Mass Psychology Jurisprudence Exam Study Guide, Exams of Nursing

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MASS PSYCHOLOGY JURISPUDENCE EXAM STUDY GUIDE

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Additional services authorized to assist protected person - CORRECT ANSWER medical care, mental health care, and emergency financial assistance Protected person is given services when: - CORRECT ANSWER protected person consents If protected person lacks the ability to consent: - CORRECT ANSWER Department or agency can petition the court with specific facts that made them think the person does not have the capacity to consent. The court then hears the case within 14 days. Immediate family members rights in an emergency related to potential elderly abuse - CORRECT ANSWER family members can petition the court for an emergency order for protective services Geriatric evaluation process: - CORRECT ANSWER 1) name and address of the place of residence

2. description of current treatment and services, if any
3. evaluation of person's current physical, mental, and social conditions
4. recommendation for the least restrictive environment Reimbursement process for protective services of elderly - CORRECT ANSWER elderly person will only be required to reimburse the department for protective services if they are determined to have sufficient funds to do so. Department process if elder abuse report is not substantiated - CORRECT ANSWER within three years, department will either destroy the report and other records related to the case, or physically remove all identifying details from report Chapter 19C - CORRECT ANSWER Disabled persons protection commission

Definition of "Disabled Person" - CORRECT ANSWER a person between the ages of 18 and 59 who is a person with an intellectual disability or who is otherwise mentally or physically disabled as a result of such mental or physical disability is wholly or partially dependent on others to meet his/her daily needs Penalty for person who is required to report and does not - CORRECT ANSWER a fine of not more than 1000 dollars Penalty for retaliation against person who filed a report - CORRECT ANSWER a fine of not more than 1000 dollars and/or up to one year of imprisonment. They are also liable to that person for treble damages, costs, and attorney's fees. Exception to reporter rights - CORRECT ANSWER if reporter willfully files a false report of abuse with the commission or willfully testifies falsely or willfully provides the commission or any designated agency with false information in the course of an investigation, retaliation rights will not be afforded. Procedure after death of disabled person - CORRECT ANSWER caretaker agency reports immediately to the commission and local law enforcement. A written report must be completed within 24 hours with name of the disabled person, name of the facility, and facts and circumstances of the death. Chapter 112 - CORRECT ANSWER Health care providers inspection of records Exception for requesting fee for inspection of records - CORRECT ANSWER no fee allowed if record is being requested for the purpose of supporting a claim or appeal under any provision of the Social Security Act or any federal or state financial needs-based benefit program. Definition of "record" for a psychotherapist - CORRECT ANSWER at the discretion of the psychotherapist, the patient's entire record maintained by such psychotherapist or a summary of the patient's record if the psychotherapist believes that providing the entire record would adversely effect the patient.

Chapter 112, sections 118- 129 - CORRECT ANSWER Registration and licensing of psychologists Requirements for licensure as a psychologist - CORRECT ANSWER 1) is of good moral character

2. has received a doctoral degree in psychology
3. has engaged in the equivalent of at least two years full time in psychological employment, teaching, research or professional practice under the supervision of a licensed psychologist
4. conducts professional activities within the ethical standards Length of term of license and renewal date - CORRECT ANSWER two-year period, renewed on June 1st biennially Reasons for suspension, revocation, or cancellation of license - CORRECT ANSWER 1) fraudulently procured said license
5. is guilty of an offense against any provision of the laws of the commonwealth
6. is guilty of conduct that places into question the psychologist's competence to practice psychology--gross misconduct, gross incompetence, gross negligence
7. is guilty of practicing psychology while impaired by alcohol, drugs, a physical disability, or mental instability
8. is guilty of being habitually drunk or having been within a reasonable period of time addicted to, dependent on, or habitual user of narcotics or similar drugs
9. is guilty of knowing and permitting, aiding an abetting an unlicensed individual to perform acts that require licensure
10. has been convicted of a criminal offense which reasonably calls into question the ability to practice psychology
11. is guilty of violating any rule or regulation of the governing psychology board Timeframe when license can be reinstated - CORRECT ANSWER three years after revocation person can re-apply to be licensed

