1
Q
HIPAA - Right to Receive Confidential Communication by Alternative Means and at Alternative Locations
A
Right to have bills sent and phone calls made to other than the patient’s home
2
Q
HIPAA - Right of Amendment
A
Right to request channels to PHI. Inaccurate information can be amended, but not deleted.
3
Q
Emancipated Minors
A
- marrying legally
- enlisting in military
- court declaration of emancipation: 14 or over, living separate from parents w consent, managing his or her own finances
4
Q
License Revocation
A
License is lost (ie. when licensee has been found guilty of sexual misconduct)
5
Q
Pregnancy - California Family Code
A
- No minimum age
- Minor can consent to medical care related to prevention or treatment of pregnancy
- Includes contraception and abortion
- Provider not permitted to inform parents/guardian without consent
6
Q
Mandated reporting of elder abuse, victim living at home
A
- Report to adult protective services or local law enforcement
- Written report within two working days
7
Q
Health and Safety Code
A
- Minor must be 12 years old or older AND must be mature enough to participate
- Does NOT require minor to be a risk to self/others, or alleged victim of incest or child abuse
- Health and Safety Code PREVAILS over California Family Code.
- Only if parental consent is not appropriate, and must document,ent decision.
8
Q
Reporting sexual intercourse w/ minor
A
- Under 16 w/ someone 21 and older (even if voluntary)
9
Q
Registered Psychologist
A
- Doctorate degree
- SPE: At least 1,500 hours already accrued
- Working at nonprofit that receives at least 25% of its funding from government sources.
- 30 month registration, cannot be renewed.
10
Q
When to report elder abuse?
A
- If mandated reporter has observed or has knowledge of an incident that reasonably appears to be abuse
- Reporter is told by the elder or dependent adult of an instance of abuse
11
Q
Psych Assistant Registration
A
- Must renew annually, on or before expiration
- Becomes void if not renewed within 60 days after expiration
- Registration as a psych assistant is limited to a cumulative total of 6 years.
12
Q
Sexual Assault - California Family Code
A
- No minimum age
- minor can consent to medical care related to diagnosis, tx, or collection of evidence
- If under 12, professional must attempt to contact parent/guardian unless suspects parent or guardian committed assault
13
Q
Time Frame of Accusations
A
- Accusations must be filed within 3 years of BOP discovery of act
- 7 years from the date the act occurred
- 10 years from date of act if sexual exploitation
14
Q
Patient Accessing Tx Records
A
CA Law: Provider can decline access if there would be adverse consequences to patient.
- Provider must document date of request, specific adverse consequences anticipated
HIPAA: Records cannily be withheld when life or physical safety endagered
- HIPAA prevails with adult patients
15
Q
Parents of Minors Accessing Tx Recordsq
A
Parents with legal custody are entitled to inspect and/or copy the minor’s treatment records.
CA Law:
- Provider can decline access if minor was legally authorized to get tx without parental consent
- Provider can decline if parental access will be detrimental to therapy or minor’s well-being
HIPAA: Records can only be withheld when life or physical safety endangered. CA Law PREVAILS
16
Q
Involuntary Confinement - 72 Hour Hold (51`50/5585)
A
Person who has a result of mental disorder is danger to self, others or is gravely disabled
Minor can only be hospitalized involuntarily when parent/guardian is not available to authorize voluntary treatment.
17
Q
Electronic Record Keeping - Requirements
A
- Ensure safety and integrity of records
- Offsite backup storage
- Image mechanism to copy signature documents
- Unauthorized access denied
Original copies may be destroyed after data is electronically stored.
18
Q
Rape Victims - California Family Code
A
- Minor 12 or older
- Can consent to medical care related to diagnosis, tx, or collection of evidence
- Provided NOT permitted to inform the minor’s parents/guardian without minor’s consent
19
Q
Disciplinary Actions
A
More serious violations are referred for formal investigations. If more serious allegations, BOP to Attorney General
- letter of reprimand (minor violations, no pt harm(
- Two-step agreement
- Probation (license revoked, revocation stayed, terms of probation specified) When licensee has been negligent.
20
Q
Involuntary Confinement - 14 Day Hold / Certification (5250)
A
- Person certified for up to 14 days of intensive treatment if person is detained for 72 hours, and person still danger to self, others, or gravely disabled due to mental disorder or impairment due to chronic alcoholism.
- Person must have refused voluntary confinement.
- Entitled to certification review hearing within four days of certification
21
Q
Treatment Records Time Frame - CA Law (Adults)
A
Full set of Treatment records must be maintained for a minimum of seven years after treatment termination.
22
Q
Providing Records - Time Frame
A
Inspection of records: 5 working days
Treatment summary: 10 working days
Copy of records: 15 days
Complex Treatment Summary: 30 days
23
Q
Drug and Alcohol Treatment - California Family Code
A
- 12 or older
- Can consent to medical care or counseling related to diagnosis or tx of drug/alcohol related problem
- Counseling only by a provider under state or county contract to provide services
- Must include parent or guardian if appropriate (document)
- Minor cannot receive methadone or other replacement narcotics without parental consent
24
Q
Communicable Disease - California Family Code
A
- Minor must be 12 or older
- May consent to medical care related to diagnosis/tx
- Provider not permitted to inform parents/guardian
25
Non-Disciplinary Actions
For minor violations. Confidential except citation and fine.
- mediation
- education letter
- letter of warning
- educational review
- citation and fine
26
Child Abuse Reporting
- Must be reported to any police dept, sheriff's dept, or county welfare dept (ie. CPS) immediately or as soon as practically possible by telephone, and with written report within 36 hours.
