provide CE courses or programs?

a) not to exceed $150
b) not to exceed $200
c) not to exceed $250
d) not to exceed $300
Answer:
c) not to exceed $250
g
The department prepares and submits an annual report concerning finances, administrative complaints, disciplinary actions, and recommendations. To where does it get submitted?

a) Executive Directors of the Boards
b) President of the Senate
c) Speaker of the House of Representatives
d) all of the above
e) b and c, but not a
Answer:
e) b and c, but not a
g
True or False: A 2-hour CE course on domestic violence is required every biennial for relicensure or recertification.
Answer: False: It is required every third biennial relicensure or recertification.
g
True or False: A mandatory CE course on HIV and AIDS is required before your first licensure renewal.
Answer: True
g
At the time of licensure renewal, which of the following is NOT a status choice given?

a) active
b) limited
c) inactive
d) retired
Answer: b) limited
g
True or False: A licensee can only change status (active/inactive/retired) at time of renewal.
Answer: False: status can be changed at any time, yet if it is done outside of the time of renewal, a change-of-status fee will be charged as well as the retired fee, if retiring (not to exceed $50). If going inactive to active, must pay renewal fee and change-of-status.
For and active to change status not during renewal, may be charged up to the cost of biennial renewal fee.
g
After how long after being on inactive status will a licensee have to sit for examination or complete other reactivation requirements to go back on active status?

a) after one year inactive
b) after one biennial cycle inactive
c) after two consecutive biennial cycles inactive
d) after three consecutive biennial cycles inactive
Answer:
c) after two consecutive biennial cycles inactive
g
Each person much update any changes to personal mailing address and place of practice within 45 days. Failure to comply is grounds for disciplinary action. The department may deny a license to a new applicant. A licensee may be fined:

a) up to $10 for each day the licensee is not in compliance
b) up to $50 for each day the licensee is not in compliance
c) up to the biennial fee
d) up to $5,000
Answer: b) up to $50 for each day the licensee is not in compliance
g
Which of the following is NOT correct with regards to information that must be submitted for background checks:

a) information regarding publications in peer-reviewed medical literature within the previous 5 years
b) information regarding professional or community service activities or awards
c) languages, other than English, used primarily by the applicant to communicate with patients
d) participation in the Medicaid program
Answer: a) information regarding publications in peer-reviewed medical literature within the previous 5 years

The review goes back to the previous 10 years.
g
True or False: It is the intent of the Legislature to reduce the costs associated with state examinations and to encourage the use of national examinations whenever possible
Answer: True
g
True or False: Any applicant who fails any exam for the department may review their failed items and receive the graded key for the questions.
Answer: False: This excludes the national exam. Also, the applicant must have failed by 10% or more from the minimum needed passing grade to receive the list of failed items, and may have to pay a fee for the service.
g
Which of the following would situations would deem the below foreign-trained professional illegible for examination?

a) lawfully practiced the profession for at least 3 years
b) immigrated to the U.S. from Iran because of political reasons
c) graduated with appropriate professional or occupational degree from a college of university
d) Florida resident
e) none of the above; this professional appears eligible for examination
Answer:
b) immigrated to the U.S. from Iran because of political reasons
g
Chose the following statements, which must be included by the department in each practitioner’s profile:

a) the criminal history information, if any exists, may be incomplete; federal criminal history information is not available to the public
b) the criminal history information, if any exists, must be submitted in its entirety to the department yet will be protected; federal criminal history information is not available to the public
c) the criminal history information, if any exists, must be submitted in its entirety to the department; federal criminal history information is available to the public is not protected
d) none of the above pertain
Answer:
a) the criminal history information, if any exists, may be incomplete; federal criminal history information is not available to the public
g
After receiving new information, how quickly does the department update a practitioner’s profile?

a) 7 calendar days
b) 15 calendar days
c) 30 calendar days
d) 60 calendar days
Answer: c) 30 calendar days
g
True or False: The practitioner has a 30-day period to review, verify and make changes to the profile. After 30-days, the department makes the profile available to the public on the World Wide Web. If the practitioner takes longer than 30 days, s/he is subject to a fine that shall not exceed $50 per day for failure to verify the profile contents within the time provided.
Answer: False: All is true except the fine. The practitioner is fined up to $100 per day.
g
A practitioner must submit updates of required information within __ days after the final activity that renders such information a fact.