Penalties for unlicensed practice of psychology - CORRECT ANSWER 1st offense not more than 1000 dollars, all subsequent offenses will not exceed 2500 dollars Chapter 119 - CORRECT ANSWER Protection and care of children and proceedings against them Definition of best interest of child - CORRECT ANSWER Considerations of precipitation factors and previous conditions leading to any decisions made in proceeding related to the past, current and future status of the child, the current state of the factors and conditions together with an assessment of the likelihood of their amelioration or elimination; the child's fitness, readiness, abilities and developmental levels; the particulars of the service plan designed to meet the needs of the child within the current placement. Definition of 51A report - CORRECT ANSWER a report filed with the departments under section 51A that details suspected child abuse or neglect Definition of child in need of services - CORRECT ANSWER a child who between the ages of 6 and 17 who:

1. repeatedly runs away from the home
2. repeatedly fails to obey the lawful commands of the parents/guardian so that the parent can not adequately care of the child
3. repeatedly fails to obey lawful and reasonable school regulations 4)if not excused, the child willfully fails to attend school for more than 8 days in a quarter Definition of custody - CORRECT ANSWER the power to 1) determine a child's place of abode, medical care, and education; 2) control visits to the child; 3) consent to enlistments, marriages, and other contracts otherwise requiring parental consent The age at which the department can continue to assume responsibility - CORRECT ANSWER Age 22 Definition of Chapter 119: Section 23A - CORRECT ANSWER Children born to inmates of correctional institutions or jails; care and custody

Instances in which a child can be committed to custody by the courts - CORRECT ANSWER 1) the child is without necessary and proper physical or educational care and discipline

2. the child is growing up under conditions or circumstances damaging to the child's sound character development
3. the child lacks proper attention of the parent, guardian with care and custody or custodian
4. the child has a parent, guardian, or custodian who is unwilling, incompetent, or unavailable to provide such care, discipline, or attention Grounds for dispensing the need for consent to adoption, custody, guardianship, or other - CORRECT ANSWER 1) The child has been abandoned 2)the parent has been convicted by a court of competent jurisdiction of the murder or voluntary manslaughter of another child of such parent, of aiding, abetting, attempting, conspiring, or soliciting to commit murder Exceptions to the department efforts for reunification of parent and child - CORRECT ANSWER 1) the child was abandoned
5. parents gave consent to adopt or rights were involuntary terminated
6. the parent was convicted of murder or felony assault
7. a parent has subjected the child to murder of a parent, sexual abuse or exploitation, or severe and repetitive physical or emotional abuse Chapter 119, section 33A - CORRECT ANSWER this chapter and section do not exist People who can apply for hosptializations - CORRECT ANSWER 1) Qualified Psychiatrist
8. Qualified Psychologists
9. Qualified Psychiatric Nurse Mental Health Clinical Specialist
10. LICSW If none of the above are available, a police officer may apply

Allowable times in which predetermined rates can be advertised - CORRECT ANSWER 1) consultation

2. research
3. diagnostics
4. specialized teaching in field of psychology
5. remedial teachings Length of time a record needs to be kept - CORRECT ANSWER 5 years since the patient's last encounter Length of time a record needs to be kept for a child - CORRECT ANSWER 1 year after the child meets the age of majority, but no less than 5 years Minimum time requirement for a dual relationship with clients or patients (e.g., sexual relationship, etc) - CORRECT ANSWER 2 years Grounds for disciplinary action: - CORRECT ANSWER 1) Use of a false name or impersonating another practitioner
6. Use of status of a licensed psychologist for purposes other than psychology
7. Jeopardizing the client's physical or emotional stability by unjust practice
8. fee-splitting
9. not responding to the board
10. sexual misconduct with a patient or client
11. having being suspended for any of the previously mentioned actions in another jurisdiction Number of continuing education hours biannually - CORRECT ANSWER 20 hours must be completed within the two year period Reasons to report abuse/neglect of child - CORRECT ANSWER 1) abuse including sexual abuse
12. neglect

