Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
39 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
Area 2: Professional Conduct
General Considerations: Purpose |
Purpose: the rules of professional conduct constitute the standards against which the required professional conduct of a psychologist is measured
|
|
|
|
Area 2: Professional Conduct
General Considerations: Scope
|
Scope: the rules of professional conduct shall apply to the conduct of all psychology and school psychology licensees, 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. |
|
|
|
Area 2: Professional Conduct
General Considerations: Violations |
Violations: 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.
|
|
|
|
Area 2: Professional Conduct
General Considerations: Aids to interpretation |
Aids to interpretation: ethics codes and standards for providers promulgated by the APA, the CPA 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.
|
|
|
|
Area 2: Professional Conduct
General Considerations: Communication with the board |
A psychologist or SP, or an applicant for licensure, shall provide a writtenresponse within a reasonable period of time not to exceed 60 days to any written inquiry, regarding compliance with law or rule, received from the board
|
|
|
|
Area 2: Professional Conduct |
1. Behavior below standards for "acceptable practice" |
(1) A psychologist or school 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. |
|
|
Area 2: Professional Conduct |
1. Quals that differ from actual, degree/title not relevant to actual training or issues by non-accredited institution, or lead others to assume non-existent affiliations |
(3) Misrepresentation of affiliations. The psychologist or school psychologist shall not |
|
|
Area 2: Professional Conduct |
A P or SP rendering professional individualservices to a client, or services billed to a third-party payer, shall maintaina professional record that includes:
a. The presenting problems b. The dates and purpose, if not self-evident, ofeach service contact c. The fee arrangement d. Any test or other evaluative results obtained e. Test data f. A copy of any test or other evaluative reportsprepared as part of the professional relationship g. Notation and results of formal contacts withother providers h. Authorizations, if any, by the client forrelease of records or information. |
(6) Maintenance and retention of records. |
|
|
2. How long should these records be maintained? |
To meet the requirements of these rules, but not necessarily for other legal purposes, the P or SP shall ensure that each data entry in the professional record is maintained for a period of not less than 5 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 12 years after the last date of service rendered. |
|
|
|
3. How should they be maintained? What about cases of withdrawal from practice, absence, emergency, or death? |
Shall store and dispose of written, electronic, and other records of clients in such a manner as to ensure their confidentiality. Licensees shall make plans in advance to facilitate appropriate transfer and to protect the confidentiality of records in the event of the P or SP’s withdrawal from positions or practice. Each licensee shall report to the board on the biennial registration (renewal) form the name, address, and telephone number of a psychologist or SP 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 |
|
|
|
Area 2: Professional ConductMaintenance & Retention of Records:
4. If complaint is filed, should psychologist provide a copy of client file/documents to the Board upon request? |
In the event a complaint has been filed, a P orSP shall provide the original or full copy of the client file or otherclient-identifiable documents to the board upon request, provided that therequest is accompanied by a copy of a release signed by the clientsTpv
|
|
|
|
Area 2: Professional Conduct |
1. Clarify any conflicts of interest (e.g., b/t client andemployer) - nature/direction of loyalties and responsibilities
2. Take "reasonable steps" to resolve unforeseenmultiple relationships (w/ regard for preserving the welfare of the person(s)w/ whom there is or was a professional psychological role. 3. Informed client - provide a truthful, understandable, andreasonably complete account of client's condition to the client or guardian/caretaker 4. Informed choice, confidentiality, and reasonable protectionfrom physical or mental harm/danger 5. Provide services (dx, tx, or personalized advice) ONLY incontext of professional rel. (NOT in public lectures/demos, mail, newspaper,articles, radio/TV, or other media) 6. Do NOT provide a professional recommendation or opinion w/o"substantial professional client information" 7. Do NOT exploit the trust/dependency of a client, supervisee,evaluee, or other 8. DON'T impose stereotypes - stay objective 9. NOT practice while impaired (e.g., judgment, competence, orobjectivity due to mental, emotional, physical, pharm, or substance)- if already in a rel, shall end roleappropriately and shall notify client/parties in WRITING, assist w/ obtainingother services 10. Provide continuity of care for foreseeable absences 11. Continuity of care for interruption of services (e.g.,illness, unavailability, relocation, death or client's relocation or financiallimitations, termination of employment w/ "Paramount consideration beinggiven to welfare of the client")- psychologist employing other psychologists isALSO obligated to make similar arrangements 12. Terminate when it is "reasonably" clear the clientis not benefiting & offer to help locate alternatives 13. Make a referral if client requests |
