Maryland Psychology Jurisprudence Exam and Retake with Study Guide 2024, Exams of Nursing

Download Maryland Psychology Jurisprudence Exam and Retake with Study Guide 2024 and more Exams Nursing in PDF only on Docsity! MARYLAND PSYCHOLOGY JURISPUDENCE EXAM AND RETAKEWITH STUDY GUIDE 2024 | ACCURATE CURRENTLY TESTING REAL EXAM QUESTIONS WITH KNOWLEDGE CHECK FLASHCARDS | EXPERT VERIFIED FOR GUARANTEED PASS | LATEST UPDATE Definition of household (child abuse and neglect) - CORRECT ANSWER Location: (1) in which the child resides; (2) where the abuse or neglect occurred; (3) where the person suspected of abuse or neglect resides. Identifying information (child abuse and neglect) - CORRECT ANSWER the name of: (1) the child allegedly abused or neglected; (2) member of the household of the child: (3) parent or legal guardian of the child; or (4) individual responsible for abuse & neglect What is the definition of indicated? (child abuse and neglect) - CORRECT ANSWER finding that there is credible evidence that abuse and neglect occurred. What constitutes mental injury? (child abuse and neglect) - CORRECT ANSWER observable, identifiable, and substantial impairment of a child's mental or psychological ability to function. General definition of child abuse - CORRECT ANSWER physical or mental injury of a child by any parent or other person who has permanent or temporary custody or care or responsibility for supervision of a child, or by any other household or family member, under circumstances that indicate a child's health or welfare is harmed or at substantial risk of being harmed. Or the sexual abuse of a child, whether or not physical injuries are sustained. What does sexual abuse include? (child abuse and neglect) - CORRECT ANSWER allowing or encouraging the child to engage in: (1) obscene photography, films, poses; (2) pornographic photography films, or poses; (3) prostitution- trafficking, incest, rape, sexual offense, sodomy, unnatural or perverted sexual practices. What does "immunity" mean in the context of child abuse and neglect reporting? - CORRECT ANSWER a person making a report is free of civil or criminal liability. What is neglect? - CORRECT ANSWER leaving child unattended or failure to give proper care and attention by parent or person who has temporary or permanent care or custody of child, including child health or welfare is harmed or at substantial risk, or mental injury or substantial risk of mental injury What does "ruled out" mean? (child abuse and neglect) - CORRECT ANSWER a finding that abuse, neglect, or sexual abuse did not occur What is an "alternative response" (child abuse and neglect) - CORRECT ANSWER approach to handling low-risk reports of abuse and neglect since 2012 in MD- DHS works with the family without the threat of a formal finding of abuse and neglect. Involves assessment of: (1) risk or harm to child; (2) risk of subsequent abuse or neglect; (3) family strengths & needs; (4) provision of referral for needed services and supports. 2 things alternative response does not include (child abuse and neglect) - CORRECT ANSWER (a) an investigation; (b) a formal determination about whether child abuse or neglect has occurred. What are the mandated timelines after reports of child abuse or neglect? - CORRECT ANSWER 24 hours after the report of sexual abuse; 5 days after the report of physical abuse or neglect- the local department or law enforcement will begin. What is the timeline for completion of an initial investigation of child abuse or neglect? - CORRECT ANSWER 10 days after the local law enforcement receives the first notice of suspected abuse, preliminary findings must be reported. How long are records about an alternative response maintained? (child abuse and neglect) - CORRECT ANSWER 3 years after the report was received and if there is no additional child welfare activity, records can be expunged and won't come up in background checks for employment. Criteria for acceptance into a private therapeutic group home for a child or adolescent - CORRECT ANSWER (1) under 18; (2) has a mental disorder; (3) requires residential services What is a peace officer? - CORRECT ANSWER sheriff, deputy sheriff, police officers, secret service agent, agent of the Department of Homeland Security. Can be a petitioner in an emergency evaluation request after observing an individual's behavior. Health information exchange- definition - CORRECT ANSWER infrastructure that provides organizational and technical capabilities for the exchange of protected health information electronically among entities not under common ownership. Person in interest- definition (Medical Records Act) - CORRECT ANSWER (1) an adult a provider maintains a record about; (2) person authorized to consent to health care for an adult: (3) appointed representative of a deceased person; (4) minor, if the minor has a right to consent for treatment; (5) parent, guardian, custodian, or representative of the minor (parent- unless the authority to consent has been limited by court order or valid separation agreement). Protected health information - definition - CORRECT ANSWER all individually identifiable health information held or transmitted by a covered entity-- protected under HHS privacy rule. Are disclosures included in a medical record - CORRECT ANSWER yes, to any person who is not an employee or agent of the health care provider disclosure of medical record it only allowed ifprovided by title or law Who can authorize disclosure? - CORRECT ANSWER authorization by person of interest (adult patient, adult consenting for another, representative of deceased person, minor if minor consented on own, parent/guardian of minor patient at the discretion of physician, parent/guardian providing consent for minor, attorney for a patient What kind of disclosure is exempted from disclosure rules? - CORRECT ANSWER risk management, quality assurance, medical/dental/pharmacy review committee, governed by substance abuse record rules, governed by intellectual disability rules, directory information; child