Maryland Psychology Jurisprudence Exam (2024 COMPLETE QUESTIONS & CORRECT SOLUTIONS(RATED, Exams of Law

Download Maryland Psychology Jurisprudence Exam (2024 COMPLETE QUESTIONS & CORRECT SOLUTIONS(RATED and more Exams Law in PDF only on Docsity! 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, 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. §18-318 Can you offer advice to neighbors - ANSWER Only in context of clear professional relationships what kinds of diversity need to be respected? (12 kinds) - ANSWER age, disability, ethnicity, gender, gender identity, language, national origin, race, religion, culture, sexual orientation, SES, or other basis proscribed by law responsibility for medical records - ANSWER do not destroy, alter, damage, medical records being used in a proceeding competence for serving special populations - ANSWER A psychologist must acquire the training and special education needed to address cultural difference of special populations. taking credit - ANSWER only for work performed or supervised responsibility as employer - ANSWER must ensure employees are trained and comply with ethical principles multiple relationships that could impair objectivity or constitute conflict of interest - ANSWER Present or previous familial, social, sexual, emotional, financial, supervisory, political, administrative, or legal relationships with clients or person associated with or related to a client. 3 things to include in syllabus - ANSWER 1- subject matter, 2- nature of course experiences, 3- basis for evaluating performance 7 things important in research - ANSWER 1 - dignity and welfare of subjects, compliance with rules about human participants, 2 - responsibility for ethical treatment of participants by collaborators, employees, 3 - follow rules for animal protection, 4 - comfort, humane treatment of animals, 5 - make clear nature of participation, costs, obligations, 6 - obtain IRB approvals, 7 - report results accurately 7 standards of professional competence - ANSWER 1 - limit practice to competence from education training or experience, 2 - acquire special education & training to address cultural differences, 3 - avoid unfair discrimination, 4 - use intervention and assessment only when appropriate (supported by reliability, validity, outcomes), 5 - maintain competence through CE, 6 - engage in ongoing consultation and seek more training when developing competence in a new area, 7 - document and maintain appropriate records for professional and scientific work 2 indicators of impaired competence - ANSWER mental emotional physiological pharmacological or personal problems OR present relationship with client or if there is a conflict of interest or appearance thereof 3 advertising Do's - ANSWER 1 - represent accurately qualifications, 2 - correct others that misrepresent, 3 - identify paid advertising as such 4 advertising don'ts - ANSWER 1 - misrepresent affiliation, 2 - claim membership that misrepresents qualifications/credentials, 3 - make public statements that are false, deceptive fraudulent, misleading, partially disclose facts, or create unjustified expectations of favorable results, 4 - solicit endorsements or testimonials from clients (especially from vulnerable clients) 2 aspects of informed consent (general) - ANSWER 1 - appropriate language, 2 - vary procedure to ensure capacity to consent, provided all the info, knows it is voluntary, can ask questions 5 - aspects of research consent, make clear - ANSWER 1) purpose and nature as well as costs; 2) purpose and nature of evaluation, treatment, education or training procedure; 3) risks and consequences; 4) right to withdraw; 5) notification about any observation, taping, filming 6 aspects of therapy, to make clear (informed consent) - ANSWER 1) reasonable expectation; 2) nature and purpose of testing, reports, consulation; 3) limits of confidentiality; 4) fees, billing, electronic services, collection, 5) schedules; 6) termination procedure 5 aspects of fees and payments, to make clear (informed consent) - ANSWER 1) make advance financial arrangements; 2) inform about collection procedures; 3) comply with rules on referrals; 4) make clear any renumeration in providing referrals; 5) don't sign insurance statements unless provided the services yourself testing/assessment - 9 important things TO DO - ANSWER 1) only perform when needed in professional context; 2) only most current versions; 3) use specialized instruments for special populations; 4) use appropriate norms and scoring; 5) select instruments that are valid; 6) Reporting results in a way that is understandable, takes into account limitations of test, and is not overly reliant on automated scoring; 7) base recommendations on current tests; 8) supply a manual to other professionals; 9) Release results to clients as appropriate. 