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FL Psych Laws/Rules

Florida Psych Laws and Rules Study Cards 2023

Chapter 490 of the Florida Laws & Rules is also known as? “Psychological Services Act” (p. 9)
A passing score on the Florida laws & rules exam shall cease to be valid _____ after the Board's letter to the applicant advising that the applicant has passed the Florida laws and rules exam? 24 months (p. 29)
Effective July 1, 1999 "doctoral-level psychological education" and "doctoral degree in psychology" means? a PsyD, EdD, or PhD in psychology (p. 9)
What must be accredited to be considered "doctoral level psychology education?" Institutional accreditation from an agency recognized and approved by the US Dept of Education or the Association of Universities and College of Canada Program accreditation from the American Psychological Association. (p. 9)
The "practice of school psychology" means rendering the following services: Assessment Counseling Consultation Development of programs (p. 10)
What number and types of people make up the Board of Psychology? 7 members total 5 must be licensed psychologists 2 must be citizens of the state who are not connected to the practice of psychology 1 of the 7 must be 60 years of age or older. (p. 10)
How are the Board of Psychology members selected? Appointed by the governor and confirmed by the senate. (p. 10)
How long do members serve on the Board of Psychology? 4 years (p. 11)
Where is the Board's headquarters? Tallahassee (p. 11)
What are the requirements for licensure by examination for a psychologist? Doctoral-level psychological education Two years or 4000 hours of supervised experience in the field of psychology Pass the EPPP and Florida laws and rules exams. (p. 11)
What kind of degree must a school psychologist obtain for licensure by examination? Received a doctorate, specialist, or equivalent degree from a program primarily psychological in nature Completed 60 semester/90 quarter hours of graduate study. (p. 12)
How many hours of experience must a school psychologist obtain for licensure by examination? Three years of experience in school psychology Two of which must be supervised. (p. 12)
What exam must a school psychologist pass for licensure by examination? An exam provided by the department. (p. 12)
How long does a licensure by examination applicant have to pass the EPPP, Florida laws and rules exams and submit evidence of completing the postdoctoral, supervised experience? 24 months. The Board may grant a 12-month extension if the applicant can demonstrate a good-faith effort to comply but could not because of illness or unusual hardship. (p. 33)
What are the requirements for a provisional license? Complete application and pay the application fee Earned a doctoral degree in psychology. (p. 12) Signed letter from supervising psychologist (p. 34)
Can a provisional licensee provide psychological services? Yes, but under the supervision of a licensed psychologist. (p. 12)
How long can one use a provisional license? 24 months after the date it is issued Cannot be renewed or reissued. (p. 13)
What are the requirements for licensure by endorsement? A diplomate of the ABPP in good standing Has a doctoral degree and at least 10 years exp in the past 25 years passed the FL L&R exam Not under investigation. (p. 13)
Where must a licensed psychologist display their license to practice psychology? Must be conspicuously display a valid, active license at each location where they practice. (p. 16)
Which words are legally protected and can only be used by someone with an active license? Psychologist School psychologist Psychology Psychological Psychodiagnostic Psychotherapy (a licensed psychiatric nurse practitioner may use). (p. 16)
All applicants for licensure use the title of _____ or _____ until licensed as a psychologist? Psychology resident or post-doctoral fellow
When can an unlicensed person practice juvenile sexual offender therapy? Employed/contracted to work with the Dept of Juvenile Justice or Dept of Children and Family Services Have appropriate training Supervised by a licensed professional. (p. 17)
What training is required for a psychologist to practice juvenile sexual offender therapy? Coursework/training in child behavior and development, child psychopathology, and child assessment and treatment 30 hours of juvenile sex offender assessment and treatment. (p. 60)
What are the training requirements for a psychologist to practice hypnosis? 10 clock hours of education. (p. 61)
How is the Probable Cause Panel created? Chairperson of the Board of Psychology appoint at least 2 people who will designate its chairperson. The appointed people will be either current or former Board members No more than 1 person on the panel may be a lay member. (p. 50)
What three things are not important when determining if a psychologist-client relationship exists? Formal contractual relationship Scheduling of professional appointments Payment of a fee for services. (p. 51)
When a psychologist is being investigated by the Department, when must they respond to written communication or make available any relevant records pertinent to the investigation? Within 30 days. (p. 15)
What constitute experimentation on human subjects? Any treatment or prescribing any therapy which, by the prevailing standards of the mental health professionals in the community, would constitute experimentation without first obtaining full, informed written consent. (p. 15)
A licensed psychologist shall have the words "licensed psychologist" appear on all professional advertisements which include: Advertisements in any newspaper, magazine, other print medium, airwave or broadcast transmission, or phone directory purchased by or on behalf of a licensed person. (p. 16)
A provisional psychologist shall have the words "provisional psychologist" on all promotional materials including: Cards, brochures, stationery, advertisements, and signs naming the provisional licensee. (p. 17)
How often can a licensed psychologist from another state can practice in Florida: No more than 5 days in any month No more than 15 days in any calendar year.