abuse/neglect; elder abuse/neglect What are the parts of a valid authorization? - CORRECT ANSWER in writing, dated, signed; name of health care provider; identity of patient; period of time authorization is valid, less than 1 year (except for criminal justice, valid until 30 days after final disposition, or nursing home, valid until revoked); apply only to the medical record of the provider (unless in writing to include record from another provider and that provider has not prohibited re-disclosure) How do you revoke authorization - CORRECT ANSWER in writing; effective on day of receipt; disclosure made prior is not affected; does not apply to criminal justice referrals How do you document disclosures - CORRECT ANSWER medical record should include authorization, any action taken in response; any revocation of authorization How do you handle requests for copies of records - CORRECT ANSWER persons in interest have right to a copy, or to see and copy the medical record; can refuse to give it if believe it will be injurious, but then if there is a written request, can make a summary, keep a copy of the summary in the medical record; permit examination and copying by another health professional authorized to treat the individual for the same condition; inform the patient of right to pick a new provider Can patients ask to change their medical record? - CORRECT ANSWER yes, need procedures for this: - does not include deletion. After request, can make the change or refuse to change it (in writing to the patient). If you refuse to change medical record, what do you need to do? - CORRECT ANSWER 1. tell patient, in writing, reason for refusal, and procedures established for review of refusal 2. shall permit to insert a statement into medical record from patient about the request, and a statement from you explaining refusal 3. shall write to anyone that was given the record in the past 6 months to explain request for change or actual change in the record Payments for costs of copying medical record - CORRECT ANSWER (includes medical bill, excludes x-rays) no more than 50 cents per page plus prep fee of $15, actual cost of postage. can require payment in advance, except in emergencies. cannot charge a government agency. When is unauthorized disclosure of medical records allowable? - CORRECT ANSWER (1) to health care provider's authorized employees, students, consultants for seeking payments; (2) to provider's legal counsel or insurer when addressing a claim against the health care provider; (3) if the person given access signs an acknowledgement not to re-disclose; reasons to be given access: -education or research; evaluation and management of health care; -accreditation of the facility. (4) to another health care provider treating the patient,with Special limitations for mental health records; (5) billing to payors or insurers; (6) if a health care provider makes a determination that immediate disclosure is necessary for emergency care; (7) to immediate family members EXCEPT if patient has instructed providers NOT; does not apply to mental health records; (8) to organ and tissue donors; (9) MD Dept of Health and Mental Hygiene; (10) for coordination of services & record retention in local government (Montgomery County); (11) Insurance carrier (also restrictions for mental health records) In the case of investigations, when can medical records be released without authorization of the person in interest? - CORRECT ANSWER (1) compulsory processes- subpoenas, warrants, summons; (2) to a unit of state or local governmentinvestigating child abuse and neglect; only records/information that could help with:-Assessment of risk -development of a service plan-implementing a safety plan-investigation of suspected abuse(3) re-disclosure is not allowed; (4) health care board investigations; (5) provider's insurer or legal counsel for claims initiated by the patient; (6) Medical review committee; (7) CINA (child in need of assistance case- 15 days to object; (8) MD Insurance Administration; (9-11) fatality review teams- child, domestic violence, drug overdose limitations on mental health and substance abuse records Can mental health records be released without authorization to grand juries, prosecutors, or law enforcement? - CORRECT ANSWER only when a provider is being investigated or prosecuted for theft/fraud, obstruction of justice, perjury, unlawfully distributing controlled substances, criminal assault, neglect, patient abuse or a sexual offense. Only if (1) there are written procedures to securely maintain records; (2) to the extent possible, identifying information can be removed. Case management - CORRECT ANSWER individualized, recipient centered services designed to assist in obtaining effective mental health services through assessment, planning, coordination, and monitoring on behalf of the recipient. What kind of CE documentation is necessary? - CORRECT ANSWER reprints, transcript and course syllabi, test and certificate of completion for independent study or workshops; keep for 4 years. What CE hours are earned for scholarly activities? - CORRECT ANSWER only earned by first 3 authors- authoring, editing, presenting or revising a publication, 20 hours for a book, 15 for editor of a book, author of a book chapter, author of a journal article, 15 for service as Editor or Associate Editor of a journal, 15 for service on an editorial board for a journal, 3 hours for each hour of presentation (max 15 hours) for an authorized sponsor, 3 hours for each poster presentation (max 15 hours) for an authorized sponsor, 15 hours for teaching a new graduate level psychology course What are rules for earning CE at a presentation? - CORRECT ANSWER authorized sponsor, defined purpose and content area, qualified presenter, 1 hour or more in length, record of attendance, documentation of completion, evaluation Who is automatically authorized to provide CE in MD? - CORRECT ANSWER NIH, APA, NASP, NASW, AMA, MD Dept of Health and Mental Hygiene, MD Psych Association (approved by APA), accredited academic