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299 Cards in this Set

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  • Back
  • 3rd side (hint)
How Many Questions on the Fla Laws & Rules Exam are Based on the Psych Services Act?
9
Section 1: Part A
Psychological Services Act
You must get ---- out of ---- questions correct on the exam to pass the Fla Laws & Rules Exam.
32 correct
Out of 40 questions
(80% score)
Section 1: Part A
Psychological Services Act
The Board will close your licensure application, if you do not successfully pass both national and state exams within ---- months of receiving the letter approving you for examination.
24 months
Section 1: Part A
Psychological Services Act
A passing score on the Fla laws & rules exam will cease to be valid after --- months following the letter saying you have passed.
18 months
Section 1: Part A
Psychological Services Act
Chapter 490 of Fla Laws & Rules is also known as the ---------------------
"Psychological Services Act"
Section 1: Part A
Psychological Services Act
Four primary facts laid out in the "legal intent" for the Psychological Services Act
1) emotional survival equally important to physical survival
2)provide privileged communication for public to encourage psych services
3) emotional survival impacts physical survival
4) practice by unqualified persons is a public health danger
Section 1: Part A
Psychological Services Act
What changed about how doctoral psych education is defined and when?
July 1999
no longer includes psychology programs that are comparable to those accredited (only those that are actually accredited)
Section 1: Part A
Psychological Services Act
What degrees are included in the definition of a doctoral psych education?
PsyD
EdD
Phd
Section 1: Part A
Psychological Services Act
What 2 things must be accredited to be considered "doctoral level psych education"?
The educational institution and the psychology program.
Section 1: Part A
Psychological Services Act
What 2 things are not important in defining a practice as the practice of psychology?
1- the place of service
2- whether payment is received/requested
Section 1: Part A
Psychological Services Act
The 4 primary practices included in the practice of school psychology.
1-Assessment
2-Counseling
3-Consultation
4-Development of Programs
Section 1: Part A
Psychological Services Act
How many members sit on the Board of Psychology?
Who makes up these members?
7 members;
5=licensed psych in good standing
2=consumer members (in no way connected to the psych);
at least one must be 60yrs or older
Section 1: Part A
Psychological Services Act
How long is the term of a Board member?
4 years
Section 1: Part A
Psychological Services Act
Where are the Board's headquarters?
Tallahassee
Section 1: Part A
Psychological Services Act
What is the maximum fee allowable for the application to licensure? the examination fee?
both have a maximum nonrefundable fee amount of $500.
Section 1: Part A
Psychological Services Act
What are the experience requirements for the psychology licensure application?
2 years or 4,000 hrs of experience under the supervision of a licensed psychologist.
Section 1: Part A
Psychological Services Act
What are the maximum application and examination fees for school psychologists?
each are $250 (nonref.)
Section 1: Part A
Psychological Services Act
What are the experience requirements for the school psychology licensure application?
3 years experience in school psych, 2 of which must be supervised by a licensed school psychologist (includes doctoral internship).
Section 1: Part A
Psychological Services Act
Your application will be closed if you cannot pass the examinations required within this time frame.
24 months.
Section 1: Part A
Psychological Services Act
How long can you use a provisional license and under what circumstances?
Provisional Licenses expire in 24 months and may NOT be reissued/renewed.
Licensee must work under the supervision of a licensed psychologist until receives letter stating that s/he is licensed.
Section 1: Part A
Psychological Services Act
3 types of people eligible for Licensure by Endorsement (and what limits eligibility for all).
(1) licensed in another state where reqs were equivalent or stricter that in Fla at the time of licensure.
(2) A diplomate of ABPP
(3) Has doctorate and 20 yrs experience as lic. psych in another jurisdiction (over the most recent 25 year period)

NOTE - canNOT be under investigation for act that would constitute violation in Florida
Section 1: Part A
Psychological Services Act
Give examples of 3-4 words that are protected under law... only to be used when referring to someone with an active license.
1-psychologist
2-school psychologist
3-psychology, psychological, psychodiagnostic
4-psychotherapy (can be used by advanced nurse pract. who is a specialist in psychiatric mental health)
Section 1: Part A
Psychological Services Act
What titles must be displayed, and where?
*a true copy of the license (or provisional license) must be displayed at each place where profession is practiced

*all professional ads must say "licensed psychologist" or "provisional psychologist licensee"
Section 1: Part A
Psychological Services Act
When is it okay for an unlicensed person to practice juvenile offender therapy?
employed by Department of Juvenile Justice or DCF, with appropriate training, and supervised by licensed professional.
Section 1: Part A
Psychological Services Act
What are the restrictions (7) on a school psychologist practicing in the private sector?
1-inform in writing about free services in school district
2-client not a student in a school where psychologist is currently assigned
3-inform client that cannot function as an independent evaluator (b/c of dual role)
4-does not promise 24hr on-call services
5-doesn't do private work during contracted employment hrs
6-doesn't use school position to promote private prac services
7-doesn't utilize tests, etc. belonging to the school district.
Section 1: Part A
Psychological Services Act
A person who is not a resident of the state, is not licensed in this state, can provide services in this state under what circumstances?
1- no more than 5 days a month and 15 days a year
2-licensed elsewhere with equivalent requirements
Section 1: Part A
Psychological Services Act
2 practices that are okay without license - if person not claiming to be practicing psychology.
1-behavioral analysis
2-hypnosis (for nontherapeutic purposes)
Section 1: Part A
Psychological Services Act
3 instances of appropriate waiver of confidentiality.
1-licensee is defendant to a complaint filed by client
2-client agrees to waiver in writing
3-clear & immediate danger to client or others (confidentiality from victim/family/law enforcement are appropriately waived)
Section 1: Part A
Psychological Services Act
4 criteria for a specialty certifying board (like the ABPP).
1-national in scope with standards and close collaboration with prof. orgs.
2-clear purpose, bylaws, policies, etc.
3-Standards for specialty practice
4-Provide/Implement competency assessment (includes oral exam and peer review of practice samples - optional written exam too)
Section 1: Part A
Psychological Services Act
How many questions on the Fla Laws & Rules Exam are based on Chapter 64B19 (Florida Administrative Code)?
12 (the most questions of any section)
Section 1: Part B
Florida Administrative Code (64B19)
What consitutes excused absenced for Board Members?
1-court order
2-subpeona
3-death of a family member
4-self illness
5-hospitalization of immediate family

NOTE: any of these is considered unexcused if fails to notify the Board office of the impending absence prior to the meeting.
Section 1: Part B
Florida Administrative Code (64B19)
What does EPPP stand for?
Examination for Professional Practice in Psychology
Section 1: Part B
Florida Administrative Code (64B19)
What is a passing score for the EPPP?
Min. passing score is a scaled score of 500 (max. possible scaled score is 800).
This is the ASPPB recommended cut-off score following statistical equating based on the difficulty of any administration of the exam.
Section 1: Part B
Florida Administrative Code (64B19)
What are the 7 sections covered in the Fla Laws & Rules Exam?
1-Psych Services Act (Chapter 490)
2-Psychotherapist-patient privilege (Section 90.503)
3-Florida Mental health Act (Chapter 394)
4-Protection from Abuse, Neglect, Exploitation (Chapter 415)
5-Board of Psychology (Chapter 64B19)
6-Health Professions & Occupations: General Provisions (Chapter 456)
7-Proceeding Relating to Children (Chapter 39)
Section 1: Part B
Florida Administrative Code (64B19)
What is needed to prove Phd/PsyD/EdD in licensure application?
true copy of transcript sent directly to board
Section 1: Part B
Florida Administrative Code (64B19)
What is needed to prove an accredited psych program was attended in licensure application?
true copy of transcript sent directly to board
Section 1: Part B
Florida Administrative Code (64B19)
For prior to July 1999 - How would you prove comparable program to an accredited program in your licensure application?
a signed letter to the board from the director of an accredited psychology program enumerating documents reviewed and recognizing that comparable.
Section 1: Part B
Florida Administrative Code (64B19)
Criteria for comparing a psychology program outside US or without accreditation:
1-identified as psych program
2-recognizable org entity
3-integrated sequence of study
4-faculy has primary responsibility/authority
5-program director is psychologist
6-body of students with same core study
7-minimum 3 years of full-time study (18 credits per year) of which must be at same institution in full-time residence
8-supervised practicum at least 400 hours (75 hrs supervision)
9-certain courses required in the program
10-must require full year internship accredited by APA or meeting certain criteria
Section 1: Part B
Florida Administrative Code (64B19)
What does full-time residence mean for a psych program?
1-continuous access to faculty
2-to other students
3-to educational resources
4-to administration evaluations of educational process
5-continuous enrollment (2 out of 3 semesters) in classes on campus (not including internship)
Section 1: Part B
Florida Administrative Code (64B19)
What courses (9) are required at a doctoral psychology program to meet criteria (comparable to accreditation)?
1-Biological basis of behx
2-Cognitive-affective basis (learning/memory)
3-Social bases
4-Individual behavior (personality/development/abnormal)
5-Ethics/Standards
6-Research Design
7-Stats
8-Measurement
9-History & Systems of Psych
Section 1: Part B
Florida Administrative Code (64B19)
Of the 4,000 required experience hours - where do 2,000 come?
2,000 hours are recognized from the applicant's internship.
Section 1: Part B
Florida Administrative Code (64B19)
What titles are appropriate for a trainee when completing the 2,000 hr requirement post-internship?
Psychology Resident
or
Post-doctoral Fellow
Section 1: Part B
Florida Administrative Code (64B19)
What does a postdoctoral supervisor need to sign?
Co-sign consultation reports and summaries.
Can co-sign Progress Notes at their discretion.
Section 1: Part B
Florida Administrative Code (64B19)
Who is a "primary supervisor" for a postdoctoral fellow?
If there is more than one supervisor during a post-doctoral fellowship, the primary supervisor (1) enters into the agreement with the applicant for licensure and (2) integrates all of the applicant's supervisory experiences.
Section 1: Part B
Florida Administrative Code (64B19)
Regarding post-doctoral training experience, what are the following requirements related to:

