Florida Rules & Laws Exam, Psychology

Front 1

Which 10 violations penalty for 1st offense is: Reprimand & 1,000 to Revocation & up to 10,000?

What are the 2nd & 3rd penalties in all except 1?

Back 1

1. Maintaining a wrongful professional association (490.009f - citation for $500 if association MAY be in violation)

2. Failing to perform any statutory or legal obligation (490.009h)
(If fail to explain nature & confidentiality of eval can be mediated)

3. Paying or receiving a kickback (490.009j)

4. Negligence (490.009r)
(If arise from psych eval can be mediated)

5. Delegating professional responsibilities (490.009s)

6. Experimentation w/out informed consent (490.009q)

7. Identifying or damaging research clients (490.009v - can be mediated)

8. Exercising influence on pt or client for financial gain (456.072n)

9. Improperly interfering with an investigation (456.072r)

10. Performing or attempting to perform wrong health care services (456.072bb)

2nd = reprimand, suspension & 5,000 to revocation and up to 10,000
(except 1. = reprimand, probation & 5,000)

3rd = revocation & 10,000
(except 1 = reprimand, suspension to revocation &10,000)

Front 2

Which violation results in reprimand, probation & 1,000 to revocation and up to 10,000 on the first offense?

What are the 2nd & 3rd offenses?

Back 2

Knowingly aiding, assisting, procuring, or advising a non-licensed person (490.009g & 456.072k

2nd offense = reprimand, suspension & 5,000 to revocation and up to 10,000

3rd offense = revocation & 10,000

2nd =

Front 3

Which violation results in a penalty of reprimand, probation and 10,000?

What if it was unintentional?

What are the 2nd & 3rd penalities?

Back 3

Making misleading, deceptive, untrue, or fraudulent representations (490.009l)
(If misrepresent credentials may be mediated)

IF unintentional: reprimand and a fine of 1,000 to 10,000

2nd = reprimand & suspension to revocation & 10,000
(if unintentional then reprimand & probation fine of 1,000 to 10,000)

3rd = revocation & 10,000
(if unintentional then reprimand & suspension and fine of 5,000 to 10,000)

Front 4

What 2 violations result in reprimand to revocation & 10,000 for the first offense?

What are the 2nd & 3rd offense penalities?

Back 4

1. Soliciting through fraud, intimidation, undue influence etc... (490.009m)

2. Willingly making or filing a flase report (490.009i & 456.072l)


2nd = reprimand & suspension to revocation & 10,000

3rd = revocation & 10,000

Front 5

Which 2 violations has a penalty of reprimand & probation to suspension & 10,000 fine?

2nd & 3rd penalities?

Back 5

1. False/decpetive or misleading advertising (490.009d and 46.072m)

IF unintentional then reprimand & 1,000 to probation & 5,000

2. Advertising, practicing, or attempting to practice under another name (490.009e)

2nd = SAME for #1 - for #2 is reprimand & suspension to revocation & 10,000

3rd = revocation & 10,000

Front 6

Which violation has a penalty of reprimand and a fine of 1,000 to 5,000?

2nd & 3rd?

Back 6

Failing to maintain confidence (490.009u)
(can be mediated)

2nd = reprimand to revocation & 5,000 -10,000

3rd = revocation & 10,000

Front 7

Which violation has a penalty of reprimand to suspension & fine from 1,000 - 10,000?

2nd & 3rd?

Back 7

Failing to provide records/copies that were paid for (490.009n - can be mediated)

2nd = reprimand to suspension & fine from 5,000 to 10,000

3rd = reprimand & suspension to revocation & 10,000

Front 8

Which violation results in a penalty of 1,000 to revocation and up to 10,000?

Back 8

Violating any provisions of chapter 490 or 456 (490.009w & 456.072b)

2nd = suspend & 5,000 to revoke & up to 10,000

3rd = 10,000

Front 9

Which violation has a penalty of suspension until compliance and a fine of 1,000 to 10,000?

Back 9

Failing to respond to department w/in 30 days (490.009o)
(1st get notice of noncompliance, then citation for $500)

2nd = suspension until compliance & 5,000 to 10,000

3rd = suspension until compliance to revocation and 10,000

Front 10

Which 2 violations have a penalty of suspension and up to 10,000 to revocation?

Back 10

1. Termination from impaired pratitioner program (456.072hh)

2. Criminal conviction relating to psychology (490.009c)

2nd = SAME AS FIRST

3rd = revocation

Front 11

Which violation results in suspension followed by probation, mental & physical evaluations to revoke & 1,000 to 10,000?

Back 11

Incompetence (mental or physical impairment) (490.009p)

2nd = SAME AS FIRST

3rd = revocation

Front 12

Which violation results in suspension & probation to revocation and fine 5,000 to 10,000 for the first offense?