institution Failure to complete CE requirements - CORRECT ANSWER do not complete, or do not comply with audit within 30 days If denied license or renewal - CORRECT ANSWER can request a hearing within 30 days in writing; Board convenes a hearing To reactivate license from inactive - CORRECT ANSWER provide proof of 20 CE (10 or fewer independent study) in last year, if more than a year left in the cycle complete another 20 in that time period. To reactivate license from expired - CORRECT ANSWER provide proof of 20 CE (10 or fewer independent study) in last year and complete the rest on time OR if more than 1 year since it expired show 40 CE for the current period. Can you always reactivate an expired license? - CORRECT ANSWER no, not if more than 5 years expired - then reapply How does the Board notify about a hearing? - CORRECT ANSWER at least 30 days before - in person, registered or certified mail, restricted delivery, return receipt; must state issue or charges Can you have legal counsel for a hearing? - CORRECT ANSWER yes, you can be alone or with counsel Why a prehearing conference - CORRECT ANSWER to attempt to settle the case, to prepare for the hearing by delineating issues, stipulating facts, arranging schedule, arranging witness list, subject matter of testimony What is discovery on request? - CORRECT ANSWER by written request, either party can request within 15 days: witness list, copies of documents What is mandatory discovery? - CORRECT ANSWER each party will provide the other (at least 15 days before prehearing conference or 45 days before hearing) name and cv of expert witnesses, expert report How is expert report evaluated? - CORRECT ANSWER can exclude it if not sufficiently specific or doesn't comply at the prehearing conference or just before the hearing Can you add witnessses or documents later? - CORRECT ANSWER not after the prehearing conference, or if none, no later than 15 days before the hearing (except for impeachment or rebuttal purposes) Can you appeal? - CORRECT ANSWER yes, you can seek judicial review What if the Board decides a psychologist is not in violation of Title 18? (After a hearing; etc) - CORRECT ANSWER all charges will be dismissed, exoneration, expunge records of proceeding, no further action by Board on these specific charges Do the ethics only apply to licensed psychologist? - CORRECT ANSWER no, also applies to you during the training period, and to others who practice psychology in the state Client - definition - CORRECT ANSWER individual, couple, family, group, business, agency, school, organization, or association that the psychologist provides with professional services Psychologist - definition - CORRECT ANSWER an individual licensed by the Board to practice psychology What are some terms that are limited to licensed psychologists for describing their title or services provided? - CORRECT ANSWER A person who is NOT a licensed psychologist cannot use the terms "psychologist" or "psychological" or "psychology" §18-102 Scope of Title - CORRECT ANSWER - Responsibility for a psychology associate's conduct - Supervising psychologist and associate are jointly responsible for associate's professional decisions and actions What is a multiple relationship? - CORRECT ANSWER relationship in which you are concurrently participating in two or more roles Reporting restrictions or limitations by another jurisdiction - CORRECT ANSWER the Board must be notified in 60 days if a license or registration granted by another authority for the practice of psychology has been limited, restricted, revoked, or subject to any other disciplinary action What are four sexual intimacies? - CORRECT ANSWER 1 - genital contact 2 - nongenital contact with hips, loin, thigh, buttocks or breasts 3 - exposure or observation of genital or nude portions of bodies involving breasts, buttocks or genitals 4 - other behaviors engaged in for the purpose of sexual arousal or gratification After a hearing, how does the board convey the decision? - CORRECT ANSWER in writing with statement of facts and findings, protects patient confidentiality; mailed to licensee and legal counsel; if no violation, immediately dismissed and records expunged 5 aspects of research consent to make clear - CORRECT ANSWER 1) purpose and nature as well as costs 2) purpose and nature of evaluation, treatment, education or training procedure 3) risks and consequences 4) right to withdraw 5) notification about any observation, taping, filming 6 aspects of therapy to make clear (informed consent) - CORRECT ANSWER 1) reasonable expectation 2) nature and purpose of testing, reports, consulation 3) limits of confidentiality 4) fees, billing, electronic services, collection 5) schedules 6) termination procedure 5 aspects of fees and payments to make clear (informed consent) - CORRECT ANSWER 1) make advance financial arrangements 2) inform about collection procedures 3) comply with rules on referrals 4) make clear any renumeration in providing referrals 5) don't sign insurance statements unless provided the services yourself Testing/assessment - 9 important things TO DO - CORRECT ANSWER 1) only perform when needed in professional context 2) only most current versions 3) use specialized instruments for special populations 4) use appropriate norms and scoring 5) select instruments that are valid 6) reporting results in a way that is understandable, takes into account limitations of test, and is not overly reliant on automated scoring 7) base recommendations on current tests 8) supply a manual to other professionals 9) release results to clients as appropriate 3 things NOT to do with testing/evaluation - CORRECT ANSWER 1) do not release test protocols or raw data to people who are not qualified 2) don't encourage testing or interpretation by people who are not qualified 3) don't reproduce test materials or describe tests publicly in ways that compromises validity Who can you release test results to? - CORRECT ANSWER must be qualified to interpret raw data unless required by law What are two key aspects