Christina’S Cplee

10 hours in Aging/LT care

15 hours in spousal abuse

*before 2004, need 3 hrs in Aging and 2 hr in spousal abuse

At least 7 years after minor turns 18 (until age 25)

*for adults at least 7 years after termination

1) pt (or intimate or close relation to pt-ie, husband) communicates to therapist

2) serious threat of physical violence

3) against reasonably identifiable victim(s)

employer to employee

*psych assistants can’t be general contractors

1) facilitate future provision of services

2) allow for replication of research results

3) meet institutional requirements

4) ensure accuracy in billing

5) comply w/ the law

Never ok.

Ok ethically by the Ethics Code but never ok by HIPAA, so you gotta follow HIPPA

Ethically ok, but illegal

6 hours of supervision coursework every 2 years

To protect the public

Licensed Psychologists

Psychological Assistants

Registered Psychologists

Within 30 months

Mediation

Letter of warning

Educational letter

Educational review

Citation and fine

Citation and fine

Letter of reprimand (minor violation-no pt harm)

2-Step Agreement (minor)

Probation - license revoked, revocation stayed; terms and conditions of probation specified (when psych has been negligent)

Suspension

Surrender of license

Revocation

1. No surprises - tell pts about limits of confidentiality

2. Necessary and sufficient- limit info disclosed

1. Pt consents (in writing)

2. Tx emergency (pt OD)

3. Safety emergency (5150)

4. Quality care review

5. Tx

6. Legal system (court order, search warrant)

7. Crimes w/hospitalized pts

8. Employment-related

9. Mandatory reporting

Interim suspension order

1. Time passed since termination

2. Nature & duration of tx

3. Circumstances of termination

4. Personal hx of patient

5. Pt’s current mental status

6. Likelihood of adverse impact

7. Sexual statements made during tx

4 years after renewal period

A misdemeanor, punishable by up to 6 months in jail, fine of $2,500, or both.

May also result in disciplinary action.

-no clear violation of law

-misunderstanding b/w consumer and provider (eg, billing)

-minor departure in standard of care but no harm

-letter summarizing complaint and recommending behavior change to avoid future complaints

-minor infraction, no harm

-describes complaint and warns that if it happens again, formal action may result

-could happen if u don’t include license # on an advertisement

-minor infraction, no harm

-describes complaint $ relevant law

-warns that if it happens again, formal action may result

-could happen if u don’t include license # on an advertisement

-minor infraction, no harm

-describes complaint & relevant law

-warns that if it happens again, formal action may result

-could happen if u don’t include license # on an advertisement

-Voluntary

-BOP has concerns about you or you did a significant violation but not enough evidence to forward case to Atty General

-you can meet with investigator, expert, or BOP staff to discuss concerns in educational forum

-Less serious violations, like false advertising

-Fines from $100 to $2,500

-not considered disciplinary action but does become public record

-every 2 years

-requires 36 hours of CEs each renewal cycle (only 9 hours needs to be in-person, other 27 or 75% can be via independent learning - internet)

-need something in law and ethics

-after Jan 1,2020 need 6 hrs in suicide risk assessment and intervention in first renewal cycle (coursework or applied experience)

-negotiated b/w BOP, licensee, and their counsel

-not too severe, no harm to pt

-letter describes behavior

-may mandate coursework or cost recovery to BOP for investigation

-violation not too severe, no harm

-maybe inappropriately coding a bill to an insurance co.

-remedial coursework + having billing monitor your practice for some time

-once conditions are met, accusation is withdrawn

-gross negligence, repeated negligent acts

-dishonest, corrupt, or fraudulent act

-license revoked, revocation is stayed (put on hold and not actually implemented)

-probation period, terms, conditions specified

-if violated, may be revoked

-gross negligence

-repeated negligent acts

-dishonest, corrupt, or fraudulent act

-license revoked, revocation is stayed (put on hold and not actually implemented)

-probation period, terms, conditions specified

-if violated, license may be revoked

-automatic suspension when being incarcerated for a felony

- can’t practice psychology or refer to self as psychologist

Must immediately suspend your practice!

Issued when:

1. In violation of Business & Professions code OR convicted of crime related to licensed activity

2. Continuing to practice would endanger public health, safety, or welfare

Rather than completing administrative hearing process, may opt to surrender your license

-lost your license

-found guilty of sex w/ pt (or former pt w/in 2 years of termination)

-judge can’t stay the revocation

1. @ least 3 yrs to reinstate license revoked, suspended, or surrendered

2. @ least 2 yrs for early termination of probation of 3+ yrs

3. @ least 1 yr for early termination of probation of <3 yrs

1. @ least 3 yrs to reinstate license revoked, suspended, or surrendered

2. @ least 2 yrs for early termination of probation of 3+ yrs

3. @ least 1 yr for early termination of probation of <3 yrs

*BOP may also make you take more training or pass exam to be reinstated

*BOP may deny registration or licensure when you can’t practice safely d/t mental illness or chemical dependency

*When application is denied, must wait one year to reapply

*Registered sex offenders are ineligible for licensure or registration

-3 yrs from date BOP discovers alleged act

OR

-w/in 7 yrs from the date the act occurred (10 years for sex)

Whichever occurs first

Must be licensed in CA to give telehealth to a CA resident.