(C) Welfare of the client: |
|
|
Area 2: Professional Conduct |
1. Make financial arrangements clear to client prior to billing (preferably w/in 1st session, BUT NO LATER than end of 2nd session) - UNLESS contraindicated, psychologist bears burden of demonstrating that client was NOT harmed due to non-disclosure |
(D) Remuneration: |
|
|
Area 2: Professional Conduct
What should a psychologist NOT do in regards to financial arrangements (i.e., what would be "improper arrangements"? (4) |
1. Do NOT derive or solicit any monetary profit or personal gain from clients or immediate ex-clients (beyond payment) - but unsolicited token gifts are ok
2. Do NOT use professional rel. w/ client or immediate ex-client for personal gain for self, others, or organizations from sale/promotion of a non-psychology related product 3. Do NOT give, or receive, any commission, rebate, or other renumeration for referral w/o FULL disclosure in advance to the client of such an agreement 4. Do NOT bill for services that were not provided. MAY bill for missed appt. not canceled in advance, IF part of original financial arrangements |
(2) Improper arrangements:
(a) A psychologist or school psychologist shall neither derive nor solicit any form of monetary profit or personal gain as a result of his/her professional relationship with clients or immediate ex-clients, beyond the payment of fees for psychological services rendered. However, unsolicited token gifts from a client are permissible. (b) A psychologist or school psychologist shall 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) A psychologist or school psychologist shall neither 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) A psychologist or school psychologist shall 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. |
|
|
Area 2: Professional Conduct |
Exists when a P or SP is in a professional psychological role 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 P or SP. P and SP’s 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 |
(E) Multiple relationships. 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 |
|
|
Area 2: Professional Conduct
Unavoidable multiple relationships |
In some communities and situations, 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 P or SP 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 P or SP is prohibited form undertaking a professional psychological role in an emergency situation, including effecting an appropriate referral when necessary to foster the welfare of others. |
(1) In some communities and situations, 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 or school 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. |
|
|
Area 2: Professional Conduct
What types of "multiple relationships" are prohibited? (1-2 of 6) |
1. Anyone w/ whom one has engaged in sexual intercourse or other sexual intimacies
2. Anyone w/ whom one has had a familial, personal, social, supervisory, employment, or other relationship AND prof. psych. role results in exploitation, or impaired judgment, competence, or objectivity |
(2) Prohibited multiple relationships. The board prescribes that certain multiple |
|
|
Area 2: Professional Conduct
What types of "multiple relationships" are prohibited? (3-4 of 6) |
3. Engage in sex or sexual intimacies, or verbal/non-verbal conduct that is sexual in nature w/ any current client, supervisee, evaluee OR any person closely associated w/ such
4. Establish any personal, financial, employment, or other rel. w/ any current client, supervisee, or evaluee, OR any individual closely associated w/ such AND the role results in exploitation or impaired judgment, competence, or objectivity |
A psychologist or school psychologist shall not: (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 or school psychologist. |
|
|
Area 2: Professional Conduct
What types of "multiple relationships" are prohibited? (5-6 of 6) |
5. Have sex, sexual intimacies, or verbal/non-verbal conduct sexual in nature w/ ANY person w/ whom there has been a professional role w/ in the past 24 months
6. Establish any personal, financial, employment, or other rel. w/ any person w/ whom there has been a professional rel. in the past 24 months AND the role results in exploitation or impaired judgment, competence, or objectivity |
(i) 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 (ii) 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 or school psychologist. |
|
|
Area 2: Professional Conduct
Other considerations in regards to "multiple relationships" that are prohibited |
- CAN'T terminate or interrupt a professional role w/ any person for the purpose (expressed or implied) of entering into a sexual, personal, or financial rel. w/ that person or someone closely associated w/ that person
- 24 months rules - are extended "indefinitely" if person remains vulnerable to exploitation (2ndary to emotional, mental, or cognitive impairment) |
(d) A psychologist or school psychologist shall not terminate or interrupt a professional
role with any person for the purpose, expressed or implied, of entering into a sexual, personal, or financial relationship with that person or any individual closely associated with that person. (e) The prohibitions established in paragraphs 2 (b) and (c) of 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. |
|
|
Area 2: Professional Conduct |
