Ohio Psychology Oral Jurisprudence Exam - Area 3 (2015)

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Area 3: Other Psychology Board Laws and Rules

Definitions
Define: Psychologist

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Any person that claims any title or description of services incorporating the following: "psychologic," "psychological," "psychologist", "psychology", or any other term that implies that one is trained experienced or an expert in the field of psychology

Hint 1

(A) "Psychologist" means any person who holds self out to the public by any title or description of services incorporating the words "psychologic," "psychological," "psychologist," "psychology," or any other terms that imply the person is trained, experienced, or an expert in the field of psychology.

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Definitions

1. Define: "Practice of Psychology" or "Psychological Role"

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1. Rendering or offer to render to individuals, groups, organizations, or the public - any service that involves assessment, diagnosis, prevention, tx, or amelioratation (to make better) of psychological problems, emotional/mental disorders

2. the assessment or improvement of psychological adjustment or functioning of individuals/groups - whether or not there is a diagnosable pre-existing psychological problem.

* includes practice of school psychology

DOES NOT include teaching or research (unless is involves matters in which client welfare is directly affected)

- includes but is not restricted to the use of the terms "psychologist" or "school psychologist" and/or exercise of professional judgments of dx, P or SP prescription, or P or SP client supervision

Hint 2

(B) "The practice of psychology" means rendering or offering to render to individuals, groups, organizations, or the public any service involving the application of psychological procedures to assessment, diagnosis, prevention, treatment, or amelioration of psychological problems or emotional or mental disorders of individuals or groups; or to the assessment or improvement of psychological adjustment or functioning of individuals or groups, whether or not there is a diagnosable pre-existing psychological problem. Practice of psychology includes the practice of school psychology. For purposes of this chapter, teaching or research shall not be regarded as the practice of psychology, even when dealing with psychological subject matter, provided it does not otherwise involve the professional practice of psychology in which patient or client welfare is directly affected.

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Definitions

Define: "Psychological procedures"

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Includes (but are not restricted) to application of principles, methods, or procedures of understanding, predicting, or influencing behavior,

- such as the principles of learning, conditioning, perception, motivation, thinking, emotions, or interpersonal relationships

- methods or procedures of verbal interaction, interviewing, counseling, beh. modification, environmental manipulation, group process, psychological psychotherapy, or hypnosis;

- and the methods or procedures of administering or interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions,

or motivation.

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(C) "Psychological procedures" include but are not restricted to application of principles, methods, or procedures of understanding, predicting, or influencing behavior, such as the principles pertaining to learning, conditioning, perception, motivation, thinking, emotions, or interpersonal relationships; the methods or procedures of verbal interaction, interviewing, counseling, behavior modification, environmental manipulation, group process, psychological psychotherapy, or hypnosis; and the methods or procedures of administering or interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions, or motivation.

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Definitions

Define: "School Psychologist"

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Any person who holds self out to the public by any title or description of services with the words "school psychologist" or "school psychology," -or-

Who says they are trained, experienced, or an expert in the practice of school psychology

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(D) "School psychologist" means any person who holds self out to the public by any title or description of services incorporating the words "school psychologist" or "school psychology," or who holds self out to be trained, experienced, or an expert in the practice of school psychology.

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Definitions

Define: "Practice of School Psychology"
- Does NOT include:

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Rendering or offering to render to individuals, groups, organization, or the public any of the following:
(1) Evaluation, dx, or test interpretation limited to assessment of intellectual ability, learning patterns, achievement, motivation, or personality factors directly related to learning problems in an educational setting
(2) Counseling services for children or adults for amelioration or prevention of
educationally related learning problems;
(3) Educational or vocational consultation or direct educational services.

-Does NOT include industrial consultation or counseling services to clients undergoing
vocational rehabilitation.

Hint 5

(E) "Practice of school psychology" means rendering or offering to render to individuals, groups, organizations, or the public any of the following services:

(1) Evaluation, diagnosis, or test interpretation limited to assessment of intellectual ability, learning patterns, achievement, motivation, or personality factors directly related to learning problems in an educational setting;

(2) Counseling services for children or adults for amelioration or prevention of educationally related learning problems;

(3) Educational or vocational consultation or direct educational services. This does not include industrial consultation or counseling services to clients undergoing vocational rehabilitation.

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Definitions

1. Define: "Licensed psychologist"
2. Define: "Licensed School Psychologist"
3. Define: "Certified school psychologist"

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1. An individual holding a current, valid license to practice psychology issued under the Revised Code.
2. An individual holding a current, valid license to practice school psychology issued under the
Revised Code.
3. An individual holding a current, valid school psychologist certificate issued under division (M) of the
Revised Code.