Confidentiality and privileged communication may be waived if: Psychologist is a defendant in a complaint by a patient Patient waives it Patient threatens to hurt self/others A threat must be communicated to law enforcement. (p. 20)
When can a psychologist present himself as a specialist? The person has received formal recognition form an approved certifying body. (p. 21)
A passing score on the Florida laws and rules exam shall cease to be valid _____ after the Board notified the applicant that they passed the exam. 24 months (p. 29)
What must post-doctoral training include? 20 hours p/week if part-time or 40 hours p/week if full-time 900 hours of direct client contact At least 2 hours of clinical supervision each week and one hour must be face-to-face. (31)
Application for licensure is either automatically denied permanently or denied for two years to allow for rehabilitation for these two reasons: Attempting to obtain a license by bribery or fraudulent misrepresentation Has been disciplined by any regulatory body in any jurisdiction for sexual misconduct or for any action involving the trespass of sexual boundaries. (p. 33)
If an applicant demonstrates satisfactory rehabilitation to the Board after attempting to obtain a license by bribery or fraud or sexual misconduct, what happens? They will be granted licensure and placed on probation under reasonable terms and conditions. (p. 33)
A plea of nolo contendere creates what? A rebuttable presumption of guilt of the underlying criminal charges. (p. 33)
Requirements for a limited license? The applicant is retired or will retire within 6 months of the date of the application Pay a $25 application fee unless a notarized statement is submitted stating that the applicant will not be paid for practicing psychology. (p. 34)1
How much is the biennial active renewal fee is? $295 every year except in 2020, 2022, 2024, 2026, and 2028 when the fee shall be $200. (p. 37)
What is the delinquency fee for not renewing an active license on time? $400 for an active or inactive license. $25 if a limited license is not renewed on time. (p. 37)
What is the application fee and renewal fee for Board approval of a continuing education provider? $250 paid to the Dept of Health by May 31 of every even numbered year. (p. 37)
What is the retired status fee? $50 and a change-of-status fee if an active or inactive status licensee chooses retirement status at any time other than at renewal. (p. 38)
Renewal of licenses requires how many CEUs? 40 hours of approved continuing education during the last biennium. (p. 39)
When must a change of address or a change in the place of practice of a licensee be reported to the Board? Within 45 days (p. 40)
What is required for the 40 hours of CEUs every two years? 3 hours must be on professional ethics and Florida laws and rules. Of those three hours: -At least one hour must be on professional ethics -One hour on Florida laws and rules -2 hours must relate to the prevention of medical errors (p. 42)
Passing the Florida laws and rules exam constitutes what regarding CEUs? 40 hours of CEUs including professional ethics and Florida laws and rules -Does not include 2 hours related to the prevention of medical errors. (p. 42)
How long must a psychologist keep proof of completing CEUs? Two years following the renewal period (p. 42)
How often must two hours of domestic violence CEUs be completed? 2 hours every 6 years.