Obtain verbal or written consent before providing telehealth & document in medical record

15 days. If late, you pay $1,000/day for (civil penalty) each day they’re late after the 15th day

Also, failing to comply constitutes unprofessional conduct and may result in suspension or revocation of license.

<1 year in county jail

2,3,4 years in state prison

Civil: fines up to $25,000

16yo+: anyone

14-15yo: anyone under 21yo (must report lewd or lascivious acts if they’re with someone 10 years older or more)

<14: anyone around the same age (under 14)

*lewd or lascivious acts with anyone under 14 is illegal

16yo+: anyone

14-15yo: anyone under 21yo (must report lewd or lascivious acts if they’re with someone 10 years older or more)

<14: anyone around the same age (under 14)

*lewd or lascivious acts with anyone under 14 is illegal (unless both are under 14)

16yo+: anyone

14-15yo: anyone under 21yo (must report lewd or lascivious acts if they’re with someone 10 years older or more-it’s sexual assault)

<14: anyone around the same age (under 14)

*lewd or lascivious acts with anyone under 14 is illegal (unless both are under 14)

16yo+: anyone

14-15yo: anyone under 21yo (must report lewd or lascivious acts if they’re with someone 10 years older or more-it’s sexual assault)

<14: anyone around the same age (under 14)

*lewd or lascivious acts with anyone under 14 is illegal (unless both are under 14)

Under 18: mandated report if rape, incest, or sodomy

<6 months in jail or <$1000 OR both!!!

If death or serious injury occurs and you fail to report, you can get:

<1 yr in jail or <$5000 OR both!!!

<6 months in jail or <$1000 OR both!!!

If death or serious injury occurs and you fail to report, you can get:

<1 yr in jail or <$5000 OR both!!!

Yes, if services are in compliance with guidelines of the state where that pt resides

10 hours

*if it’s a semester, you get 15 hours of CR credit

Must decline. Can’t barter or pay a media employee for publicity.

-notice must be signed by 2 ppl: professional person or designee in charge of facility AND psychiatrist/psychologist who participated in the evaluation

-pt must be informed they are entitled to a certification review hearing to be held within 4 days of the date of certification

Parental consent is not required for services involving contraception & abortion

<6 months in jail

<$1000 fine

OR BOTH

<1 year in jail or <$1000 fine OR BOTH

OR

Prison for 16 months, 2 yrs, or 3 yrs or fine up to $10,000 OR BOTH

License revoked, judge can’t stay the revocation

-definition of therapist/pt sexual contact

-common reactions

-pt bill of rights

-options for reporting & instructions

-admin, civil, & prof. association complaint procedures

-support services for victims

1. Admin sanctions by Office for Civil Rights of Health & Humans

2. Civil penalties of $100 per violation, up to $25,000/year

3. $250,000 or 10 yrs in prison OR BOTH

1. Treatment

2. Payment

3. Healthcare operations

1. Notice - informed of privacy policy (given written copy)

2. Request restrictions - to use/disclose PHI

3. Receive confidential communications by alternative means or locations

4. Access records - inspect phi unless it jeopardizes life or physical safety of pt or others (no access to psychotherapy notes)

5. Amendment-change PHI to improve accuracy

6. Accounting-get account of all disclosures made in past 6 yrs

1. Written privacy policy - all pts (diff from informed consent)

2. Tracking Disclosures

3. Compliance of employees and business associates

4. Protect psychotherapy notes by keeping them separate from medical record

6. Safeguard access to PHI

1. Privacy-provides regulations and safeguards re: PHI

2. Transaction-standardized format used for HC transactions

3. Security-physical security, lock file cabinets and encrypt emails

He does not have friends, family, etc. for support. Willingness of others to help person get food, clothing, or shelter must be in writing.

License expired more than 3 years ago

1. Sexual assault (includes lewd and lascivious behavior)

2. Sexual exploitation

1. Client’s actions make it impossible (they stop coming to session, they threaten you)

2. When 3rd party payors (managed care companies) prohibit it

1. Resolving ethical issues

2. Competence

3. Human relations

4.

True

1. Strong beliefs anti-client

2. Lack competence

3. Client feels uncomfortable