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Definitions

1. Define: "Mental health professional"
2. Define: "Mental Health Service"

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1. An individual who is licensed, certified, or registered under the Revised Code, or otherwise authorized in this state, to provide mental health services for compensation, remuneration, or other personal gain.
2. A service provided to an individual or group of individuals involving the application of medical, psychiatric, psychological, counseling, social work, or nursing principles or procedures to either of the following: assessment, dx, prevention, tx of mental, emotional, psychiatric, psychological, or psychosocial disorders as described in DSM V (also assessment or improvement of previous issues regardless pre-existing dx disorder/disease)

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Registering one's license with the board

1. When?
2. How?
3. What info?
4. Fee
5. What if licensed for the 1st time (before Aug. 31st) in an even numbered year?

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1. On or before Aug. 31st of each even-numbered year
2. On a form prescribed by the board
3. Name, address, license #, continuing education required by Revised code, and other "reasonable information the board requires"
4. Not to exceed $350
5. Not required to register until the next even-numbered year

Hint 8

On or before the thirty-first day of August of each even-numbered year, each person
licensed by the state board of psychology shall register with the board on a form prescribed by the board, giving the person's name, address, license number, the continuing education information required by section 4732.141 [4732.14.1] of the Revised Code, and such other reasonable information as the board requires, and pay to the board secretary a biennial registration fee in an amount determined by the board, but not to exceed two hundred seventy-five dollars in fiscal year 2000 and three hundred fifty dollars in each fiscal year thereafter. A person licensed for the first time on or before the thirty-first day of August of an even-numbered year shall next be required to register on or before the thirty-first day of August of the next even-numbered year.

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Registering one's license with the board

1. When will secretary send a notice to register?
2. Where will this notice be sent?
3. What if I don't remember to register?
4. What if a psychologist is on active duty?

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1. Before 1st day of Aug. of each even-numbered year
2. Last known address (MUST notify secretary of any change in psychologist's office address or employment within 90 days of change)
3. Secretary will send a 2nd notice before the Sept. 15th, and license will be automatically suspended if registration fee not paid or form not received on or before Sept. 30th!
Within 5 yrs, board may reinstate license upon payment of the current registration fee + penalty (not >$50) + current registration form
5. Board may waive payment of registration fee and completion of continuing educ. If active duty in the US armed forces

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Before the first day of August of each even-numbered year, the secretary shall send a notice to each licensed psychologist and licensed school psychologist, whether a resident or not, at the licensed psychologist's or licensed school psychologist's last known address, that the licensed psychologist's or licensed school psychologist's biennial registration form and fee are due on or before the last day of August. Before the fifteenth day of September of such years, the secretary shall send a second notice to each such person who has not paid the registration fee or registered with the board as required by this section. A license of any licensed psychologist or icensed school psychologist shall automatically be suspended if the biennial registration fee is not paid or the registration form is not received on or before the thirtieth day of September of a renewal year. Within five years thereafter, the board may reinstate any license so suspended upon payment of the current registration

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Grounds for Denial, Suspension, or Revocation

(A) The state board of psychology may refuse to issue a license to any applicant, may issue a reprimand, or suspend or revoke the license of any licensed psychologist or licensed school psychologist, on any of the following grounds:

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1. Using fraud or deceit in getting licensed or in assisting another in getting licensed

2. Negligence

3. Willful, unauthorized breaking of confidentiality

4. Practicing in an area in which one is clearly untrained or incompetent

5. Violating rules of professional conduct

6. Accepting commissions, or rebates for referrals or other remuneration (fee for service) to other professionals

7. Waiving payment or any part of deductible or copayment (re: health ins. Plan/contract/plan) if used as an enticement

8. Advertising that the deductible or copayment (or any part) will be waived

9. Substance use (to extent of impaired ability to perform work)

10. Conviction of a felony, or any offense involving moral turpitude

11. Adjudication by a court that one is incompetent (can only be restored by the court’s determination of competence, board may require examination before reissuing/restoring license)

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(A) The state board of psychology may refuse to issue a license to any applicant, may issue a reprimand, or suspend or revoke the license of any licensed psychologist or licensed school psychologist, on any of the following grounds: (1) Conviction of a felony, or of any offense involving moral turpitude, in a court of this or any other state or in a federal court;

(2) Using fraud or deceit in the procurement of the license to practice psychology or school psychology or knowingly assisting another in the procurement of such a
license through fraud or deceit;
(3) Accepting commissions or rebates or other forms of remuneration for referring
persons to other professionals;
(4) Willful, unauthorized communication of information received in professional
confidence;
(5) Being negligent in the practice of psychology or school psychology;
(6) Using any controlled substance or alcoholic beverage to an extent that such use
impairs the person's ability to perform the work of a psychologist or school
psychologist with safety to the public;

