Ohio Oral Jurisprudence Examination

Front 1

Purpose of the Rule of Professional Conduct

Back 1

constitute the standards agains which the required professional conduct of a psychologist is measured.

Front 2

Scope of the Rules of Conduct

Back 2

applies to the conduct of all psychology licensees and applicants, including the applicant's conduct during the period of education, training, and employment that is required for licensure. The term "psychologist," as used within these rules of professional conduct, shall be interpreted accordingly, whenever psychological services are being provided in any context.

Front 3

What is a violation of the rules of professional conduct?

Back 3

A violation of the rules of professional conduct constitutes unprofessional conduct and is sufficient reason for a reprimand, suspension or revocation of a license, or denial of either original licensure or reinstatement of licensure.

Front 4

What resources are available to aid you in interpretation of the code of ethics/professional conduct?

Back 4

Ethics codes and standards for providers promulgated by the "American Psychological Association," the "Canadian Psychological Association," and other relevant professional groups shall be used as aids in resolving ambiguities that may arise in the interpretation of the rules of professional conduct, except that those rules of professional conduct shall prevail whenever any conflict exists between these rules and any professional association standard.

Front 5

How does one responde to any written inquiry, regarding compliance with law or rule, received from the board?

Back 5

A psychologist or an applicant for licensure, shall provide a written response within a reasonable period of time not to exceed sixty days to any written inquiry, regarding compliance with law or rule, received from the board.

Front 6

How is negligence defined?

Back 6

A psychologist shall be considered negligent if his/her behaviors toward his/her clients, supervisees, employees or students, in the judgment of the board, clearly fall below the standards for acceptable practice of psychology or school psychology.

Front 7

Examples of Negligence are

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* Behavior in the judgment of the board, clearly fall below the standards for acceptable practice of psychology or school psychology
* Misrepresentation of qualifications
* Misrepresentation of affiliations
* request or authorize any client to solicit business
* Misrepresent Promotional activities for items developed
* inadequate Maintenance and retention of records

Front 8

Maintenance and retention of records requires that A psychologist or school psychologist rendering professional individual services to a client, or services billed to a third-party payer shall maintain a professional record that includes:

Back 8

(i)The presenting problem(s),
(ii)The date(s) and purpose, if not self-evident, of each service contact,
(iii)The fee arrangement,
(iv)Any test or other evaluative results obtained,
(v)Test data,
(vi)A copy of any test or other evaluative reports prepared as part of the professional relationship,
(vii)Notation and results of formal contacts with other providers, and
(viii)Authorizations, if any, by the client for release of records or information

Front 9

How long must the professional record is maintained?
What is the rule of thumb regarding record retention

Back 9

To meet the requirements of these rules, but not necessarily for other legal purposes, shall ensure that each data entry in the professional record is maintained for a period of not less than five years after the last date of service rendered, or not less than the length of time required by other regulations if that is longer. The general record or a summary thereof shall be kept for a period of not less than twelve years after the last date of service rendered.

Front 10

What steps must be taken for a psychologist take to store and dispose of written, electronic, and other records of clients in such a manner as to ensure their confidentiality?

Back 10

1. Licensees shall make plans in advance to facilitate appropriate transfer and to protect the confidentiality of records in the event of the psychologist's or school psychologist's withdrawal from positions or practice.
2. Each licensee shall report to the board on the biennial registration (renewal) form the name, address, and telephone number of a psychologist or school psychologist or other appropriate person knowledgeable about transfer and custody of records and responsibility for records in the event of the licensee's absence, emergency or death.

Front 11

In the event a complaint has been filed, a psychologist or school psychologist must take what steps?

Back 11

In the event a complaint has been filed, a psychologist shall provide the original or a full copy of the client file or other client-identifiable documents to the board upon request, provided that the request is accompanied by a copy of a release signed by the client.

Front 12

Welfare of Client:
What should be done if there is a Conflict of interest?

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When there is a conflict of interest between the client and a psychologist's employing institution, the psychologist or school psychologist shall clarify the nature and direction of his/her loyalties and responsibilities and keep all parties concerned informed of his/her commitments

Front 13

Welfare of Client:
How does a psychologist address the need for Sufficient professional information

Back 13

A psychologist rendering a formal professional opinion or recommendation about a person shall not do so without substantial professional client information.

Front 14

Welfare of Client:
What responsibilities does the psychologist have to inform the client?