3. physical dependence upon an addictive drug at birth Definition of Juvenile delinquent - CORRECT ANSWER Person between 14 and 17 convicted of murder and complications Age at which a person can be tried as an adult - CORRECT ANSWER This starts on the 1st day of the person's 17th birthday Liability when sending a client to the hospital - CORRECT ANSWER Can not be sued in this instance Circumstances in which duty to warn is appropriate - CORRECT ANSWER 1) explicit threat to kill or cause serious injury of an identified victim with the apparent ability to carry out the threat
4. a history of physical violence that gives a reason to believe there is a clear and present danger to a person who is reasonably identified Exceptions to privilege information between patients and psychotherapists - CORRECT ANSWER 1) threat of immanently dangerous activity
5. judge has ordered the psychological evaluation
6. the patient puts into issue his mental stability as part of his claim or defense
7. child custody case where the court determines that the psychotherapist has evidence based on the welfare of the child
8. patient sues for malpractice Chapter 19A - CORRECT ANSWER Department of elder affairs Abuse - CORRECT ANSWER An act or omission which results in serious physical or emotional injury to an elderly person or financial exploitation of an elderly person; or the failure, inability, or resistance of an elderly person to provide for him one or more of the necessities essential for physical and emotional well-being without which the elderly person would be unable to safely remain in the community.

Exceptions to abuse - CORRECT ANSWER tenets and teachings of the church or religious denomination by a duly accredited practitioner thereof. Definition of "Elderly person" - CORRECT ANSWER an individual who is sixty years of age or over Definition of "Emergency" for elder abuse - CORRECT ANSWER A situation in which an elderly person is living in conditions which present a substantial risk of death or immediate and serious physical or mental harm. Definition of "Guardian" of elderly - CORRECT ANSWER a person who has qualified as a guardian of an elderly person pursuant to chapter two hundred and one, but shall not include a guardian ad litem Timeline for reporting abuse - CORRECT ANSWER 1) Immediately make a verbal report

2. Within 48 hours make a written report Who makes a report in a corporation or agency - CORRECT ANSWER The worker reports to the executive director, then the executive director reports verbally and in writing. When is the reporter liable - CORRECT ANSWER If the reporter was the perpetrator of abuse or inflicted or caused abuse. Authorized activities of protective services agencies - CORRECT ANSWER 1) receive and investigate reports
3. to furnish protective services WITH person's consent
4. to petition the court for appointment of a conservator or guardian or for issuance of an emergency order
5. to furnish protective services in an emergency
6. to furnish protective services WITH the guardian's consent
7. to serve as conservator, guardian, or temporary guardian of a protected person
8. to perform all other functions determined to be necessary for the department

Procedure to assess and evaluate the information reported - CORRECT ANSWER 1) visit to the residence

2. consultations with appropriate service agencies and individuals who have knowledge of the situation of potential abuse Procedure of the department if abuse is founded - CORRECT ANSWER 1) evaluate person's functional capacity
3. evaluate person's situation and resources
4. create a service plan for protective services that uses the least restrictive alternatives Information to include when making a report - CORRECT ANSWER Name, address, age, info on abuse, anything else relevant to the case. Optionally, reporter can leave contact info (name, address, phone). Procedure if reasonable cause has been found for an abuse-related death. - CORRECT ANSWER death is immediately reported to the district attorney of the county in which the abuse was reported. Within 45 days, the department will notify the reporter in writing regarding response to report. Agencies used to provide protective services - CORRECT ANSWER public and nonprofit private agencies closest to the protected person The department insures that the designated agency has to: - CORRECT ANSWER 1) demonstrate experience working with the profile of the protected person
5. there is continuity of care
6. have the capacity to respond to emergency calls 24 hours a day Abuse - CORRECT ANSWER i) Any ACT or OMISSION which results in: ii) Physical harm or emotional injury iii) Financial exploitation