1. Results and interpretations should be treated as confidential 5. Do NOT prepare personnel reports and recs based on test date secured solely by mail (UNETHICAL) - unless these are an integral part of a continuing client rel. w/ a company AND consulting psychologist has intimate knowledge of personnel situ and assured that written appraisals will be adequate and properly interpreted by the client (do NOT embellish reports w/ comprehensive analyses of subject's personality traits) 6. Choose ONLY appropriate tests and give them only for a justifiable purpose to the benefit of the client |
(F) Testing and test interpretation: |
|
|
Area 2: Professional Conduct
Appropriate conduct in regards to test security... |
- Do NOT reproduce or describe psychological tests/assessment devices in popular publications in a way that might invalidate them
- Reasonable efforts to maintain integrity and security of test materials (i.e., manuals, instruments, protocols, and test questions/stimuli) & assessment techniques consistent w/ law and contractual obligations - Does NOT include test data - Made up sample items are ok - Psychologist is responsible for security of psychological tests/devices/procedures used for instructional purposes |
(2) Test security. Psychological tests and other assessment devices shall not be reproduced or described in popular publications in ways that might invalidate the techniques. Test materials means manuals, instruments, protocols, and test |
|
|
Area 2: Professional Conduct
Appropriate conduct in regards to test interpretation... |
1. Test scores may be released to another person/organization ONLY in a manner that adheres to confidentiality
2. Test results/assessments are communicated in such a way to guard against miscommunication or misuse - when interpreting, take the following into account: purpose of test, test-taking abilities, other characteristics of the person being assessed (situational, personal, linguistic, cultural dif) that might affect prof. judgment, reduce accuracy of interp. - indicate significant limitations of interpretations! 3. Respect client's or guardian's right to know the results, interpretations, conclusions, and bases for recommendations |
(3) Test interpretation. |
|
|
Area 2: Professional Conduct |
Info revealed by an individual(s) or obtained by a psychologist/school w/ "reasonable expectation" that it was revealed/obtained as result of the professional rel. b/t individual(s) and psychologist
- NOT to be disclosed w/o informed consent of the individual(s) |
(G) Confidentiality: |
|
|
Area 2: Professional Conduct
How should psychologists handle confidential information when... (7 total) a. Providing services as part of a team b. In teaching, research, published reports c. Client is observed, recorded d. Others are working under psychologist e. Professional relationship with client has ended |
a. Take "reasonable steps" to ensure others are aware of the confidential nature of info and agree to abide by rules of confidentiality
b. "Reasonable care" to appropriately disguise material presented to prevent id of the client c. First inform the client, & if sensitivity requires it - obtain written consent d. Limit access to records and ensure that all persons working under one's authority comply with confidentiality e. Continue to treat all information as confidential |
(a) When rendering psychological services as part of a team or when interacting with
other appropriate professionals concerning the welfare of a client, a psychologist or school psychologist may share confidential information about the client provided that reasonable steps are taken to ensure that all persons receiving the information are informed about the confidential nature of the information being shared and agree to abide by the rules of confidentiality. (b) When any case report or other confidential information is used as the basis of teaching, research, or other published reports, a psychologist or school psychologist shall exercise reasonable care to ensure that the reported material is appropriately disguised to prevent client or subject identification. (c) A psychologist or school psychologist shall ensure that no diagnostic interview or therapeutic sessions with a client are observed or electronically recorded without first informing the client or the client's guardian and, where the sensitivity of the material requires it, obtaining written consent from same. (d) A psychologist or school psychologist shall limit access to client records and shall ensure that all persons working under his/her authority comply with the requirements for confidentiality of client material. |
|
|
Area 2: Professional Conduct
How should psychologists handle confidential information when... (7 total) f. More than one party has an appropriate interest in the professional services rendered i. Particularly important when.. ii. Imp. to clarify to client... |
In a situation in which more than one party has an appropriate interest in the professional services rendered by a P or SP to a client, the P or SP shall, to the extent possible clarify to all parties the dimensions of confidentiality and professional responsibility that shall pertain in the rendering of services
i. Such clarification is specifically indicated, among other circumstances, when the client is an organization or when the client has been referred by a third party ii. A P or SP shall clarify with the individual receiving services because of a 3rd party referral whether, and under what conditions – including costs, information or feedback will be provided to the individual receiving those psych services |
(e) A psychologist or school psychologist shall continue to treat all information regarding a client as confidential after the professional relationship between the psychologist or school psychologist and the client has ceased.