3 things NOT to do with testing/evaluation - ANSWER 1) Do not release test protocols or raw data to people who are not qualified; 2) Don't encourage testing or interpretation by people who are not qualified; 3) Don't reproduce test materials or describe tests publically in ways that compromises validity. who can you release test results to? - ANSWER - raw data must be qualified to interpret, unless required by law what are two key aspects of client welfare - ANSWER 1 - make sure to disclose conflicts of interest, taking confidentiality into account; 2- arrange for emergency coverage when not available If denied license or renewal, can request a hearing - ANSWER within 30 days, in writing; Board convenes a hearing To reactivate license from inactive - ANSWER Provide proof of 20 CE (10 or fewer independent study) in last year. If more than a year left in the cycle, complete another 20 in that time period. To reactivate license from expired - ANSWER Provide proof of 20 CE (10 or fewer independent study) in last year and complete the rest on time, OR if more than 1 year since it expired, show 40 CE for the current period. Can you always reactivate an expired license? - ANSWER No, not if more than 5 years expired. Then reapply. How does the Board notify about a hearing - ANSWER At least 30 days before, in person, registered or certified mail, restricted delivery, return receipt; must state issued or charges 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// $5,000 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 Sanction/penalty for aiding someone else to practice without a license or registration or misrepresenting the credentials of another person - ANSWER (21) up to: Denial of license or registration or revocation/ $10,000 Sanction/penalty for willfully failing to file or record a report that is required by law; impeding or obstructing the filing of a report - ANSWER (22) up to: Revocation/ $5,000 Sanction/penalty for failure to cooperate in Board investigation - ANSWER (23) up to: Denial of license or registration or revocation/ $10,000 Sanction/penalty for failure to comply with informed consent - ANSWER (24) up to: Probation for 2 years/ $1,000 Sanction/Penalty for violation of provisions regarding duty to commit, treat, or warn - ANSWER (25) up to: Revocation/ $1,000 Sanction/Penalty for discrimination - ANSWER (26) up to: Probation for 2 years/ $1,000 definition of practice of psychology (3 areas) - ANSWER to provide to any person: any service for compensation involving the application of psychological principles, methods or procedures for: (i) understanding, predicting, or influencing behavior, including the principles that relate to learning, perception, motivation, emotions, organizational relationships, and interpersonal relationships; (ii) interviewing, counseling, psychotherapy, behavior modification, or hypnosis; or (iii) constructing, administering, or interpreting tests of mental abilities, neuropsychological functioning, aptitudes, interests, attitudes, personality characteristics, emotions, or motivations. can other professionals use the term psychologists - ANSWER no, but they can practice elements of pscyh practice that fall within their own practice licensure or certification what is the term of a license in MD? - ANSWER 2 years; renewal notice 90 days before expiration. Examination Fees - ANSWER National- $650; State - $250 License/registration renewal fees - ANSWER $400; $300- bienniel Inactive status fee - ANSWER $200 every 2 years License/registration reinstatement fee - ANSWER $700; $600 8 ways to protect confidentiality - ANSWER 1 - maintain confidentiality; 2 - explain limits at beginning of treatment; 3 - safeguard information; 4 - release only as permitted or required by law; 5 - obtain written permission for recording interviews; 6 - avoid invasion of privacy by writing only about data relevant; 7 - treat assessment data as confidential; 8 - obtain consent before presenting info & disguise information when possible (especially in research & teaching) record keeping - ANSWER include informed consent, presenting problems, diagnosis, fee arrangements, dates and type of service, test data and evaluations, results of consultations what is a psychology associate? - ANSWER master's degree or equiv, has applied to the Board, will work under direct supervision of a licensed Psychologist Considered "Full-time" - ANSWER provision of direct services at least 26 hours/week Who can supervise a psychology associate? - ANSWER Psychologist licensed in MD with at least 2 years of post-licensure experience; can only do so in areas of competence; may delegate another psychologist with proper documentation (still taking full responsibility for services performed) What are the responsibilities of the supervisor - ANSWER 1) be available for emergency consultation; 2) maximum of 5 supervisees; 3) cannot engage in multiple relationship with supervisee; 4) take responsibilities for all services provided by supervisees; 5) complete additional CE requirements; Along with associate: 6) inform clients clients of supervision arrangements; 7) maintain documentation of supervision; 8) co- sign all clinical documents Can a license or registration be surrendered? - ANSWER Only if the Board agrees to accept it; not while under investigation or while charges are pending UNLESS the Board makes these arrangements during the investigation. Reasons the Board will take action in sanctioning or