How long must a continuing education provider retain originals of program evaluation forms? 3 years from the date on which the program was conducted and provide those forms to the Board upon request. (p. 44)
How much advance notice does a CEU provider need to give the Board regarding any significant changes in the program on file with the Board? 30 days (p. 44)
How much notice should a CEU provider give the Board if their address changes? 2 weeks (p. 44)
One hour of CEU credit is given for each one hour of instruction that is no less or no more than: 50 minutes of instruction (p. 44)
If a retired status licensee wants to reactivate his license to be active, he must have had a retired status license for how long? Fewer than 5 years (p. 47)
A psychologist-client relationship is said to exist when? A psychologist has rendered or purports to have rendered psychological services including psychotherapy, counseling, assessment, or treatment to a person. (p. 51)
The mere passage of time since the client's last visit to the psychologist is not solely determinative of what? Whether or not the psychologist-client relationship has been terminated. (p. 51)
What is not required to prove that a psychologist-client relationship exists? A formal contractual relationship, the scheduling of professional appointments, or payment of a fee for services. (p. 51)
What are not considered professional advertisement? Business cards, stationary, and a listing in the white pages unless the listing is distinguishable from the listings of non-licensees. (p. 57)
How long does a psychologist have to pay a fine imposed by the Board? 30 days from the date of the final order entered by the Board (p. 57)
How long does a licensee have to correct an infraction? 30 days (p. 58)
How many days should a psychologist take to respond to a written communication from the Board? Within 30 days (p. 15)
To use the title of “sex therapist” a psychologist must have received how many hours of training? 150 hours (p. 60)
To practice juvenile sexual offender therapy, how many hours of training must a psychologist receive? 30 hours (p. 60)
What coursework/training should a psychologist receive to practice juvenile sexual offender therapy? Child behavior and development, child psychopathology, and child assessment and treatment. (p. 60)
When is it a conflict of interest for a psychologist to perform a forensic evaluation for the purpose of recommending a time-sharing schedule and parenting plan? When they treated a minor or any of the adults involved in a dissolution of marriage, support, or time-sharing action. (p. 62)
Psychologists cannot perform as a forensic evaluator of minors for the purpose of dissolution of marriage, support, or time-sharing action when they also served in what roles for the minor or family being evaluated? As a guardian ad litem, mediator, therapist, or parenting coordinator. (p. 62)
Does a patient or client have a right to confidentiality in a therapy session even if someone else is paying for it? Yes, an individual’s communication with a psychologist during that private consultation will remain confidential. (p. 64)
When should entries be entered into the record after each consultation or rendition of service? Within 10 days. Entries made after the date of service should indicate the date the entries were made, as well as the date of service. (p. 64)
Psychological records should be retained for a minimum of? 3 years after completion of planned services or the date of last contact with the user, whichever occurs later in time. (p. 65) Complete records or a summary of records must be retained for an additional 4 years. Total years: 7
When does a psychologist NOT have to keep records on a patient? If the patients were assigned to the psychologist by a business entity which agrees to maintain and retain the confidentiality of the psychological records. (p. 65)
What must a psychologist do when terminating or relocating his psychological practice? Provide notice of termination/relocation in each of the county newspapers where the psychologist practiced for 4 consecutive weeks. (p. 65) Include date and address where they can obtain records
When providing notice of termination or relocation of psychological services, what should the notice include? The date when the termination or relocation of services will take place and an address where psychological records are being kept. (p. 65)
When I psychologist dies, psychological records should be kept for how long? 2 years, 2 months from the date of the psychologist’s death. (p. 65)
What should happen within one month of a psychologist’s death? Publish notice in the newspaper of greatest circulation in each county where the psychologist practiced for 4 consecutive weeks advising of his death Provide the address users can use to obtain a copy of their record for the next 2 years. (65)
Falsely used terms (psychologist, psychology, psychological, psychodiagnostic, psychotherapy, school psychologist) results in what charge? First degree misdemeanor