iv) Failure, inability, or resistance of an elderly person to provide necessities essential for well- being Exceptions to abuse - CORRECT ANSWER i) Does NOT INCLUDE acts or teachings of a church or religious denomination Definition of "Elderly person" - CORRECT ANSWER an individual who is sixty years of age or over Definition of "Emergency" for elder abuse - CORRECT ANSWER A situation in which an elderly person is living in conditions which present a substantial risk of death or immediate and serious physical or mental harm. Definition of "Guardian" of elderly - CORRECT ANSWER a person who has qualified as a guardian of an elderly person pursuant to chapter two hundred and one, but shall not include a guardian ad litem Financial Exploitation (Elderly) - CORRECT ANSWER i) An act or omission by another person which causes substantial monetary or property loss to an elderly person, or substantial monetary or property gain to another person (1) Intention doesn't matter Conservator (elderly) - CORRECT ANSWER i) Person who is appointed to manage the estate of a person Reports of elder abuse (timeline) - CORRECT ANSWER 1) Immediately make a verbal report

2. Within 48 hours make a written report to dept of Elder Affairs Who makes a report in a corporation or agency - CORRECT ANSWER The worker reports to the executive director, then the executive director reports verbally and in writing.

When is the reporter liable - CORRECT ANSWER If the reporter was the perpetrator of abuse or inflicted or caused abuse. Authorized activities of protective services agencies - CORRECT ANSWER 1) receive and investigate reports

2. to furnish protective services WITH person's consent
3. to petition the court for appointment of a conservator or guardian or for issuance of an emergency order
4. to furnish protective services in an emergency
5. to furnish protective services WITH the guardian's consent
6. to serve as conservator, guardian, or temporary guardian of a protected person
7. to perform all other functions determined to be necessary for the department Procedure to assess and evaluate the information reported - CORRECT ANSWER 1) visit to the residence
8. consultations with appropriate service agencies and individuals who have knowledge of the situation of potential abuse (3) If an emergency exists, assessment shall be completed within 48 HOURS procedure of the department if abuse is founded - CORRECT ANSWER 1) evaluate person's functional capacity
9. evaluate person's situation and resources
10. create a service plan for protective services that uses the least restrictive alternatives Information to include when making a report - CORRECT ANSWER Name, address, age, info on abuse, anything else relevant to the case. Optionally, reporter can leave contact info (name, address, phone). Agencies used to provide protective services - CORRECT ANSWER public and nonprofit private agencies closest to the protected person

The department insures that the designated agency has to: - CORRECT ANSWER 1) demonstrate experience working with the profile of the protected person

2. there is continuity of care
3. have the capacity to respond to emergency calls 24 hours a day additional services authorized to assist protected person - CORRECT ANSWER medical care, mental health care, and emergency financial assistance Protected person is given services when: - CORRECT ANSWER protected person consents If protected person lacks the ability to consent: - CORRECT ANSWER Department or agency can petition the court (a) Court hearing within 14 days regarding capacity to consent (b) Guardian ad litem will be appointed (c) If the court finds the elderly person lacks capacity to consent, they can appoint guardian, conservator, or other person. (d) Court order for protected services shall remain in effect for a period of SIX MONTHS (e) If an emergency exists, an elderly lacks capacity to consent, court can issue emergency order of protection for 14 DAYS. (f) Court shall not place elderly person in an institution or change their residence unless it finds that no less restrictive alternative is available that will meet needs. Immediate family members rights in an emergency related to potential elderly abuse - CORRECT ANSWER family members can petition the court for an emergency order for protective services Geriatric evaluation process: - CORRECT ANSWER 1) name and address of the place of residence
4. description of current treatment and services, if any
5. evaluation of person's current physical, mental, and social conditions
6. recommendation for the least restrictive environment