imposing penalties (22 grounds) - ANSWER (all cases where license is listed also apply to registration- p 21-22 of 2015 regs) (1) fraudulently obtain or attempt to obtain a license (2) fraudulently use a license (3) convicted or pleads guilty to a felony crime involving moral turpitude (4) addicted to narcotic or habitually intoxicated (5) aids someone else in unauthorized practice (6) practices fraudulently or deceitfully (7) violates Board's code of ethics (8) Willfully fails to file or record a mandatory report, or prevents someone else from doing so (9) false statement to collect a fee (10) makes or files a false report (11) is disciplined by another jurisdiction or branch of military (reciprocal discipline) (12) Violates any title adopted by Board (13) Misleading or untruthful advertising (14) professionally, physically, or mentally incompetent (15) promotes the sale of devices or goods that exploit patients for financial gain (16) behaves immorally in the practice of psychology (17 ) unprofessional conduct (18) discriminates against someone who is HIV positive (19) Fails to cooperate with Board's investigation (20) acts in a way that is inconsistent with professional standards (21) won't do criminal history backgrounds check (22) fails to supervise appropriately who serves on the Board - ANSWER 9 members - 7 psychologists, 2 consumers 2 psychologists engaged in service, 2 in research/teaching/training how long is a term on the Board, and how long can the members serve - ANSWER 4 year terms, max 2 consecutive terms who is qualified to be on the board (psychologist) - ANSWER - at least 5 years experience, US citizen, lives in MD What are the qualifications of consumer members of the Board? - ANSWER - member of general public; - can never have been a psychologist or trained to be one; -Cannot have a household member who is a psychologist or is in training; -Cannot have participated in a field related to psychology; -No financial interest in person regulated by the Board (2 years prior); - can you surrender your license to avoid sanction? - ANSWER No, unless the Board asks you to surrender it. How long does the Board have to notify a psych of a complaint - ANSWER 120 days, unless they dismiss it within that window or if it would prejudice investigation; then updates every 90 days Mitigating factors considered by the Board in assessment of sanction - ANSWER 1) lack of prior disciplinary record; 2) if self-reported; 3) full and voluntary admission of misconduct; 4) implementation of remedial measures to mitigate harm; 5) good faith efforts at restitution; 6) evidence of rehabilitation or potential; 7) no premeditation; 8) no potential harm or adverse impact; 9) isolated incident unlikely to occur again governing: divorce, child custody proceedings, child abuse & neglect, family violence; (4) proficiency in assessments of children, adults, and families Can you be civilly liable for participating in Board activities? - ANSWER A person who acts in good faith and within the jurisdiction of the Board is not civilly liable for information given to the Board. (p.94 of 2015 regs) What are the main things to be assessed in a child custody evaluation? - ANSWER (a) parenting skills and capacities of adults; (b) child's psychological functioning and developmental needs What is a compensation arrangement? - ANSWER any agreement or system involving remuneration between a healthcare provider or immediate family of a provider --could be associated with a referral What is an arm's length transaction? - ANSWER A business deal in which buyers and sellers act independently without one party influencing the other (e.g. rental or lease of an office space) What is a referral? - ANSWER the forwarding of a patient by one provider to another, outside the first provider's office or group practice. Examples of prohibited referrals - ANSWER (1) when there is a beneficial interest by provider or immediate family; (2) when immediate family owns a beneficial interest of 3% or greater; (3) when there is a compensation arrangement with provider or immediate family 3 things required when disclosing beneficial interest in writing - ANSWER (if not orally/by phone) (1) existence of ownership of beneficial interest or compensation arrangement; (2) states a patient may choose to obtain the service or care from another source; (3) requires written receipt of statement; needs to be inserted into medical record; must be displayed in office When can you file a complaint with an Insurance Commissioner? - ANSWER A member or provider can do this when: (1) the insurance carrier waives the requirement of an internal grievance process; (2) the carrier is not complying with the internal grievance process; (3) sufficient information is provided and there is a compelling reason to do so. (p.108 of 2015 regs) what are 8 types of treatment that minors can consent to? - ANSWER drug abuse, alocholism, vd, pregnancy, contraception other than sterilization, injuries from rape or sexual offense, exam to obtain evidence of rape or sexual offense, initial treatment and screening upon admission to a detention center. CANNOT refuse drug abuse