a) 7 days
b) 15 days
c) 30 days
d) 60 days
Answer: b) 15 days
g
Which of the following health care practitioners is NOT exempt from needing medical malpractice insurance?

a) a dentist who works for the VA
b) a volunteer at a private hospital
c) a person practicing under a limited license
d) a midwife working in the county hospital
Answer:
d) a midwife working in the county hospital
g
Define: Comprehensive Rehabilitation Services
Answer: Services that are provided by health care professional licenses to provide speech, occupational, or physical therapy on an outpatient or ambulatory basis.
g
Define: Entity
Answer: Any individual, partnership, firm, corporation, or other business entity.
g
Define: Investment Interest
Answer: An equity or debt security issued by an entity, including, without limitation, shares of stock in a corporation, units or other interests in a partnership, bonds, debentures, notes, or other equity interests or debt instruments.
g
Define: Rural Area
Answer: A county with a population density of no greater than 100 persons per square mile, as defined by the U.S. Census.
g
True or False: The group or sole provider may accept no more than 15% of their patients receiving diagnostic imaging services from outside referrals, excluding radiation therapy services. If a group practice or sole provider exceeds this percentage, they shall be subject to penalties.
Answer: True
g
Any health care provider or other entity that enters into an arrangement or scheme, such as a cross-referral arrangement, which the physician or entity knows or should know has a principal purpose of assuring referrals by the physician to the entity in violation, shall be subject to a:

a) criminal penalty of not more than $100,000 and charge of misdemeanor
b) civil penalty of not more than $100,000
c) criminal penalty of not more than $250,000 and a charge of felony
d) civil penalty of not more than $250,000
Answer:
b) civil penalty of not more than $100,000
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Define: Kickback
Answer: A remuneration or payment, by or on behalf of a provider of health care services, to any person as an incentive or inducement to refer patients for past or future services, when the payment is not tax deductible as an ordinary and necessary expense. This is prohibited and punishable.
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True or False: A physician may refuse to treat a Medicare beneficiary.
Answer: True: However, in an emergency medical situation, a physician must treat any patient, regardless of the ability to pay.
g
A patient has agreed to release his records. For which of the following situations does he need a written authorization for the release?

a) when any person, firm, or corporation has procured an examination or treatment with the patient’s consent
b) when patient requesting mental health treatment provider to speak to family members regarding patient’s care
c) when compulsory physical examination is made pursuant to Florida Rules of Civil Procedure, in which case copies of the medical records shall be furnished to both the defendant and the plaintiff.
d) for statistical and scientific research, provided the information is abstracted to protect the identity of the patient
e) to a regional poison control center for purposes of treating poison episode under evaluation, case management of poison cases, or compliance with data collection and reporting requirements of poison centers in accordance of federal law
Answer:
b) when patient requesting mental health treatment provider to speak to family members regarding patient’s care
g
True or False: Violations in records are not to exceed $500 in fines per violation.
Answer: False: Fines are not to exceed $5,000 per record violation.
g
After the death, termination or relocation of a practitioner, for how long must the practitioner’s patient records be retained?

a) at least 1 year
b) at least 2 years
c) at least 5 years
d) at least 7 years
Answer: b) at least 2 years
g
True or False: A mental health provider has a duty to warn potential victims when a patient discloses clear plan and intent to harm an identified person or persons.
Answer: False: The provider does not have a duty to warn, yet may warn, breaking confidentiality in such situations without facing civil or criminal penalty.
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True or False: If an HIV+ patient fails to inform his/her sexual partners and/or needle sharing partners or his/her health status, physicians may do so.
Answer: True: This can be within the protocols developed by the Department of Health. However, there are no civil or criminal liabilities for physicians who chose not to disclose to patient’s sexual partners or needle sharing partners.
g
What is the penalty for practicing medicine without a valid license in the state if FL?