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Grounds for Denial, Suspension & Revocation

1. When are waiving of fees acceptable?

2. What has to happen before a license can be revoked?

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1. (a) When in compliance with a health benefit plan that expressly allows such a practice (i.e., waiving fees) AND ONLY with full knowledge and consent of plan purchaser, payer, and 3rd party administrator OR (b) When services provided for any other person licensed

2. Written charges filed w/ the Board by the secretary ANDY hearing held in accordance w/ Chapter 119 of revised code

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(12) Notwithstanding divisions (A)(10) and (11) of this section, sanctions shall not be imposed against any licensee who waives deductibles and copayments:
(a) In compliance with the health benefit plan that expressly allows such a practice. Waiver of the deductibles or copays shall be made only with the full knowledge and consent of the plan purchaser, payer, and third-party administrator. Such consent shall be made available to the board upon request.
(b) For professional services rendered to any other person licensed pursuant to this
chapter to the extent allowed by this chapter and the rules of the board.chapter to the extent allowed by this chapter and the rules of the board.

(B) Except as provided in section 4732.171 [4732.17.1] of the Revised Code, before the board may deny, suspend, or revoke a license under this section, or otherwise discipline the holder of a license, written charges shall be filed with the board by the secretary and a hearing shall be had thereon in accordance with Chapter 119. of the Revised Code.

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School Psychologists (special considerations)

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May be credentialed with educator licenses rather than certificates, from the state board of education (certificates may continue in effect until upgraded)

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(A) As used in agency-level 4732 of the Administrative Code, the terms
"psychologist," "the practice of psychology," "psychological procedures," "school
psychologist," "practice of school psychology," "licensed psychologist," "licensed
school psychologist," and "certificated school psychologist" have the same meanings
as set forth in section 4732.01 of the Revised Code. Effective July 1, 1998, school
psychologists may be credentialed with educator licenses, rather than certificates,
from the state board of education, pursuant to section 3319.22 of the Revised Code.
Certificates may continue in effect until upgraded.

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1. Define: "psychological or school psychological dx"
2. Define: "psychological or school psychological prescription"

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1. the determination, after
study, analysis, and description, that a problem is a psychological problem.
2. the determination of which
psychological procedures should be applied for the prevention, treatment or amelioration of psychological problems.

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(1) "Psychological or school psychological diagnosis" is the determination, after
study, analysis, and description, that a problem is a psychological problem.
(2) "Psychological or school psychological prescription" is the determination of which
psychological procedures should be applied for the prevention, treatment or
amelioration of psychological problems.

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Define: "psychological or school psychological client supervision"

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The determination of when, in what sequence, and to what degree particular approaches for dealing with the psychological problem of the client shall be initiated, continued, or discontinued.
May include:
- Eval and management of psych. effects to determine of medications might be helpful (and referring to a physician if needed and in best interest of client)
- Evaluate and monitor effects of medication to determine psychological fx, in consultative relationship w/ prescriber

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(3) "Psychological or school psychological client supervision" is the determination of
when, in what sequence, and to what degree particular approaches for dealing with
the psychological problem of the client shall be initiated, continued, or discontinued.
It may include the evaluation and management of patients and psychological effects
to determine if prescribed medications might be helpful in alleviating their
psychological symptoms and referring a client to a physician for prescription
medication(s) if that is in the best interest of the client. When a client is on a
prescribed medication, the psychologist may evaluate and monitor the psychological
effects of that medication to determine the psychological effects of such medications
on the patient, in a consultative relationship with the prescribing physician.

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Define: "consultative relationship" (as it applies to physician)

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1) Shallmean that when a LP judges the medical problems of her client to warrantmedical attention, he will either determine that the client is under themedical care of a physician or offer to assist the client to obtain the medicalhelp of an appropriate physician, and shall consult with that physician as thepsychologist deems necessary for the client’s welfare
2) Does NOT mean physician is to "supervise" licensed psychologist or be source of referrals of patients/clients to psychologist
3) May include evaluating and managing psychological effects of medication and reporting as appropriate for the welfare of the client

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(C) "Consultative relationship" with a physician licensed to practice medicine, as used
in section 4732.20 of the Revised Code: (1) Shall mean that when a licensed psychologist judges the medical problems of his/her client to warrant medical attention, he/she will either determine that the client is under the medical care of a physician or offer to assist the client to obtain the medical help of an appropriate physician, and shall consult with that physician as the psychologist deems necessary for the client's welfare, consonant with section
4732.19 of the Revised Code, relative to privileged communication.
(2) Shall not be interpreted to imply that the physician is to supervise the licensed
psychologist or is necessarily to be the source of referrals of patients/clients to the licensed psychologist.
(3) May include evaluating and managing the psych fx of meds and reporting as appropriate for the welfare of the patient

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Define: "evaluee"

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A person evaluated by a psychologist or school psychologist pursuant to a third
party referral from a court, other adjudicative body, or other agency or organization when the referring party might serve as the client for the purpose of receiving a report of services specific to the person(s) evaluated.