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A psychologist shall give a truthful, understandable, and reasonably complete account of a client's condition to the client or to those responsible for the care of the client. The psychologist or school psychologist shall keep the client fully informed as to the purpose and nature of any evaluation, treatment, or other procedures, and of the client's right to freedom of choice regarding services provided.

Front 15

Welfare of client:
What does the code state regarding dependency?

Back 15

Due to inherently influential position, a psychologist shall not exploit the trust or dependency of any client, supervisee, evaluee, or other person with whom there is a professional psychological role, as that term is defined in rule 4732-3-01.

Front 16

Welfare of client:
Informed choice- how does this relate to the responsibilities of the psychologist?

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A psychologist shall accord each client informed choice, confidentiality, and reasonable protection from physical or mental harm or danger.

Front 17

Welfare of the client:
What are the restrictions regarding the use of media in psychological services:

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Psychological services for the purpose of diagnosis, treatment, or personalized advice shall be provided only in the context of a professional relationship, and shall not be given by means of public lectures or demonstrations, mail, newspaper or magazine articles, radio or television programs, or similar media.

Front 18

Welfare of client:
What about stereotypes?

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A psychologist shall not impose on a client any stereotypes of behavior, values, or roles related to age, gender, religion, race, disability, nationality, or sexual orientation that would interfere with the objective provision of psychological services to the client.

Front 19

Welfare of client:
When should Termination/alternatives to treatment be considered?

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A psychologist shall terminate a professional relationship when it is reasonably clear that the client is not benefiting from the relationship, and shall offer to help locate alternative sources of professional services or assistance if indicated.

Front 20

Welfare of client:
What should be taken into consideration regarding continuity of care?

Back 20

A psychologist shall make arrangements for another appropriate professional or professionals to deal with the emergency needs of his/her clients, as appropriate, during periods of foreseeable absence from professional availability.

Front 21

Welfare of client:
What steps must be taken to insure that the client is safe during an Interruption of services

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* makes reasonable efforts to plan for continuity of care in the event that psychological services are interrupted by factors such as the license holder's illness, unavailability, relocation, or death, or the client's relocation or financial limitations.
*entering into employment or contractual relationships shall make reasonable efforts to provide for orderly and appropriate resolution of responsibility for client care in the event that the employment or contractual relationship ends, with paramount consideration being given to the welfare of the client.
*A psychologist who serves as an employer of other psychologists or school psychologists has an obligation to make similar appropriate arrangements.

Front 22

Welfare of client:
What happens if a psychologist finds that they are practicing when impaired?

Back 22

shall not undertake or continue a professional psychological role when the judgment, competence, and/or objectivity of the psychologist or school psychologist is impaired due to mental, emotional, physiological, pharmacological, or substance abuse conditions. If impaired judgment, competence, and/or objectivity develops after a professional psychological role has been initiated, the psychologist or school psychologist shall terminate the professional role in an appropriate manner, shall notify the client or other relevant parties of the termination in writing, and shall assist the client, supervisee, or evaluee in obtaining services from another appropriate professional.

Front 23

Welfare of client:
What must a psychologist do if they find that they are involved in a multiple relationship?

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If a psychologist determines that, due to unforeseen factors, a prohibited multiple relationship has developed, he or she shall take reasonable steps to resolve it with due regard for preserving the welfare of the person(s) with whom there is or was a professional psychological role.

Front 24

Renumeration for services -
Describe the four types of improper financial arrangements:

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(a) cannot derive nor solicit any form of monetary profit or personal gain as a result of professional relationship with clients or immediate ex-clients, beyond the payment of fees for psychological services rendered. Unsolicited token gifts from a client are permissible.
(b)not use his/her professional relationship with clients or immediate ex-clients to derive personal gain, other than through fees for professional services, for himself/herself, or for any other person, or for any organization from the sale or promotion of a non psychology-related product or service.
(c) not give nor receive any commission, rebate, or other form of remuneration for referral of a client for professional services, without full disclosure in advance to the client of the terms of such an agreement.
(d)not bill for services that are not rendered. However, he/she may bill for missed appointments that the client did not cancel in advance, if this is part of the financial arrangements made in accordance with paragraph (D)(1)(a) of this rule.

Front 25

Renumberation for services:
What is the time line for discussing financial arrangements?

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All financial arrangements shall be made clear to each client in advance of billing, preferably within the initial session but no later than the end of the second session, unless such disclosure is contraindicated in the professional judgment of the licensee. In the event that disclosure is not made by the end of the second session, the psychologist or school psychologist bears the burden of demonstrating that the client was not harmed as a result of non-disclosure.