of client welfare? - CORRECT ANSWER 1 - make sure to disclose conflicts of interest, taking confidentiality into account 2- arrange for emergency coverage when not available What exploitation must be avoided (5 things) - CORRECT ANSWER 1 - exploit or harm 2 - take actions that violate or diminish rights 3- exploit trust and dependency 4 - allow personal, social, religious, organizational, financial, political pressures to lead to misuse of their influence 5 - enter into non-psych, non-professional relationship that is considered exploitative based on (nature, duration, intensity of services, length of relationship, length of time since termination, mental stability of psychologist and client, circumstances of termination, likelihood of adverse impact) What sexual misconduct must be avoided? - CORRECT ANSWER 1 - sexual intimacies with current client 2 - sexual intimacies with former client within 2 years of termination or longer if it might be exploitative (same definition as earlier) 3 - sexual intimacies with relatives of a client within 2 years of termination 4- termination so as to engage in sexual intimacies 5 - sexual behavior in the context of evaluation, treatment, service 6 - sexual behavior under the pretext of therapeutic benefit What harassment must be avoided? - CORRECT ANSWER 1 - engage in sexual solicitation, advances, verbal or nonverbal sexual conduct in connection with professional role 2 - sexual harassment of present or former clients, supervisees, research participants 3 - create hostile work or educational environment of unwelcome or offensive behaviors 2 ethics in regard to children - CORRECT ANSWER 1 - treat minor children or adults with legal guardians only with appropriate authorization 2 - take special care to protect children What should you do about identifying information in teaching and research? - CORRECT ANSWER obtain informed written consent before presenting identifying information in writing, lecture or other public forums; disguise this information in teaching & research 2 do's for termination - CORRECT ANSWER 1 - make referral if in best interest of client 2 - terminate by notifying in writing, assist in obtaining help from another 4 reasons one MUST terminate - CORRECT ANSWER 1) if it is clear that the client is not benefiting 2) multiple relationship develops or is discovered 3) impaired competency develops 4) psychologist is threatened by client or relative Limits of confidentiality - CORRECT ANSWER must be fully explained to client: child abuse, imminent severe harm to another or the person (also for minors with legal guardians) 2 reasons to release client records - CORRECT ANSWER as permitted or required by law: 1 - patient request 2 - child abuse reporting Fee for licensure application & registration as associate - CORRECT ANSWER $300; $200 Examination Fees - CORRECT ANSWER National - $650; State - $250 License/registration renewal fees - CORRECT ANSWER $400; $300 - bienniel Inactive status fee - CORRECT ANSWER $200 every 2 years License/registration reinstatement fee - CORRECT ANSWER $700; $600 8 ways to protect confidentiality - CORRECT ANSWER 1 - maintain confidentiality 2 - explain limits at beginning of treatment 3 - safeguard information 4 - release only as permitted or required by law 5 - obtain written permission for recording interviews 6 - avoid invasion of privacy by writing only about relevant data 7 - treat assessment data as confidential 8 - obtain consent before presenting info & disguise information when possible (especially in research & teaching) Record keeping - CORRECT ANSWER include informed consent, presenting problems, diagnosis, fee arrangements, dates and type of service, test data and evaluations, results of consultations What is a psychology associate? - CORRECT ANSWER - Master's degree or equivalent, has applied to the Board, will work under direct supervision of a licensed Psychologist - Considered "Full-time" - Provision of direct services at least 26 hours/week Sanction/Penalty for fraudulently or deceptively obtaining, or attempting to obtain a license or registration - CORRECT ANSWER (8) up to: denial or license/registration or revocation/ $10,000 Sanction/Penalty for willfully making a false report or record - CORRECT ANSWER (9) up to: denial or license/registration or revocation/ $10,000 Sanction/Penalty for professional incompetence - CORRECT ANSWER (10) up to: revocation/ $10,000 Sanction/Penalty for physical or mental incompetence - CORRECT ANSWER (11) up to: denial or license/registration or revocation/ N/A Sanction/Penalty for improper termination of services - CORRECT ANSWER (12) up to: active suspension for 1 year/ N/A Sanction/Penalty for misrepresentation of services or fees - CORRECT ANSWER (13) up to: active suspension for 1 year/ $5000 Sanction/Penalty for plagiarism - CORRECT ANSWER (14) up to: probation for 2 years/$5,000 Sanction/Penalty for reciprocal discipline (in another jurisdiction?) - CORRECT ANSWER (15) up to: denial of license or registration or revocation/ $10,000 Sanction/penalty for sexual misconduct - CORRECT ANSWER (17) up to: denial of license or registration or revocation/ $10,000 Sanction/penalty for supervision violation - CORRECT ANSWER (19) up to: revocation/ $5,000 Sanction/penalty for aiding someone else to practice without a license or registration or misrepresenting the credentials of another person - CORRECT ANSWER (21) up to: denial of license or registration or revocation/ $10,000 Sanction/penalty for willfully failing to file or record a report that is required by law; impeding or obstructing the filing of a report - CORRECT ANSWER (22) up to: revocation/ $5,000 Sanction/penalty for failure to cooperate in Board investigation - CORRECT ANSWER (23) up to: denial of license or registration or revocation/ $10,000 Sanction/penalty for failure to comply with informed consent - CORRECT ANSWER (24) up to: probation for 2 years/ $1,000 Sanction/Penalty for violation of provisions regarding duty to commit, treat, or warn - CORRECT ANSWER (25) up to: revocation/ $1,000 Sanction/Penalty for discrimination - CORRECT ANSWER (26) up to: probation for 2 years/ $1,000 Definition of practice of psychology (3 areas) - CORRECT ANSWER to provide to any person: any service for compensation involving the application of psychological principles, methods or procedures for: (i) understanding, predicting, or influencing behavior, including the principles that relate to learning, perception, motivation, emotions, organizational relationships, and interpersonal relationships (ii) interviewing, counseling, psychotherapy, behavior modification, or hypnosis or (iii) constructing, administering, or interpreting tests of mental abilities, neuropsychological functioning, aptitudes, interests, attitudes, personality characteristics, emotions, or motivations "Practice psychology" includes - CORRECT ANSWER application of psychological principles & methods in: 1) diagnosis, prevention, treatment, and amelioration of problems 2) assisting people in their effectiveness to modify feelings, conditions, attitudes, or behavior that is maladjusted 3) biofeedback What are psychological methods? - CORRECT ANSWER include the body of information that can be derived from a graduate program in psychology, other education or training recognized by the Board as prerequisites for a license under this title and that does not amount to the practice of methods What does definition of psychologist and psych practice NOT cover (3 things)? - CORRECT ANSWER 1) the right of an individual to practice a health occupation that the individual is licensed, certified, or otherwise authorized to practice under this article (2) The right of an individual to provide vocational rehabilitation services as authorized under Title 9, Subtitle 6 of the Labor and Employment Article (3) the nonprofit activities and services of a bona fide religious organization that is exempt from taxation under § 501 (c) (3) of the Internal Revenue Code What are 5 exceptions to needing a license? - CORRECT ANSWER 1) the activities and services of and the use of an official title by an individual employed by any agency of the federal government, this State, or any political subdivision of this State, or a chartered educational institution while performing the duties of that employment (2) the education-related services described in regulations adopted by the State Department of Education that are performed by a certified school psychologist (3) the activities and services of a student, intern, resident or fellow while pursuing a supervised course of study in psychology that the Board approves as qualifying training and experience under this title (4) the activities and services of an individual while performing psychological services under the direct supervision of a licensed psychologist who takes full responsibility for the activities and services performed, if the supervisee's graduate program met all requirements (5) the activities and services of an individual licensed or certified as a psychologist in any other state who recently has become a resident of this State and has an application for a license approved by the Board, provided that the individual passes the first scheduled examination for which the applicant is eligible What is the exception for non-residents? - CORRECT ANSWER (1) the Board finds that the circumstances warrant (e.g. licensure in interests of MD citizens or government); and (2) The individual: (i) is not a resident of this State; and (ii) meets the qualifications, other than residence and examination, for a license No financial interest in person regulated by the Board (2 years prior); Can you surrender your license to avoid sanction? - CORRECT ANSWER No, unless the Board asks you to surrender it. How long does the Board have to notify a psych of a complaint - CORRECT ANSWER 120 days, unless they dismiss it within that window or if it would prejudice investigation; then updates every 90 days Mitigating factors considered by the Board in assessment of sanction - CORRECT ANSWER 1) lack of prior disciplinary record; 2) if self-reported; 3) full and voluntary admission of misconduct; 4) implementation of remedial measures to mitigate harm; 5) good faith efforts at restitution; 6) evidence of rehabilitation or potential; 7) no premeditation; 8) no potential harm or adverse impact; 9) isolated incident unlikely to occur again Aggravating factors considered by the Board in assessment of sanction - CORRECT ANSWER 1) previous criminal or disciplinary history; 2) deliberate, gross negligence or recklessness; 3) serious patient or public harm (or potential); 4) part of a pattern of detrimental conduct; 5) motivated by financial gain; 6) patient was particularly vulnerable; 7) no insight into wrongfulness of conduct; 8) committed under guise of treatment; 9) could not previously be rehabilitated. Does filing an appeal mean I don't have to pay a penalty? - CORRECT ANSWER No, fines are not automatically stayed once a judgement about a penalty is made. A license may not be restored or reinstated until penalties are paid. When are civil fines imposed by the Board? - CORRECT ANSWER For practicing on an expired license, or without a license, depending on the length of time, knowledge of unauthorized practice, harm caused. Civil fine for practicing on an expired license - CORRECT ANSWER $100 for every day past the day the license expired (unless reinstated within 30 calendar days of expiration) Civil fine for practicing without a license or registration - CORRECT ANSWER up to $50,000 Can the Board require an examination/assessment of a psychologist? - CORRECT ANSWER Yes, during an investigation, if the Board believes the psychologist can cause harm to patients, the licensee has to submit to an examination by a psychologist or physician designated by the Board. Licensee must: consent in writing; waive any privilege. The Board will pay the costs. The licensee has to do this to demonstrate they can practice competently. What if a licensee refuses to submit to an examination the Board orders? - CORRECT