Maryland Psychology Jurisprudence Exam: Complete Questions and Solutions, Exams of Law

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Maryland Psychology

Jurisprudence Exam

(2024 COMPLETE

QUESTIONS &

CORRECT

SOLUTIONS(RATED A+)

Board's functions - ANSWER Licensing psychologists, approving psy associates, renewing licenses, reviewing CE, promulgating regulations, interpreting scope of practice, educating licensees, and investigating complaints. Board - ANSWER State Board of Examiners of Psychologists Number of hours required for licensure - ANSWER 3250 hours, across 2 years supervised experience (75% by a psychologist, 2 hours for every 20 hours of experience plus other learning activities) Requirement to pass the MD exam - ANSWER 75%

Requirement to pass the EPP exam (part I) - ANSWER 70% (scaled score 500) recently or 73% before 2002 Requirements for doctoral program in psychology - ANSWER 1) accredited by APA or Canadian psychological Assoc. ; 2) listed by the national register of health service providers in psychology, or meets the requirements if the degree was earned outside the US or Canada. (Other exceptions for degrees earned before 1981- US or 1988 (Canada) -p. 3 of 2015 regs Why go on inactive status - ANSWER Leaving state and may return to practice later Duration of inactive status - ANSWER 2 years, can be renewed for an additional 2 years How to reactivate license - ANSWER apply, pay fee, prove CE requirements, submit to criminal history/background check if inactive for 1 or more years When do you renew - ANSWER Every other year, March 31 How soon can you reapply for licensure after it being revoked - ANSWER 5 years What is Board's mission - ANSWER to ensure that consumers in MD receive quality psychological services in accordance with the laws in Md. Why CE's important - ANSWER to ensure a minimum in maintaining competence and not harming consumers What are goals of CE's (4 goals, 3 no's) - ANSWER 1 - maintain professional competency 2- increase professional skills and knowledge 3 - prepare for new roles and responsibilities in practice 4 - expands the science of psych theory, method, or practice NO'S: business meetings, professional committee meetings, presentations/publications for a lay audience What are the CE requirements - ANSWER 40 CE's per 2 years. (Max 20 independent study (APA approved), minimum 3 ethics / law / risk management, minimum 3 cultural competence/diversity,

maximum 30 hours for scholarly activities). Goes on cycle ending March 31. Have to keep proof in case of audit. What kind of CE documentation is necessary - 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 - 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 a teaching a new graduate level psychology course What are rules for earning CE at a presentation - 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 - ANSWER NIH, APA, NASP, NASW, AMA, MD Dept of Health and Mental Hygiene, MD Psych Assoc (approved by APA), accredited academic institution Failure to complete CE requirements - ANSWER - do not complete, or do not comply with audit within 30 days Can you appeal? - 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) - 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? - ANSWER No, also applies to you during the training period, and to others who practice psychology in the state.

Client- definition - ANSWER individual, couple, family, group, business, agency, school, organization, or association that the psychologist provides with professional services. Psychologist- definition - 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? - ANSWER A person who is NOT a licensed psychologist cannot use the terms "psychologist" or "psychological" or "psychology." §18-102 Scope of title responsibility for a psychology associate's conduct - ANSWER Supervising psychologist and associate are jointly responsible for associate's professional decisions and actions. what is a multiple relationship - ANSWER relationship in which you are concurrently participating in two or more roles reporting restrictions or limitations by another jurisdiction - 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 - 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 decision? - 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? - 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. What is the psychologist rehabilitation committee? - ANSWER Committee of the Board or MD Psychologists Association that evaluates and provides assistance to psychologists or other regulated