1-duration of experience?
2-direct client hours?
3-amount of supervision?
1-averages at least 20 hrs week over 104 weeks OR no more than 40hrs a week over 52 weeks
2-require 900 hrs in direct client contact
3-at least 2 hrs supervision a week (at least 1 face-to-face)
Section 1: Part B
Florida Administrative Code (64B19)
The agreement between the supervisor and supervisee includes info about what?
1-supervisee's obligations
2-renumeration information
3-supervisor's responsibilities
Section 1: Part B
Florida Administrative Code (64B19)
What are the primary supervisor's responsibilities for supervision?
1-enter into agreement
2-determing the trainee is competent to provide safe services
3-maintain professional responsibility
4-provide 2 hrs of supervision
5-prevail in disagreements with residnet
6-stay informed of all trainee's services
7-advise board of any complaints or unethical suspicion
Section 1: Part B
Florida Administrative Code (64B19)
How long will the Board retain an incomplete application?
Board does not review incomplete apps.
Will retain app for one year following notice of its incompleteness -then file closed.
Section 1: Part B
Florida Administrative Code (64B19)
What do you do if due to illness/hardship you have not passed licensure exam (and will not pass in the 24 months required)?
can request (in writing) an extension up to 12 months (up to 36 months total)...must have made a good faith effort to comply
Section 1: Part B
Florida Administrative Code (64B19)
What kind of license can someone who is retired(or retiring in 6mos) apply for?
Limited License
Section 1: Part B
Florida Administrative Code (64B19)
What populations can someone with a limited license serve?
Underserved/Critical need populations only-which includes:
1-people living within 20 mile radius with no other psychologist
2-indigent people with dev. dis.
3-indigent immigrants
4-indigent Am. Indians in reservation
5-indigent adults over 59yo
Section 1: Part B
Florida Administrative Code (64B19)
When can someone applying for limited licensure avoid paying the $25 fee?
with a notarized statement from employer saying that they will not receive monetary compensation for practice of psychology.
Section 1: Part B
Florida Administrative Code (64B19)
What are the current relevant fees for "Licensure by Examination" set at?
1- $375 application fee
2- $150 laws & rules examination fee (same for reexamination)
3- $300 initial fee for licensure
Section 1: Part B
Florida Administrative Code (64B19)
What is the fee to review your Fla Laws & Rules Exam after you take it?
$150 (yes, it is the same as it costs to take the test or to take it over :-( )
Section 1: Part B
Florida Administrative Code (64B19)
What is the fee for Licensure By Endorsement?
$375 (same as for Licensure by Examination)
Section 1: Part B
Florida Administrative Code (64B19)
What is the fee for Biennial Renewal?
$400 whether active or inactive license
Note: only $25 for a limited license
Section 1: Part B
Florida Administrative Code (64B19)
What is the fee for reactivating an inactive or retired license?
$50
(pay with the "biennial renewal fee" or if done at another time must also pay "change of status fee"= $50)
Section 1: Part B
Florida Administrative Code (64B19)
If an active or inactive license is not renewed in time on a biennium, what will they have to pay?
a delinquency fee of $400
Section 1: Part B
Florida Administrative Code (64B19)
What are the fees required for a "Provisional License" set at?
$250 application fee
$500 initial licensure fee
Section 1: Part B
Florida Administrative Code (64B19)
What is the fee for retired status?
$50 retired status fee
(plus "change of status fee $50 - if done at any time other than at biennium renewal)
Section 1: Part B
Florida Administrative Code (64B19)
What 2 things are needed to renew an active license?
1- Binennial renewal licensure fee ($400)
2- Certification of 40 hrs of approved CE during the past biennium
Section 1: Part B
Florida Administrative Code (64B19)
What is required to maintain a license on inactive status?
1- the biennial renewal fee ($400)
2-statement that has not practiced psychology since on inactive status
Section 1: Part B
Florida Administrative Code (64B19)
Must provide dept with new addressed for ---- and ---- within ----- days.
1- current mailing address
2- primary place of practice

within 45 days (written or electronic notification)
Section 1: Part B
Florida Administrative Code (64B19)
9 ways to get CE credit.
1- APA approved/regionally accredited grad level courses (no more than 10 hrs per semester hour)
2-Colloquium/presentation offered for CE credit by accredited doctoral/internship program
3-Full attendance at APA or Board-approved workshop/seminar
4-Simple attendance at psychology convention (no more than 4 credits per biennium)
5-Diplomate status attained during biennium (up to 37 credits)
6-First-time presenting/moderating CE program (only as many credits as allowed by program)
7-Attendance at Board meeting (10 credits per biennium)-satisfied ethics req,
8- Psych Relevant CE courses provided by Division of Medical Quality Assurance
9- Volunteer expert witness. 2 hrs per case (max. 10 hrs per biennium)
Section 1: Part B
Florida Administrative Code (64B19)
Total number of CE hours required for biennial licensure renewal?
40
Section 1: Part B
Florida Administrative Code (64B19)
How many of the CE hours must be in professional ethics and rules affecting practice?
3
Section 1: Part B
Florida Administrative Code (64B19)
How many of the CE hours must be related to prevention of medical errors? What does this cover?
2
(covers the following root cause analysis, error prevention, patient safety, suicide risk, mandatory abuse reporting, medical conditions presenting as psych disorders)
Section 1: Part B
Florida Administrative Code (64B19)
How many CE credits do you get for passing the Fla Laws & Rules exam?
40 (including ethics hours - but not including prev. of med. errors req.)
Section 1: Part B
Florida Administrative Code (64B19)
For how long should CE credit documentation be kept by licensees?
2 years following the renewal period when they were required.
Section 1: Part B
Florida Administrative Code (64B19)
What are the 3 specific areas that special CE credits are required?
1- prev of med. errors
2- ethics and laws
3- domestic violence
Section 1: Part B
Florida Administrative Code (64B19)
What are the requirements for CE credits related to domestic violence?
Every 6 years (every 3rd biennial licensure renewal period), 2 CE hrs in domestic violence required.
Section 1: Part B
Florida Administrative Code (64B19)
What experience is needed by someone who will teach a course for CE credits?
2 years of education or research or practical application in the subject matter
Section 1: Part B
Florida Administrative Code (64B19)
What is the objective of CE courses required by the Board?
"Enhance psychological skills or knowledge" = increases ability of licensed psychologists to deliver services to the public. The course must assume a level of training in the audience beyond undergraduate level. Must introduce recent findings, encourage interdisciplinary approaches, focus on a specific area of expertise.
Section 1: Part B
Florida Administrative Code (64B19)
True or False:
A program designed to appeal tot he general public will generally be appropriate for psychology CE credits.
False, a program that will appeal to the general public will probably not enhance psychological skills or knowledge.
Section 1: Part B
Florida Administrative Code (64B19)
What (7 things) do CE providers have to submit to the board to be approved?
1- narrative description of program
2- promotional material
3- learning objectives
4- name of instructor
5- sample of program evaluation form
6- sample certificate of completion
7- $500 nonrefundable app fee
Section 1: Part B
Florida Administrative Code (64B19)
For how long do CE providers have to keep original evaluation documentation from participants in their programs?
3 years
Section 1: Part B
Florida Administrative Code (64B19)
How much notice do CE providers have to give the board of any change in their programs?
30 days
Section 1: Part B
Florida Administrative Code (64B19)
What is "one hr" of CE credit?
no less than 50 minutes of uninterrupted education.
Section 1: Part B
Florida Administrative Code (64B19)
What materials are adequate for "substantiating CE credit"?
1- APA certificate
2- instructor of grad class letter
3-approved-provider # & certificate
4- receipt for conference
5- certificate of diplomate status
6- bulletin listing you as presenter
7- letter from Board confirming your attendance
Section 1: Part B
Florida Administrative Code (64B19)
In what 3 ways can the board evaluate CE provider programs?
1- attending programs
2- reviewing provider's files
3- asking attendees to evaluate program for the board
Section 1: Part B
Florida Administrative Code (64B19)
If CE provider status is revoked, how long before the provider can reapply for provider status?
at least 2 years must pass since final order of revocation.
Section 1: Part B
Florida Administrative Code (64B19)
Requirements for reactivating a retired license which has been retired less than 5 years? which has been retired 5 years or more?
1-reactivation fee
2-biennial renewal fees for every period during retired status
3-any owed fees (change of status/delinquency fees)
4-proof of 40 CE credits for each biennial period in which the license was retired
5-proof of no disciplinary action taken against the licensee.

