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330 Cards in this Set
- Front
- Back
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Areas of competency?
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Education, training, or supervision.
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Client?
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individual or entity receiving psych services (can include supervisees) - guardians/organizations, etc.
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CE's for what purposes?
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develop, enhance skills, enhance services to the public
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CE hour?
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60 minutes, 1/2 hr increments to nearest 1/2 hr or full hour
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Informed written consent?
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authorizes psych to engage - directly affects - has been told of and understands authorized activity
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dual relationships?
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both professional and: cohabitational, familial, supervisory, significant personal or financial (other than legitimate payment for psych services rendered)
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Family?
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spouse, parent, offspring, siblings
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fields of practice?
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broad areas: clinical, counseling, education, industrial, organizational, school psychology
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private info?
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ANY info revealed during prof relationship
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sponsors may charge fees?
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yes
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test:
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any measures, evaluations, descriptions
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What is the difference between a variance and waiver?
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Variances - compliance in a different manner than ruling
Waivers: board permission not to comply with ruling or regulation |
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Licensure is divided into how many parts and what are they?
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Two parts - one for exams and one for admission to licensure
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Exam notification of admittance days:
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Before 1991 - 40 days
After 1991: 60 days |
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After denial of admission to exam?
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New application and new fee
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How much post degree supervised employment for licensure as psychologist?
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two years supervised employment with endorsement
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Application process for psych practitioners?
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Application for exam and licensure must be filed at same time
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Areas of competence (LPs and practitioners)?
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Not counted toward employment requirement
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Adding competence?
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Submit written notarized statements to the board
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Denials?
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New app and new fee
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Psychologists must receive doctoral degrees from ______ institutions.
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Regionally accredited
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What is a licensed psychologist by waiver?
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Masters degree from accredited institution and have major in psychology - same education as psychological practitioners
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Psych practitioners before 7/1/91?
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psych major, educational psychology major, child psychology major, counseling major, industrial major....
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If psych practitioners do not have psych major before 7/1/91?
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dissertations must be psychological, experimental (case study okay), 2/3rds of the credits must be predominately psychological in nature.
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Educational requirements for psych practitioners after 6/30/91?
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Organized sequence of study:
scientific theories of measurement biological cognitive social personality ethics 6 credits: problem identification, assessment evaluation, data collection 6 credits: problem solution 2k supervised experience by licensed supervisors |
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Psych practitioners? Reports?
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Cosigned
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Psych practitioners - how many hrs of supervision during clinical experience?
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Fulltime - 2 hrs/week face to face
Less than 30 hrs/week: 1 1/2 Less than 20 hrs/week: 1 hour/week At least one hr/week by designated supervisor |
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For psych practitioners:
Experience must be completed within _____ in not more than ____ settings. |
24 mos; 3 settings
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For psych practitioners:
At least ____ hrs/week and no ___ than ___ of total hrs in each setting. |
20 hrs/week; less; 1/3
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Can you duplicate courses?
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No
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Psych practitioners: how can they get core area course credits?
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By passing a core area exam equivalent
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After 6/30/91 - How can psych practitioners correct educational deficiencies?
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By completing no more than 2 core area courses and all or part of experience provided that it is corrected within 1 year.
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Institution must be _____ at time of degree.
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Accredited
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What other country is allowed?
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Canada
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How can another country qualify?
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At least 2 board members, must be charted, authorized, and monitored by goverment/equivalent. Must be recognized for at least 10 years.
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Translation costs?
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Applicant
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Does the board regulate other professions?
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No
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Burden of proof always goes to the _____?
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Applicant
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LPs/Professional employment?
Can be voluntary? |
Yes
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Independent practice allowed before licensure?
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No
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Do all activities count for the LP professional experience?
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Yes
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Can supervision responsibility transfer during professional experience?
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No
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Do practica hours count as internship hours?
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No
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Assuming individual meets educational requirements and receives degree - can the ensuing hours be counted for professional experience?
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Yes - endorsed by responsible/administrative/academic professional
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Professional experience for LPs - Time requirements?
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24 mos of full time employment or parttime equivalents - under supervision
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LP/Professional Experience - do holidays/vacations count?
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If regularly scheduled, yes. They're considered as days worked.
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How many hours of Professional experience is required for LPs?
