pages 53-100

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Emotional Abuse when a child appears to be suffering serious emotional damage resulting in severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others,

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if both parties are 16 and older

Not reportable if voluntary sexual intercourse

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True or false: A report is mandated if there has been rape or incest with anyone under 18, and a party of any age?

True

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All primary supervisors must be licensed psychologists and

must complete a minimum of six hours of supervision coursework every two years

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The regulations require that the supervisor be employed by the same work setting - even if only a few hours. They must be available to the supervisee what %

100%, even if by cell.

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Primary supervisors must ensure that the supervisee always complies with??

psychology licensing laws as well as with the Ethical Principles of Psychologists and Code of Conduct of the American Psychological Association. This guideline applies to record keeping as well.

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WILLFUL CRUELTY OR UNJUSTIFIABLE PUNISHMENT of a child refers to a situation where any person willfully causes or permits any child to suffer, or inflicts unjustifiable pain or mental suffering

When a child witnesses domestic violence, this frequently constitutes unjustifiable emotional suffering. Can report

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if the report of suspected child abuse or neglect is urgent, it must be reported to

any police department, sheriff’s dept, or county welfare department immediately or as soon as is practically possible by telephone, and then followed up with a written report (form SS 5872) within 36 hours, either online through SCAR

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Effective January 1, 2022, “elder” is any person residing in the state of California,

60 years of age or older. A “dependent adult” is any person residing in the state of California, between the ages of 18 and 59, “who has physical or mental limitations

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Abuse involves :

Physical harm, pain or mental suffering (e.g., fear, agitation, severe depression), or deprivation by a care custodian of the goods or services that are necessary to avoid physical harm or mental suffering

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a female patient tells a psychologist that she is the victim of spousal abuse, and there are bruises evident. If the psychologist makes a report without the patient’s consent, this would constitute...

a serious violation of confidentiality.

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Providers of mental health services (e.g., psychologists) may never breach a patient’s confidentiality with

regard to HIV status.

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Any psychotherapist who becomes aware through a patient that the patient had sexual contact with their psychotherapist during the course of treatment has the legal obligation to give the patient the brochure

entitled Therapy Never Includes Sexual Behavior, and to discuss the brochure with the patient

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A psychologist may only report to the BOP on behalf of a patient if

the patient gives written authorization. here is no law that requires a psychologist to report sexual misconduct by a colleague

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regulations do not limit the number of hours that may be accrued....how?

under a single supervisor. Thus, all 3,000 hours may potentially be accrued under the same primary supervisor.

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Each 1,500 hours of SPE must be completed within a 30-month period. If both years of SPE (3,000 hours) are completed post-doctorally, they must???

be completed within a 60-month period.

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PHI refers to health information that identifies a patient, and that is transmitted or maintained in any form (e.g., on computer, handwritten notes, etc.).

PHI includes information about the mental health condition of a patient (e.g., diagnosis, symptoms, prognosis, progress), the provision of services (e.g., medication, treatment modality, treatment plan, frequency of treatment), and payments

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Psychotherapy notes refer to what have historically been termed “process notes.” These include

notes of practitioners that document/ analyze the content of counseling sessions (e.g., dreams, transf). for process notes to be considered “psychotherapy notes” and to be accorded special protection,HIPAA requires that these notes be “sep from record"

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Registered psychological associates must have at least

a master’s degree and may provide limited psychological services under the direct supervision of the licensed psychologist to whom they are registered.

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The BOP regulates who?

licensed psychologists and psychological associates.

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According to HIPAA, patients do not have a right to inspect or obtain

a copy of their psychotherapy notes

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Licensed psychologists may practice- how/where?

independently in public or private settings.

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Board of Psychology consists of ? and how long do they serve?

9 members, four of whom are public members, and five of whom are licensed psychologists. hold terms for 4 years, may serve no more than 2 consecutive terms.

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SPE is defined as

an organized program; structured and administered sequence of professionally supervised comprehensive clinical training experiences.”sequence of training that ultimately prepares supervisees for independent practice in psychology.

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FORMAL POSTDOCTORAL TRAINING AND Formal internships use what three training match options?

CAPIC. APA, APPIC

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8.11 PLAGIARISM

Plagiarism is strictly prohibited.