ANSWER The Board will consider this prima facie evidence of ability to practice psychology competently. Does a licensee have a right to a hearing? - CORRECT ANSWER Yes, before the Board takes action, the licensee has an opportunity for a hearing before the Board. Are 'procedural defects' any grounds for staying charges against a licensee? - CORRECT ANSWER No, the hearing or charges cannot be delayed or challenged because of procedural defects alleged to have occurred before charges were filed. What are ex parte hearings? - CORRECT ANSWER "for one party." Even if the licensee fails to show up for a hearing, the Board can still proceed with the hearing Can the Board order rehabilitation? - CORRECT ANSWER Yes, instead of punitive action. Can require education, supervision, substance abuse treatment, personal therapy. Committee oversees it. Psychologists can also self-refer What is title 18? - CORRECT ANSWER Maryland Psychologists Act of Health Occupations Article, enacted 2015, expires 2023 What happens to a sanction when a judicial review is requested? - CORRECT ANSWER The Board still proceeds with decisions to deny, suspend or revoke a license while the review is being requested or occurs. What penalty does violation of Title 18 result in - CORRECT ANSWER fine up to $500 or imprisonment up to 6 months or both What are Tarasoff obligations? - CORRECT ANSWER seek civil commitment, - formulate and undertake treatment plan, - OR inform local law enforcement and any identifiable victims about nature of threat, identity of patient, identify of victims; When are you immune from Tarasoff obligations? - CORRECT ANSWER if you didn't know of propensity to violence or intent Is a provider liable for disciplinary action in the case of breaking confidentiality under Tarasoff obligations? - CORRECT ANSWER No, there can be no cause of action against a mental health provider who discloses intent to harm in good faith to third parties. What is the definition of child custody evaluation? - CORRECT ANSWER an assessment performed by a psychologist in order to render findings and recommendations regarding custody or visitation that are in the best interest of a child. What 4 competencies are required to conduct a child custody evaluation? - CORRECT ANSWER (1) child and adult development & psychopathology; (2) family dynamics- including the impact of divorce; (3) Maryland law governing: divorce, child custody proceedings, child abuse & neglect, family violence; (4) proficiency in assessments of children, adults, and families Can you be civilly liable for participating in Board activities? - CORRECT ANSWER A person who acts in good faith and within the jurisdiction of the Board is not civilly liable for information given to the Board. (p.94 of 2015 regs) What are the main things to be assessed in a child custody evaluation? - CORRECT ANSWER (a) parenting skills and capacities of adults; (b) child's psychological functioning and developmental needs of supervision, or by household or family member. Includes incest, rape, sexual offense, sodomy, unnatural or perverted practices Central registry - CORRECT ANSWER Any part of the Department's confidential computerized database that contains information regarding child abuse and neglect investigations. What is a personal note and are they allowed? - CORRECT ANSWER yes, can keep personal notes that are not part of the medical record if only disclosed to supervisor, consulting health provider, or your own attorney, unless you are being sued for negligence, malpractice, or intentional tort, then they can be discoverable. Once personal notes are disclosed, they become part of a medical record. Are disclosures related to psychological tests allowable? - CORRECT ANSWER (1) If it is related to a medical record, and NOT if it compromises the objectivity or fairness of a test (not even to the client). (2) Raw test data can only be released to someone with appropriate training/qualifications. (3) A patient can also request that a psychologist or psychiatrist be designated to receive disclosure from the original provider. (4) IDEA considerations- can't restrict access to educational records. How long must you maintain records? - CORRECT ANSWER 5 years after record is made. For minors, 3 years after reaches 18, or 5 years, whichever is later. What happens if you destroy or alter the record earlier than allowed? - CORRECT ANSWER violation of Maryland Psychology Act (Title 18) and act of unprofessional conduct. Fine up to $5000, prison up to 1 year, or both Can a person in interest oppose unauthorized disclosure, even when they receive a legal notice? - CORRECT ANSWER Yes, if there is any objection to written notice, a person in interest can file a motion for a protective order or a motion to quash a subpoena 30 days from the time the notice was mailed (15 days for CINA cases; see examples of written notices on p.159- 60 of 2015 regs) If more than one patient, can you disclose medical record? - CORRECT ANSWER must have permission of all before you can disclose (records related to groups or families, p. 164 of 2015 regs) If you die or retire what happens to your records? - CORRECT ANSWER designee must write to the Board and arrange to forward notice of the destruction / plan to transfer medical records, advertise in local newspaper of plans and designates a time that people can retrieve them, if wanted. What penalty if you destroy records? - CORRECT ANSWER liable for actual damages, fine less than $10,000 for all violations in a single day for a facility -- for an individual: 1st fine $1000, second fine $2500, third fine $5000 What happens if a provider acted in "good faith" with respect to a disclosure decision? - CORRECT ANSWER hen the provider is not liable for any resulting cause of action (p. 168 of 2015 regs) What happens if a provider refuses to disclose records? - CORRECT ANSWER you have 21 working days after the records are requested to respond; then liability for actual damages. Can a non-custodial parent gain access to their child's records? - CORRECT