Front 26

What are multiple relationships and how can they be managed?

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A multiple relationship exists when a psychologist or school psychologist is in a professional psychological role pursuant to paragraph (Q) of rule 4732-3-01 and is in another relationship with the same person or entity or with an individual closely associated with the person or entity. Depending on the timing and nature of one’s interactions before or after the establishment of a professional psychological role, multiple relationships can result in exploitation of others, impaired judgment by clients, supervisees and evaluees, and/or impaired judgment, competence and objectivity of the psychologist or school psychologist. Psychologists and school psychologists actively identify and manage interpersonal boundaries to ensure that there is no exploitation of others and that professional judgment, competence, and objectivity within one’s professional psychological roles are not compromised.

Front 27

What type of multiple relationships are not viewed as problematic?

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unavoidable interpersonal contacts can occur due to cultural, linguistic, or geographical considerations. For purposes of this rule, incidental contacts in the personal life of a psychologist or school psychologist with persons with whom there is or was a professional psychological role are not relationships.
Nothing in this rule shall be construed to mean that a psychologist is prohibited from undertaking a professional psychological role in an emergency situation, including effecting an appropriate referral when necessary to foster the welfare of others.

Front 28

Why are multiple relationships prohibited?

Back 28

The board prescribes that certain multiple relationships are expressly prohibited due to inherent risks of exploitation, impaired judgment by clients, supervisees and evaluees, and/or impaired judgment, competence or objectivity of the psychologist or school psychologist.

Front 29

What type so multiple relationships are prohibited?

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(i) with persons with whom he/she has engaged in sexual intercourse or other sexual intimacies; or
(ii) with persons with whom he/she has had a familial, personal, social, supervisory, employment, or other relationship, and the professional psychological role results in: exploitation of the person; or, impaired judgment, competence, and/or objectivity in the performance of one’s functions as a psychologist

Front 30

What activities are prohibited under all circumstances due to their complexity regarding multiple relationships?

Back 30

(i) Engage in sexual intercourse or other sexual intimacies; or, verbal or nonverbal conduct that is sexual in nature with any current client, supervisee, evaluee, or with any person closely associated with a current client, supervisee, or evaluee; or
(ii) Establish any personal, financial, employment, or other relationship with any current client, supervisee, or evaluee, or with any individual closely associated with a current client, supervisee, or evaluee and the non-professional role results in: exploitation of the person; or, impaired judgment, competence, and/or objectivity in the performance of one’s functions as a psychologist (iii) Engage in sexual intercourse or other sexual intimacies; or, verbal or nonverbal conduct that is sexual in nature with any person with whom there has been a professional psychological role at any time within the previous twenty-four months; or
(iv) Enter into any personal, financial, employment or other relationship (other than reestablishing a professional psychological role) with any person with whom there has been a professional psychological role at any time within the previous twenty-four months and the non-professional role results in: exploitation of the person; or, impaired judgment, competence, and/or objectivity in the performance of one’s functions as a psychologist

Front 31

Under what conditions would the two year 24 months rule be extended?

Back 31

The prohibitions established in this rule extend indefinitely beyond twenty-four months after termination of the professional role if the person, secondary to emotional, mental, or cognitive impairment, remains vulnerable to exploitative influence.

Front 32

Test interpretation involves what conditions?

Back 32

(a) released to another person or an organization only in a manner that adheres to the client's rights to confidentiality as set forth in paragraph (G) of this rule.
(b) are communicated to employers, relatives, or other appropriate persons in such a manner as to guard against misinterpretation or misuse. take into account the purpose of the assessment as well as various test factors, test-taking abilities, and other characteristics of the person being assessed, such as situational, personal, linguistic, and cultural differences, that might affect professional judgments or reduce the accuracy of interpretations, and significant limitations of interpretations are indicated.
(c) always respects the client's or guardian's right to know the results, the interpretations made, his/her conclusions, and the bases for his/her recommendations

Front 33

Communications between the psychologist and client are under the same umbrella priveledge as that of a ?

Back 33

(2) Protecting confidentiality of clients. In accordance with section 4732.19 of the Revised Code, the confidential relations and communications between a licensed psychologist or licensed school psychologist and clients are placed under the same umbrella of a privilege as those between physician and patient under division (B) of section 2317.02 of the Revised Code.