Exemptions for licensure? Salaried employee of government Developmental disability facility MH/SUDS facility State-wide child resource network Child placing agency DV shelter Accred. academic/research institute Private, non-profit org. w/ not charge (cannot as psychologist)
Exceptions to confidentiality Practitioner is a party defendant from complaint filed by client Client waives writing Clear and imminent danger to self, others, and society (warn possible victim, family, law enforcement)
What is required for license renewal for an inactive license? Submit a fee Statement certifying they have neither practiced psychology or violated any provisions
How can you obtain CEUS Graduate courses (7:1 cred; max 21) Presentations/workshop/etc. accredited by APA (5) Workshop/seminar by APA State/regional/national psych conference Board certification Present 1st time Board meetings (10) Volunteer expert witness (2 a case/10)
CEU providers must what? Enhance skills/knowledge Be sufficient duration/attend full length (50m=1hr) Have 2 years experience Submit narrative including research, promo material, objectives, instructor, qualifications, evaluations, example certificate
The following are required to provide names to the hotlines, which will be entered into the report but held confidential: Physician, nurse, hospital personnel Other MH professionals Spiritual healers School personal/teachers Social workers/day care worker/other prof. child care/foster care/residential worker LEOs Judge
A professional who was hired to treat a person who was abused is not required to report again if: If the subject of the referral for treatment was the abuse.
What happens to reports of child abuse/neglect? Immediately transferred to the sheriff's department Department conducts an assessment and writes a report that is also sent to the sheriff's office within 48 hours
When is there no privileged information? Communications relevant to issue proceedings to compel hospitalization for MH Court ordered examinations Communications in which patient relies on mental or emotional condition as element in claim or defense in any proceedings
What is a guardian? Natural guardian of a minor or a person appointed by the court to act on the persons behalf if they are a minor or adjudicated incapacitated.
What is a Guardian Advocate? A person appointed by the court to make decisions regarding mental health treatment on behalf of a patient who has been found incompetent to consent to treatment
What is considered mental illness? Impairment of mental or emotional processes Does NOT include: developmental disabilities, substance use disorders or intoxication, and personality disorders
Who are exempt from specific screenings (I.e., background checks and fingerprinting)? Students under supervision (unless with minors) Volunteers who assist for less than 10 hours per month as long as they are being observed by someone Mental health personnel who works less than 15 hrs/week of direct contact
What are the charges for bringing contraband on hospital grounds? 3rd degree felony
Rights of patients: Dignity Treatment Informed consent Quality treatment Communication, abuse reporting, visitation Care/custody of personal items To vote Habeas Corpus Violations Participate in treatment and discharge planing Posting of rights
Charge for sexual misconduct? 2nd degree felony Patient consent is not a defense Failure to report another person is a 1st degree misdemeanor False report is 1st degree misdemeanor Coerce/threaten someone to alter their report is 3rd degree felony
When can client records be released? Patient/guardian advocate authorizes Patient's counsel when needed for adequate rep. Court order Patient is committed to DOC or DCF Intent to harm/duty to warn Determining involuntary outpatient treatment Necessary for treatment
Involuntary patient who apples to be transferred to voluntary status shall be transferred immediately unless...? They have been: Charged with a crime Involuntary placed for treatment by the court Continues to meet criteria for involuntary placement
Law enforcement can act in accordance with ex parte orders for involuntary hospitalization when: Any day of the week and at any time May use reasonable physical force as necessary
Involuntary treatment procedures Must be examined by a physician, clinical psychologist, or psych nurse May be given emergency treatment for safety Cannot be released without approval from a physician, clinical psychologist, or attending ER physician No longer than 72 hrs after exam
Petition for involuntary OUTpatient placement may be filed by: Administrator of receiving facility Administer of treatment facility
Process of involuntary OUTpatient placements: Recommendation is supported by a physician and/or clinical psychologist who examined the patient in the last 72 hours Hearing within 5 working days Orders for up to 6 months and service provider shall discharged after