or alcohol treatment that parent has consented to What generally constitutes privileged communication? - ANSWER information that you can refuse to disclose, or prevent a witness from disclosing, including: (1) Communications relating to dx and treatment of a patient; (2) information that would show the existence of a medical record for dx & treatment when is privilege excluded? - ANSWER (1) when it is necessary to place a patient in an inpatient facility; (2) A judge finds that it is necessary, if the issue involves the patient's mental or emotional disorder; (3) in a civil or criminal proceeding when: the patient introduces mental illness as part of their defense or after the patient's death; (4) there is a malpractice claim against a provider; (5) patient waives privilege; (6) criminal proceeding against patient who harasses provider; (7) peace order (like a protective order, but broader relationships) can minors consent for health-related problems? - ANSWER Same as an adult for psychological treatment by psychologist, physician, or clinic (but not for counselor, social worker) if the minor is (1) married; (2) a parent; (3) living separate and apart from their parents and are self-supporting. (p. 112, 2015 regs) Can minors 16 or older consent for treatment for mental health? - ANSWER A minor 16 or older has the same capacity as an adult to consent to consultation, dx and treatment by a physician or psychologist; but this does not include the capacity to refuse treatment when a parent has given consent. where do we report suspected child abuse or neglect? - ANSWER Dept of Social Services in county where child lives, within 48 hours, with copy to local State's Attorney if it is abuse (not neglect) AND if working for an agency, give the info to the head of the institution Can information be shared with parents over the expressed objection of a minor? - ANSWER A provider can, even if a minor objects, but doesn't have to. The physician heading the team that a psychologist is on makes this determination. Is a parent or guardian always responsible for costs of a minor's treatment? - ANSWER Not unless the parent consents to diagnosis or treatment of a minor. what is sexual abuse? - ANSWER sexual molestation or exploitation of a child by parent or other person who has temporary or permanent care or custody of child or responsibility of supervision, or by household or family member. Includes incest, rape, sexual offense, sodomy, unnatural or perverted practices Central registry - ANSWER any part of the Department's confidential computerized database that contains information regarding child abuse and neglect investigations. Definition of household (child abuse and neglect) - ANSWER Location: (1) in which the child resides; (2) where the abuse or neglect occurred; (3) where the person suspected of abuse or neglect resides. Identifying information (child abuse and neglect) - ANSWER the name of: (1) the child allegedly abused or neglected; (2) member of the household of the child: (3) parent or legal guardian of the child; or (4) individual responsible for abuse & neglect What is the definition of indicated? (child abuse and neglect) - ANSWER finding that there is credible evidence that abuse and neglect occurred. What constitutes mental injury? (child abuse and neglect) - ANSWER observable, identifiable, and substantial impairment of a child's mental or psychological ability to function. general definition of child abuse - ANSWER physical or mental injury of a child by any parent or other person who has permanent or temporary custody or care or responsibility for supervision of a child, or by any other household or family member, under circumstances that indicate a child's health or welfare is harmed or at substantial risk of being harmed. Or the sexual abuse of a child, whether or not physical injuries are sustained. what does sexual abuse include? (child abuse and neglect) - ANSWER allowing or encouraging the child to engage in: (1) obscene photography, films, poses; (2) pornographic photography films, or poses; (3) prostitution- trafficking, incest, rape, sexual offense, sodomy, unnatural or perverted sexual practices. What does "immunity" mean in the context of child abuse and neglect reporting? - ANSWER a person making a report is free of civil or criminal liability. who is notified in a report of a vulnerable adult? - ANSWER local department, if in institution, dept. head, by telephone or direct communication or writing, as soon as possible who is mandated to report on vulnerable adults? - ANSWER health practitioner, human service worker, police what goes in report on vulnerable adult - ANSWER same as child abuse What are the grounds for appointing a guardian to a vulnerable adult? - ANSWER if a person lacks sufficient understanding or capacity to communicate responsible decisions, such a provision of health care, food, clothing or shelter because of mental disability, disease, addiction; no less restrictive option will ensure safety of vulnerable person. required information on guardianship certificates for adults with disabilities - ANSWER (1) Examination signed off by 2 physicians