providers who need treatment and rehab for drug or alcohol abuse or other physical, emotional, or mental conditions. The findings, records, or files of the committee are usually NOT discoverable or admissible as evidence in civil proceedings. §18- Can you offer advice to neighbors - ANSWER Only in context of clear professional relationships what kinds of diversity need to be respected? (12 kinds) - ANSWER age, disability, ethnicity, gender, gender identity, language, national origin, race, religion, culture, sexual orientation, SES, or other basis proscribed by law responsibility for medical records - ANSWER do not destroy, alter, damage, medical records being used in a proceeding competence for serving special populations - ANSWER A psychologist must acquire the training and special education needed to address cultural difference of special populations. taking credit - ANSWER only for work performed or supervised responsibility as employer - ANSWER must ensure employees are trained and comply with ethical principles multiple relationships that could impair objectivity or constitute conflict of interest - ANSWER Present or previous familial, social, sexual, emotional, financial, supervisory, political, administrative, or legal relationships with clients or person associated with or related to a client. 3 things to include in syllabus - ANSWER 1- subject matter, 2- nature of course experiences, 3- basis for evaluating performance 7 things important in research - ANSWER 1 - dignity and welfare of subjects, compliance with rules about human participants, 2 - responsibility for ethical treatment of participants by collaborators, employees, 3

• follow rules for animal protection, 4 - comfort, humane treatment of animals, 5 - make clear nature of participation, costs, obligations, 6 - obtain IRB approvals, 7 - report results accurately 7 standards of professional competence - ANSWER 1 - limit practice to competence from education training or experience, 2 - acquire special education & 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 2 indicators of impaired competence - ANSWER mental emotional physiological pharmacological or personal problems OR present relationship with client or if there is a conflict of interest or appearance thereof 3 advertising Do's - ANSWER 1 - represent accurately qualifications, 2 - correct others that misrepresent, 3 - identify paid advertising as such 4 advertising don'ts - ANSWER 1 - misrepresent affiliation, 2 - claim membership that misrepresents qualifications/credentials, 3 - make public statements that are false, deceptive fraudulent, misleading, partially disclose facts, or create unjustified expectations of favorable results, 4 - solicit endorsements or testimonials from clients (especially from vulnerable clients) 2 aspects of informed consent (general) - ANSWER 1 - appropriate language, 2 - vary procedure to ensure capacity to consent, provided all the info, knows it is voluntary, can ask questions 5 - aspects of research consent, make clear - 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) - 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) - 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 - 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 - 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 publically in ways that compromises validity. who can you release test results to? - ANSWER - raw data must be qualified to interpret, unless required by law what are two key aspects of client welfare - ANSWER 1 - make sure to disclose conflicts of interest, taking confidentiality into account; 2- arrange for emergency coverage when not available If denied license or renewal, can request a hearing - ANSWER within 30 days, in writing; Board convenes a hearing To reactivate license from inactive - 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 - 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? - ANSWER No, not if more than 5 years expired. Then reapply. How does the Board notify about a hearing - ANSWER At least 30 days before, in person, registered or certified mail, restricted delivery, return receipt; must state issued or charges

Can you have legal counsel for a hearing? - ANSWER Yes, you can be alone or with counsel why a prehearing conference - 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 - ANSWER by written request, either party can request within 15 days: witness list, copies of documents what is mandatory discovery - 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 - 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? - ANSWER Not after the prehearing conference, or if none, no later than 15 days before the hearing (except for impeachment or rebuttal purposes) what exploitation must be avoided (5 things) - 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 psych and client; circumstances of termination; likelihood of adverse impact) what sexual misconduct must be avoided - 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 the client within 2 years of termination; 4- termination so as to engage in sexual intimacies; 5 - sexual behavior in the context of eval, treatment, service; 6 - sexual behavior under the pretext of therapeutic benefit what harassment must be avoided - ANSWER 1 - engage in sexual solicitation, advances,verbal or nonverbal sexual conduct in connection with professional role; 2 sexual harrassment of present or

former cleints, supervisees, research participants; 3 - create hostile work or educational environment of unwelcome or offensive behaviors 2 ethics in regard to children - ANSWER 1 - treat minor children or adults with legal guardians only with appropriate authorization; 2 - take special care to protect children. What you should you do about identifying information in teaching and research? - ANSWER Obtain informed written consent before presenting in writing, lecture or other public forums identifying information; disguise this information in teaching & research (p.72, 2015 regs) 2 do's for termination - 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 - ANSWER 1) if it is clear that the client is not benefiting; 2) multiple relationship develops or is discovered; 3) impaired competency develops; 4) or psychologist is threatened by client or relative Limits of confidentiality - 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 - ANSWER as permitted or required by law: 1 - patient request; 2 - child abuse reporting Fee for licensure application & registration as associate - ANSWER $300; $ What are the 4 things that need to be documented about supervision? - ANSWER includes: dates and length of supervisory sessions; 2) client names or identification; 3) outcomes of cases reviewed; 4) Signatures of associate and supervisor; 5) reason for delegation of supervision. May be requested by the Board what type of supervision is required for a psych associate - ANSWER one-on-one, in person 1 + hours per week for someone with doctorate 2 + hours per week if ABD (and completed 3 years post-bac education)