*if 5 years or more, also retake and pass the Florida laws and rules exam 12 months prior to applying for reactivation
Section 1: Part B
Florida Administrative Code (64B19)
Requirements for reactivating an inactive license?
1-reactivation fee
2-biennial renewal fees for every period during retired status
3-any owed fees (change of status/delinquency fees)
4-proof of 40 CE credits for each biennial period in which the license was retired
5-proof of no disciplinary action taken against the licensee.
Section 1: Part B
Florida Administrative Code (64B19)
What is the minimum number of people on a probable cause panel?
2 (at least one is a current Board member - others can be former Board members)
Section 1: Part B
Florida Administrative Code (64B19)
How many probable cause panel members can be lay people (non-licensed psych.)?
Only 1 member of the panel can be a lay member.
Section 1: Part B
Florida Administrative Code (64B19)
How are decisions made by the probable cause panel?
By majority vote
Section 1: Part B
Florida Administrative Code (64B19)
What is the intent of/reason for laws regarding sexual misconduct in the practice of psychology (3)?
1-clients are influenced by unequal distribution of power in relationship with psych. (beyond when services are rendered)
2-sexual intimacies with former clients are frequently harmful to client
3-sexual intimacies undermine public confidence in the profession & cause harm by deterring use of needed services.
Section 1: Part B
Florida Administrative Code (64B19)
Is a client capable of consenting to sexual activity regarding a psychologist? (Yes or No)
No. Not capable of valid, informed free consent to sexual activity. Client consent is not a defense against charges of sexual misconduct.
Section 1: Part B
Florida Administrative Code (64B19)
When is verbal or physical behavior which is sexually arousing or demeaning to the client acceptable (ONLY TIME-Not a Trick Question)?
1- for the purpose of treatment of a psycho-sexual disorder
2-complies with generally accepted professional standards for the treatment of that disorder
Section 1: Part B
Florida Administrative Code (64B19)
True or False: A formal contractual relationship, the scheduling of psych appointments, or payment/request of payment of fee for services determine whether or not a psychologist-client relationship exists.
False. Can be evidence that the relationship exists, but are not determinative of this issue!
Section 1: Part B
Florida Administrative Code (64B19)
Factors (11) for Board to consider in determining whether or not psychologist-client relationship has terminated (for purposes of determining if sexual misconduct occurred).
1- formal termination procedures
2- transfer of case to other psych
3- length of time since last visit
4- nature/duration of relationship
5- extent of client confiding private info
6- nature of client personal hx
7- degree of client emotional dependence
8- circumstances of termination
9- clients mental status
10- likelihood of adverse impact to client/others
11- statements/action during services suggesting/inviting potential for post-termination romantic/sexual relationship.
Section 1: Part B
Florida Administrative Code (64B19)
Post-termination, sexual conduct between psychologist and client is misconduct if...
it is the result of an exploitation of trust, knowledge, influence or emotions from the professional relationship.
Section 1: Part B
Florida Administrative Code (64B19)
Penalty for sexual misconduct includes.
restricted/limited practice, or
revocation/suspension of license
Section 1: Part B
Florida Administrative Code (64B19)
Penalties set forth by the board include what guidelines for the final order.
1- description of the violation
2- range of possible penalties
3- consider repetition and severity of violation
4- provide potential ameliorating and aggravating factors (which can result in a penalty outside of the provided range)
Section 1: Part B
Florida Administrative Code (64B19)
How much time will a person have to pay a fine imposed by the Board?
30 days
Section 1: Part B
Florida Administrative Code (64B19)
Do business cards or stationary count as professional advertising for a psychologist? (Yes or No)
No. Therefore, they do not require the words "licensed psychologist" on them.
Section 1: Part B
Florida Administrative Code (64B19)
If an advertisement is posted by the Yellow Pages and a psychologist does not pay for it (is not aware of it), are they liable for it not saying "licensed psychologist"?
The Board will not prosecute if they did not pay for it. However, if they become aware of it - they are responsible for preventing it in a future listing or paying for the additional words "licensed psychologist."
Section 1: Part B
Florida Administrative Code (64B19)
For which "minor" violations can the board choose to sen a "Notice of Noncompliance" before disciplinary action is taken?
1- failing to include "licensed psychologist" in ad
2- failing to respond within 30 days to written communication from dept.
3- failure to notify Board of current mailing address/place of practice after 45 days (but before 60 days)
Section 1: Part B
Florida Administrative Code (64B19)
Name 3-4 aggravating/mitigating factors that the Board can consider when assigning penalties.
1-danger to public
2-length of time
3-number of complaints
4- length of time licensee has practiced w/o complaint
5-actual damage to patient
6-deterrent effect of penalty
7-effect of penalty on licensee's livelihood
8-efforts of licensee toward rehab
9-actual knowledge of licensee pertaining to violation
10-attempts by licensee to correct/top violation (or refusal to)
Section 1: Part B
Florida Administrative Code (64B19)
Violations which may result in a citation require that the offense be corrected by the licensee within what timeframe?
30 days of citation.
Section 1: Part B
Florida Administrative Code (64B19)
Violations which may result in citation include all of the following except:

a) practicing on an inactive license more than 6 months

b)maintaining professional assoc with violator

c) failing to provide documentation of CE credits when requested

d) failure to display license

e) failure to report to board within 30 days being found guilty of a crime
(a) can receive a citation for up to 3 months on inactive license ($500), or 3-6 months using inactive license ($1000), but cannot use citation for someone who goes over 6 months using an inactive license.
Section 1: Part B
Florida Administrative Code (64B19)
Name offenses for which mediation can be used to address violation.
1- misleading ads
2- failing to explain nature of confidentiality provisions in place (e.g., in a compulsory forensic exam)
3- misrepresent credentials
4- failure to provide client with copies of requested report
5- failure to maintain confidence
6- failure to appropriately do evaluation (e,g., provide report consistent with referral questions, provide appropriate dx codes, etc.)
Section 1: Part B
Florida Administrative Code (64B19)
What is required to use the title "sex therapist"?

(a) only an active license in psychology
(b) a specialist certificate from an appropriate board (e.g,. ABPP)
(c) 50 hours of sex therapy training & a year of experience
(d) 150 hours of sex therapy training and training in psych health services.
(e) none of the above
(d). Requires training in the provision of psych health services AND 150 hours of education in the area of sex therapy
Section 1: Part B
Florida Administrative Code (64B19)
3 criteria for qualification to practice juvenile sexual offender therapy.
1- Florida licensed psychologist (or DJJ/DCF employee being supervised)

2-training in child behx, psychopath, assessmt/trt

3-30 hours of juvenile sex offender training
Section 1: Part B
Florida Administrative Code (64B19)
How many hours of training required to call yourself a juvenile sexual offender therapist?
30 hours
Section 1: Part B
Florida Administrative Code (64B19)
How many hours of training is required to practice hypnosis?
10 hours of education in basic hypnosis.
Section 1: Part B
Florida Administrative Code (64B19)
How is basic hypnosis defined?
Hypnosis for the purpose of stress management, self-hypnosis, guided imagery, or relaxation.
Section 1: Part B
Florida Administrative Code (64B19)
Exceptions from rule that says psychologist should not release test data.
1- release to another psychologist
2- by court order
3- otherwise required by law
Section 1: Part B
Florida Administrative Code (64B19)
What is considered test data that should not be released to the general public?
1- test protocol
2- test questions
3- assessment-related notes
4- answer sheets
Section 1: Part B
Florida Administrative Code (64B19)
Minimum standards of use of test instruments by a psychologist include these 4 requirements.
1- consider if research supports test's assumptions
2- justify the selection of that instrument for this case
3- integrate/reconcile test findings based on group norms with clinical findings
4- specifying name of all involved in testing and their role in testing report
Section 1: Part B
Florida Administrative Code (64B19)
What is a potential dual role of a psychologist serving in forensic psychological examination of minors for purposes of addressing custody?
guardian ad litems, mediators, or therapists - cannot also serve as forensic evaluator in such a case because of dual relationship.

They can provide factual information about the minor but NO OPINION about custody, residency, or visitation.
Section 1: Part B
Florida Administrative Code (64B19)
True or False: Client who is not paying for services waivers communication confidentiality to payor.
False. Regardless of who pays, client has reason to expect that communication is confidential.
Section 1: Part B
Florida Administrative Code (64B19)
Psychologist Records must Include these pieces of Information (4 basic / more additional).
1- basic identification info. for client
2- presenting sx/request
3- dates of services/types of service
4- financial transaction info.