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TESTIMONIALS

Ethics Code allows for solicitation and use of testimonials under certain narrowly circumscribed situations. They may never be solicited from current clients clients, or from any persons who are vulnerable to undue influence

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4.06 CONSULTATIONS During consultations, psychologists should not reveal detailed information that could lead to identification

Psychologists should only share information that is absolutely necessary for the purposes of the consultation.

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hen an employer refers an employee through the company’s EAP program, the employer has the right to know whether or not the employee attended sessions ...BUT

(although the employee will still need to sign a release); however, the employer does not have the right to confidential information about session content

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If you learn of the ethical violation directly from your client:

you must protect the client’s confidentiality above all. You may not make a report to the ethics board or state licensing board unless authorized by the client (with a release of information).

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CLAIMING PRIVILEGE Privilege may be claimed by

by the holder of privilege, an authorized person, or the psychotherapist.

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EMPLOYMENT RELATED HEALTH CARE SERVICES EAP

employee at the specific prior written request and expense of the employer to disclose certain info. . relevant in a lawsuit (patient has raised the issue of his or phys/mental health), and info that describes functional limitations, a signed release.

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SUPERVISION Supervision might be required when psychologists are applying a

Supervision might be required when psychologists are applying a newly learned technique such as hypnosis or biofeedback, beginning to work with a specialized population such as the hearing-impaired, or treating a client outside experience

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REPORTING ETHICAL VIOLATIONS-peers

psychologists should take further action, such as referral to ethics committees or licensing boards. However, such action should not be taken if confidentiality rights will be violated, or if the psychologists were retained to review another in quest

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INFORMAL RESOLUTION OF ETHICAL VIOLATIONS

If psychologists know of an ethical violation by another psychologist, they should speak directly to the colleague, assuming an “informal resolution” seems appropriate and confidentiality will not be violated

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the BOP bases its standard of ethical conduct on

the Ethical Principles of Psychologists and Code of Conduct of the American Psychological Association.

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a key distinction between confidentiality and privilege:

Confidentiality involves keeping the therapist-pat info in confidence so no person outside of the therapy relationship has access (spouse). Privilege involves keeping the patient-therapist information in confidence specifically a legal proceeding.

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HIPAA is comprised of three rules:

the privacy rule, the transaction rule, and the security rule

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PUBLICATION CREDIT

Minor contributions should be acknowledged in a footnote or an introductory statement. Ethics Code specifies that students should usually receive first authorship when their dissertations are published as articles. does not apply to master’s theses

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The Ethics Code does not prohibit having a sexual relationship with

former students or supervisees as it does with former clients

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ACCURACY IN REPORTS TO PAYORS AND FUNDING SOURCES

Psychologists may not submit false diagnoses or exaggerate their clients' problems in order to ensure continuation of coverage. Nor may they understate diagnoses in an effort to reduce stigma

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Psychologists must, however, give clients sufficient warning before collection agency will be used so that clients

have the opportunity to pay their bill before it goes to the collection agency.

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STATEMENTS BY OTHERS

Psychologists retain responsibility for public statements even when they hire someone else to promote them or their practice. Psychologists must try to prevent others (e.g., employers) from making any deceptive statements and correct them

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UNFAIR DISCRIMINATION AGAINST COMPLAINANTS AND RESPONDENTS

An employer cannot refuse to hire someone because of an unresolved ethics complaint pending against him or her, but if the complaint was adjudicated and the person is found guilty of an ethics violation, the employer may take that into consideration

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CONFLICTS BETWEEN ETHICS AND LAW (Amended 2010

psychologists should “clarify the nature of the conflict, make known their commitment to the Ethics Code and take reasonable steps to resolve the conflict” in a manner consistent with the Ethics Code- can't violate human rights

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If the patient is dead, the ---------- is the holder of privilege

personal representative of the patient

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___________is both a legal and an ethical imperative

Confidentiality

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Privacy is defined as the

state of being let alone and able to keep certain especially personal matters to oneself.” In essence, privacy is the right that prevents others, especially the government, from interfering with our lives

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A licensed psychologist who is not practicing may also apply to the board to request that

his or her license be placed on inactive status

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Registration as a psychological associate is limited to a cumulative total of ???

six years (72 months)

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Psychologists do not need to submit proof of CPD with licensure renewal. certify on the application for license renewal that the CPD requirements have been completed. BE aware the BOP can?