ANSWER Yes, access cannot be denied if a parent does not have physical custody of a child; unless otherwise ordered by the court. (Family Law Article, § 9-104) Can you refuse to release records because payment is due? - CORRECT ANSWER No, even if a patient/client owes money, you cannot with hold records. What criminal penalties are associated with violating the rules about disclosure? - CORRECT ANSWER Guilty of a misdemeanor; $1000 for first offense; $5,000 for each subsequent offense. What is the criminal penalty for fraudulently obtaining or disclosing a record? - CORRECT ANSWER misdemeanor, up to $50,000 and 1 year of prison; false pretense: up to $100,000 and 5 years in prison; selling personally identifiable information: up to $250,000 and 10 years in prison. Privileged information related to drug & alcohol treatment - CORRECT ANSWER records associated with counseling or therapy for drug or alcohol abuse are NOT admissible. How often a licensee has to submit to a criminal background check - CORRECT ANSWER Every 6 years, and if a license was inactive for more than a year, before re-activation. Considerations for criminal history - CORRECT ANSWER A) age the crime was committed; b) circumstances; c) length of time passed since the crime; d) subsequent work history; e) employment and character references; f) other evidence about the extent to which the applicant/licensee is a threat to public health or safety CE means learning experiences that are: - CORRECT ANSWER A) professional activities behind what is required for licensure or registration; b) relevant to psy. practice, education, or science; c) enable licensees or associates to keep pace with emerging issues or technology; d) allow psychologists and associates to develop, maintain, and increase competencies to improve servuces to the public and enhance professional contributions. (P. 45, 2015 regs) Peer consultation group - CORRECT ANSWER Group of psychologists that meet in person, in a structured manner, discuss clinical practice to broaden their knowledge and expertise. Can earn max 4 CEs every 2 years; must meet for at least an hour. Telepsychology- definition - CORRECT ANSWER use of interactive audio, video, or other media by a psychologist or associate who engages in practice at a different location from the client. 4 things that telepsychology is NOT - CORRECT ANSWER (1) an audio-only phone conversation; (2) an e-mail message; (3) a fax between therapist and client; (4) a text How is a client evaluated for telepsychology services? - CORRECT ANSWER An initial in- person evaluation should happen to determine if telepsychology is the most appropriate fit. This includes: dx & symptoms, medical & psychological history, preference for receiving telepsychology, risks, benefits and constraints of telepsychology. Who is automatically authorized to provide CE in MD - CORRECT ANSWER NIH, APA, NASP, NASW, AMA, MD Dept of Health and Mental Hygiene, MD Psych Assoc (approved by APA) Failure to complete CE requirements - CORRECT ANSWER - do not complete, or do not comply with audit within 30 days If denied license, can request a hearing - CORRECT ANSWER within 30 days, in writing To reactivate license from inactive - CORRECT ANSWER Provide proof of 20 CE (10 or fewer independent study) in last year. If more than a year left in the cycle, complete another 20 in that time period. To reactivate license from expired - CORRECT ANSWER Provide proof of 20 CE (10 or fewer independent study) in last year and complete the rest on time, OR if more than 1 year since it expired, show 40 CE for the current period. Can you always reactivate an expired license? - CORRECT ANSWER No, not if more than 5 years expired. Then reapply. How does the Board notify about a hearing - CORRECT ANSWER At least 30 days before, in person, registered or certified mail, restricted delivery, return receipt Can you have legal counsel for a hearing? - CORRECT ANSWER Yes, you can be alone or with counsel why a prehearing conference - CORRECT ANSWER to attempt to settle the case, to prepare for the the hearing by delineating issues, stipulating facts, arranging schedule, arranging witness list, subject matter of testimony What is discovery on request - CORRECT ANSWER by written request, either party can request within 15 days: witness list, copies of documents what is mandatory discovery - CORRECT ANSWER each party will provide the other (at least 15 days before prehearing conference or 45 days before hearing) name and cv of expert witnesses, expert report How is expert report evaluated - CORRECT ANSWER can exclude it if not sufficiently specific or doesn't comply. At the prehearing conference, or just before the hearing Can you add witnessses or documents later? - CORRECT ANSWER Not after the prehearing conference, or if none, no later than 15 days before the hearing (except for impeachment or rebuttal purposes) Can you appeal? - CORRECT ANSWER Yes, you can seek judicial review Do the ethics only apply to licensed psychologist? - CORRECT ANSWER No, also applies to you during the training period, and to others who practice psychology in the state. what is a multiple relationship - CORRECT ANSWER relatinship in which you are concurrently participating in two or more roles what are four sexual intimacies - CORRECT ANSWER 1- genital contact, 2- nongenital contaxt with hips, loin, thigh, buttocks or breasts, 3- exposure or observation of genital or nude portions of bodies involving breasts, buttocks or genitals; 4 - other behaviors engaged in for the purpose of sexual arousal or gratification After a hearing, how does the board convey decision? - CORRECT ANSWER in writing, with statement of facts and findings. protects patient confidentiality. mailed to licensee and legal counsel. If no violation, immediately dismissed and records expunged Can you ask for rehearing? - CORRECT ANSWER Yes, within 10 days, explaining grounds. Board will respond within 30 days. Does not affect order/decision. As a result of new evidence, can reverse earlier decision and exonerate