Maryland Psychology Jurisprudence Exam: Comprehensive Guide, Exams of Nursing

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Maryland Psychology Jurisprudence Exam-with 100% verified solutions 2024-2025 Board functions - Answer- licensing psychologists, approving psych associates, renewing licenses, reviewing CE, promulgating regulations, interpreting scope of practice, educating licensees, and investigating complaints Board - Answer- Sate 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% HIPPA regulations require you to keep ADULT patient records for - Answer- 6 Years HIPPA regulations require you to keep MINOR patient records for - Answer- Until they are 21 or 5 years after the record is made How long do you have to release patient records to the patient? - Answer- 24-48 hours What fees can you charge for providing patient records? - Answer- $0.68/page - $20.52 preparation fee - and shipping and handling If the patient doesn't pay you for the records: - Answer- You can withhold them, but CANNOT withhold for non payment of services when they paid for record fees Requirement to pass the EPPP 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 Association 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) ) 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 If you die - Answer- your estate must publish a notice in a daily newspaper for 2 weeks stating the records will be destroyed or transferred To distort records - Answer- You must shred ornincinerate them If you violate record keeping law- 4-403(3)g - Answer- You can be charged up to $10k 20-102)f) allows you to - Answer- Release minor's health information tonparent When do you renew? - Answer- every other year, March 31 How soon can you reapply for licensure after it has been revoked? - Answer- 5 years What is the Board's mission? - Answer- to ensure that consumers in MD receive quality psychological services in accordance with the laws in MD Why are CE's important? - Answer- to ensure a minimum in maintaining competence and not harming consumers What are the 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 psychology theory, method, or practice 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 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 "Practice non-therapeutic massage" means - Answer- getting paid outside of a "health care facility" Registered Massage practitioner means - Answer- Registered to practice non-therapeutic massage Registration Proves - Answer- You can legally practice non-therapeutic massage You can practice massage therapy without being registered - Answer- As a student- for 30 days (no lore than 7 consecutive) if you're qualified in another state per year- if your application is pending- on a family member- as an athletic trainer- as a government employee-as a cosmetologist Applicants must - Answer- Be 18 or older- of good morals- complete the application- pay - pass NCE- 500 hours (100 anatomy) - 60 college credits 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) 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 - 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? - 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 the 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 a 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 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 differences 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 -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. What harassment must be avoided? - 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 - 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? - 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 - 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) 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; $200 Examination Fees - Answer- National - $650; State - $250 License/registration renewal fees - Answer- $400; $300 - bienniel Inactive status fee - Answer- $200 every 2 years License/registration reinstatement fee - Answer- $700; $600 When are site visits required for supervision? - Answer- when an associate is working at a different location quarterly site visits arerequired, 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- 1) must use that title 2) must disclose supervisory relationship 3) psych must take full responsibility 4) 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// $5,000 Sanction/Penalty for criminal conviction of a felony or crime of moral turpitude - Answer- (3) up to: denial of licensure/registration or revocation// $10,000 Sanction/Penalty for engaging in dual relationships - Answer- (5) up to: active suspension for 1 year/$5,000 Sanction/Penalty for exploitation or undue influence of a client - Answer- (6) up to: revocation/$10,000 Sanction/Penalty for submitting a false statement to collect a fee - Answer- (7) up to: revocation/$10,000 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/ $10,000 Sanction/Penalty for willfully making a false report or record - Answer- (9) up to: denial or license/registration or revocation/ $10,000 Sanction/Penalty for professional incompetence - Answer- (10) up to: revocation/ $10,000 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/ $5000 Sanction/Penalty for plagiarism - Answer- (14) up to: probation for 2 years/$5,000 Sanction/Penalty for reciprocal discipline (in another jurisdiction?) - Answer- (15) up to: denial of license or registration or revocation/ $10,000 Sanction/penalty for sexual misconduct - Answer- (17) up to: denial of license or registration or revocation/ $10,000 Sanction/penalty for supervision violation - Answer- (19) up to: revocation/ $5,000 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. 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- (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 $50,000 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 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 can authorize disclosure? - 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? - 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? - 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 - 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 - Answer- medical record should include authorization, any action taken in response; any revocation of authorization How do you handle requests for copies of records - 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? - 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? - 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 - 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? - 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? - 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? - 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 - 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. How long does a person in interest have to object to disclosure of records - Answer- Typically, 30 days after a notice is sent that contains the subpoena or court order, section of rules, notice about the case number (CINA cases- 15 days) (p. 157-8 of 2015 regs) What additional considerations apply to disclosure of medical records/mental health records without authorization for investigations by licensing and disciplinary boards? - Answer- allowable for investigations related: (1) to licensure, certification, or discipline of a provider; (2) improper practice What kinds of disclosures are generally permitted? (mental health records) - Answer- when medical records are developed in connection with mental health records and there is a disclosure without authorization, ensure that only information relevant to the disclosure is released. What is a personal note and are they allowed? - 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? - 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? - 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? - 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? - 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 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 relevant data 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 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 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 of supervision arrangements 7) maintain documentation of supervision 8) co-sign all clinical documents What are the 4 things that need to be documented about supervision? - Answer- 1) 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 anything 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