The BOP may randomly audit psychologists and request proof of CPD. Psychologists must maintain documentation of CPD for four years after the renewal period

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the ten ethical standards are enforceable: they provide the specific guidelines for the ethical behavior of psychologist. Unlike the 5 general principles which are?

are aspirational, meaning that they are goals intended to “guide psychologists toward the highest ideals of psychology.” It is explicitly stated that they are not enforceable rules.

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Technically, compliance with HIPAA’s rules is only required when health information is transmitted in some electronic form.

once any information is transmitted electronically, HIPAA’s rules apply to the entire practice of a psychologist or an institution.

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In electronic record keeping when can you destroy records?

Original hard copies of patient records may be destroyed once the record has been electronically stored

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if PATIENT WAIVES PRIVILEGE...

If the patient waives privilege, the information may be disclosed in the legal proceeding.

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Privilege is waived, however, any time a confidential communication is disclosed by the patient to unauthorized third persons. For example,...

a patient tells his neighbor he raped a woman, and that he has shared this with his therapist. Should there be a legal proceeding, this specific information would no longer be privileged.

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Treatment Emergencies

are situations in which information must be shared with health care providers to protect a patient from immediate physical harm

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allegations, the BOP submits the case to the ...

Attorney general. Founded become public.

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Primary supervisors must also complete a minimum of ? hours of supervision coursework every two years, that can count toward meeting CPD requirements

6, but Supervision coursework is not a licensure renewal requirement.

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Who is responsible for informing patients that a supervisee is under supervision?provides the supervisee with the pamphlet, "therapy never includes sexual behavior"

Primary supervisors are responsible for informing each patient prior to the rendering of services by the supervisee that the supervisee is unlicensed and functioning under the direction and supervision of the supervisor. Also give pamphlet

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Authorization refers to obtaining patient permission to disclose information on a release of information form.

For example, if a patient’s employer, a spouse, a school, or the court requests PHI, an authorization from the patient must be secured. Psychologists do not need a patient authorization for mandated disclosures (e.g., Tarasoff, child abuse).

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There are few exceptions to the requirement of informed consent in research AND

Even research involving deception requires informed consent

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MEDIA PRESENTATIONS When psychologists provide public advice (e.g., lectures, radio or television programs, web sites), their statements must be based on appropriate psychological literature and practice, must be consistent with the Ethics Code,

Specifically, media psychologists should make it clear that they are not providing treatment, but are only offering advice or feedback.

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COOPERATING WITH ETHICS COMMITTEES - APA can do what?

APA cannot suspend or revoke a psychologist’s license; however, they can inform the state board of any complaints received, and any action taken against a psychologist.

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Section 5585 applies if the person is a minor. Section 5585 can only be implemented when...

when the minor’s parent or guardian is not available to authorize voluntary treatment. The facility must make every effort to notify the minor’s parent or legal guardian of the hospitalization, as soon as possible after the minor is hospitalized

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if the minor was legally authorized to get treatment by himself or herself, the parent or guardian..can do what with the records..?

May be denied access to the treatment record. ALSO if the provider determines that there could be either a detrimental effect on the therapy relationship, minor’s physical or emotional well-being jeopardized, they may be denied access to record

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a patient does not want his or her therapist to disclose confidential communications in a court of law, a deposition, or an administrative hearing, the patient may.....

“invoke privilege.” By invoking privilege, the confidential information is kept out of the court, unless the court specifically orders the release of the patient’s records

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Privilege, or testimonial privilege, is the patient’s right to

keep confidential communications from being disclosed in a legal proceeding.

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Confidentiality is the patient’s right to have communications kept within the bounds of the

Professional patient-therapist relationship. Confidential communications are generally not to be revealed to “third parties.” A third party is anyone outside of the professional relationship

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Psychologists must include their license number in any advertising, public directory, or solicitation of business. AND

False or misleading advertising is illegal and is a misdemeanor- can lead to 6 months jail or 2500 fine-both. llegal advertising may result in disciplinary action

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Formal internships are by definition___________; thus only _________ SPE may be accumulated at formal internship sites.

predoctoral, predoctoral

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