Additional if applicable:
*test data
*med hx
*copies of correspondence
*notes about communication with others relevant to case
*sensitive matters like threats
*progress notes/actions during service sessions
Section 1: Part B
Florida Administrative Code (64B19)
Entries in Client records must be made within how much time?
10 days from rendering service (should indicate date of service and date of entry in record).
Section 1: Part B
Florida Administrative Code (64B19)
How long should Psych. Records be Kept by Psychologist?
3 years minimum - full records
4 additional years - summary of records

(psychologist not required to maintain if business entity agrees to maintain & retain confidentiality)
Section 1: Part B
Florida Administrative Code (64B19)
What is the procedure regarding note retention if psychologist is relocating or terminating psychological practice?
publish notice in newspaper weekly for 4 weeks with date of termination/relocation

provide address where records can be obtained.
Section 1: Part B
Florida Administrative Code (64B19)
What is the procedure regarding record retention when a psychologist dies?
executor/survivor/representative will retain records for at least 2 yrs, 2mos from death

post notice in newspaper within 1 month of death to run weekly for 4 weeks

provide address where they may obtain records

After 2 yrs from death, publish notice weekly for 4 weeks stating that records will be destroyed by certain date (at least 1 month away) and where to get records.
Section 1: Part B
Florida Administrative Code (64B19)
If client requests records, what are the psychologists options? What is the time frame?
1- provide copies of records to client or to another psychologist within 30 days can charge for copies

2-issue a report within 30 days and charge fee for preparing
Section 1: Part B
Florida Administrative Code (64B19)
What are examples of limits to the maintenance of confidentiality that are common?
1-when clinical records available to others who don't have consent such as in a hospital setting
2- in supervisory situation where supervisor will share confidential information.
Section 1: Part B
Florida Administrative Code (64B19)
True or False: Confidentiality does not apply to minors and legally incapacitated individuals who cannot give informed consent under the law.
False. While minors and incapacitated individuals cannot give consent under the law, they are still owed a duty of confidentiality.

This does not mean that psychologist can not share with guardians their evaluation, analysis, diagnosis or recommendations for the minor/legally incapacitated adult.
Section 1: Part B
Florida Administrative Code (64B19)
How many questions on the Florida Laws & Rules Exam come from the Health Professions & Occupations Provisions (Chapter 456)?
8 questions
Section 2: Part G:
Health Professions & Occupations
Rules made by the department or the board cannot affect the health professions in any of the following ways (it would be against the intent of the law).
1- unreasonably restrict and deter qualified people from entering the professions

2- creates/maintains condition that restricts competition unnecessarily

3- has an unreasonable effect on job creation/retention.

4- would be ineffective/inefficient in terms of costs
Section 2: Part G:
Health Professions & Occupations
For what purpose will the Dept of Health work cooperatively with the Dept. of Revenue and disclose information relating to current licensees?
In order to enforce child support laws by suspending/denying licenses of any licensee who is not in compliance with a child support order (or other written order with Dept. of Revenue).

*License is reinstated without fee when licensee complies with child support order.
Section 2: Part G:
Health Professions & Occupations
What is a long-range policy plan? What is the associated review process
An annually updated report which covers the department's plan for at least 5 years.

Review process includes:
1-cost-effectiveness
2-reasons for profession regulation
3-need to continue regulation
4-adequacy of consumer protection
5-consistency in practice acts
6-is unlic. activity sufficiently enforced

Conclusions/Recommendations included.
Section 2: Part G:
Health Professions & Occupations
To who are board members responsible for the proper performance of their duties?
Governor of the state of Fla.
Section 2: Part G:
Health Professions & Occupations
How many people are required for official Board business to be conducted?
A quorum (51% or more of members) is required
Section 2: Part G:
Health Professions & Occupations
A board member's position is void (the position is vacant) if they do the following?
3 consecutive unexcused absences

OR

absences constituting 50% or more of meetings in a 12-month period.
Section 2: Part G:
Health Professions & Occupations
How much is a former board member compensated for participating in probably cause panel?
$50 per day
Section 2: Part G:
Health Professions & Occupations
How will differences between boards be solved?
State Surgeon General may request the boards establish a special committee to recommend rules that will settle these differences.
Section 2: Part G:
Health Professions & Occupations
What (3) criteria must be met for the State Surgeon General to challenge Board rules?
Board rules held invalid by State Surgeon General if:
1- does not protect public from harm
2-unreasonably limits competition or availability of services
3- unnecessarily increases cost of services
Section 2: Part G:
Health Professions & Occupations
True or False: No board shall have standing to challenge a rule of another board.
True.
Section 2: Part G:
Health Professions & Occupations
True or False: You may not apply for a license if you do not have a social security number from the U.S. Federal Government.
False. Your application may be processed without a SS# using a unique personal ID number. The dept. can issue a temporary license which will expire in 30 days unless a number is obtained and submitted to the dept.
Section 2: Part G:
Health Professions & Occupations
True or False: Board can require personal appearance from licensure applicant.
True. If fails to appear at next 2 meetings or within 30 days, the application can be denied.
Section 2: Part G:
Health Professions & Occupations
Other boards can require CE credits in what specific areas (not required by the Psychology board)?
1-Risk management or Cost containment
2-HIV/AIDS
Section 2: Part G:
Health Professions & Occupations
Boards can allow CE credits to be approved for providing what kinds of services to patients?
25% of required CE can be allowable through pro bono services to indigent/underserved populations or in areas of critical need. These services must be approved in advance by the board to count for CE credits.
Section 2: Part G:
Health Professions & Occupations
True or False: Boards are allowed to accept research for CE credits.
True, thought Psychology Board does not accept research for CE credits. Research in critical need areas or for training leading to advanced professional certification is allowable based on dept. provisions for the health professions.
Section 2: Part G:
Health Professions & Occupations
True or False: All applicant information is confidential and exempt from public record.
False. All information required by the dept. of any applicant is public report and open to public inspection with certain exceptions (financial info, medical info, school transcripts, examination q&a, grades)
Section 2: Part G:
Health Professions & Occupations
What is the intent of the board offering limited licenses?
the use of retired professionals in good standing to serve the indigent, underserved or critical need populations.
Section 2: Part G:
Health Professions & Occupations
For how long does a person have to have practiced before being able to apply for a limited license (upon retiring)?
10 years
Section 2: Part G:
Health Professions & Occupations
In what kinds of places can a limited licensee practice?
public or non-profit institutions that have professional liability coverage (and lets them serve indigent/unserserved/critical need pops)
Section 2: Part G:
Health Professions & Occupations
What criteria must be met for an applicant to challenge the validity of their examination?
Applicant who failed with a score less than 10% below passing.
Section 2: Part G:
Health Professions & Occupations
For how long does the dept have retain record if each applicants examination questions, answers, grades, etc.?
at least 2 years immediately following examination
Section 2: Part G:
Health Professions & Occupations
Can the licensure examination be provided in another language besides English? (Yes or No)
Yes. If applicant bears cost and requests 6 months in advance.

The board will consider the percentage of population who speak the applicant's language when determining whether or not to provide test in other languages.

Also, says that if 15 or more such applicants request it be held in another language, it will be done.
Section 2: Part G:
Health Professions & Occupations
What kind of crime is it to reproduce/copy any part of the licensure examination?
felony of the 3rd degree
Section 2: Part G:
Health Professions & Occupations
True or False; A person is NOT disqualified from practicing an occupation solely based on non-US citizen status.
True
Section 2: Part G:
Health Professions & Occupations
What kind of test does a foreign-trained professional have to take to meet requirements for licensure?
written practical examination testing current ability to practice the profession competently (not on preprofessional fundamentals)
Section 2: Part G:
Health Professions & Occupations
What are (3) requirements to foreign-trained professionals eligible for examination?
What is used as evidence of preprofessional fundamentals for them?
1-exiled from western hemisphere country lacking diplomatic relations with US
2-applies and submits fee
3-is currently a Fla resident

4-submits documentation showing that had appropriate degree from prof org (except if Cuban)
5-practiced professions for at least 3 years
6-completes CE program that prepares them for examination
Section 2: Part G:
Health Professions & Occupations
How does licensure renewal work for those in the Armed Forces (or their spouses)?
remain in good standing without any licensure renewal efforts as long as they are absent from state because of duties (and 6mos following discharge)

*as long as they are not engaged in their profession in the private sector for profit.
Section 2: Part G:
Health Professions & Occupations
Factors that form the basis of how licensure fees are determined by boards (7 factors).
1-revenue projections
2-long-range policy plan expenses
3-fairness - not a barrier to licensure
4-potential earnings
5-similar to similar licenses
6-not more than 10% greater than cost to regulate profession in previous biennium
7-are subject to challenges
Section 2: Part G:
Health Professions & Occupations
If the board did not set fees well enough to cover costs, what could happen?
1- Dept can notify them, and then 1 yr later set fees on behalf of the board to maintain cash balance