(f) In a situation in which more than one party has an appropriate interest in the professional services rendered by a psychologist or school psychologist to a client, the psychologist or school psychologist shall, to the extent possible, clarify to all parties the dimensions of confidentiality and professional responsibility that shall pertain in the rendering of services. (i) Such clarification is specifically indicated, among other circumstances, when the client is an organization or when the client has been referred by a third party. (ii) In accord with paragraphs (C)(3) and (F)(3)(c) of this rule, a psychologist or school psychologist shall clarify with the individual receiving services because of a third-party referral whether, and under what conditions-including costs, information or feedback will be provided to the individual receiving those psychological services. |
|
|
Area 2: Professional Conduct
Protecting confidentiality of clients |
a. To protect the interest of the client by encouraging free disclosure to the psychologist and preventing free disclosure to others
b. The CLIENT c. YES |
(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. The privilege is intended to protect the interest of the client by encouraging free disclosure to the licensed psychologist or the licensed school psychologist and by preventing such free disclosure to others. Thus, the client rather than the licensed psychologist or the licensed school psychologist holds and may assert the privilege. (b) Court decisions construing the scope of the physician-patient privilege, pursuant to section 2317.02 of the Revised Code, are applicable to this privilege between the licensed psychologist or licensed school psychologist and the client. |
|
|
Area 2: Professional Conduct
When (& under what conditions) may a psychologist disclose confidential information? (5) |
1. Testifying - IF informed consent by client, client voluntarily testifies, or if client/executor files claim against psychologist
2. W/OUT CONSENT, If disclosure necessary to protect against substantial risk of imminent serious harm inflicted by client on self or others (May ONLY disclose to appropriate authorities, potential victim, professional workers, or family of client) 3. If client provides informed WRITTEN consent 4. Court order 5. If laws require reporting of abuse of children and vulnerable adults |
(a) A psychologist or school 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 or school psychologist may be compelled to testify on the same subject; or if the client, the executor or administrator files a claim against the psychologist or school psychologist, such filing shall constitute a waiver of this privilege with regard to the care and treatment of which complaint is made. (b) Court decisions construing the scope of the physician-patient privilege, pursuant to section 2317.02 of the Revised Code, are applicable to this privilege between the licensed psychologist or licensed school psychologist and the client. (c) A psychologist or school psychologist may disclose confidential information without the informed written consent of a client when the psychologist or school 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 or school psychologist may disclose the confidential information only to appropriate public authorities, the potential victim, professional workers, and/or the family of the client. (d) A psychologist or school psychologist shall safeguard the confidential information obtained in the course of practice, teaching, research, or other professional duties. With the exceptions as required or permitted by statute, a psychologist or school psychologist shall disclose confidential information to others only with the informed written consent of the client. (e) At the beginning of a professional relationship a psychologist or school psychologist shall inform his/her client of the legal limit of confidentiality. To the extent that the client can understand, the psychologist or school psychologist shall inform a client who is below the age of majority or who has a legal guardian of the limit the law imposes on the right of confidentiality. When services are provided to more than one patient or client during a joint session (for example to a family or couple, or parent and child, or group), a psychologist or school psychologist shall, at the beginning of the professional relationship, clarify to all parties the limits of confidentiality. (f) A psychologist or school psychologist may release confidential information upon court order or to conform with state or federal laws, rules, or regulations. (g) A psychologist or school psychologist shall be familiar with any relevant law concerning the reporting of abuse of children or vulnerable adults. |
|
|
Area 2: Professional Conduct
When should a client be informed of confidentiality and legal limits of confidentiality? - What are 2 special circumstances regarding confidentiality? |
"At the beginning of a professional relationship."