When is a veteran not able to be transferred to a VA? When convicted of a felony or misdemeanor charges or NGI
What must happen if an involuntary hospitalized person is released but has criminal charges? They are transferred to the appropriate custody
How many treatment visits can be provided to a minor (13 and under) without parental consent? No more than 2 visits in 1 week
What is a vulnerable adult? 18 years or older Ability to perform normal activities of daily living or provide own care or protection Impairment due to mental, emotional, sensory, long-term physical, developmental disability, brain damage, or aging MUST report any abuse by law
Legislative intent: Regulated for the preservation of health, safety, and welfare of public Most cost effective manner to maximize competition minimize licensure cost Maximize public access to meetings regarding professional regulation
Primary responsibility of board counsel: Represent the best interests of the citizens of the state
When can the State Surgeon General challenge rules? When it doesn't protect the public from harm Unreasonably restricts competition or availability of services Unnecessarily increases cost of services without public benefit
All information is required by the department of any applicant is public record and open to public inspection EXCEPT: Financial information Medical information School transcripts Exam questions, answers, grading keys, grades, papers
When can an applicant challenge exam scores? When the score is less than 10% below the minimum passing score
Armed forces and licensure when active duty: Kept in good standing without registering or paying fees when on active duty and for 6 months after discharge
Patient Self-Referral Act of 1992: Restricts certain health care providers from referring patients to an entity in which they hold a financial interest for
“Practice of psychology” means: Observations, Description, evaluation, interpretation, and modification of behavior. Use of scientific/applied psych principles, methods, and procedures. Purpose to describe, prevent, alleviate, or eliminate symptomatic, maladaptive, or undesired behavior
"Department" means: Department of health
The application processing fee for licensure as a psychologist in the State of Florida is not to exceed: $500
True or False: Being convicted, found guilty, or entering a plea of nolo contendere of a crime constitute grounds for denial of a license or disciplinary action. False; trick question 1. nolo contendere creates a rebuttable presumption of guilt. Board shall allow person to present evidence 2. alleged crime must directly relate to the practice of psychology or the ability to practice psychology for action
If the Board has reason to suspect that you are incompetent to practice psychology: The board has the right to compel a licensee to submit to a mental or physical examination by psychologists or physician's designated by them.
If a licensee refuses to submit to a competency examination: The Board may file a petition for enforcement in the circuit court of the circuit in which the licensee resides or does business
A licensee who has been stopped from practicing psychology due to incompetency: A licensee affected shall be afforded an opportunity at reasonable intervals to demonstrate that he or she can resume the competent practice for which he or she is licensed with reasonable skill and safety to patients.
Can CEUs be obtained by presenting or moderating a APA approved CEU? Yes, but only the first time presenting.
Obtaining board certification status, how many CEUS must you complete in the biennium? Automatically satisfies 37 CEU credits, Does not include 1 CEU for domestic violence and 2 CEUs for prevention of medical errors
How many of the 40 CEUs per biennium must be relate to prevention of medical errors? 2 hours
How many of the 40 CEUs per biennium must be in professional ethics and Florida Statutes and rules affecting the practice of psychology? 3 hours; at least one hour shall be on professional ethics at least one hour shall be on Florida laws and rules relevant to the practice of psychology
Types of citations/fines for practicing on an inactive or delinquent license $500 if <3 months $1000 if 3-6 months
Types of citations/fines for failure to provide documentation for CEUs? $50 per credit if some documents are provided; $3000 if no documents
Types of citations/fines for failure to notify an address change? 60-90 days: $250
Types of citations/fines failure to respond to conduct investigation with 30 days ? $500
Types of citations/fines for failure to report if convicted/guilty of crime after 30 days? $100
Types of citations/fines for failure to display licensure? $100
Types of citations/fines for failure to identify licensure type? $100
Criminal conviction relating to psychology. MIN: Reprimand and $2,500 fine; MAX: 1 year suspension followed by 1 year probation and a $5,000 fine.