or 1 psychologist and one physician; (2) history of involvement of guardian with disabled person; (3) date of last exam; (4) Assessment of disability as it relates to consent for guardianship. What information is required on a certificate of involuntary admission for an adult? - ANSWER (1) based on personal examination of physician or psychologist; (2) includes a mental dx; (3) includes an opinion about the necessity of inpatient care; (4) opinion that admission is needed to protect the person being admitted or someone else What needs to be included in a petition for an emergency evaluation? - ANSWER petitioner's reasons to believe an individual: (1) has a mental disorder; (2) presents a danger to the life or safety of themselves or others (p.140; 2015 regs) What is a peace officer? - ANSWER sheriff, deputy sheriff, police officers, secret service agent, agent of the Department of Homeland Security. Can be a petitioner in an emergency evaluation request after observing an individual's behavior. health information exchange- definition - ANSWER infrastructure that provides organizational and technical capabilities for the exchange of protected health information electronically among entities not under common ownership. person in interest- definition (Medical Records Act) - ANSWER (1) an adult a provider maintains a record about; (2) person authorized to consent to health care for an adult: (3) appointed representative of a deceased person; (4) minor, if the minor has a right to consent for treatment; (5) parent, guardian, custodian, or representative of the minor (parent- unless the authority to consent has been limited by court order or valid separation agreement). Protected health information - definition - ANSWER all individually identifiable health information held or transmitted by a covered entity-- protected under HHS privacy rule. Are disclosures included in a medical record - ANSWER yes, to any person who is not an employee or agent of the health care provider. disclosure of medical record it only allowed if - ANSWER provided by title or law 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; efffective 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 government investigating child abuse and neglect; only records/information that could help with: -Assessment of risk -development of a service plan -implementing a safety plan Can a non-custodial parent gain access to their child's records? - ANSWER Yes, access cannot be denied if a parent does not have physical custody of a child; unless otherwise ordered by the court. (Family Law Article, § 9-104) Can you refuse to release records because payment is due? - ANSWER No, even if a patient/client owes money, you cannot with hold records. What criminal penalties are associated with violating the rules about disclosure? - ANSWER Guilty of a misdemeanor; $1000 for first offense; $5,000 for each subsequent offense. What is the criminal penalty for fraudulently obtaining or disclosing a record? - ANSWER misdemeanor, up to $50,000 and 1 year of prison; false pretense: up to $100,000 and 5 years in prison; selling personally identifiable information: up to $250,000 and 10 years in prison. Privileged information related to drug & alcohol treatment - ANSWER records associated with counseling or therapy for drug or alcohol abuse are NOT admissible. How often a licensee has to submit to a criminal background check - ANSWER Every 6 years, and if a license was inactive for more than a year, before re-activation. Considerations for criminal history - ANSWER A) age the crime was committed; b) circumstances; c) length of time passed since the crime; d) subsequent work history; e) employment and character references; f) other evidence about the extent to which the applicant/licensee is a threat to public health or safety CE means learning experiences that are: - ANSWER A) professional activities behind what is required for licensure or registration; b) relevant to psy. practice, education, or science; c) enable licensees or associates to keep pace with emerging issues or technology; d) allow psychologists and associates to develop, maintain, and increase competencies to improve servuces to the public and enhance professional contributions. (P. 45, 2015 regs) Peer consultation group - ANSWER Group of psychologists that meet in person, in a structured manner, discuss clinical practice to broaden their knowledge and expertise. Can earn max 4 CEs every 2 years; must meet for at least an hour. telepsychology- definition - ANSWER use of interactive audio, video, or other media by a psychologist or associate who engages in practice at a different location from the client. 4 things that telepsychology is NOT - ANSWER (1) an audio-only phone conversation; (2) an e-mail message; (3) a fax between therapist and client; (4) a text How is a client evaluated for telepsychology services? - ANSWER An initial in-person evaluation should happen to determine if telepsychology is the most appropriate fit. This includes: dx & symptoms, medical & psychological history, preference for receiving telepsychology, risks, benefits and constraints of telepsychology.