(5) Elderly person has the right to secure their own medical/psychiatric eval Cost of protective services of elderly - CORRECT ANSWER (1) Paid for by elderly if they are able (2) If not, the dept pays for services (3) Elderly person must be informed of costs prior to the provision of services Department process if elder abuse report is not substantiated - CORRECT ANSWER within THREE years, department will either destroy the report and other records related to the case, or physically remove all identifying details from report Chapter 19C - CORRECT ANSWER Disabled persons protection commission Definition of "Disabled Person" - CORRECT ANSWER (1) Person between the ages of 18 to 59 (2) Intellectual disability OR (3) Otherwise mentally or physically disabled and as a result wholly or partially dependent on others Penalty for person who is required to report and does not - CORRECT ANSWER a fine of not more than 1000 dollars Penalty for retaliation against person who filed a report - CORRECT ANSWER a fine of not more than 1000 dollars and/or up to one year of imprisonment. they are also liable to that person for treble damages, costs, and attorney's fees. Exception to reporter rights - CORRECT ANSWER if reporter willfully files a false report of abuse with the commission or willfully testifies falsely or willfully provides the commission or any designated agency with false information in the course of an investigation, retaliation rights will not be afforded. procedure after death of disabled person - CORRECT ANSWER caretaker agency reports immediately to the commission and local law enforcement. A written report must be completed

within 24 hours with name of the disabled person, name of the facility, and facts and circumstances of the death. Exception for requesting fee for inspection of records - CORRECT ANSWER i) No fee can be charged if records are to be used for Social Security or financial aid Definition of "record" for a psychotherapist - CORRECT ANSWER at the discretion of the psychotherapist, the patient's entire record maintained by such psychotherapist or a summary of the patient's record if the psychotherapist believes that providing the entire record would adversely effect the patient. Length of term of license and renewal date - CORRECT ANSWER two-year period, renewed on June 1st biennially, need 20 CEUs! Reasons for suspension, revocation, or cancellation of license - CORRECT ANSWER 1) fraudulently procured said license

2. is guilty of an offense against any provision of the laws of the commonwealth
3. is guilty of conduct that places into question the psychologist's competence to practice psychology--gross misconduct, gross incompetence, gross negligence
4. is guilty of practicing psychology while impaired by alcohol, drugs, a physical disability, or mental instability
5. is guilty of being habitually drunk or having been within a reasonable period of time addicted to, dependent on, or habitual user of narcotics or similar drugs
6. is guilty of knowing and permitting, aiding an abetting an unlicensed individual to perform acts that require licensure
7. has been convicted of a criminal offense which reasonably calls into question the ability to practice psychology
8. is guilty of violating any rule or regulation of the governing psychology board timeframe when license can be reinstated - CORRECT ANSWER three years after revocation person can re-apply to be licensed

Penalties for unlicensed practice of psychology - CORRECT ANSWER 1st offense not more than 1000 dollars, all subsequent offenses will not exceed 2500 dollars Definition of best interest of child - CORRECT ANSWER (1) Precipitating factors & previous conditions leasing to any past court decisions (2) Fitness, readiness, abilities, developmental level (3) Particulars of service plan (4) Placement decisions & progress of child (5) Children age 12 AND OLDER are considered competent to offer statements of best interest Mandated Reporters - CORRECT ANSWER (1) Psychologist, physician, EMT, CLERGY MEMBER, probation officer, teachers, administrators. etc Foster homes - CORRECT ANSWER i) Department visits at least 1x/year ii) If abuse is found, dept shall take child into its care temporarily and notify parent/guardian Definition of 51A report - CORRECT ANSWER i) Mandated reporter who, in his professional capacity, has reasonable cause to believe that a child is suffering from physical or emotional injury resulting from: (1) Abuse, including sexual abuse (2) Neglect, including malnutrition (3) Physical dependence on a drug at birth 51A Timeline - CORRECT ANSWER Shall IMMEDIATELY notify department orally, and WITHIN 48 HOURS shall file a written report detailing abuse/neglect (1) If mandated reported is a member of the staff of a medical, public, or private institution, the reporter may notify the person or designated agent in charge of reports instead. (2) Mandated reported may also contact local law enforcement (3) Hospital personnel may also take photographs without consent of parents/guardian to be sent to dept. with report