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Two years: Each year equivalent to 1800 hours during 12 mos
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LP: Professional Experience: Part-time employment.
At least ___ hrs per week for ____ ____ weeks at ____ facility/agency? |
10 hours; 12 consecutive weeks; at same facility or same agency.
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Part-time professional employment for LPs: How many hours supervision per week?
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At least 2 hours face to face within a 2 week period.
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LP/Professional employment of less than 25 hours/week?
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Must all be with designated supervisor
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Passing scores for LPs and practitioners?
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Same
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What happens if you fail to appear for an exam?
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Must submit written request for deferrment within 15 days. Forfit application fee
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Notices of renewal go out when?
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At least one month before expiration.
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Does failure to receive notice relieve responsibility?
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No
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Renewal deadlines?
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Payments must be postmarked on or before the last day the license is granted.
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What do you have to do to renew?
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Notarize the renewal application and list the continuing educational activities since initial licensure or preceding renewal.
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What do you need to include to claim the continuing education activities?
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Names of sponsors
Dates and title of activity # hours credited |
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How long must you keep the continuing education information?
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2 years AFTER renewal date
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What if you don't have enough CE's?
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Can get a temporary renewal certificate. This is a time limited variance and must include written plan listing activities including dates, hours.
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The variance for the CE temporary renewal lasts how long?
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Expires 6 months or upon completion (if before).
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What are some of the Psychological Practitioner Requirements for renewal?
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Dates/Hrs worked per month within the two year period.
Name of supervisor # hours of supervision per month. Verification of supervisor standards. If supervisor is deceased, affidavit, log or some other documents can count. |
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When do you pay a late fee for renewal of license?
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If postmarked AFTER the last day of the last month license is granted.
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If paying late, when is it valid?
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When paying late fee with the renewal fee.
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Termination proceedings of license not paid: When notified?
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Within 30 days AFTER renewal date. Registered or certified mail. Sent to the last known address.
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What does the first notice say?
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"Failure to pay within 60 days"
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2nd notice of failure to renew?
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At least 7 days before board meeting scheduled 60 days or more after renewal date.
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How is a license terminated by failure to pay?
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By the board by roll call and it must be at least 60 days overdue.
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The board should notify termination of license for failure to pay within ___?
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7 days of board meeting
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Can you be relicensed after termination?
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Yes if verify that you haven't been engaged in private practice. Must comply with all the rules & Regulations & exams. Notarized affirmation and pay regular license fees.
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What about continuing education requirements for relicensure?
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If holding license in another state, must verify continuing education regulations. Not having other license, you must have completed at last 40 hours of continuing education requirements.
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What happens if you practice without a license?
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Disciplinary action or denial of licensure - gross misdemeanor too.
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Can you voluntarily terminate?
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At any time, must be written notification to the board... and you cannot have a pending complaint.
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Voluntary termination cannot be ____ to ________.
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prior to failure to renew.
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Why CEs"
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To promote health & wellbeing of residents
To promote professional development To promote continued professional growth and maintenance of competence - these are ethical responsibilities of each licensee. |
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How many CEs required?
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40 hours/2 years
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CEs for LPs:
If you teach a psych course, how many credits do you get? |
1 academic credit = 10 CEs
This must be the FIRST time you've taught the course. |
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How many CEs if you complete a graduate level course in psychology?
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20 hours - the institution must be accredited by a regional accreditation association.
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Do you need to submit the graduate level course for prior approval to get CE credit?
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No. Academic transcript will suffice.
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CEs: How can you get credit for developing workshops, seminars, speaking engagements, professional meetings, etc.?
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Must produce printed program or agenda.
1 hour development = 1 CE hr. |
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What's the max CE credit can you get for developing workshops, seminars, speaking engagements, etc.?
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3 hours maximum for each presentation. Must be FIRST TIME presentations only.
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CEs:
Authoring book? |
40 hours - only in the year of publication.
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CEs:
Editing book? |
30 hours/only in the year of publication.
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CEs: Authoring book chapter?
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20 hours/only in the year of publication
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CEs: Editor of journal?
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30 hours/only in the year of publication
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CEs: journal artical review?
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1 CE hour per manuscript
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What do you need to have to present book/journal, etc. for CE credit?
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Publication cover sheet,
masthead, Table of contents or marketing materials |
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CEs:
What about developing tests, videos, computer programs? |
Can receive up to 40 hours and the amount is to be determined by the board.