Back 12

Sexual misconduct or battery on a patient (490.009k)

2nd = revocation & fine 5,000 - 10,000

3rd = revocation & 10,000

applicant = permanent denial of licensure

Front 13

Which violation results in a $250 fine and suspension until compliance for the 1st offense?

Back 13

Failure to comply with continuing education for domestic violence (456.072s)

2nd = reprimand, $500 & suspension till compliance

3rd = reprimand, $1,000 and suspension till compliance

Front 14

Which violation results in an imposition of discipline that would have been imposed in Fl and up to 10,000 fine for first offense?

Back 14

License disciplined by another jurisdiction (490.009b)

2nd = SAME

3rd = revocation & fine 10,000
Applicant = permanent denail of licensure)

Front 15

Which violation results in revocation or permanent denial AND 10,000 fine for first offense?

Back 15

Attempting to obtain/renew license by bribery/fraud (490.009a)

2nd = revocation or permenant denial & 10,000

3rd = same

Front 16

Citations: What sort of penalty is imposed for failing to pay fine w/in 30 days (490.009t)

Back 16

10% of fine & cost of imposed fine

Front 17

What 3 citations result in a $500 fine?

Back 17

1. Failing to respond w/in 30 days (490.009o) (FIRST will receive a notice of noncompliance - then fine)

2. Practicing w/inactive or delinquent license under 3 months (over 3 months is 1,000 fine)

3. Maintaining professional associations with person who may be in violation of a chapter rule

Front 18

What 4 citations result in a $100 fine?

Back 18

1. Failing to display license (490.012)

2. Issue a worthless check to the board (490.009a)

3. Failure to report to board in writing after convicted of a crime (over 30 days but before 91 is $100 - 456.072w)

4. Failing to identify type of license (456.072t)

Front 19

Citations: What sort of penalty is imposed for failing to notify the board of current mailing address and place of practice after 60 days (but w/in 90)?

Back 19

$250 (if after 45 days but b/f 60 days will just receive a notice of non-compliance b/f any disciplinary action)

Front 20

What happens if you fail to provide documentaion of CE on request?

Back 20

$50 per credit hour missing (if provided) - $3,000 & reprimand if not provided

Front 21

What 3 things are considered "minor" midconduct and notice of compliance is given b/f any disciplinary action?

Back 21

1. Failing to include "licensed psych" in advertisment (490.009d & 490.012b)

2. Failing to respond w/in 30 days to written communication from dept or making available relevant records (490.009o)

3. Failing to notify current mailing address & place of practice after 45 days but b/f 60 (456.035)

Front 22

39.201 Mandatory reporting for child abuse by ________

Unless ______________

_______________

Back 22

ANY person (but certain professions must provide their name)

Unless: professional is hired for purpose of tx abused - does not have to report it again

Unless child is currently being investigated by dept and resonable cause to believe information is already known by the department

Front 23

39.201 Mandatory reporting for children
1. timing
2. if abuse is by someone other than legal guardian
3. If it occured out of state
4. If impregnation occurs to someone under 16

Back 23

1. Report must be made IMMEDIATELY to hotline (toll free #, fax, or web-based), person will deterimine if it meets statuatory definition

2. If abuse is not by legal guardian then report/call is transfered electronically to appropriate county sheriff's office

3. If it occured out of state and perp and child live out of state hotline will not accept report, they will transfer the info to the appropriate state

4. Impregnation under 16 by person 21+ - report must be made immediately to county sheriff. Does not apply to health care professional in instance where reporting would interfere with provision of medical services

Front 24

39.201 cont....

5. Involving known juvenile offender, age of offender...

6. surrended newborns

7. In case of death

Back 24

5. IF offender is under 12yr old transfer info to sherrif dept and conduce assessment and assist family w/app services (send report to Sheriff w/in 48 hours)

IF 13+ - transfer info to sheriff and send report w/in 48 hours

6. If no indication of abuse other than leaving at HOSPITAL, EMERGENCY STATION, or FIRE STATION - report will not be considered abuse or abandonment (if indicates abuse/neglect beyond being left then will be considered abuse)

7. Any suspicion death was a result of abuse must be reported to the medical examiner

Front 25

What is the reason for a CENTRAL abuse hotline (6) ?

Back 25

So the report can be given at any hour so can:
1. immediately identify & locate prior records

2. Monitor & evaluate program effectiveness

3. Track critical steps in investigation

4. Maintain statistical reports

5. serve as a resource for evaluation, planning of prevention

6. Share info w/other states

Front 26

Legigislative intent 394.453 is to evaluate, research, plan and recommend programs designed to:

Back 26

reduce the occurrence, severity, duration, and disabling aspects of mental, emotional, and behavioral disorders.

Front 27

The "Florida Mental Health Act" is also known as:

Back 27

The Baker Act

Front 28

What is "express and informed consent"?