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Which psychological procedures are considered a "serious hazard to mental health" and require professional expertise in psychology? (13)

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1. Diagnosis

2. Prescription

3. Client supervision

4. Sensitivity training

5. Confrontation groups
6. Hypnotic techniques for dx, tx, or other
7. Intelligence testing, cognitive processing
8. Personality evaluation
9. Individual and group psychological psychotherapy
10. Psychological behavior psychotherapy (implosive therapy, aversive therapy, desensitization)
11. Couples and family psychotherapy
12. Psychological psychotherapy for sexual dysfunction or disorders
13. Psychological pharmacological consultation

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(B) The board judges, that the following psych procedures are a serious hazard to mental health and require professional expertise in psychology:
(1-3) Psychological and school psychological diagnosis, prescription, and client supervision
(4) Sensitivity training
(5) Confrontation groups
(6) Hypnotic techniques for diagnostic, treatment, or other psychotherapeutic purposes
(7) Individual intelligence testing, assessment of cog processing, or
determination of individual intelligence
(8) Personality evaluation
(9) Individual and group psychological psychotherapy
(10) Psychological behavior psychotherapy such as, but not limited to, implosive therapy, aversive therapy, and desensitization
(11) Couples and family
(12) Sexual dysfx or disorders
(13) Pharmacological consultation

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1. When can others regulated under other sections of the Revised Code use hazardous psychological procedures when consistent with their professions?
2. What is the scope of the rules on psychological procedures which create serious hazard to mental health?

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1. ONLY when they do NOT hold themselves out to the public by the title "psychologist" or describe services offered as "psychologic," "psychological," "or "psychology"
2. Applies only to those who do not hold a license granted by the board and who are not exempted from the licensure requirements & who use psychological procedures for compensation or other personal gain

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4732-5-01 Psychological procedures which create a serious hazard to mental health and require professional expertise in psychology. (A) Consistent with division (B) of section 4732.23 of the Revised Code, persons regulated under other sections of the Revised Code can use hazardous psychological procedures when consistent with their professions, provided they do not hold themselves out to the public by the title "psychologist." As defined in division (A) of section 4732.01 of the Revised Code, using the terms "psychologic," "psychological," or "psychology" in describing the services offered constitutes holding oneself out to the public as a psychologist even though use of the procedures under other names may be permitted, as provided by law.

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Scope of psychological procedures which create a serious hazard to mental health and require professional expertise in psychology; exemptions from licensure requirements:*The scope of these rules concerns solely the implementation of the board’s rule-making authority. These rules apply to those persons who do not hold a license granted by this board and who are not exempted from the licensure requirements and who utilize psychological procedures for a compensation or other personal gain

Who is exempt from licensure requirements? (1-2 of 11)

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1. Educational licensed or certificated school psychologist while practicing within the scope of employment by board of education or private school

2. Non residents temporarily employed in state (no more than 30 days--approval by board)

3. Unlicensed working under licensed psychologist

4. Students in accredited educational institution working under licensed psychologist in course of study

5. Federal government employees (completing duty)

6. Duly ordained minister

7. Other licensed, certified, registered professional working within scope

8. Teachers (not in clinical capacity)

9. Researcher (no welfare affected)

10. Other people who offers service of a psychological nature as long as "psychologist" is not used and avoids procedures deemed to be a serious hazard to mental health

11. Social psychologist

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(B) Exemptions from licensure requirements include: (1) A certificated or educator licensed school psychologist while practicing school psychology within the scope of employment by a board of education or by a private school meeting the standards prescribed by the state board of education under division (D) of section 3301.07 of the Revised Code, or while acting as a school psychologist within the scope of employment in a program for persons with mental retardation and/or developmental disabilities established under section 5126.06 of the Revised Code; (2) A nonresident temporarily employed in this state to render psychological services for not more than thirty days a year who successfully submits a board-prescribed application prior to practicing in Ohio and who, in the opinion of the board, meets the standards for admission to the psychology examination as described in rule 4732-9-01 of the Administrative Code and who holds whatever license or certificate, if any, is required for such practice in his/her home state or home country; however, a nonresident providing the board with evidence from the “Association of State and Provincial Psychology Boards” that he/she holds an active inter-jurisdictional practice certificate (IPC) shall be deemed to qualify for permission to practice under this paragraph; nonresidents shall have authorization to practice for not more than thirty days yearly upon written authorization granting the nonresident permission to practice;