Fines for violating 51A - CORRECT ANSWER (1) Not more than $1000 for violation of this section (2) Fake/false/frivolous reports (a) 1st offense= $2, (b) 2nd offense = Imprisonment for 6 mo & fine of $2, (c) 3rd & subsequent = 2.5 years imprisonment & $2,000 fine (3) Willfully not filing report (a) $5,000 fine and/or 2.5 years prison If immediate danger to child exists - CORRECT ANSWER (a) dept shall take child into custody (b) investigation shall commence within 2 hrs of initial contact (c) interim report w/initial determination shall be completed within 24 hrs (d) protection and care petition filed on the next court day Child in need of services - CORRECT ANSWER A child between ages 6-17 who: (a) Repeatedly runs away (b) Repeatedly fails to obey the commands of parent or legal guardian (c) Repeatedly fails to obey school regulations (d) Willfully fails to attend school for more than 8 school days each quarter Definition of custody - CORRECT ANSWER the power to 1) determine a child's place of abode, medical care, and education; 2) control visits to the child; 3) consent to enlistments, marriages, and other contracts otherwise requiring parental consent The age at which the department can continue to assume responsibility - CORRECT ANSWER Age 22 Instances in which a child can be committed to custody by the courts - CORRECT ANSWER 1) the child is without necessary and proper physical or educational care and discipline

2. the child is growing up under conditions or circumstances damaging to the child's sound character development
3. the child lacks proper attention of the parent, guardian with care and custody or custodian
4. the child has a parent, guardian, or custodian who is unwilling, incompetent, or unavailable to provide such care, discipline, or attention Grounds for dispensing the need for consent to adoption, custody, guardianship, or other - CORRECT ANSWER 1) The child has been abandoned 2)the parent has been convicted by a court of competent jurisdiction of the murder or voluntary manslaughter of another child of such parent, of aiding, abetting, attempting, conspiring, or soliciting to commit murder Exceptions to the department efforts for reunification of parent and child - CORRECT ANSWER 1) the child was abandoned
5. parents gave consent to adopt or rights were involuntary terminated
6. the parent was convicted of murder or felony assault
7. a parent has subjected the child to murder of a parent, sexual abuse or exploitation, or severe and repetitive physical or emotional abuse Abandonment of children under age 10 - CORRECT ANSWER 2 years jail, 2.5 years if child dies, 5 years in state prison Newborns age 7 days or less - CORRECT ANSWER i) Dept shall accept any newborn age 7 days or less that is voluntarily placed at any hospital, police dept., or manned fire station—all referred to as a "designated facility." ii) Does NOT by itself constitute termination of parental rights iii) Does NOT by itself constitute an act of abuse, neglect iv) Designated facility shall immediately notify the department v) Person accepting a newborn shall make every effort to gather all pertinent information People who can apply for hosptializations - CORRECT ANSWER 1) Qualified Psychiatrist
8. Qualified Psychologists

3. Qualified Psychiatric Nurse Mental Health Clinical Specialist
4. LICSW if none of the above are available, a police officer may apply Allowable times in which predetermined rates can be advertised - CORRECT ANSWER 1) consultation
5. research
6. diagnostics
7. specialized teaching in field of psychology
8. remedial teachings length of time a record needs to be kept - CORRECT ANSWER 5 years since the patient's last encounter length of time a record needs to be kept for a child - CORRECT ANSWER 1 year after the child meets the age of majority, but no less than 5 years minimum time requirement for a dual relationship with clients or patients (e.g., sexual relationship, etc) - CORRECT ANSWER 2 years Grounds for disciplinary action: - CORRECT ANSWER 1) Use of a false name or impersonating another practitioner
9. Use of status of a licensed psychologist for purposes other than psychology
10. Jeopardizing the client's physical or emotional stability by unjust practice
11. fee-splitting
12. not responding to the board
13. sexual misconduct with a patient or client
14. having being suspended for any of the previously mentioned actions in another jurisdiction