2-Dept can give an advance of money that must be paid back in 2yrs with interest

3-The board can assess and collect a one-time fee from each licensee in an amount necessary (can be done once in a 4-year period).
Section 2: Part G:
Health Professions & Occupations
The Department of Health presents an annual report to the Senate and House (by Nov. 1) with the following information (8 pieces of info.).
1-revenue/expenses/cash balance
2-number of complaints
3-findings of probable cause (& no prob. cause)
4-number of admin complaints & disposition
5-Disciplinary actions taken
6-Efforts to close investigations that went over 1 year (following complaint)
7-status of rules governing discipline
8-recommendations to legislature to improve cost-effective operation.
Section 2: Part G:
Health Professions & Occupations
True or False: Boards can require the demonstration of competencies instead of classroom hour requirements for initial licensure.
True.
Section 2: Part G:
Health Professions & Occupations
Information to be covered in required domestic violence CE credits?
1-patients in your practice likely to be DV victims/perps
2-screening procedures
3-resources in the local community for DV
Section 2: Part G:
Health Professions & Occupations
True or False: If a person has licenses in 2 or more professions, they have to multiple their domestic violence CE requirements.
False. Can show proof of having taken 2 hrs of board-approved domestic violence CE for multiple licenses.
Section 2: Part G:
Health Professions & Occupations
What is the presumption if a licensee contracts a blood-borne infection (HIV/Hepatitis)?
Rebuttable presumption that the illness was contracted in the course of his employment, provided they immediately report exposure to supervisor. (Employer may rebut presumption by the preponderance of the evidence)
Section 2: Part G:
Health Professions & Occupations
What is the only kind of license under which you can practice? What licenses can you not practice with?
1-Active Status License
2-Inactive/Retired/Delinquent License
Section 2: Part G:
Health Professions & Occupations
When do licensees pay for the change-of-status fee?
When they change status of their license outside of a biennial renewal period.
Section 2: Part G:
Health Professions & Occupations
If a delinquent license does not become active or inactive before the next licensure cycle - what happens to it?
The license becomes null. Must apply and meet all new requirements to get licensure again.
Section 2: Part G:
Health Professions & Occupations
When can a board require assessment of current competency of a licensee?
To change inactive to active status after 2 consecutive biennial periods (4 years). In order to ensure care and skill sufficient for patient safety.
Section 2: Part G:
Health Professions & Occupations
Licensure renewal notifications for active/inactive licenses -- and cancellation notices for delinquent licenses go out when during the year?
90 days before the end of the licensure cycle.
Section 2: Part G:
Health Professions & Occupations
What 8 pieces of information go in physician/adv nurse pract initial licensure applications?
1-each school attended with dates
2-each hospital where privileges
3-address of primary place of practice
4-any specialty certificate
5-year began practicing
6-appt to any school as faculty
7-any criminal offense or disciplinary action in last 10 yrs
8-relevant prof qualifications

Additional (optional) info:
1-publications in last 10 yrs
2-professional awards/community service
3-languages other than english that you practice in
4-whether participates in Medicaid program or not
Section 2: Part G:
Health Professions & Occupations
For medical licensees, what kind of screenings required?
initial license - fingerprints for state & national criminal background check

only state background check after initial
Section 2: Part G:
Health Professions & Occupations
How will the department confirm applicant's disciplinary history?
Check disciplinary history and medical malpractice claims at time of initial license application and license renewal using the National Practitioner Data Bank.
Section 2: Part G:
Health Professions & Occupations
Practitioner Profiles include what information.
1-medical malpractice claims (comparisons)
2-if sanctioned/terminated by Medicaid program
3-any disciplinary action
4-can include a link to professional website (optional)
Section 2: Part G:
Health Professions & Occupations
True or False: Personal injury claims are public record.
True - except for the claimant/injured person's name.
Section 2: Part G:
Health Professions & Occupations
What information must a practitioner give to a patient if referring to an entity of which the provider is an investor?
1-the existence of the investment interest
2-name and address of every entity that provider invests in
3-patient's right to obtain services at place of their choise (including at this place)
4-name & address of 2 alternative sources

*Disclosure should be posted in practice as well.
Section 2: Part G:
Health Professions & Occupations
(4) potential harms caused by referral of a patient to a provider in which the referral source has an investment interest (intent of law is to limit this harm).
1-can limit competitive alternatives in market
2-can result in overutilization of services
3-can increase health care costs
4-can adversely affect quality of care
Section 2: Part G:
Health Professions & Occupations
What is a "group practice"?
1- two or more providers in association
2- all provide full range of services
3- joint use of shared space, equipment, etc.
4- services billed in the name of the group
5- overhead expenses and income distributed in a planned method
Section 2: Part G:
Health Professions & Occupations
As defined by the department, investment interests that can be a conflict of interest DO NOT include the following:
1- sole provider of services in rural area
2- bonds, notes, etc that matured in Oct. 1996 or earlier
3- investment in property (landlord-tenant relationship
4- invest in entity that owns licensed hospital
Section 2: Part G:
Health Professions & Occupations
Which of the following constitutes a referral?

(a) order by a radiologist for imaging
(b) order by a cardiologist for cardiac catheterization
(c) order from provider for services provided solely to their own patients under his/her supervision
(d) order for sleep-related testing
(e) none of the above
E. None of these are considered a referral.
Section 2: Part G:
Health Professions & Occupations
Which of the following is a violation:

(a) provider refers patient to an entity of which he holds shares (profit annually exceed $50 million)

(b) provider refers patient to an entity that provides financial benefits based on increased referrals

(c) provider refers patient to an entity to a private corporation they invest in with special terms for providers who make referrals

(d) all of the above are violations

(e) b and c are violations
E. B & C are violations. A private corporation would be ok if meets certain requirements (no req to refer, no benefits to referring, no more than 50% of the value is invested by investors who are in a position to make referrals)
Section 2: Part G:
Health Professions & Occupations
What is true of payment for services rendered to a patient from a referral source that was a violation (with regards to the referring provider's investment interest in the referral source)?
The claim for payment is not allowed and if collected must be refunded. This violation is ground for disciplinary action.
Section 2: Part G:
Health Professions & Occupations
What rules govern refusing to treat a Medicare beneficiary?
1-cannot refuse anyone who needs emergency care (must accept Medicare for that)
2-once stabilized, do not need to accept Medicare assignment for any further treatment
3-if primary care MD does accept Medicare assignment from patient, consulting MD must accept also.
4-cannot charge patient to pay additional charges if accepted medicare assignment
Section 2: Part G:
Health Professions & Occupations
Name some professions who cannot be considered "record owners."
Record owners - generate records after examination or trt of patient or received records by transfer or employ providers (e.g., HMO)

1-certified nurse assistants
2-pharmacists
3-nursing home administrators
4-clinical lab professionals
Section 2: Part G:
Health Professions & Occupations
True or False: When completing copies to give patient upon request, can hold records until patient pays for services rendered.
False. Record release shall not be conditioned upon payment of a fee for services rendered.
Section 2: Part G:
Health Professions & Occupations
True or False: Records can be furnished without written authorization for statistical and scientific research.
True, but only if the records are abstracted (de-identified) otherwise written permission is needed.
Section 2: Part G:
Health Professions & Occupations
If the Department of Health requires patient records for an investigation or probable cause panel, can they get them without written authorization? (Yes or No)
Yes, especially to look at controlled substances violations. However, for a psychotherapist-patient privilege case where they find reasonable cause and need the records, they may have to go to a court for an in camera review of records to determine if the records must be kept under psych-pt privilege.
Section 2: Part G:
Health Professions & Occupations
True or False: Patient records used as part of an investigation against a provider become public record as part of the investigation.
False.
Section 2: Part G:
Health Professions & Occupations
Disclosing patient communication as authorized due to "duty to warn" is based on what criteria?
1- patient has made an actual threat to physically harm an identifiable victim

2- The treating psych. judges that the pt has capacity to carry out the act and is more likely than not to carry out the threat in the near future

3-can disclose communication to victim or law enforcement
Section 2: Part G:
Health Professions & Occupations
True or False: Provider can be held civilly liable for disclosing a patient's HIV diagnosis to a sexual partner/needle-sharing partner.
False... if patient discloses identity of the partner and refuses to notify the partner after provider recommends notification. However, provider must notify patient of his/her intent to disclose.
Section 2: Part G:
Health Professions & Occupations
How many years have to pass before someone convicted of a felony can be considered for examination or license issuance/renewal?
15 years have to have passed since the sentence/probationary period are complete before application will be accepted.
Section 2: Part G:
Health Professions & Occupations
When can someone who was terminated from the Florida Medicaid program be considered again for examination or license issuance/renewal?
Has to have 5 most recent years in good standing with the Florida Medicaid program

OR

the termination had to have occurred 20 years prior to the application.
Section 2: Part G:
Health Professions & Occupations
If a citation for a violation is not disputed within ---- (timeframe), it becomes a -----.
within 30 days,
final order
Section 2: Part G:
Health Professions & Occupations
How much money in administrative penalties (citation), penalty fines (by rule), and civil penalties (court) can be charged for practicing without a license?
administrative penalty = up to $5000 per incident

fine = between $500 and $5000

civil penalty = btw $500 and $5000 as well as court costs/attorney fees

*Each day practiced after a cease & desist notice acts as a new violation.
Section 2: Part G:
Health Professions & Occupations
What kind of crime is it to practice in Florida without a license?
felony of the 3rd degree
felony of 2nd degree (if leads to serious bodily harm)

*does not include practicing with a delinquent/inactive license for less than 1-year (that is a misdemeanor of the 1st degree)
Section 2: Part G:
Health Professions & Occupations
Reasons for penalties for licensure violations (not reasons why there are rules in the first place=safety). These are also things to consider when choosing a penalty.
1- Protect/compensate Patient
2- Rehabilitate Provider
3- Return Costs to Department
Section 2: Part G:
Health Professions & Occupations
True or False: The department will close any investigation in which the complainant withdraws the complaint or no longer wishes the complaint to be investigated.
False. The department may take appropriate final action on such a complaint.
Section 2: Part G:
Health Professions & Occupations
There must be a plan to expedite any investigation that is not completed within --- (timeframe).
within 1 year of the filing of the complaint.
Section 2: Part G:
Health Professions & Occupations
If a proceeding is for the purpose of suspending a license or restricting a license, who conducts that proceeding?
State Surgeon General or his/her designee must issue the final summary order.
Section 2: Part G:
Health Professions & Occupations
What happens if no probable cause is found following a complaint?
the dept gives note to the complainant and they may provide additional information within 60 days. the investigation is otherwise closed.
Section 2: Part G:
Health Professions & Occupations
What protections are there for complainants who filed a complaint in good faith?
immunity from civil liability and laws against their discharge by their employer
Section 2: Part G:
Health Professions & Occupations
Is there a statute of limitations on filing complaints? Yes or No.
Yes. Must file complaint within 6 years of violation, unless concealment/fraud used to hide violation (then can be extended up to 12 yrs).