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CEs:
Attending workshops, seminars, auditing graduate courses? |
Registration receipt
Certificates of attendance |
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CEs:
What about home study? |
3 hours of activity count for one CE hour. Must have transcripts, personal notes, posttests.... something like that for verification.
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CEs: What about service on the board, say for an oral exam?
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One day of service equals 8 CE hours.
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How many days do you need to wait for approval or denial of sponsor request?
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45 days
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What's the wording for sponsor approved activities?
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"This program has been approved by the MN Board of Psych for (#) Continuing Education Hours"
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Violation of sponsored activity approval?
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disciplinary action
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Licensee request for sponsored approval?
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45 days.... same as anyone else.
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What information is required for submitting an activity for sponsor approval (CEs)?
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Name & address of sponsor
Credentials of instructors outline of topic # hours of instruction Mechanism for monitoring attendance location date Statement of objectives (Materials advertising must include same information) |
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CEs: Approval of individually designed continuing education activities? How many hours can you obtain?
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A maximum of 15 hours (of the 40)
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How soon must you submit written proposal for individually designed continuing education activities?
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within 45 days
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What must you include for individually designed CE activities?
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-Rational for individual plan
- Specific goals & objectives - Explanation of how to achieve goals & objectives to enhance skills - outline of topics - description of resources or activities - proposed documentation - |
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What's something you might expect with individually designed (approved) CE activities?
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Random verification
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What are the guidelines for individually designed CE activity - in time credits?
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3 hours reading, studying = 1 CE hour
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Tutoring, consultation, supervision - time credits for CEs?
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One hour - 1 CE hour
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CE hrs for lst renewal after beginning date:
Less than 6 months after effective date? |
0 CEs required.
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CE hrs for lst renewal after beginning date:
At least 6 mos but less than one year? |
10 CEs required
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CE hrs for lst renewal after beginning date:
At least 1 year but less than 18 mos? |
20 CEs required
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CE hrs for lst renewal after beginning date:
At least 18 mos but less than 2 years? |
30 CEs required.
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If there is conflict, ____ of ____ prevail over:
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Rules of Conduct prevail over Ethical Principles; Code of Conduct - used to resolve ambiguities
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What happens if standards are violated?
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Disciplinary action or denial of licensure
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What are the aids to interpretation to the Rules of Conduct?
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Ethical Principles of Psychologists and Code of Conduct (1992/APA)
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If you're practicing a new technique?
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Need ongoing consultation and shall seek continuing education in that area
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What should you provide to the clients for innovative techniques?
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Shall inform of innovative nature and known risks
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If not competent?
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Make referrals to professionals who are.
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When can you share confidential info?
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Clear & substantial risk;
imminent serious harm - disclose ONLY to appropriate individuals |
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What do you do when you have dual clients?
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Inform both clients how info will be treated.
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What about minors and confidential info?
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Must inform minors about limits on the right to privacy
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What about access to client records?
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Limited access to staff, students, volunteers.
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If duties require staff access to client records?
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Must have informed written consent of the client.
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Why says where statements are to be sent?
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Client
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What about case reports?
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No identifiers
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When may you release client records?
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Court order, or to conform to state of rederal law, rule, or regulation
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Can disclose client records in disciplinary cases?
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Yes
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Disciplinary cases cover what kinds of situations?
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Dual relationships
misuse of other relationships biases dysfunctional exploits (financial, sexual or personal advantage) |
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What do you do when terminating service?
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Must notify orally and in writing and assist in obtaining services from another professional
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Do direct recipients have right of access to records?
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Yes, provided they are not classified as confidential - non-technical explanations
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Psychologists must maintain ____ records.
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Accurate: chronological listing of all visits, with fees charged; all correspondence/copies; personal data sheets, releases and any other legal forms (if employee - need not keep separate records)
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What needs to be displayed in offices?
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Statements of competence; clients' rights - shall display or handout areas of competence submitted to the board
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What is contained in the Bill of Rights of Clients?
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- Minimal qualification regulations
- right to report complaints - right to be informed of fees before services rendered - right to be free of discrimination - right to have access to records - right to be free from exploitation |
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What about stereotyping?
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Not allowed; must consider client as an individual
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What do you need to provide to the client at onset of services rendered?