Number of continuing education hours biannually - CORRECT ANSWER 20 hours must be completed within the two year period Reasons to report abuse/neglect of child - CORRECT ANSWER 1) abuse including sexual abuse

2. neglect
3. physical dependence upon an addictive drug at birth Delinquent Child - CORRECT ANSWER (1) Child between ages 7 and 17 who violates any city ordinance, town by-law, or any offense against the commonwealth (2) Adjudication as delinquent child can only be used for subsequent delinquent/criminal proceedings against the same person. (3) Can't be used to disqualify someone for a state job. Youthful Offender - CORRECT ANSWER (1) Person ages 14 to 17, who has committed an offense against the commonwealth which, if he were an adult, would be punishable by prison in state prison, AND: (a) Has been previously committed to the department of youth services, or (b) Has committed offense involving infliction or threat of serious bodily harm, or Something to do with illegal firearms possession Age at which a person can be tried as an adult - CORRECT ANSWER This starts on the 1st day of the person's 17th birthday Persons between age 14-17 convicted of Murder (1st or 2nd degree) - CORRECT ANSWER (1) Punishment as provided by law (AKA subject to same punishments as adults) (2) Held in youthful offender unit separate from general prisoners (3) Cannot be held Mass Correctional Institution prior to age 17 (4) Shall NOT be tried in juvenile court.

Dept of Youth Services - CORRECT ANSWER (1) Services until age 18, including all retrials and appeals and stuff (2) Max of age 21 Liability when sending a client to the hospital - CORRECT ANSWER Can not be sued in this instance Circumstances in which duty to warn is appropriate - CORRECT ANSWER 1) explicit threat to kill or cause serious injury of an identified victim with the apparent ability to carry out the threat

2. a history of physical violence that gives a reason to believe there is a clear and present danger to a person who is reasonably identified Exceptions to privilege information between patients and psychotherapists - CORRECT ANSWER 1) threat of immanently dangerous activity
3. judge has ordered the psychological evaluation
4. the patient puts into issue his mental stability as part of his claim or defense
5. child custody case where the court determines that the psychotherapist has evidence based on the welfare of the child
6. patient sues for malpractice Reporters of Elder Abuse - CORRECT ANSWER Any mandated reporter/ concerned person must report death/abuse

• Fine for not reporting known abuse/death: $1, Report of death of an elderly person: - CORRECT ANSWER (1) Immediately to the DA in county in which abuse occurred (2) Within 45 days the department shall notify the reporter of its response to the report Any elderly person who is the subject of the report shall: - CORRECT ANSWER (1) Receive notice that an assessment is being conducted (2) Have a right to review the file and report developed as a result

Caretaker - CORRECT ANSWER (1) Disabled person's parent, guardian, or other person responsible for their health or welfare. Reportable condition (disabled person) - CORRECT ANSWER (1) A serious physical or emotional injury resulting from abuse (2) Unconsented sexual activity Disabled Persons Protection Commission - CORRECT ANSWER (1) Provides investigation and remedies for instances of abuse of disabled persons (2) Three members appointed by the governor for one 5-year term Disabled Persons Commission's powers & duties - CORRECT ANSWER (1) Investigate abuse of disabled persons (2) Issue reports (3) Designate other agencies to furnish protective services (a) With consent, or with guardians consent (b) Petition the court for appointment of conservator, guardian, or emergency order of protection (c) Furnish protective services on an emergency basis (4) Develop a special investigative unit for reports in which there is criminal conduct. Referral of abuse reports (disabled person) - CORRECT ANSWER i) Refer immediately to the appropriate agency ii) If caretaker is a state agency (1) Commission & General counsel iii) If caretaker is not a state agency (1) General counsel & DMH iv) Reports in which the screener determines criminal conduct (1) Refer to special investigative unit (a) Refer to Attorney General or a district attorney

