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,

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

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

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,

"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.

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

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)