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Preferences & options for tx.
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When do you terminate services?
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When not likely to benefit from continued professional service or when unneeded.
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What do you provide when terminating?
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Oral/written notification and assistance in obtaining other services
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What do you do when asked for referrals?
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Give them promptly when asked
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What's the sex clause?
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Two years following date of last professional contact
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What do you do regarding the coordination of other professionals?
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You SHALL ASK if the client is in another relationship or had one in the past.
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What if the client is receiving services from another provider?
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Comply with wishes and BEST INTERESTS of client
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What's the most popular complaint to the board?
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Sex, failure to report abuse (child & vulnerable adults)
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If information is obtained within the course of providing psychological services?
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Must inform client of rights and possible courses of action. But never with abuse and vulnerable adults.
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Other than sex & abuse, how might you handle other lesser offenses?
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May try & work with other psychologist OR file complaint directly to the board.
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If using tests other than for research purposes, what must you have?
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Manual and standardization info and development info.
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What's something you must indicate on a test report?
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If you had direct contact with client or if it was a blind interpretation.
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Test reports must include the following info:
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Description of all assessments
- Any reservations/qualifications/ limitations/impossibility of absolute prediction - notation of any discrepancies, disagreement, conflicting info - whether direct contact |
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What can't psychologists do with public statments?
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May not evaluate services as to their quality or uniquements, not contain testimonials
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If a masters degree or Ph.D. from an institution NOT accredited?
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May not use Doctor, Ph.D., Psy.D., Ed.D (licensed only)
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Fees and statements must include:
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Disclosure of costs; itemized fee; date, nature of service, provider, who is professionally responsible
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Commissions, rebates or other remuneration for referrals are:
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NOT ALLOWED
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What about Aiding & abetting unlicensed practitioners?
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NOT ALLOWED
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If convicted of a crime,
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the conviction is considered proof of underlying factual elements
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Can the board waive fees?
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If undue burden on petitioner and will not adversely affect public welfare
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If petitioning for a variance, what must you provide?
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Alternative practices or measures with rationale
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If variance circumstances continue?
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Waivers and variances may be renewed
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Board minutes must include ____ for actions.
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reasons
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Licensing Fees:
For EPPP? |
$150
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Licensing Fees:
for PRE? |
$150
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Licensing Fees:
LP Licensing Application? |
$500
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Late fee for licensing renewals?
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$250
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Psych Practioners:
Licensing Fee? |
$250
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Late fee for Psych Practitioners Licensing Renewals?
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$125
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Converting fee from MA to Ph.D.?
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$150 (here's the hook)
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Guest License Fee?
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$150
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Continuing Education Sponsor fee?
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$80 for each activity (glasses)
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Special fee before 2001?
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$90 - cost of litigation and case proceedings (?) - shall withhold license unless renewal is paid
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Late fee for Special fee?
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$45.00
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MN psychology act is to:
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protect the public
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Who are clients?
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client, entities/organizations, legally authorized reps (parents or guardians), students, and supervisees
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How is the practice of psychology defined?
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modify human bx of application of psychological principals to enhance relationships, organizational effectiveness, mental health improvement
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How many Board members?
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11
3 are Ph.D.s 3 are public 2 MAs 2 MAs and Ph.D.s 1 Practitioner (after 2010, Ph.D.) |
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Board composition: if less than 30% - MA or Ph.D.
Less than 15? |
Mas, ph.d. or qualified to be licensed
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Members of the board are appointed by:
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Governor
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Who elects officers on the board?
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Board members
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How long can a board term last?
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No more than 2 consecutive terms
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Do board members administer oaths?
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yes
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Public members on the board cannot be:
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affiliated with other health professions and must represent public. No conflicts of interest.
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What does the board do?
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Adopt and enforce rules
exams, issue licenses copies of rules, registration of license fees educate public - requirements enable public to file complaints continuing education - establish and approve programs |
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Who might the board hire?
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consultants
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MAs must have entered graduate programs before:
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11/1/91
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MAs must have received MA degree or equivalent before:
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1997
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MAs must be in a doctoral program and have professional employment before?
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1998
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MAs must have been a MN resident on:
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10/31/1992
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Converting from MA to doctorate?
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1 year supervised psychological employment, internship, major in psychology
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How much postlicensure employment is required for Licensed psychological practitioners?