Can also initiate investigation beyond 6 years for the following exceptions:
1-diversion of controlled substances
2-sexual misconduct
3-impairment of licensee
4-criminal actions
Section 2: Part G:
Health Professions & Occupations
Emergency suspension of license will happen if a person pleads guilty to any of the following?
1-felony
2-misdemeanor/felony related to medicaid program
3-test positive for drugs
4-defaulted on a student loan
Section 2: Part G:
Health Professions & Occupations
If a complaint is filed against a licensee for impairment (drugs/alcohol/mental/physical) which would affect ability to practice and no other complaint exists, would it constitute grounds for discipline? (Yes or No)
No, not if the board finds the following:
1-licensee acknowledges impairment
2-licensee voluntarily enrolls in trt
3-licensee voluntarily withdraws/limits practice
4-licensee agreed to release of all trt documents to consultant

*complaints like these result in dept forwarding all info to consultant
Section 2: Part G:
Health Professions & Occupations
True or False: If a provider inquires about impairment treatment programs, an investigation may be opened.
False. This would not constitute a complaint unless indicates that the licensee if a danger to the public.
Section 2: Part G:
Health Professions & Occupations
Will a finding of probable cause be made to an impaired licensee undergoing trt? (Yes or No)
No.
Section 2: Part G:
Health Professions & Occupations
True or False. An impaired practitioner consultant is a contractor and considered independent of the state
False. Consultants are contractors, but are considered agents of the state.
Section 2: Part G:
Health Professions & Occupations
What information can be found on a citation given out by the board to a licensee?
1-subjects name & address
2-license #
3-brief factual statement
4-law allegedly violated
5-penalty imposed
Section 2: Part G:
Health Professions & Occupations
When can a citation be used as a penalty? For what kinds of violations?
Violations for which there is no substantial threat to the public health, safety, and welfare or no violation of standard of care involving injury to a pt.
Section 2: Part G:
Health Professions & Occupations
Within what period of time following a complaint can a citation be made to a licensee?
Within 6 months
Section 2: Part G:
Health Professions & Occupations
Which violations are appropriate for mediation?
Complaints where harm caused by the licensee:
1-is economic (unintentional)
2-can be remedied by the licensee
3-is not a std of care violation involving pt injury
4-or does not result in adverse incident

*licensees can not go to mediation more than 3x
Section 2: Part G:
Health Professions & Occupations
If a mediation resolution occurs within ---- (timeframe), the dept/board will take no further action.
14 days. A successful mediation is not discipline and no statements during mediation are admissable in other proceedings.
Section 2: Part G:
Health Professions & Occupations
Why are a range of penalties (penalty guidelines) set for all violations?
1-to distinguish those which endanger public health, safety, welfare
2-to give the public meaningful notice of likely penalties for violations
3-to help the board consistently apply penalties
Section 2: Part G:
Health Professions & Occupations
Written Prescriptions for Drugs Have to Have What Information In the Prescription?
1-name of prescriber
2-name/strength of drug
3-quantity of drug
4-directions for use of drug
5-date
6-signed by prescriber

*if a controlled drug must have the quantity and date written out and in numerals
Section 2: Part G:
Health Professions & Occupations
What is "the failure to practice medicine in accordance with level of care/skill/trt recognized in general law?"
Medical Malpractice
Section 2: Part G:
Health Professions & Occupations
What is repeated medical malpractice? what are the consequences?
3 or more incidents of medical malpractice by a provider (after Nov 2004).

if repeated medical malpractice found with clear & convincing evidence, the person will not be licensed any longer.
Section 2: Part G:
Health Professions & Occupations
What shall count as 1 incident of medical malpractice?
1- a single act (regardless of the # of claimants

2-a series of wrongful acts associated with the trt of the same patient counts only as 1 incident
Section 2: Part G:
Health Professions & Occupations
How many questions will be on the Fla Laws & Rules exam related to Chapter 394, the Florida Mental Health Act?
7 questions
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What are the elements that make up "expressed and informed consent"?
1-consent is voluntarily given in writing
2-by a competent person
3-after sufficient explanation & disclosure to make a knowing/willful decision
4- with no element of force or fraud.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What is the name of a person appointed by a court to make decisions regarding mental health trt on behalf of a person found incompetent to consent to trt?
guardian advocate
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What is the difference between a mental health overlay program and a mobile crisis response service?
mental health overlay - provides examination for VOLUNTARY admissions and supplemental services in a RESIDENTIAL setting (can be attached to a public receiving facility).

mobile crisis response service - NONRESIDENTIAL crisis service attached to public receiving facility (for INVOLUNTARY patients) and available 24/7
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
True or False. A county jail can be used as a public receiving facility when necessary.
False.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
True or False. Public Receiving Facilities provide short-term treatment and psychiatric evaluation.
True. They also receive and hold involuntary patients under emergency conditions.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
Which act of those in the Fla Laws & Rules Exam is known as "The Baker Act"?
The Florida Mental Health Act (Chapter 394)
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What Dept. is designated as the "Mental Health Authority" in Florida?
The Department of Children & Family Services (it is the dept referred to in the Baker Act regarding voluntary/involuntary admissions)
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
How does DCF carry out the many responsibilities under the Florida Mental Health Act?
Through the Power to Contract. Awarding contracts using competitive sealed bids with universities/hospitals/clinics/etc. Contracts are effective for 3 years, and DCF makes periodic audits/inspections.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
Who is exempt from mental health personnel level 2 background screening (including fingerprints)?
1-students in a mental health facility where the primary purpose is not to treat minors are exempt if under direct supervision

2-volunteers who assist intermittently for less than 10 hrs a month if someone who has been screened is always watching them
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What is the difference between a case manager and a client manager?
case manager (case management)- works with clients linking them to the service system

client manager (continuity of care management system) - assigned to provider agency/geographic area to ensure full range of needed services available to clients in that area
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What is a plan between a resident at an assisted living facility (where the facility has a limited mental health license) and a mental health provider caring for that resident? What is that resident called?
"Community Living Support Plan"- created with consultation from administrator

"Mental Health Resident" - receives soc security income for disability due to mental disorder & found by a professional to be appropriate to reside in an assisted living facility
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
Name 3 items that are contraband from a hospital providing mental health services.
1- intoxicating beverages
2- controlled substances
3- firearms or deadly weapons
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What 3 rights are associated with a patient's right to individual dignity?
1- do not use same restraining devices used for criminals except for protection of pt or others
2- will not detain patients in jails of the state
3- will not be deprived of any constitutional rights (with the exception of if they are adjudicated incapacitated)
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
If a person is at a receiving or treatment facility for more than 12 hours, what kind of examination will they automatically receive and why?
a physical examination will be provided within 24hrs of arrival; this is under the "right to treatment"
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
Within how many days at a treatment facility will the patient have to receive and comment on an individualized treatment plan?
5 days
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What information must be provided before seeking expressed & informed consent of a patient under the Baker Act?
1-reason for admission/trt
2-proposed trt and its purpose (specific dosage when applicable)
3-common risks/benefits/side effects
4-alternative trt modalities
5-approx length of care
6-potential effects of stopping trt
7-how trt will be monitored
8-the fact that consent can be revoked at any time
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
True or False. Restraints and seclusion can never be used to punish poor behavior by a mental health resident.
True. A facility may never use restraint or seclusion for punishment, to compensate for inadequate staff, or for the convenience of staff.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
Name 4-5 rights that a patient in a facility has as listed in the Baker Act.
1-right to individual dignity
2-right to trt
3-right to express & informed consent
4-quality treatment
5-right to communication outside facility including abuse reporting
6- right to care and custody of personal effects
7- right to vote
8- habeas corpus (court petition)
9-liability for violations or abuse of rights
10-right to participate in trt and d/c planning
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
True or False. Facilities must permit immediate access to any patient by the patient's family members.
True -- unless would be detrimental to the patient.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
How do patients in a facility have access to communicate with those on the outside or make abuse reports?
1-The facility is required to provide a telephone allowing for free calls in a place where they can communicate privately/confidentially. Long-distance calls are allowable (do not need to be paid by the facility).

2-The patient should also be allowed to receive and send unopened correspondence.

3-Patients also have a right to visitors (including attorney at any time) unless they deny/withdraw consent for visitors.