27
Mandated reporting of elder abuse, victim in state health hospital
- Report to State Department of State Hospitals AND local law enforcement
- Written report within two hours
28
Rape/Incest/Sodomy Mandated Reporting Laws w/ Minors
- Under 18 with any age
29
Mandated reporting for 16+
- If voluntary, not reportable with any age
| - Must report rape, incest, or sodomy
30
HIPAA - Right of Accounting
Right to receive an accounting of all PHI disclosures for the past six years.
31
3 Requirements of Tarasoff
- Patient has communicated to psychotherapist
- A serious threat of physical violence
- Against reasonably identifiable vicim(s)
Communication from patient family members counts.
32
Types of Child Abuse
- Physical abuse
- Sexual abuse (rape, incest, statutory rpe, lewd or lascivious acts (any act with the intent of arousing, appealing to, or gratifying lust, passions, or sexual desires of the perpetrator or child), oral copulation, penetration by foreign object, chid molestation
- Sexual exploitation: pornography (including downloading or streaming child pornography), prostitution
- Neglect
- Willful cruelty or unjustifiable punishment
- Corporal punishment or injury
- Emotional abuse - optional report
33
License Reinstatement or Modification to Probation
- 3 years for reinstatement of license when revoked, suspended, or surrendered.
- 2 years for early termination of probation of 3 years or more
- 1 year for early termination of probation of less than 3 years
34
Tarasoff Duty - Components
- Reasonable effort must be made to warn the intended victim/victims
- Police must be notified
35
HIPAA - Right of Notice
Patient has right to be informed of psychologist's privacy policy
36
Coursework for Psychologist Licensure
- Substance Abuse (semester/quarter)
- Human Sexuality (10 hours)
- Child Abuse (7 hours)
- Spousal/Partner Abuse (2 hours for grad after 1995; 15 hours for after 2004)
- Aging and Long-Term Care (10 hours if graduate training started after Jan 1 2004)
- Suicide Assessment and Intervention (6 hours)
37
Postcertification Holds
5260 - At end of initial 14-day hold (5250), patient who continues to present threat o suicide may be confined for additional 14 days. Not renewable.
5300 - At the end of 14-day hold (5250) if person still presents danger to others, can be confined for up to 180 additional days. Can be renewed.
- 5270.15 - At the end of 14-day hold (5250), if patient remains gravely disabled, may be certified for an additional 30 days. Cannot continue after 30 days unless petition for conservatorship has been filed during hold.
38
Psychology License
- Renewed every 2 years
- Can be renewed within 3 years of expiration. After 3 years, must apply for new license
- 36 hours of continuing ed every 2 years (75% independent learning allowed. Must include training in area of law and ethics)
39
Minor Victim of Crime and Privilege
No privilege if pt is under 16 and has been the victim of a crime, and disclosure is in the best interest of the child.
40
Treatment Records Time Frame - CA Law (Minors)
Records must be maintained at least seven years from when patient turns 18 (age 25)
41
Exceptions that Allow Minor to Consent
- Emancipated minor
- Self-sufficient minor
- Situations in California Family Code and Health and Safety Codeq
42
HIPAA - Access to Records
Right to inspect and copy PHI in the medical record. Can be withheld if disclosure would jeopardize patient's or others safety.
43
HIPAA - Right to Request Restrictions
Right to reasonable requests to restrict use and disclosure of PHI.
44
Mandated reporting of elder abuse, long term care facility
- Local ombudsman AND local law enforcement
- Written report within two hours if serious bodily injury
- 24 hours if no serious injury
45
Ethics Code Preamble
The Preamble states that the goals of "the Ethics Code are the welfare and protection of the individuals and groups with whom psychologists work,and the education of members, students, and the public regarding ethical standards of the discipline"
46
Session Note Content
- ID data
- Date of service
- Type of service
- Time spent
- Fee
- Brief note on mental status
- Assessment of pt
- Plan for intervention
47
License Suspension
Licensee cannot practice - Licensee has been convinced of felony.
Licensee immediately suspend his or her practice - when licensee is threat to public.
48
Self Sufficient Minors
- 15 years or older, living apart from parent/guardian with or without consent
- Manages own finances
- Can lawfully consent to medical and dental tx.
49
Reporting for lewd/lascivious conduct w/ minor
- Under 14 with any age (unless close in age)
| - 14/15 with someone 10 years older than child
50
California Family Code
Treatment without parents' consent for 12 years / must be mature enough to participate
- Rational is that minor is at risk and needs treatment that might not be sought if parent consent required
- Minor must either present a danger to self or other, or have been the alleged victim of incest or child abuse.
- When shelter provided, must attempt to notify parent/guardian
- Minors cannot receive ECT, psychosurgery, or psychotropic meds without parental consent.
51
Conflict Between Ethics and Law
Clarify nature of the conflict, make known commitment to the Ethics Code, and take reasonable steps to resolve the conflict. May not be used to justify violating human rights.
52
Boundaries of Competence
Psychologists should be aware of, and practice within the boundaries of their competence; to practice in new areas, they must seek appropriate training, supervision, or consultation; in emerging psychologists should take "reasonable steps to ensure competence;" psychologists may provide services for which they are not fully competent if an individual would otherwise be unable to obtain services, provided psychologists have closely related prior training/experience, and pursue further training
53
Providing Services in Emergencies
Psychologists may provide services for which they are not fully competent. They should terminate as soon as the emergency passes or more appropriate services are secured.
54
Multiple Relationships are Acceptable if They:
- Do not impair a psychologist's objectivity, competence, or effectiveness
- Do not harm or exploit the other party
CPLEE
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