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2 years
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If a psych practitioner before 12/06 postlicense employment must be completed by:
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2010
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If psychological practitioner (to become LP) after 12/06, must have completed postlicensed employment:
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within 4 years of date of license - can have no unresolved disciplinary action or pending complaints (2010)
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What are the limitations for the practice of licensed psychological practitioners?
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only under supervicion
agency/institute contracts with supervising LP who shares responsibility |
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MA/DR
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major in psych from accredited institution; degree requirements completed by 12/31/05
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Effective 12/31/2011?
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No more pracitioners - all licenses terminated without further notice
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Do you need a license for volunteer practice if retired?
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At the discretion or the board and no unresolved disciplinary action or pending complaints anywhere. Also, need to have held license, certification, registration ro practice psychology somewhere
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Emeritus Registration: Doesn't require?
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CEs, not subject to renewal - one time fee (no disciplinary hx and no complaints unresolved)
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What is the fee for Emeritus Registration?
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$150 - can change to active status
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Can an Emeritus Registrant engage in practice?
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No
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Can an Emeritus say she's licensed?
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No - "psychologist emeritus"
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Supervisors must have:
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competence in supervision and in the practice of psychology. Must have Dr. degrees with major in psychology. Must be employed by accredited educational institute or employed by federal, state, county, or local governments. Must occur within facility.
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Can a designated supervisor be an MA?
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Yes but not for Ph.D.s
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For licensed psychologist practitioners - how many hours of supervision for hrs of service?
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For each 20 hours, must have 1 hr of supervision per month. No more than 1 hour of supervision is required per week.
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How many supervision hours are required for LPs?
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1 hour individual and 1 hr designated supervisor. There are exceptions if supervisor is ill or something.
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May prorate for part-time basis?
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yes
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Licensed practitioners may request variances to supervision before:
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8/1/91
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Psychology practitioners may request variance for employment for preparation for LP by:
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Specified endorsement for competency by supervisor; facility must be under the Mental Health Act, employer must have clinical responsibility and plan for supervision (1 hr/wk)
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If variance is denied,
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can seek reconsideration
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Plead guilty, nolo contendere to felony or other crime (dishonesty or fraud) or shown to be incompetent
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Subject to disciplinary action, investigation, penalties for violations
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Can voluntarily terminate when under investigation or while under disciplinary order?
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No
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Other violations:
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subject to corrective action
fail to cooperate engage in fee splitting |
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Can distribute revenues when:
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in partnerships, group practices, non-profit corporations ONLY IF REVENUES ARE FEES FOR SERVICES PERFORMED BY LICENSEE OR UNDER LICENSEE'S ADMINISTRATIVE AUTHORITY.
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Okay to pay membership fees for participating in a referral service?
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If referral arrangement is disclosed
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What is fee splitting?
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Paying directly for referrals or referring to places with significant financial interests. If so, must disclose profit interest.
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Can you dispense for profit instruments or something developed?
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Yes if disclosed in advance.
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What is the civil penalty for violations?
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$7500 for each separate violation
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The board can do just about
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anything... prevent release of exam grades, limit, reinstate, etc. They can require quality reviews, education courses, reimbutsement for legal, paralegal charges.
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The board can serve orders...
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personally or by mail to most recent address provided. Must state reasons.
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What if license is suspended?
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You have a right to a hearing no later than 60 days or within 15 business days & must provide reasonable basis.
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For hearings, evidence must be:
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in affidavit forms only
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After board hearing, notification of decision must be sent out:
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within 5 working days.... can contest within 30 days from that time.
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Administrative law judge's report from hearing, final order must be sent out:
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within 30 days of its receipt
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If board does not have written consent from client:
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Licensee may delete identifiers
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If sexual misconduct, judge shall not consider...
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client's previous sexual conduct
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If practicing without a license:
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gross misdemeanor
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misconduct limitation:
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After 7/31/2001 - within 7 years unless sexual following a period of 2 years)
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If complaint is less than 12 mos from expiration of limitation period:
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can be extended 12 mos
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limitation period of minor?
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Doesn't begin until age 18
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When failing to submit without just cause?
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Considers allegations as true
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When can be given opportunity to demonstrate fitness?