(*only exceptions to these are concerns about harm)
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What should be posted in a facility for patients to readily see?
notice of the rights of patients

notice of an abuse hotline to call
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
True or False. If a person is guilty of sexual misconduct, they will also be guilty of sexual battery.
False. Sexual misconduct by an employee in a facility caring for patients is a felony of the 2nd degree. You can be guilty of it and not guilty of the crime of sexual battery.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
To what employees do the rules about sexual misconduct with patients in a mental health facility NOT apply?
1- employee married to the patient under question

2- employee who had no reason to believe that the person with whom s/he was engaged in sexual misconduct was a patient receiving services
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What is the duty of an employee who witnesses or otherwise knows about sexual misconduct in a mental health facility? Is it a crime not to act in this case?
1- report to DCF's central abuse hotline
2- prepare, date, and sign a report about the incident, when/where/who involved.
3- deliver their report to the program director/supervisor at the facility

Yes, it is a misdemeanor of the 1st degree not to report (or to stop someone from reporting)
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
How will a facility select a representative for an involuntary admittee who refuses to select one?
first preference to health care surrogate
2-spouse
3-adult child of patient
4-parent of patient
5-adult next of kin
6-adult friend of patient
7-Florida local advocacy council

*this is also the order the court uses for selecting a guardian advocate
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What sorts of medical procedures can a guardian advocate never consent to?
1- abortion
2- sterilization
3- ECT
4- psychosurgery
5- non-FDA approved experimental trts
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
Notice of an involuntary placement petition occurs how and with what information?
The patient is notified orally & in writing. The patient's representatives are notified by mail.

The notification states:
1-address of the court
2-date, time, & place of hearing
3-notice of any public offender assigned
4- name of each examining expert or others testifying
5-notice that the pt or guardians may apply for change of venue for their convenience
6-notice that patient is entitled to an independent examination (which can be provided by court if can't afford)
3-
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
True or False. All receiving and treatment facilities must be designated by the Department of Children & Families.
True. Facilities are not permitted to hold or treat involuntary patients unless designated by the department.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
Facilities must provide an annual report to the Agency for Health Care Administration. What sort of information do they provide in the report?
1-number of licensed beds
2-number of contract days
3-admissions by payor class and by dx
4- bed days and length of stay by payor class
5-total revenues by payor class

*payor class means which of these categories did they use to pay: medicard, medicare hmo, medicaid, medicaid hmo, private insurance, private hmo, ppo, dcf, self-pay, or charity care.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
Where can people (18yrs and up) who meet criteria for voluntary or involuntary mental health treatment and/or substance use trt/impairment all be seen?
an integrated mental health crisis stabilization unit and addictions receiving facility.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
Which of the following is NOT a true authorized release of a patient's clinical record?

(a) patient authorizes the release
(b) patient's attorney needs to provide counsel/representation
(c) court order
(d) patient is sent to Department of Corrections and the dept requests record
(e) all of the above are authorized
(E) all of the above are authorized.

*when a court order is placed, the court considers the need for the information against possible harm of disclosure to the patient.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
True or False. Records can always be furnished to the Medicaid Fraud Control Unit when requested (without patient authorization).
True.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
True or False. Because of confidentiality and privilege, parents and next of kin cannot receive information about the person's treatment plan or condition without patient expressed & informed consent.
False. Info limited to a summary of the patient's trt plan and current condition can be released in accordance with the code of ethics of a particular profession, and is not prohibited by rules of confidentiality for patient clinical records.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
For what purpose can a patient in a facility be denied access to their records? For how long?
If it is found that such access would be harmful to the patient. Written notice of the restriction should go to the patient and representatives (And be documented in the clinical record along with reasons for the restriction). Restriction shall expire after 7-days and be reviewed for renewal
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
Who is responsible to pay for a patient's transport to a public receiving facility?
-the person receiving the transport

County will seek reimbursement in this order:
-insurance company
-person being transported
-financial settlement
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
Who is liable for the safety of a patient being transported to a public receiving facility?
the transporter (an independent contractor) must be insured at $100,000 or more)
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
When is law enforcement not responsible for transporting pt to public receiving facility?
1-county has contracted with private transport service

2-law enforcement and transport service agree that law enforcement is not needed for the safety of the patient or others.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What should a law enforcement do if someone who meets criteria for involuntary examination commits a felony?
1-first process the person as any other criminal suspect
2-then notify the nearest public receiving facility

*if only minor criminal behavior can immediately transport for examination
*if felony, the facility is not required to admit the person if they are unable to provide adequate security but can come to jail and provide mental health examination where the person is held.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
True or False. The nearest public receiving facility must accept all persons brought by law enforcement for involuntary examination.
True.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
When certain people request voluntary admission to a facility, there is the need verify their ability to consent... Which people is this required of?
1-60yrs or older who wants transfer from nursing home

2-60yrs or older who has dementia and wants transfer from nursing home, assisted living, adult day care, etc.

3- person who has a health care surrogate make medical trt decisions

*the voluntariness of the consent must be decided if a child 17 or younger wishes to be voluntarily admitted
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
True or False. A patient who is found to be "incapacitated" cannot be admitted as a "voluntary" patient.
True... they have been found unable to provide voluntary consent.

A patient who is unwilling/unable to provide express & informed consent must be either discharged or transferred to involuntary status (if they meet criteria).
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
If a voluntarily admitted patient requests discharge, will they always be discharged (yes or no).
No. They have a right to request discharge. However, if they meet criteria for involuntary placement and the facility administrator petitions the court within 2 working days, the patient may be held while a decision about involuntary status is made.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What criteria must be met in order to be eligible for involuntary examination?
1-reason to believe person has mental illness

2-refused voluntary examination or is unable to determine for self whether exam is necessary

3-AND without care/trt, the person is likely to suffer neglect and substantial harm OR cause bodily harm to self or others in near future as evidenced by recent behavior
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What 3 ways are there for an involuntary examination to be initiated?
1- court ex parte order based on sworn testimony

2-law enforcement officer's judgment and execution of a written order

3-mental health professional executes a certificate after examination of patient (leads to law enforcement officer transport and law enforcement executed report)

*one of these executed orders (ex parte order, law enforcement report, or professional certificate) must be prepared before anyone can be involuntarily examined. UNLESS Transported to Facility by Family or Guardian.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What is the longest that a patient can be held in a receiving facility for involuntary examination?
72 hrs

*during this time one of these must happen:
1-pt released (potentially to voluntary outpt trt)
2-pt asked for consent as a voluntary pt
3-petition for involuntary placement filed with court
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What criteria must be met in order to be eligible for involuntary outpatient placement?
1-adult with mental illness

2-unlikely to survive safely without supervision

3-history of lack of compliance with mental illness trt

4-engaged in acts of violent behx toward self or others OR been involuntarily committed twice - in the last 3 years

5-refused to participate or unable to determine for self if placement is necessary

6-placement is needed to prevent a relapse or deterioration that would likely results in substantial harm to well-being or bodily harm to self or others.

7-Likely that they will benefit from placement AND all less restrictive alternatives are inappropriate or unavailable
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
Who is the official person who recommends involuntary placement (outpatient or inpatient)? What is this recommendation based on?
administrator of a receiving facility where the patient has been examined or administrator of a treatment facility where receiving care.

*recommendation must be supported by the opinion of a psychiatrist and second opinion of a clinical psych or psychiatrist who have both personally examined the pt.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
Can involuntary outpatient treatment be ordered with a patient's current therapist? (Yes or no)
Yes. If they do not need public financing and already have a psychiatric trt relationship, they may be ordered to trt with that same provider.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
True or False. If a service provider certifies that services are not available for a proposed trt plan, the involuntary outpatient placement becomes and involuntary inpatient placement.
False. A petition for outpatient placement cannot be made if the services are not available. A treatment plan approved of by a service provider and mental health professional is needed and those service must be available, in order to move forward with involuntary outpt placement.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
Within what amount of time will a hearing be held regarding involuntary placement (outpt or inpt)?
within 5 days of a petition unless a hearing continuance is filed by the patient (allows for up to 4 weeks more).
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
True or False. Patient at a hearing for involuntary placement has the right to an independent evaluator.
True.

*As well as the right to have appropriate witnesses and to refuse to testify.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
A court order for involuntary placement (outpt or inpt) can last for how long before expiring?
up to 6 months (before which petition for continued invol trt must be submitted by service provider - or patient and provider can agree to continued placement without a court hearing)
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
If a patient refuses to comply with involuntary outpatient placement, what can the provider do?
1- if meets criteria, can certify for an examination to determine if meets criteria for involuntary inpt trt.