Back 28

consent voluntarily given in writing by a competent person after sufficient explanation and disclosure is given to enable them to make a willful decision w/out force or fraud. (Over 18 yrs of age)

Front 29

What does "incapacitated: mean?

Back 29

Person has been adjudicated incapacitated and guardian has been appointent.

Front 30

A mobile service which provides an independent examination for voluntary admissions and a range of supplemental onsite services to persons with a mental illness in a residential setting such as a nursing home.

Back 30

Mental Health overlay program

Front 31

Mental illness IS NOT which of the following (pick all that apply):
a. impairment of mental or emotinal process
b. retardation
c. developmental disability
d. substance impairment
e. antisocial behavior

Back 31

Is not b) retardation, c) a developmental disability, d) substance impairment, or e) antisocial behavior


MENTAL ILLNESS IS A: impairment of mental or emotional process that exercise conscious control of one's actions or the ability to perceive or understand reality

Front 32

A "representative"
a. Signs all legal documents for the patient
b. Coordinates treatment
c. receives notice of proceedings while a patient is being held
d. all of the above

Back 32

c. is selected to receive notice of proceedings during the time a patient is held in or admitted to a receiving or treatment facility

Front 33

What are 4 exemptions from fingerprinting/screening process UNLESS tx facility is maily tx minors?

Back 33

1. Students in health care profession who are interning (where purpose of facility is NOT tx of minors)
2. Those who have less than 15 hours per week direct contact
3. volunteer who assists for less than 40 hours per month
4. teachers who have been fingerprinted in past and have not been unemployed for over 90 days

Front 34

The penalty for bringing alcohol, controlled substances, or weapons onto hospital is:

Back 34

3rd degree felony

Front 35

394.459 RIGHT TO TREATMENT

1. A person shall not be delayed at a receiving facility....

2. ________ tx be utilized

3. Every person that remains at a receiving or tx facility over 12 hours should be given _____

4. Every pt in a facility shall be afforded the opportunity to:

5. ___________ after admission each pt should have a individualized tx plan

Back 35

1. because of an inability to pay BUT every reasonaly effort to collect can be made

2. Least restrictive

3. a physical examination w/in 24 hours

4. to participate in activities designed to enhance self-image and beneficial effects of other tx

5. Not more than 5 days (they should have an opportunity to assist w/plan)

Front 36

If tx facility receives a petition for habeas corpus shall file petition _________

Back 36

on next court working day

Front 37

394.4593 Sexual misconduct means:

Penalty:

Does not apply if:

Back 37

Any sexual activity b/w employee and pt regardless of the consent of the pt

Penalty: felony of the second degree

DOES NOT APPLY IF MARRIED TO PT or has no reason to believe person is receiving services

Front 38

Someone who witnesses sexual misconduct and does not report it OR threatens person to alter report commits:

Back 38

misdemeanor of the first degree

Front 39

Psychotherapist -patient priviledge can be claimed by? (4)

Back 39

1. Patient or their attorney

2. Guardian or conservator

3. Personal representative of deceased patient

4. psychotherapist on behalf of the patient

Front 40

Privilege can NOT be claimed when? (3)

Back 40

1. communication is relevant to issues in proceedings to compel hospitalization

2. communication is made in course of court-ordered exam

3. Communication in which condition is an element of patients claim or defense

Front 41

There are 7 offenses that can be mediated. What are they?

Back 41

1. Misleading advertisements

2. Misrepresenting credentials

3. Failing to explain nature & confidentiality of evaluation


4. Failing to provide copies which were paid for

5. allegations arising from a psych eval

6. failing to maintain in confidence a communication made by pt

7. making public statements that identify or damage research subjects

Front 42

394.4597 INVOLUNTARY PT: If pt has no guardian & refuses to designate a representative then _____

In order of preference (7):

Back 42

Facility shall select a representative

1. health care surrogate (if previously selected by pt)

2. pt spouse

3. Adult child of pt

4. parent of pt

5. adult next of kin

6. appropriate local advocacy council

Front 43

Who can NOT be appointed as representative?

Back 43

Licensed professional providing services

department employee

person providing other services in professional, business, or creditor capacity

Front 44

A guardian advocate will be appointed when:

Back 44

pt is incompetent to consent to tx

(if pt has not previously selected health care surrogate selection is made in same order as representative)

Front 45

A guardian advocate is discharged when:

Back 45

pt is discharged from involuntary outpt or involuntary inpt OR changed to voluntary status

Front 46

Altering or falsifying clinical records

Back 46

misdemeanor of the second degree

Front 47

394.462 Transportation - the designated law enforcement agency may decline to transport the person only if:

Back 47

1. county contracted annually w/emergency medical transport AND

2. transport service agree that law enforcement is not necessary for safety of person or others