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at reasonable intervals
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Information gathered by the board cannot be
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subject to subpoena nor can be used against individual regulate by the board in any proceeding NOT commensed by the board.
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Immunity
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from civil liability and criminal prosecution for reporting in good faith violations, alleged violations to the board
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MA presentation to the public?
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M.Eq. = MA
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What do you need to identify at initial meeting with client?
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degree, competence, qualifications
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If not licensed,
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cannot incorporate any titles or descriptions of services using the terms of psychology, psychological, psychological practice, etc. Cannot purport to be an expert.
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In educational institutions, can use what kind of titles?
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whatever is designated by the organization and may lecture
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Psych interns:
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trainee, interns, terms clearly depicting status
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If retired?
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Cannot say "licensed"
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Does the board regulate teachers and sws?
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nope
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Can businesses utilize psychological practices for their own personnel purposes?
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Yes, but must be performed or supervised by licensed individuals if sold or offered.
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When can test results be protected?
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When access would compensate objectivity, fairness, integrity of testing process
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Shall provide test results to:
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qualified individuals or furnish summaries to individual or 2 or 3rd parties designated by individual
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Duty to warn - if doesn't exist, is there liability?
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not in good faith.... failure to predict counts
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Can terminate tx if:
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violent (not suicidal) must be referred always
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When shall you assist clients in obtaining professional help?
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For all important aspects of problems and all that fall outside competence and boundaries.
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Registration of licensees?
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Classified as private unless consents to disclosure
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Licensing agency minutes?
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Classified as public - the entire record concerning disciplinary proceeding is public data
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If licensee and licensing agency agree to resolve complaint without a hearing?
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the agreement and specific reasons for the agreement are public data
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License numers and status and CEs issued or maintained:
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classified as public
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Any licensing agency may make any data____ or ___.
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public or private
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Right to request patient info can be:
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oral or written - must request patient's auhorization to release info to a designated individual
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If minor, patient includes:
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parent, guardian, or a person acting as a parent or guardian in the absence of a parent or guardian
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Upon request, a provider shall supply to the patient:
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complete and current info possessed by that provider concerning any diagnosis, tx and prognosis of the patient in terms and language the patient can reasonably be expected to understand.
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With the consent of the patient, the provider may instead furnish
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only a summary of the record. may exclude speculations
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The provider may withhold info from the patient
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and supply info to an appropriate third party or to another provider... the other provider or third party may release the info to the patient
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A provider may not release a copy:
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of a videotape of a child victim or alleged victim of physical or sexual abuse without a court order. This does not limit the right of a patient to view the videotape.
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The written request shall specify:
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name of the provider to whm the record is to be furnished. Patient is responsible for reasonable costs of furnishing info
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Consents to release are valid for
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one year or for a lesser period specified in the consent or if specifed by law.
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Release of records not requiring consent:
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medical emergencies - unable to obtain consent due to condition or nature of medical emergency
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For research purposes, consent may be waived if
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if mailed at least two times to last known address with a postage prepaid return ennvelope and a conspicuous notice that records may be released if s/he does not object. At least 60 days expired since second notice
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Negligence in release/forgery:
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liable for compensatory damages plus costs and reasonable attorney fees
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Must release to law enforcement agency if law enforcement agency provides name of patient and communicates:
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patient currently involved in emergency interaction/necessary to protect health or safety of patient or of another person. Limited score of disclosure & must not be used for any other purpose
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All releases
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must be documented - circumstances, etc.
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Commissioner of Health
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can get records but encrypts identifiers
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Independent medical exam requested by a third party:
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may release to third party who requested or paid for the examination
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When patient requests copy of record for purposes of review:
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provider must not charge fee - may charge 75 cents/per page for copying, plus $10 for time spent retrieving and copying records This limitation does not apply to X-rays - may charge actual cost plus no more than $10 for time spent
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Can charge fees to provide copies for appealing denial of Social Security disability or SS disability benefits under title..
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no
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For further diability appeals,
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patient may receive no more than two medical record updates without charge and ony for medical record info previously not provided
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Notice of rights:
|
clear and conspicuous manner... access to health records... caveats... right to have access to records
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Who develops the Bill of Rights?
|
Commissioner of health published in the State Register
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violations for provision of records?
|
disciplinary action by appropriate licensing board
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Any minor living separate and apart from parents or legal guardian regardless of duration of separate residence and is managing personal financial affairs, regardless of the source
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may give effective consent to personal medical, dental, mental and other health services and the consent of no other peron is required.