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

• 1 hour for every 5 hours of testing When are site visits required for supervision? - ANSWER When an associate is working at a different location; quarterly site visits required. Keep documentation of site visits for 5 years. how many psych associates can one psychologist supervise - ANSWER up to 5 4 requirements of Psych Assoc - ANSWER - must use that title, must disclose supervisory relationship, psych must take full responsibility, all supervision must be documented What happens when a supervisory relationship is terminated? - ANSWER Board must be notified; Associate can only practice under another licensed psychologist. 6 factors board will consider in imposing a financial penalty - 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 a penalty? - ANSWER monetary fine What is a sanction? - ANSWER formal disciplinary action against a licensee, such as reprimand, probation, suspension, or revocation. Sanction/Penalty for violation of child custody evaluation - ANSWER (2) up to: active suspension for 2 years// $5, Sanction/Penalty for criminal conviction of a felony or crime of moral turpitude - ANSWER (3) up to: denial of licensure/registration or revocation// $10,

Sanction/Penalty for engaging in dual relationships - ANSWER (5) up to: Active Suspension for 1 year/$5, Sanction/Penalty for exploitation or undue influence of a client - ANSWER (6) up to: Revocation/$10, Sanction/Penalty for submitting a false statement to collect a fee - ANSWER (7) up to: Revocation/$10, Sanction/Penalty for fraudulently or deceptively obtaining, or attempting to obtain a license or registration - ANSWER (8) up to: Denial or license/registration or revocation/ $10, Sanction/Penalty for willfully making a false report or record - ANSWER (9) up to: Denial or license/registration or revocation/ $10, Sanction/Penalty for professional incompetence - ANSWER (10) up to: Revocation/ $10, Sanction/Penalty for physical or mental incompetence - ANSWER (11) up to: Denial or license/registration or revocation/ N/A Sanction/Penalty for improper termination of services - ANSWER (12) up to: Active suspension for 1 year/ N/A Sanction/Penalty for misrepresentation of services or fees - ANSWER (13) up to: Active suspension for 1 year/ $ Sanction/Penalty for plagiarism - ANSWER (14) up to: Probation for 2 years/$5, Sanction/Penalty for reciprocal discipline (in another jurisdiction?) - ANSWER (15) up to: Denial of license or registration or revocation/ $10,

Sanction/penalty for sexual misconduct - ANSWER (17) up to: Denial of license or registration or revocation/ $10, Sanction/penalty for supervision violation - ANSWER (19) up to: Revocation/ $5, Sanction/penalty for aiding someone else to practice without a license or registration or misrepresenting the credentials of another person - ANSWER (21) up to: Denial of license or registration or revocation/ $10, Sanction/penalty for willfully failing to file or record a report that is required by law; impeding or obstructing the filing of a report - ANSWER (22) up to: Revocation/ $5, Sanction/penalty for failure to cooperate in Board investigation - ANSWER (23) up to: Denial of license or registration or revocation/ $10, Sanction/penalty for failure to comply with informed consent - ANSWER (24) up to: Probation for 2 years/ $1, Sanction/Penalty for violation of provisions regarding duty to commit, treat, or warn - ANSWER (25) up to: Revocation/ $1, Sanction/Penalty for discrimination - ANSWER (26) up to: Probation for 2 years/ $1, definition of practice of psychology (3 areas) - 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 - 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 - ANSWER include the body of information that can be derived from a graduate program in psychology, and 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)? - 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; or (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? - 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? - 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. what qualifications are needed for licensure? - ANSWER (b) good moral character. (c) over 18 years old (d) Residence or intention to practice in MD (e) pass criminal history records check (f) Qualifications -doctoral degree in psychology -2 years professional, supervised experience (h) examination- pass a national exam & state jurisprudence exam What has to be submitted with my application for licensure or registration? - ANSWER (1) verified application; (2) application fees ($300/$200); (3) criminal history check. What if I fail an exam required for licensure? - ANSWER The Board can't limit the number of times an applicant takes an exam, but you have to pay the re-examination fee each time. Does MD have reciprocity with other states? - ANSWER The Board can waive the exam requirement if someone is licensed or certified in another state if (1) application fees are paid; (2) applicant demonstrates they have met all other requirements; (3) the requirements in the State the applicant is licensed in are comparable to MD's requirements. what factors are taken into consideration on criminal history check? - ANSWER (i) The age at which the crime was committed; (ii) The circumstances surrounding the crime; (iii) The length of time that has passed since the crime; (iv) Subsequent work history; (v) Employment and character references; and (vi) Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