licensee. If your license elsewhere is restricted - CORRECT ANSWER notify MD Board within 60 days Can you offer advice to neighbors - CORRECT ANSWER Only in context of clear professional relationships what kinds of diversity need to be respected? - CORRECT ANSWER age, race, gender, ethnicity, culture, national origin, disability, SES, or other basis proscribed by law responsibility for medical records - CORRECT ANSWER do not destroy, alter, damage, medical records being used in a proceeding compliance with board - CORRECT ANSWER do not intimidate or influence others that are appearing before the Board taking credit - CORRECT ANSWER only for work performed or supervised responsibility as employer - CORRECT ANSWER must ensure employees are trained and comply with ethical principles 3 things to include in syllabus - CORRECT ANSWER 1- subject matter, 2- nature of course experiences, 3- basis for evaluating performance 7 things important in research - CORRECT ANSWER 1 - dignity and welfare of subjects, compliance with rules, 2 - responsibility for ethical treatment of subjects by collaborators, employees, 3 - follow rules for animal protection, 4 - comfort, humane treatmen to animals, 5 - make clear nature of participation, costs, obligations, 6 - obtain approvals, 7 - report results accurately 7 standards of professional competence - CORRECT ANSWER 1 - limit practice to competence from education training or experience, 2 - acquire special ed and training to address cultural differences, 3 - avoid unfair discrimination, 4 - use intervention and assessment only when appropriate (supported by reliability, validity, outcomes), 5 - maintain competence through CE, 6 - engage in ongoing consultation and seek more training when developing competence in a new area, 7 - document and maintain appropriate records for professional and scientific work 4 reasons one MUST terminate - CORRECT ANSWER if it is clear that the client is not benefitting, multiple relationship develops or is discovered, impaired competency develops, or psychologist is threatened by client or relative 2 reasons to release client records - CORRECT ANSWER as permitted or required by law: 1 - patient request; 2 - child abuse reporting 8 ways to protect confidentiality - CORRECT ANSWER 1 - maintain confidentiality; 2 - explain limits at beginning of treatment; 3 - safeguard information; 4 - release only as permitted or required by law; 5 - obtain written permission for recording interviews; 6 - avoid invasion of privacy by writing only about data relevant; 7 - treat assessment data as confidential;; 8 - obtain consent before presenting info & disguise information when possible record keeping - CORRECT ANSWER include informed consent, presenting problems, diagnosis, fee arrangements, dates and type of service, test data and evaluations, results of consultations what is a psych associate - CORRECT ANSWER master's degree or equiv, has applied to the Board, will work under direct supervision of a licensed Psych what type of supervision is required for a psych associate - CORRECT ANSWER one-on-one, in person 1 + hours per week for someone with doctorate 2 + hours per week if ABD 3 + hours per week if else 1 hour per testing of 5 hours or more -can be reduced by half if someone has 3+ years of experience as psych associate -can be reduced proportionally if less than full time (26 hours patient contact per week) -must be doubled if they don't have the requisite experience to do what they are doing how many psych associates can one psychologist supervise - CORRECT ANSWER up to 7 4 requirements of Psych Assoc - CORRECT ANSWER - must use that title, must disclose supervisory relationship, psych must take full responsibility, all supervision must be documented 6 factors board will consider in imposing a financial penalty - CORRECT ANSWER 1 - if licensee derived financial benefit; 2 - willfullness; 3 - extent of public harm; 4 - history of previous violations, 5 - mitigating factors presented by licensee; 6 - cost of investigating and prosecuting the case what is penalty for addiction / habitual intoxication - CORRECT ANSWER up to $5000 what is penalty for willfully failing to file a report or impeding a report - CORRECT ANSWER up to $5000 what is penalty for submitting a false statement to collect a fee - CORRECT ANSWER up to $5000 what is penalty for promoting misleading advertising - CORRECT ANSWER up to $5000 what is penalty for fraudulently obtaining or attempting to obtain a license for another - CORRECT ANSWER up to $7500 what is penalty for fraudulently or deceptively using a license - CORRECT ANSWER up to $7500 what is penalty for aids or abets someone unauthorized to practice psychology - CORRECT ANSWER up to $7500 what is penalty for being professionally incompetent - CORRECT ANSWER up to $7500 what is penalty for willfully disregarding something making you incompetent - CORRECT ANSWER up to $7500 what is penalty for promoting sale of devices or goods so as to exploit the patient - CORRECT ANSWER up to $7500 what is penalty for refusing or denying services based on HIV - CORRECT ANSWER up to $7500 what is penalty for failure to cooperate with the Board - CORRECT ANSWER up to $7500 what is penalty for being convicted or pleading guilty of a felony or crime of moral terpitude - CORRECT ANSWER up to $10,000 what is penalty for practicing psychology fraudulently - CORRECT ANSWER up to $10,000 what is penalty for violating code of ethics - CORRECT ANSWER up to $10,000 what is penalty for willfully files a false report or record - CORRECT ANSWER up to $10,000 what is penalty for being disciplined in another jurisdiction, military, VA, court for an act in violation of Board's statutes - CORRECT ANSWER up to $10,000 what is penalty for violates Title 18 of the Health Occupations Article - CORRECT ANSWER up to $10,000 what is penalty for behaves immorally in practice of psychology - CORRECT ANSWER up to $10,000 what is penalty for commits act of unprofessional conduct in practice of psychologu - CORRECT ANSWER up to $10,000