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Any minor who has been married or has borne a child
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may give effective consent... no other consent required.
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Any minor may give effective consent
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to determine the presence of or to treat pregancy and conditions assoc with veneral disease, alcohl and other drug abuse - no other consent required
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No abortion operation shall be performed upon
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an unemancipated minor or upon a woman for whom a guardian has been appointed - until 48 hours after written notice of pending operation is delivered personally.... certified mail addressed to parent... return receipt requested and restricted delivery
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Abortions may be performed
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pregant minor woman declares victim of sexual abuse, neglect, or physical abuse... declaration made to proper authorities
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Professional may inform
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where in the judgment of the professional, failure to do so would serously jeopardize health of the minor patient
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Minor consenting for such health services
|
shall assume financial responsibility
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Any licensed health profesional regulated by the state who has knowledge or reasonable cause to believe a person is a health threat to others
|
may report that info to the commissioner & is not subject to liability
|
|
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A psychotherapist
|
is anyone who purports to perform psychotherapy
|
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An employer of a psychotherapist may be liable
|
if fails or refuses to take reasonable actions when the employer knows or has reason to know that psychotherapist engaged in sexual contact
|
|
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Evidence of the plaintiff's sexual hx is not subject to discovery except
|
when plaintiff claims damage to sexual functioning or if defendant makes an offer of proof of the relevancy of hx - shall allow discovery only of specific information or examples of conduct
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|
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Any action for sexual exploitation shall be commenced within ____ years after the cause of action arises.
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5 years
|
|
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No complaint alleging a matter within the jurisdiction of the board shall be dismissed by a board unless
|
at least two board members have reviewed the matter
|
|
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Who provides legal services to a board?
|
designee of attorney general
|
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A board may issue ____ and compel attendance of witnesses and production of documents and other materials.
|
subpoenas
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|
|
board member cannot have
|
conflicting interests
|
|
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Licensed person convicted in a court of competent jurisdiction of committing a crime against a minor
|
is unfit to practice the profession or occupation for which that person is licensed
|
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Cannot be in arrears in child support..... until receives notification from court.
|
A Board member may attempt to resolve complaints with the regulated person.... conferences, any other written or oral communications
|
|
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Alleged sexual contact/conduct
|
board must forward complaint to the designee of attorney general for investigation
|
|
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A board may take _____ action or ______ a complaint if insufficient evidence.
|
corrective action or dismiss
|
|
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Complaints cannot be dismissed without....
|
concurrence of two board members.
|
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Board may refuse to grant or impose disciplinary action against a regulated person
|
for failure to repay a student loan... or taxes (state taxes $500 or more) unless disabled for more than one year.
|
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Fetal alcohol syndrome
|
primary responsibility for diagnosing and treating syndrome in pregant women or children - receive education on subject, screen for alcohol abuse, identify affected children, provide referral info
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|
|
For drug tx of regulated individuals - reports are
|
confidential and are privileged communication
|
|
|
If hasn't filed tax returns
|
given 90 days written notice - can revoke license
|
|
|
All licensing authorities must require the applicant to provide
|
SS number and business identification number on all license applications
|
|
|
Professional
|
licensed by state laws to furnish one or more professional services lited... also of a foreign nation
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Professional firms may not adopt, implement or follow any policies that would give a board grounds for
|
disciplinary action against a professional who follows, agrees to, or acquiesces in the policy...
|
|
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Ownership of professional firm may not be owned or held, either directly or indirectly, except by
|
professions who provide at least one category of pertinent profession services, are licensed and not disqualified
|
|
|
If owner of professional firm dies or becomes disqualified...
|
within 90 days of the death or disqualification, ownership interests must be acquired by the professional firm or by permitted persons at the end of the 90 day period. Even if some or all of the consideration is paid after the end of the 90 day period.
|
|
|
At death or disqualification
|
must tender price within 90 days to previous owner or estate... book value. May bring suit in district court seeking additional payment... must be commenced within one year after payment is tendered.