2-can make modifications to trt plan and notify court (if changes are contested by pt, must be approved by court)

3-must attempt to continue to engage the patient in trt.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
If during a hearing for involuntary placement, a patient is found incompetent to consent to treatment, what will they do?
assign a guardian advocate
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What criteria must be met to be eligible for involuntary inpatient treatment?
Clear & Convincing Evidence
1-mental illness

2-refuse voluntary placement OR unable to determine for self if plcmnt necessary

3-without trt will suffer neglect with real & present threat of substantial harm OR in near future likely to inflict serious bodily harm on self or other as evidenced by recent behx causing, attempting or threatening such harm

4-all available less restrictive trts have been judged inappropriate
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
Transfer to Dept Veterans Affairs Occurs How for Patients in Other Facilities?
1-need certificate from VA saying they have availability and the patient is eligible for care there

2-cannot be a patient who was convicted of a felony or misdemeanor or acquitted by reason of insanity (unless there is a hearing and not objection by the VA)
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
Are procedures and policies for placement of mental health residents substantive or procedural?
substantive
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What special group has a special comprehensive plan to ensure that they are deinstitutionalized as appropriate (and a semiannual report about it)?
mental health residents over age 55 (special efforts to stimulate support resources and help develop daily living skills to accomplish deinstitutionalization)
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
True or False. The department must transfer a patient to another public receiving facility or treatment facility if requested by patient or patient rep.
False. They may do so at their discretion (depends on availability of resources and treatment of the patient)
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What does convalescent status mean?
"recovering" - often when released from inpatient status, released under convalescent status to the care of a community facility
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What diagnosis for children implies the child would benefit by and require residential care?
"psychotic or severely emotionally disturbed"
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
True or False. Minors under 17 have the right to emergency evaluative services from a mental health professional without parent consent.
False. Only 13 and up. This is true for 2 visits within a 1-week period in response to a crisis situation. After that parental consent is needed.

*No provider is obligated to provide these services to minors without parental consent
*Parents are not liable for payment for these services unless they consent or participate to the services.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
True or False. Provision of medication without parent consent is allowed for minors 13 and up in a crisis situation.
False. Only counseling, group therapy and other verbal therapy is allowed twice in 1-week before parental consent is sought (in crisis situations).
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What are the special requirements for minors who are under 14yrs and admitted for crisis stabilization or residential trt?
Cannot be admitted to a bed in a room or ward with an adult patient or share common areas with adult patients.

If 14 or older, can share space with adults if medically indicated or for reasons of safety and supervised daily.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
Specialty psychiatric hospitals can be reimbursed how much for indigent care annually?
up to the amount that hospital contributed to the Public Medical Assistance Trust Fund in the previous year.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
True or False. There is a section in the Baker Act dedicated to the privatization of South Florida State Hospital.
True
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What are "acute mental health services"?
mental health services provided through inpatient hospitalization.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What is "charity care"?
care provided to patients with income equal/below 150% of poverty guideline for which there is no compensation

*indigent means finances qualify you for charity care
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
What does PMATF stand for?
Public Medical Assistance Trust Fund

used to reimburse hospitals (who donate to it) and treat non-Medicaid eligible, mentally ill patients who are indigent.
Section 1: Part E:
Florida Mental Health Act (Chapter 394)
How many questions on the Fla Laws & Rules exam are based on Proceeding Relating to Children (Chapter 39.201)?
2 questions
Section 1: Part C:
Proceeding Related to Children (Chapter 39.201 - Mandatory Reports)
Who is required to report if a child is abused, abandoned or neglected by a caregiver?
Anyone

*mental health, medical, school, social work, law enforcement, and religious professionals are required TO GIVE THEIR NAMES to hotline staff
Section 1: Part C:
Proceeding Related to Children (Chapter 39.201 - Mandatory Reports)
Under what circumstances will the sheriff's office receive the report made to an abuse hotline?
(1) if someone other than a caregiver is abusing a child
(2) if the report includes a child under 16 being impregnated by an adult 21yrs or older
(3) if the alleged offender is a minor
Section 1: Part C:
Proceeding Related to Children (Chapter 39.201 - Mandatory Reports)
If a newborn infant is left at a hospital, emergency, or fire station - what will the abuse hotline do with that report?
refer the reporter to a licensed child-placing agency unless other signs of neglect/abuse...
Section 1: Part C:
Proceeding Related to Children (Chapter 39.201 - Mandatory Reports)
What information is kept by the hotline about any abuse reporting?
(1) voice recording of all incoming/outgoing calls
(2) electronic copies of fax and web-based reports
(3) number calling or faxing (caller ID) or IP address from which an electronic report is received

*#3 goes in the confidential report
*the other information is kept and released only for prosecuting criminal charges or for investigations by the dept.
Section 1: Part C:
Proceeding Related to Children (Chapter 39.201 - Mandatory Reports)
How much time after a report is filed about abuse to the abuse hotline - before an investigation will be started?
24 hrs after the receipt of a report.

*or immediately if:
(1) child in immediate danger
(2) family may flee
(3) child will be unavailable for investigation if they don't act now.
Section 1: Part C:
Proceeding Related to Children (Chapter 39.201 - Mandatory Reports)
True or False: The abuse hotline information is often used for employee screening.
False, It cannot be used for these purposes
Section 1: Part C:
Proceeding Related to Children (Chapter 39.201 - Mandatory Reports)
How many questions in the Fla Laws & Rules Exam will be about Section 90.503 regarding psychotherapist-patient privilege?
1 question
Section 1: Part D:
Psychotherapist-Patient Privilege
(Section 90.503)
Who can claim "privilege" with regards to the psychotherapist-patient privilege?
(1) patient or patient's attorney
(2) guardian of the patient
(3) patient's representative if pt. died
(4) psychotherapist - BUT only on behalf of the patient.
Section 1: Part D:
Psychotherapist-Patient Privilege
(Section 90.503)
What are the 3 cases where there is "no privilege" according to 90.503 (Section on Psychotherapist-Patient Privilege)?
(1) proceedings to compel hospitalization if psychotherapist feels inpatient treatment is needed
(2) communications from a court-ordered examination
(3) any proceeding where the patient relies on a dx as part of his/her claim/defense (of if pt died - any proceeding where someone relies on the patient's dx as part of their claim)
Section 1: Part D:
Psychotherapist-Patient Privilege
(Section 90.503)
How many questions in the Fla Laws & Rules Exam will be based on the Protection from Abuse, Neglect & Exploitation Section (Chapter 415)
1 questions
Section 2: Part F:
Protection from Abuse, Neglect, and Exploitation (Chapter 415)
What else is Chapter 415 Called?
Adult Protective Services Act
Section 2: Part F:
Protection from Abuse, Neglect, and Exploitation (Chapter 415)
What are the elements of exploitation?
1-elderly or disabled vulnerable adult
2- person with a trust/confidence relationship
3-knowingly tricks or intimidates adult
4- to obtain/use property/funds/assets
5-for someone other than the vulnerable adult's benefit

OR

1-Someone with a trust/confidence relationship
2-Who should know that the vulnerable adult cannot consent
3-obtains/uses assets for someone else's benefit
Section 2: Part F:
Protection from Abuse, Neglect, and Exploitation (Chapter 415)
4 examples of exploitation?
(1) breaches of financial relationships (unauthorized sale/transfer, etc.)
(2) unauthorized taking of assets
(3) misuse/transfer of funds
(4) intentional/negligent lack of using income/assets of vulnerable adult for their care/support/etc.
Section 2: Part F:
Protection from Abuse, Neglect, and Exploitation (Chapter 415)
Who is a vulnerable adult?
1-18 or older
2-can't do daily living activities OR provide own care OR own protection
3-due to disability, injury, or aging

*in need of services - means suffering ill effects by a perpetrator and in need of protective services to prevent further harm
Section 2: Part F:
Protection from Abuse, Neglect, and Exploitation (Chapter 415)
Is there mandatory reporting of abuse, neglect, exploitation in vulnerable adults? (Yes or No)
Yes. Anyone must report to central abuse hotline.
Section 2: Part F:
Protection from Abuse, Neglect, and Exploitation (Chapter 415)
Recommendations following a protective services investigation for a vulnerable adult must be given within what timeframe?
within 60 days of the initial report
Section 2: Part F:
Protection from Abuse, Neglect, and Exploitation (Chapter 415)
True or False: Department investigating vulnerable adult abuse, neglect or exploitation has authorized access to any otherwise confidential files needed for the investigation
True. with some exceptions - they may have to get court order to get some files, and they will not have access if the vulnerable adult able to give consent does not consent to them reviewing their files (and they are the alleged victim).
Section 2: Part F:
Protection from Abuse, Neglect, and Exploitation (Chapter 415)
Under what circumstance will all confidential information regarding a vulnerable adult determined to have been neglected, abused or exploited - become public?
if the person dies as a result of the abuse, neglect or exploitation.
Section 2: Part F:
Protection from Abuse, Neglect, and Exploitation (Chapter 415)
What kinds of public summary information about a case involving serious bodily injury to a vulnerable adult can be released by DCF?
1-confirmation of an investigation
2-date/brief description of investigative activities
3-summary of investigation participant's recommendations and the ruling of the court

*no names or identifying information of people in the investigation will be included
Section 2: Part F:
Protection from Abuse, Neglect, and Exploitation (Chapter 415)
An adult protection team can include any of the following professionals? for what purpose?
1-psych
2-law enforcement
3-medical
4-social workers
5-public guardians

*in order to provide services related to the elderly or dependent persons and prevention and identification and treatment
Section 2: Part F:
Protection from Abuse, Neglect, and Exploitation (Chapter 415)
What are requirements for voluntary admission at a facility?
1-evidence of mental illness
2-competence to provide express & informed consent
3- suitable for treatment

(18 or older - if 17 or younger consent must be from guardian or voluntariness must be verified in a hearing).
Section 1: Part E:
Florida Mental Health Act (Chapter 394)