Front 48

394.462 Transportation - party responsible for pay for transport is _________
Can seek reimbursement in following order:

Back 48

person receiving transport

reimbursement from:
1. insurance company

2. person receiving transport

3. financial settlement to injured party

Front 49

394.463 Criteria for Involuntary examination:

Back 49

1. Person refused voluntary exam

2. person is unable to determine themself why exam is necessary AND

3. w/out care or tx person will likely suffer neglect or refuse to care for self which poses threat to well-being OR
person will likely cause serious bodily harm to self or other

Front 50

394.463 Involuntary examination - After 72 hours one of the following 3 actions must be taken:

Back 50

1. Patient shall be released (unless they are charged w/a crime)

2. Pt asked to give express and informed consent to placement as a voluntary pt and admitted as such

OR

3. A petition for involuntary placement shall be filed in the circuit court

Front 51

394.4655 9 Criteria for Involuntary outpatient placement

Back 51

1. person is 18yr or older

2. person has a mental illness

3. person is unlikely to survive safely in community w/out supervision

4. person has a hx of lack of compliance w/tx

5. person has at least 2x in 36 mo been involuntarily admitted OR engaged in or attempted
one or more acts of serious violent to self or others

6. person b/c of MI is unlikely to voluntarily participate in recommended tx

7. in view of hx and current behavior involuntary placement is necessary to prevent relapse

8. The person will benefit from involuntary outpt

AND

9. All less restrictive alternatives are inappropriate or unavailable

Front 52

394.469 Discharge of involuntary pt

Back 52

1. At time when pt no longer meets criteria administrator shall d/c the pt

or

2. transfer to voluntary status

or

3. place on convalescent status

** Notice of discharge or transfer shall be given

Front 53

394.4784 Minor access to outpatient crisis:

Back 53

Age 13+ has right to request, consent to, and receive diagnostic & evaluative services

Services shall not exceed 2 visits during any 1-week period b/f parental consent is required

Shal not include medications or somatic tx

Parent is not liable for payment unless they participate

Provision of services is on a voluntary placement

Front 54

What is "charity care"?

Back 54

family income for 12mo is equal or below 150% of current federal poverty guideline (or hosp charges exceed 25% of family income)

Front 55

490.012 violations - use of title (1a-e, 2)

Back 55

a - b. shall not hold self out as "psychologist" or "school psychologist" unless have active license

c. shall not call test "psychological" unless have valid license

d. shall not use "psychotherapy" unless have valid license

e. Shall not use title that indicates licensure unless granted to them

2. display valid license & include in advertisments (citation for $100 for not displaying license)

violation = misdemeanor

Front 56

490.014 exemptions to licensure

Back 56

1. salaried employee of gov't agency, nonprofit organization

2. student studying profession related to chapter

3. certified school psych by dept of ed working in ed

4. Not a resident of the sate and not offering services for more than 5 days a mo AND licensed in another state

5. is a rabbi, priest, minister, or member of religion and in ministerial duties

Front 57

Reapplication by person whose license has been revoked:

Back 57

1. May not apply for at least 7 years

2. Will not accept unless person has complied w/any orders from board

3. Must meet requirements that apply at time of re-application

Front 58

456.018 Penalty for theft or reproduction of an examination

Back 58

theft in part or in whole = Felony 3rd degree

Front 59

civil penalty for practicing w/out a license

criminal violations:

Back 59

citation not to exceed 5,000

criminal:
3rd degree felony - over 12 mo
min 1 yr

2nd degree felony - results in "serious bodily injury". min 1 yr

1st degree misdemeaner - up to 12 mo (500 fine and 30 days)

Front 60

What is a "fiduciary relationship"?

Back 60

relationship based on the trust and confidence of the vulnerable adult in the caregiver, relative, household member, or other person entrusted w/use or management of the property or assests of the vulnerable adult (does not require formal declaration or court order to exist)

Front 61

415.1034 Mandatory reporting of abuse (vulnerable adults) by?

Back 61

Any person (including but not limited to):

1. Physician or personnel engaged in tx of vulnerable adult

2. health professional or mental health professional

3. practitioner who relies solely on spiritual means for healing

4. nursing home staff

5. state, county or law enforcement

6. Employee of dept of business and professional regulation conducting inspections of public lodging

7. Florida advocacy council member

8. Bank, savings, loan, employee

Front 62

415.1036 Immunity for reporting abuse

Back 62

employee can not be d/c b/c of reporting neglect - if fired has civil cause for compensatory damages

Front 63

Use of title "sex therapist"

Back 63

Minimum 150 hours of education in specific area of sex therapy

Front 64

Practicing juvenile sex offender tx:

Back 64

Licensed & have coursework in child behavior & development, child psychopathology, & assessment/tx

+ 30 hours training in juvenile sex offender assessment & tx

Front 65

To practice hypnosis:

Back 65

10 hours of education