|
|
|
Mergers must be filed
|
with secretary of state
|
|
|
Criminal sexual conduct in the third degree
|
complainant is under 13 years of age and actor is no more than 36 mos older - conviction: $30k or 15 years imprisonment or both - subject to conditional release
|
|
|
Criminal sexual conduct in fourth degree- $20k and/or 10 years imprisonment
|
complainant is at least 13 but less than 16 yo: actor is more than 48 mos older
|
|
|
Criminal sexual conduct in fifth degree
|
masturbation or lewd exhibition under age 16 or knows minor is present - 3k and/or 1 year imprisonment
|
|
|
felony
|
five years $10k
|
|
|
Child abuse does not include reasonable and moderate physical discipline by parent or legal guardian which does not
|
cause an injury
|
|
|
Abuse does not include
|
reasonable force by teacher, principal, or schoolemployee
|
|
|
striking child with closed fist, shaking child under age thre, striking or other actions resulting in nonaccidental injuries to a child under 18 mos of age, unreasonable interference with child's breathing, threatening child with weapon
|
striking child under age one on the face or head
|
|
|
Mental injury
|
evidenced by observable substantial impairment in child's ability to function within normal range of performance and behavior with due regard to child's culture
|
|
|
threatened injury
|
substantial risk of physical or sexual abuse or mental injury
|
|
|
abuse is immediately reported.... any person may voluntarily report
|
Any person mandated shall receive summary of the disposition of any report made by that reported... unless release is detrimental to the best interests of the child
|
|
|
within 24 hours
|
Dept of human services/department of health: hospitals, etc.
|
|
|
no immunity
|
for failure to report
|
|
|
any adverse action within
|
90 days is retaliatory
|
|
|
failure to report
|
misdemeanor
|
|
|
failure to report two or more children not related to perpetrator within preceding ten years
|
gross misdemeanor
|
|
|
if child dies
|
guilty of felony and may be sentenced to imprisonment for not more than 2 years or to payment of a fine of not more than 4k or both
|
|
|
oral report within how 24 hours/immediate; written report:
|
72 hours exclusive of weekends and holidays
|
|
|
Reports should identify child, person responsible for abuse, nature and extent of abuse or neglect.
|
reporter should be informed within ten days after report either orally or in writing, whether report was accepted for assessment or investigation
|
|
|
if not substantial child endangerment
|
may conduct a family assessment
|
|
|
child interviews can be made without parental consent or with any other residing minors
|
interview may take place outside presence of alleged offender or parent, legal custodian, guardian, or school official... preferred practice to request permission prior to interview unless doing so compromises safety assessment
|
|
|
interview must be conducted not more than 24 hours after receipt of written notification - school
|
interview contact immediately if substantil child endangerment - otherwise, within 5 calendar days
|
|
|
interested persons
|
parent, guardians, stepparent, grandparent, guardian ad litem, adult stepbrother, stepsister or sibling, adult aunt or uncle... unless perpetrator
|
|
|
if intentionally discloses reporters identity
|
misdemeanor
|
|
|
if no determination of maltreatment
|
data must be maintained for four years
|
|
|
mandated to report if has reason to believe woman is pregnant and has used controlled substance for a nonmedical purpose during pregnancy - oral report/72 hours written - shall provide name and address of reporter
|
may arrange for chemical use assessment to confirm... then immediately report or if woman fails to comply... name and address of reporter must be given
|
|
|
data on persons making reports
|
are confidential data
|
|
|
A mandated reporter may disclose
|
not public data
|
|
|
intentional false reports
|
10k and attorney fees
|
|
|
license holders have right
|
to a contested case hearing
|
|
|
vulnerable adults
|
common entry point shall destro data 3 calendar years after date or receipt
|
|
|
data in investigation
|
private data
|
|
|
identity of reporter can be disclosed
|
upon consent of reporter and if there is evidence that the report was made in bad faith
|
|
|
data from reports determined false
|
two years
|
|
|
data from reported substantiated
|
7 years
|
|
|
data from reports uninvestigated
|
2 years
|
|
|
retaliation
|
10k and attorney fees
|
|
|
dept of human services
|
adult day care foster care, developmental disabilitites programs, mental health programs, chemical health programs or personal care provider organizations
|
|
|
vulnerable adult
|
any person 18 years or age or older: inpatient, receives home care provider services, physical or mental infirmity or other physical, mental or emotional dysfunction; inability to provide for own care without assistance, impaired ability to protect from maltreatment
|