can other professionals use the term psychologists - ANSWER no, but they can practice elements of pscyh practice that fall within their own practice licensure or certification what is the term of a license in MD? - ANSWER 2 years; renewal notice 90 days before expiration. Examination Fees - ANSWER National- $650; State - $ License/registration renewal fees - ANSWER $400; $300- bienniel Inactive status fee - ANSWER $200 every 2 years License/registration reinstatement fee - ANSWER $700; $ 8 ways to protect confidentiality - 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 (especially in research & teaching) record keeping - 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? - ANSWER master's degree or equiv, has applied to the Board, will work under direct supervision of a licensed Psychologist Considered "Full-time" - ANSWER provision of direct services at least 26 hours/week Who can supervise a psychology associate? - ANSWER Psychologist licensed in MD with at least 2 years of post-licensure experience; can only do so in areas of competence; may delegate another psychologist with proper documentation (still taking full responsibility for services performed)

What are the responsibilities of the supervisor - ANSWER 1) be available for emergency consultation; 2) maximum of 5 supervisees; 3) cannot engage in multiple relationship with supervisee; 4) take responsibilities for all services provided by supervisees; 5) complete additional CE requirements; Along with associate:

6. inform clients clients of supervision arrangements; 7) maintain documentation of supervision; 8) co- sign all clinical documents Can a license or registration be surrendered? - ANSWER Only if the Board agrees to accept it; not while under investigation or while charges are pending UNLESS the Board makes these arrangements during the investigation. Reasons the Board will take action in sanctioning or imposing penalties (22 grounds) - ANSWER (all cases where license is listed also apply to registration- p 21-22 of 2015 regs) (1) fraudulently obtain or attempt to obtain a license (2) fraudulently use a license (3) convicted or pleads guilty to a felony crime involving moral turpitude (4) addicted to narcotic or habitually intoxicated (5) aids someone else in unauthorized practice (6) practices fraudulently or deceitfully (7) violates Board's code of ethics (8) Willfully fails to file or record a mandatory report, or prevents someone else from doing so (9) false statement to collect a fee (10) makes or files a false report (11) is disciplined by another jurisdiction or branch of military (reciprocal discipline) (12) Violates any title adopted by Board (13) Misleading or untruthful advertising (14) professionally, physically, or mentally incompetent (15) promotes the sale of devices or goods that exploit patients for financial gain (16) behaves immorally in the practice of psychology (17 ) unprofessional conduct