Upon receipt of report of abuse (disabled person), an investigator: - CORRECT ANSWER i) Within 10 calendar days shall investigate and evaluate the info in the report ii) Within 24 if an emergency exists iii) Includes a visit to the disabled persons residence and day program iv) Evaluate environment of the facility named in report v) Forward to the commission, general counsel, and DMH findings within a reasonable time the summary of findings and recommendations i) If there is reasonable cause to believe that a death occurred as a result of abuse: (1) Report to commission, general counsel, attorney general, the DA, and the medical examiner ii) 10 days notice to the persons alleged to have committed abuse prior to issuance of report. iii) Findings/summary report forwarded to the DA in the county that abuse occurred. Protective services (disabled person) - CORRECT ANSWER i) Commission can furnish services for disabled person with their consent or the consent of their guardian ii) Can petition the court for appointment of conservator or guardian OR emergency order for protective services iii) Can furnish protective services on an emergency basis Petitions for incapacity - CORRECT ANSWER i) Commission can petition the court for finding of lack of capacity ii) Court shall hold hearing within 14 days iii) At least 5 days notice prior to hearing to disabled person iv) If emergency exists, abuse is present, and there is a lack of capacity to consent to protective services, petition can be made for emergency order of protective services (1) Emergency protective services order is valid for 72 hours v) Court shall not order institutional placement or change of residence unless necessary Reports of Abuse for disabled persons - CORRECT ANSWER i) Immediate oral report to the commission ii) Report in writing within 48 hours

iii) If death occurred as a result, immediate notification in writing to: (1) Commission (2) DA in county of abuse/death (3) Medical examiner iv) No one shall be liable if they reported in good faith, unless they contributed to abuse v) No privilege can be invoked to prevent reporting of abuse vi) No one can retaliate after abuse reporting if made in good faith (1) Fine of $1000, 1 year prison, or both for retaliation (2) Unless they willfully provided false info Death of a Disabled Person whose caretaker was a state agency - CORRECT ANSWER i) IMMEDIATELY notify commission orally ii) Written report within 24 hours Supervised health service experience - CORRECT ANSWER (1) At least 25% of time shall be direct client contact

2. two years of supervised health service experience,
3. at least half of the supervision must be provided by a licensed psychologist, "The practice of psychology" Does not include: - CORRECT ANSWER (a) Teaching of psychology (b) Research (c) Consultation Application for licensure as a psychologist - CORRECT ANSWER i) Doctoral degree in psychology ii) Engaged in two years, full time, at least one of which was before obtaining degree iii) Under the supervision of a psychologist or one clearly eligible for licensure

Unauthorized practice or use of title; punishment - CORRECT ANSWER i) Cannot use the term psychologist or hold yourself out as a psychologist ii) Fine = $500, prison for not more than 3 months, or both (1) Penalties don't apply to those who provided consultation 1 day/month (2) Trainees/students of psychology under qualified supervision, provided they use a title such as "intern" or "trainee" that clearly indicates training status Records - CORRECT ANSWER i) Shall be furnished to patient for a reasonable fee ii) No fee can be charged if records are to be used for Social Security or financial aid (1) 30 days to provide such records iii) Entire record shall be provided to pt upon request (1) If record might adversely affect client's well-being, a summary can be provided (2) Or, the full record can be provided to an attorney or psychotherapist upon pt request What to do if someone is danger to self or others - CORRECT ANSWER Psychologist has duty to take ONE OR MORE of the following REASONABLE PRECAUTIONS: (a) Communicate the threat to the victim(s) (b) Notify law enforcement (c) Arranges for voluntary hospitalization (d) Takes appropriate steps for involuntary hospitalization