- If a minor, or has legal guardian, MUST to "extent that client can understand"inform client re: limit of the law on confidentiality - When services provided to more than one client during a joint session (e.g. couples, family, group) - clarify to all parties the limits of confidentiality |
(e) At the beginning of a professional relationship a psychologist or school
psychologist shall inform his/her client of the legal limit of confidentiality. To the extent that the client can understand, the psychologist or school psychologist shall inform a client who is below the age of majority or who has a legal guardian of the limit the law imposes on the right of confidentiality. When services are provided to more than one patient or client during a joint session (for example to a family or couple, or parent and child, or group), a psychologist or school psychologist shall, at the beginning of the professional relationship, clarify to all parties the limits of confidentiality |
|
|
Area 2: Professional Conduct |
1. Limit practice to areas where competence is been gained thru educ., training, experience
- assist client in obtaining additional help 2. Exercise "sound judgment" in determining areas of competence - WILL be held to SAME standard of care w/in that specialty 3. Thru continuing educ., consultation, and/or other training (in conformance w/ other standards of scientific and professional knowledge) 4. Engage in ongoing consultation, seek continuing education, inform client of innovative nature of tx/service and known risks |
(H) Competence: |
|
|
Area 2: Professional Conduct
Competency 5. What if working under school psychologist license? 6. When to refer? 7. What if client is already receiving psychological assistance from another professional? |
5. If he/she does not also hold a psychologist license - should NOT practice beyond scope of school psychologist license
6. When referral is in the best interests of the client 7. Do NOT establish or offer to establish a continuing tx relationship with him/her, EXCEPT with the knowledge of the other professional OR after termination of the client's relationship with that professional |
(5) Limits on practice under school psychologist license. A school psychologist who |
|
|
Area 2: Professional Conduct |
1. Do NOT violate any application statute or administrative rule regulating the practice of psychology
2. Do NOT use fraud, misrepresentation, or deception in i. obtaining a license or passing licensing exam, ii. in assisting another to obtain a license or pass licensing exam, iii. in billing clients or 3rd party payors iv. in providing services v. in reporting results of those services vi. or in any other activity related to the practice of psychology |
(J) Violations of law: |
|
|
Area 2: Professional Conduct
What should a psychologist NOT do? (e.g., to avoid aiding illegal practice) |
1. Do NOT aid another person in misrepresenting credentials or illegally engaging in psychology
2. Do NOT delegate to someone who is not qualified or appropriately credentialed 3. Do provide appropriate supervision of supervisees |
(J) Aiding illegal practice: |
|
|
Area 2: Professional Conduct |
- When: "substantial reason" to believe another licensee or supervisee has 1. committed a violation of statutes or rules, 2. that has substantially harmed, or is likely to, a person or organization
How: In Writing EXCEPT: if information obtained during professional rel., may ONLY report it with written permission of client - ALSO, advise client of the name, address, and # of state board and of client's right to file a complaint "take reasonable efforts to guide and/or facilitate the client in the complaint process" |
(4) Reporting of violations to board. A psychologist or school psychologist who has |
|
|
Area 2: Professional Conduct
Are the supervision rules of the Administrative Code considered part of professional conduct? |
YES
|
(K) Supervision. Rules 4732-13-01, 4732-13-02, 4732-13-03, and 4732-13-04 of the Administrative Code, pertaining to supervision of persons performing psychological or school psychological work, shall be considered as a part of these rules of professional conduct.