(18) discriminates against someone who is HIV positive (19) Fails to cooperate with Board's investigation (20) acts in a way that is inconsistent with professional standards (21) won't do criminal history backgrounds check (22) fails to supervise appropriately who serves on the Board - ANSWER 9 members - 7 psychologists, 2 consumers 2 psychologists engaged in service, 2 in research/teaching/training how long is a term on the Board, and how long can the members serve - ANSWER 4 year terms, max 2 consecutive terms who is qualified to be on the board (psychologist) - ANSWER - at least 5 years experience, US citizen, lives in MD What are the qualifications of consumer members of the Board? - ANSWER - member of general public; - can never have been a psychologist or trained to be one; -Cannot have a household member who is a psychologist or is in training; -Cannot have participated in a field related to psychology; -No financial interest in person regulated by the Board (2 years prior); - can you surrender your license to avoid sanction? - ANSWER No, unless the Board asks you to surrender it. How long does the Board have to notify a psych of a complaint - 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 - 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 - 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? - 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? - 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 - 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 - ANSWER up to $50, can the Board require an examination/assessment of a psychologist? - 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? - ANSWER The Board will consider this prima facie evidence of ability to practice psychology competently. Does a licensee have a right to a hearing? - 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? - 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? - 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? - 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? - ANSWER Maryland Psychologists Act of Health Occupations Article, enacted 2015, expires 2023 What happens to a sanction when a judicial review is requested? - 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 - ANSWER fine up to $500 or imprisonment up to 6 months or both what are Tarasoff obligations? - 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? - 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? - 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? - 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? - 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? - 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? - ANSWER (a) parenting skills and capacities of adults; (b) child's psychological functioning and developmental needs What is a compensation arrangement? - ANSWER any agreement or system involving remuneration between a healthcare provider or immediate family of a provider --could be associated with a referral What is an arm's length transaction? - ANSWER A business deal in which buyers and sellers act independently without one party influencing the other (e.g. rental or lease of an office space) What is a referral? - ANSWER the forwarding of a patient by one provider to another, outside the first provider's office or group practice. Examples of prohibited referrals - ANSWER (1) when there is a beneficial interest by provider or immediate family; (2) when immediate family owns a beneficial interest of 3% or greater; (3) when there is a compensation arrangement with provider or immediate family 3 things required when disclosing beneficial interest in writing - ANSWER (if not orally/by phone) (1) existence of ownership of beneficial interest or compensation arrangement; (2) states a patient may choose to obtain the service or care from another source; (3) requires written receipt of statement; needs to be inserted into medical record; must be displayed in office When can you file a complaint with an Insurance Commissioner? - ANSWER A member or provider can do this when: (1) the insurance carrier waives the requirement of an internal grievance process; (2) the carrier is not complying with the internal grievance process; (3) sufficient information is provided and there is a compelling reason to do so. (p.108 of 2015 regs)

what are 8 types of treatment that minors can consent to? - ANSWER drug abuse, alocholism, vd, pregnancy, contraception other than sterilization, injuries from rape or sexual offense, exam to obtain evidence of rape or sexual offense, initial treatment and screening upon admission to a detention center. CANNOT refuse drug abuse or alcohol treatment that parent has consented to What generally constitutes privileged communication? - ANSWER information that you can refuse to disclose, or prevent a witness from disclosing, including: (1) Communications relating to dx and treatment of a patient; (2) information that would show the existence of a medical record for dx & treatment when is privilege excluded? - ANSWER (1) when it is necessary to place a patient in an inpatient facility; (2) A judge finds that it is necessary, if the issue involves the patient's mental or emotional disorder; (3) in a civil or criminal proceeding when: the patient introduces mental illness as part of their defense or after the patient's death; (4) there is a malpractice claim against a provider; (5) patient waives privilege; (6) criminal proceeding against patient who harasses provider; (7) peace order (like a protective order, but broader relationships) can minors consent for health-related problems? - ANSWER Same as an adult for psychological treatment by psychologist, physician, or clinic (but not for counselor, social worker) if the minor is (1) married; (2) a parent; (3) living separate and apart from their parents and are self-supporting. (p. 112, 2015 regs) Can minors 16 or older consent for treatment for mental health? - ANSWER A minor 16 or older has the same capacity as an adult to consent to consultation, dx and treatment by a physician or psychologist; but this does not include the capacity to refuse treatment when a parent has given consent. where do we report suspected child abuse or neglect? - ANSWER Dept of Social Services in county where child lives, within 48 hours, with copy to local State's Attorney if it is abuse (not neglect) AND if working for an agency, give the info to the head of the institution Can information be shared with parents over the expressed objection of a minor? - ANSWER A provider can, even if a minor objects, but doesn't have to. The physician heading the team that a psychologist is on makes this determination. Is a parent or guardian always responsible for costs of a minor's treatment? - ANSWER Not unless the parent consents to diagnosis or treatment of a minor.