Front 34

Conditions in which one may testify

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(a) A psychologist shall not testify concerning a communication made to him/her by a client. The psychologist or school psychologist may testify by express consent of the client or legal guardian or, if the client is deceased, by the express consent of the surviving spouse or the executor or administrator of the estate of such deceased client. If the client voluntarily testifies, the psychologist may be compelled to testify on the same subject; or if the client, the executor or administrator files a claim against the psychologist such filing shall constitute a waiver of this privilege with regard to the care and treatment of which complaint is made.

Front 35

When can a psychologist break confidentiality?

Back 35

when the psychologist judges that disclosure is necessary to protect against a clear and substantial risk of imminent serious harm being inflicted by the client on himself/herself or on another person. In such case, the psychologist may disclose the confidential information only to appropriate public authorities, the potential victim, professional workers, and/or the family of the client.
A psychologist may release confidential information upon court order or to conform with state or federal laws, rules, or regulations.

Front 36

Competance Limits of practice

Back 36

A psychologist shall limit his/her professional practice to those speciality areas in which competence has been gained through education, training, and experience. If important aspects of the client's problem fall outside the boundaries of competence, then the psychologist assists his/her client in obtaining additional professional help.

Front 37

Competance Limits on school psychologists:

Back 37

A school psychologist who does not hold a psychologist license shall not practice beyond the scope of the school psychologist license, as defined in division (E) of section 4732.01 of the Revised Code.

Front 38

What is telepsychology?

Back 38

Telepsychology means the practice of psychology including psychological and school psychological supervision, by distance communication technology such as but not necessarily limited to telephone, email, Internet-based communications, and videoconferencing

Front 39

Primary requirement in Ohio to practice telepsychology?

Back 39

In order to practice telepsychology in the state of Ohio one must hold a current, valid license issued by the state board of psychology or shall be a registered supervisee of a licensee being delegated telepsychology practices in compliance with paragraphs(B) and (C) of rule 4732-13-04 of the Administrative Code.

Front 40

Licensees recognize that telepsychology is not appropriate for all psychological problems and clients, and decisions regarding the appropriate use of telepsychology are made on a case-by-case basis. What are two criteria for evaluating the appropriateness?

Back 40

(i)Whether the client's presenting problems and apparent condition are consistent with the use of telepsychology to the client's benefit; and
(ii)Whether the client has sufficient knowledge and skills in the use of the technology involved in rendering the service

Front 41

What should the psychologist do Prior to providing telepsychology services?

Back 41

(h)Prior to providing telepsychology services, obtain the written informed consent of the client, in language that is likely to be understood and consistent with accepted professional and legal requirements, relative to:


(i) The limitations and innovative nature of using distance technology in the provision of psychological or school psychological services;
(ii) Potential risks to confidentiality of information due to the use of distance technology;
(iii) Potential risks of sudden and unpredictable disruption of telepsychology services and how an alternative means of re-establishing electronic or other connection will be used under such circumstances;
(iv) When and how the licensee will respond to routine electronic messages;
(v) Under what circumstances the licensee and service recipient will use alternative means of communications under emergency circumstances;
(vi) Who else may have access to communications between the client and the licensee;
(vii) Specific methods for ensuring that a client's electronic communications are directed only to the licensee or supervisee;
(viii) How the licensee stores electronic communications exchanged with the client;

Front 42

When utilizing primarily face to face interventions with the clients what electronic communications are permissable?

Back 42

(a)Electronic communication used exclusively for appointment scheduling, billing, and/or the establishment of benefits and eligibility for services; and,
(b)Telephone or other electronic communications made for the purpose of ensuring client welfare in accord with reasonable professional judgment.

Front 43

What must a psychologist do if they feel that a violation has occurred?

Back 43

if you have substantial reason to believe that another licensee or supervisee has committed an apparent violation of the statutes or rules of the board that has substantially harmed or is likely to substantially harm a person or organization shall so inform the board in writing; however, when the information regarding such violation is obtained in a professional relationship with a client, shall report it only with the written permission of the client. Under such circumstances shall advise the client of the name, address, and telephone number of the state board of psychology and of the client's right to file a complaint. The PSY/shall make reasonable efforts to guide and/or facilitate the client in the complaint process as needed or requested by the client. Nothing in this rule shall relieve a PSY from the duty to file any report required by applicable statutes.

Front 44

Under what condition should a psychologist not delegate professional responsibility?

Back 44

A psychologist shall not delegate professional responsibilities to a person not qualified and/or not appropriately credentialed to provide such services.