|
|
|
THIS IS "I" under PROFESSIONAL CONDUCT Define Telepsychology: (5) |
1) Defined as preactice of psychology or sch psych including supervision, by distance communication (e.g., by telephone; email; internet; videoconferencing) 2) to practice must hold valid license by BOP or be registered supervisee of a licensee being delegated in telepsych 3) cannot provide services for clients that live outside of ohio; licensee bears responsibility for complying with laws, rules, policies for telepsych set by jurisdictional Boards 4) must compy w/ rules of professional conduct & state/federal statutes applying to the practice of psychology & sch psych 5) must estab. & maintain current competence in practice of telepsych thorough continuing education, consultation, etc. 6)Not appropriate for all psychological problems, clients, & decisions are made on a case by case basis. Must be aware that there are addional risks in the practice of telepsych and ensure client's welfare is paramount
|
(I) Telepsychology: (1) "Telepsychology," pursuant to paragraph (S) of rule 4732-3-01 of the Administrative Code, means the practice of psychology or school 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. (2) 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. (3) Licensees understand that this rule does not provide licensees with authority to practice telepsychology in service to clients domiciled in any jurisdiction other than Ohio, and licensees bear responsibility for complying with laws, rules, and/or policies for the practice of telepsychology set forth by other jurisdictional boards of psychology. (4) Licensees practicing telepsychology shall comply with all of these rules of professional conduct and with requirements incurred in state and federal statutes relevant to the practice of psychology and school psychology. (5) Licensees establish and maintain current competence in the professional practice of telepsychology through continuing education, consultation, or other procedures, in conformance with prevailing standards of scientific and professional knowledge. Licensees establish and maintain competence in the appropriate use of the information technologies utilized in the practice of telepsychology. |
|
|
Licensees practicing telepsychology shall? (7) |
1. Consider and document findings specific to: a. Whether the client’s presenting problems andapparent condition are consistent with the use of telepsychology to theclient’s benefit b. Whether the client has sufficient knowledge andskills in the use of the technology involved in rendering the service 2. Not provide telepsychology services to anyperson or persons when the outcome of the analysis is inconsistent with thedelivery of telepsychology services, whether related to clinical ortechnological issues 3. Upon initial and subsequent contacts with theclient, make reasonable efforts to verify the identity of the client 4. Obtain alternative means of contacting theclient 5. Provide to the client alternative means ofcontacting the licensee 6. Establish a written agreement relative to the client’saccess to face-to-face emergency services in the client’s geographical area, ininstances such as, but not limited to, the client experiencing a suicidal orhomicidal crisis 7. whenever feasible, use securecommunications with clients; such as encrypted text messages via email orsecure websites and obtain and document consent for the use of non-securecommunications (1. Discover findings for appropriateness of caseand client’s level of tech savvy 2. Investigate if findings are inconsistent withtelepschology 3. Make reasonable efforts to verify id 4. Obtain alt contact 5. Provide alt contact 6. Written agreement re: face to face contact ifemergency 7. Secure communication, obtain release for nonsecure communication) |
6) 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. Licensees practicing telepsychology are aware of additional risks incurred when practicing psychology or school psychology through the use of distance communication technologies and take special care to conduct their professional practice in a manner that protects the welfare of the client and ensures that the client's welfare is paramount. Licensees practicing telepsychology shall: (a) Consider and document findings specific to: (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. (b) Not provide telepsychology services to any person or persons when the outcome of the analysis required in paragraphs (I)(6)(a)(i) and (I)(6) (a)(ii) of this rule is inconsistent with the delivery of telepsychology services, whether related to clinical or technological issues. (c) Upon initial and subsequent contacts with the client, make reasonable efforts to verify the identity of the client; (d) Obtain alternative means of contacting the client; (e) Provide to the client alternative means of contacting the licensee; (f) Establish a written agreement relative to the client's access to face-to-face emergency services in the client's geographical area, in instances such as, but not necessarily limited to, the client experiencing a suicidal or homicidal crisis; (g) Licensees, whenever feasible, use secure communications with clients, such as encrypted text messages via email or secure websites and obtain and document consent for the use of non-secure communications. |
|
|
(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: |
In client's native language relative to... a. The limitations and innovative nature of usingdistance technology in the provision of P or SP services b. Potential risks to confidentiality ofinformation due to the use of distance technology c. Potential risks of sudden and unpredictabledisruption of telepsychology services and how an alternative means of re-establishingelectronic or other connection will be used under such circumstances d. When and how the licensee will respond toroutine electronic messages e. Under what circumstances the licensee andservice recipient will use alternative means of communications under emergencycircumstances f. Who else may have access to communicationsbetween the client and the licensee g. Specific methods for ensuring that a client’selectronic communications are directed only to the licensee or supervisee h. How the licensee stores electroniccommunications exchanged with the client
|
(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; (7) Ensure that confidential communications stored electronically cannot be recovered and/or accessed by unauthorized persons when the licensee disposes of electronic equipment and data; (8) When the primary treatment modality is face-to-face psychological services the following are exempt from this rule: (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. |
|
|
Whenthe primary treatment modality is face-to-face psychological services thefollowing are exempt from this rule:
|
1. Electronic communication used exclusively forappointment scheduling, billing, and/or the establishment of benefits and eligibilityfor services
2. Telephone or other electronic communicationsmade for the purpose of ensuring client welfare in accord with reasonableprofessional judgment |
|