what is sexual abuse? - ANSWER sexual molestation or exploitation of a child by parent or other person who has temporary or permanent care or custody of child or responsibility of supervision, or by household or family member. Includes incest, rape, sexual offense, sodomy, unnatural or perverted practices Central registry - ANSWER any part of the Department's confidential computerized database that contains information regarding child abuse and neglect investigations. Definition of household (child abuse and neglect) - 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) - 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) - ANSWER finding that there is credible evidence that abuse and neglect occurred. What constitutes mental injury? (child abuse and neglect) - ANSWER observable, identifiable, and substantial impairment of a child's mental or psychological ability to function. general definition of child abuse - 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) - 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? - ANSWER a person making a report is free of civil or criminal liability.

what is neglect? - 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) - ANSWER a finding that abuse, neglect, or sexual abuse did not occur. What is an "alternative response" (child abuse and neglect) - 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) - 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? - 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? - 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) - 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 - ANSWER (1) under 18; (2) has a mental disorder; (3) requires residential services not available in the home because of the disorder; (4) needs 24 hour supervision; (5) is or should be receiving treatment; (6) no less restrictive setting that would ensure safety of the child

What cases CANNOT be assigned for alternative response? (child abuse and neglect) - ANSWER (1) sexual abuse; (2) abuse or neglect in an out-of-home placement; (3) resulting in death or mental injury; (4) repeat offender. Can a minor refuse treatment for drug an alcohol abuse? - ANSWER No, the capacity of a minor to consent to treatment for drug or alcohol abuse does not include the capacity to refuse treatment for these issues when a parent has given consent (p. 113 of 2015 regs) what goes into child abuse report? - ANSWER name, age, address of child, name, home address of parent, whereabouts of child, nature and extent of abuse or neglect, info on previous abuse or neglect, any info on cause or identity of perpetrator who is a mandated report of child abuse / neglect? - ANSWER educators, human service workers, health practitioners (employees of state agencies have broader role, reporting all abuse regardless of victim's age or perpetrator status (alive or dead) what is a vulnerable adult? - ANSWER lacks the physical or mental capacity to provide for the adult's daily needs what is neglect of a vulnerable adult? - ANSWER willful deprivation of adequate food, clothing essential medical care or habiitative therapy, shelter, or supervision what is self-neglect? - ANSWER inability to provide self with services that are necessary for physical and mental health, without which impairs or threatens well-being what is abuse of a vulnerable adult? - ANSWER physical injury as a result of curel or inhumane treatment or as a result of a malicious act what is exploitation of a vulnerable adult? - ANSWER misuse of funds, property, or person what are exceptions to vulnerable adult title? - ANSWER abuse in a mental health facility, abuse of intellectually disabled, abuse in a nursing home, abuse in a hospital

who is notified in a report of a vulnerable adult? - ANSWER local department, if in institution, dept. head, by telephone or direct communication or writing, as soon as possible who is mandated to report on vulnerable adults? - ANSWER health practitioner, human service worker, police what goes in report on vulnerable adult - ANSWER same as child abuse What are the grounds for appointing a guardian to a vulnerable adult? - ANSWER if a person lacks sufficient understanding or capacity to communicate responsible decisions, such a provision of health care, food, clothing or shelter because of mental disability, disease, addiction; no less restrictive option will ensure safety of vulnerable person. required information on guardianship certificates for adults with disabilities - ANSWER (1) Examination signed off by 2 physicians or 1 psychologist and one physician; (2) history of involvement of guardian with disabled person; (3) date of last exam; (4) Assessment of disability as it relates to consent for guardianship. What information is required on a certificate of involuntary admission for an adult? - ANSWER (1) based on personal examination of physician or psychologist; (2) includes a mental dx; (3) includes an opinion about the necessity of inpatient care; (4) opinion that admission is needed to protect the person being admitted or someone else What needs to be included in a petition for an emergency evaluation? - ANSWER petitioner's reasons to believe an individual: (1) has a mental disorder; (2) presents a danger to the life or safety of themselves or others (p.140; 2015 regs) What is a peace officer? - 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 - ANSWER infrastructure that provides organizational and technical capabilities for the exchange of protected health information electronically among entities not under common ownership.