Can the Board deny licensure if there is disciplinary action by another state, territory, or country? Yes The Board may consider your unethical behavior in another state as part of their criteria when deciding whether to license you in their state
CEUs may be earned by presenting or moderating a CEU course that is approved/sponsored by: A provider approved by the board; Only the 1st time gets CEUs! The course does NOT have to be APA approved
True or False: CEUs may be earned by presenting or moderating a CEU course, but the credit will be limited to the number of credits allowed by the program. TRUE
True or False: attendance at Board meetings may be used to satisfy ethics and legal issues CEU requirements TRUE
True or False: Home study is not an approved manner of obtaining CEUs for psychological education credit. False; Home study may be used as a means of obtaining CEUs if the course is provided by APA approved providers or their affiliates.
When the Board finds that an applicant has attempted to obtain a license by bribery or fraudulent misrepresentation: The application is permanently denied
If the Board finds that an applicant has been disciplined by any regulatory board (for reasons other than those that require immediate revocation of licensure) or been found guilty of any crime, the Board shall: Either deny the application permanently OR deny the licensure for 2 years to allow them an opportunity for rehabilitation or, if rehabilitation is demonstrated to the satisfaction of the Board, grant licensure and probation
Psychologists practicing with a limited license may only provide services to: Indigent, underserved, or critical need populations.
In order to receive limited licensure, the applicant must have been licensed to practice in any jurisdiction in the United States for at least _____ years in the profession for which the applicant seeks a limited license 10 years
True or False: The application fees and all licensure fees shall be waived if the applicant for limited licensure will not receive monetary compensation for any services provided. TRUE
The recipient of a limited license may only practice in: The public agencies/institutions or nonprofit agencies/institutions
A psychologist has _____ number of days to provide copies of psychological records. 30 days
The psychologist’s notes pertaining to psychological services rendered may be considered raw data and can be released (at the discretion of the psychologist ) only to: Licensed psychologist or school psychologist licensed pursuant OR required by law
A provisional licensee must work under the supervision of a licensed psychologist until: the provisional licensee is in receipt of a license OR a letter from the department stating that he or she is licensed as a psychologist.
Where do you file an abuse report? To the central abuse hotline
If a client lives out of state and reports abuse that occurred out of state what must be done? The central abuse hotline must instead transfer the information in the report or call to the appropriate state or country.
A person cannot use the word psychotherapist unless they: Person holds a valid, active license An advanced practice registered nurse under
Who should you report to if you witnesses sexual misconduct, or who otherwise knows or has reasonable cause to suspect that a person has engaged in sexual misconduct? Department’s central abuse hotline and the appropriate local law enforcement agency
How many hours of training does a guardian advocate need? at a minimum, a 4-hour training course approved by the court This training must include information about patient rights, psychotropic medications, diagnosis of mental illness, ethics of medical decision making, and duties of guardian advocates.
How often do you need to renew an inactive license? Every biennium (2 years)
What happens when the department has probable cause to believe that someone is practicing without a license? Department may issue and deliver a notice to cease and desist May also impose a citation that does not exceed $5000 per incident
A person age 17 or younger may be admitted only after: a clinical review to verify the voluntariness of the minor’s assent.
For each hour of continuing education not completed or completed late, the board or department may require the licensee to take ____ additional hour of continuing education 1 hour
If electronic notification is used, it shall be the responsibility of _________ to ensure that the electronic notification was received by the Department. the licensee
The _______ has the burden of establishing that doctoral degree requirements have been met. Applicant
A listing in the _____ pages of a telephone book is not a professional advertisement unless the listing is distinguishable from the listings of non-licensees. White
A professional advertisement must include the words “__________” regardless of whether the licensee paid for the advertisement or not. licensed psychologist
A person shall not be denied treatment for mental illness and services shall not be delayed at a receiving or treatment facility because of ______ inability to pay
No more than ____ days after admission to a facility, each patient shall have and receive an individualized treatment plan in writing which the patient has had an opportunity to assist in preparing and to review prior to its implementation. 5
“Qualified professional” means: licensed physician or a physician assistant licensed psychiatrist psychologist psychiatric nurse
Created by: sco92
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