a) unlicensed person issued notice to cease practice and cited with violation; each day of continued practice following citation is considered separate violation
b) department may seek civil penalty through the circuit for any violation; fines are $500-$5,000 per offense
c) if harm has been done to a patient, a fine of $1,000 and a minimum of 1 year sentence incarceration
d) all of the above
Answer: d) all of the above
g
What is the penalty for providing false information when applying for or obtaining a license?

a) a fine up to $5,000
b) misdemeanor
c) felony
d) incarceration
Answer: c) felony
g
Which of the following is NOT a power of the department?

a) to inspect, at any hour, pharmacies or any establishment at which a licensee is authorized to prescribe controlled substances
b) to administer oaths
c) to issue and serve subpoenas
d) to take depositions
e) all are powers of the department
Answer:
e) all are powers of the department
g
Which of the following is a possible penalty for a provider found guilty of a charge by the department?

a) letter of reprimand
b) probation, of which conditions are set by the board or department
c) provider submits to reexamination and works under supervision
d) in case of fraud, a find of $10,000 per offense
e) all of the above
Answer: e) all of the above
g
True or False: If a provider has his/her license revoked, the revocation is permanent.
Answer: True: However, the board establishes rule requirements for reapplication for an initial license under current license requirements.
g
True or False: The department cannot conduct an investigation without first notifying the subject under investigating.
Answer: False: In criminal offenses, the department may conduct an investigation without notifying the subject.
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How quickly must the department complete its report of initial investigative findings and recommendations concerning the existence of probable cause?

a) within 30 days after its receipt of the complaint
b) within 60 days after its receipt of the complaint
c) within 90 days after its receipt of the complaint
d) within 6 months after its receipt of the complaint
e) within 1 year after its receipt of the complaint
Answer:
d) within 6 months after its receipt of the complaint
g
When a complaint is received and a licensee is identified in violation, how quickly must a licensee respond with corrective action?

a) 7 days
b) 15 days
c) 30 days
d) 60 days
Answer: b) 15 days
g
True or False: A person who files a disciplinary complaint has the right to present oral or written communication to the department relating to the alleged disciplinary violations or to the appropriate penalty.
Answer: True
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True or False: All information gathered during an investigation due to a complaint shall remain confidential.
Answer: False: The information is confidential until 10 days after probable cause is found or until the subject of the investigation waives his/her privilege of confidentiality.
g
After receiving his/her probable cause investigative file to review from the department, the subject has how long to respond?

a) 10 days
b) 15 days
c) 20 days
d) 30 days
Answer: c) 20 days
g
What is the statute of limitations on an administrative complaint?

a) 1 year
b) 3 years
c) 5 years
d) 6 years
Answer: d) 6 years
The statute of limitations is 12 years for criminal complains.
g
Which of the following are reasons for immediate suspension of license?

a) failure to pay student loans
b) positive drug test, without legitimate prescription for the drug
c) a physician in violation of provisions with three or more patients, and the board finds probable cause of an additional violation
d) any licensee who pleads guilty, nolo contendere, is convicted or found guilty
e) all of the above
Answer: e) all of the above
g
True of False: When an impaired provider is assigned a consultant and put through treatment for rehabilitation, such treatment is confidential.
Answer: False: The treatment provider shall disclose to the consultant all information regarding the issue the licensee’s impairment and participation in the treatment program. Failure to provide such information is grounds for withdrawal of approval of such program or provider.
g
A citation is for a violation for which there is not substantial threat to the public health, safety, and welfare. Within how much time after filing of a compliant much a citation be issued?

a) 30 days
b) 60 days
c) 90 days
d) 6 months
Answer: d) 6 months
g
After being served a citation, a person has __ days to respond and dispute it. After this time period, the citation becomes a public final order and does not constitute discipline for a first offense, bur for a second or subsequent offense.

a) 15 days
b) 30 days
c) 45 days
d) 60 days
Answer: b) 30 days
g
True or False: A licensee cannot go through the mediation process more than three times without approval of the department. A successful mediation shall not constitute discipline, even from an adverse incident. If, after 60 days after mediation, the subject and complainant cannot meet terms, the department will process the complaint.
Answer: True
g
True of False: Two or more incidents of medical malpractice are considered “Repeated Medical Malpractice.”
Answer: False: Three or more incidents constitute Repeated Medical Malpractice.
g