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305 Cards in this Set
- Front
- Back
- 3rd side (hint)
Chapter 490 of Fla Laws & Rules is also known as the a) --- |
a) "Psychological Services Act" |
Section 1: Part A |
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Intent of the Board/Department is to a) --- which in turn affects the physical and psychophysical survival, the practice of psychology and school psychology by unqualified persons presents a danger to b) --- |
a) assist the public primarily with emotional survival
b) public health, safety & welfare
|
Section 1: Part A |
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The Board will close your licensure application, if you do not successfully pass both national and state exams within ---- months of receiving the letter approving you for examination. |
24 months |
Section 1: Part A |
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"doctoral-level psych education" and "doctoral degree in psychology" include which degrees? |
PsyD, EdD & PhD in psych |
Section 1: Part A |
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What 2 things must be accredited to be considered "doctoral level psych education"? |
1) educational institution by US DOE 2) psych program from agency recognized by DOE |
Section 1: Part A |
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"Practice of Psych" includes: a) --- by the use of scientific & applied psych principles
Use of specific modalities w/in practice of psych is restricted to b) ---
|
a) observations, description, evaluation, interpretation & mod of human bx
b) psych appropriately trained in use of spec modalities |
Section 1: Part A |
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What 2 things are not important in defining a practice as the "practice of psychology"? |
1- the place of service |
Section 1: Part A |
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The 4 primary practices included in the practice of school psychology. |
1-Assessment |
Section 1: Part A |
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How many members sit on the Board of Psychology? |
7 members;
5=licensed psych in good standing |
Section 1: Part A |
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How long is the term of a Board member? |
4 years |
Section 1: Part A |
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Where are the Board's headquarters? |
Tallahassee |
Section 1: Part A |
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License by Exam: A) Apply to sit for exam - what is the maximum fee allowable for the a) application to licensure? b) the exam fee? |
a) both have a maximum nonrefundable fee amount of $500
b) $85 |
Section 1: Part A |
|
License by Exam: B) Submit proof of doc-level education as 1) prev defined or
2) Equivalent of accredited institution outside US/CA comparable to US standards. Burden of proof is on: --- |
Applicant |
Section 1: Part A |
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License by Exam: 3) Received and submitted to board prior to 7/1/99, certification from a) --- accredited by a b) --- |
a) Program Director of Psych Program
b) programmatic agency recognized and approved by DOE |
Section 1: Part A |
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License by Exam: 4) Prior to 8/31/01, certification of program that at the time applicant enrolled and graduate maintained a standard comparable to DOE. Certification of comparability shall be provided by a) --- |
a) Program Director of psych program accredited by programmatic agency approved by DOE |
Section 1: Part A |
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License by Exam: C) What are the exper requirements for the psych licensure application? a) ---
Work performed on or off premises of the supervisor is ok if b) --- |
a) 2 years or 4,000 hrs of experience under the supervision of a licensed psychologist.
b) off-premise work is not indep, private practice without a licensed psych on site |
Section 1: Part A |
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D) Passed EPPP, what is a passing score for Fla laws & rules exam? a) --- A passing score on the Fla laws & rules exam will cease to be valid after b) --- months following the letter saying you have passed. |
a) 32/40
b) 24 months |
Section 1: Part A |
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What are the maximum application and examination fees for school psychologists? |
each are $250 (nonref.) |
Section 1: Part A |
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What are the a) education & b) experience requirements for the school psychology licensure application? |
a) doc, specialist or equiv degree primarily psych in nature & has 60 sem hrs or 90 qrtr hrs of grad study in related school psych area. Approved by Comm on Recog of Postsecondary Accred
b) 3 years experience in school psych, 2 of which must be supervised by a licensed school psychologist (includes doctoral internship). |
Section 1: Part A |
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Your application will be closed if you cannot pass the examinations required within this time frame a) ---
Application on file allows you to practice without a license under supervision until b) --- |
a) 24 months
b) final order of denial issued |
Section 1: Part A |
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Provisional License: How long can you use a provisional license and under what circumstances? |
a) expires in 24 months and may NOT be reissued/renewed. c) until receives letter stating that s/he is licensed |
Section 1: Part A |
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3 types of people eligible for Licensure by Endorsement (and what limits eligibility for all). |
(1) licensed in another state where reqs were equivalent or stricter that in Fla at the time of licensure. |
Section 1: Part A |
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Violations, penalties, injunctions... Give examples of 3-4 words that are protected under law... only to be used when referring to someone with an active license. |
1-psychologist |
Section 1: Part A |
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Violations, penalties, injunctions... What titles must be displayed, and where? |
a) a true copy of the license (or provisional license) must be displayed at each place where profession is practiced |
Section 1: Part A |
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Violations, penalties, injunctions... Any violations of use of title, or including title on prof ads (lic psych) or promo materials (prov lic) is considered a a) ---
Any person who fails to display a copy of their lic/prov lic is subject to b) --- |
a) misdemeanor of the 1st degree
b) disciplinary action |
Section 1: Part A |
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When is it okay for an unlicensed person to practice juvenile offender therapy? |
employed by Department of Juvenile Justice or DCF, with appropriate training, and supervised by licensed professional. |
Section 1: Part A |
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What are the restrictions (7) on a school psychologist practicing in the private sector? |
1-inform in writing about free services in school district |
Section 1: Part A |
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A person who is not a resident of the state, is not licensed in this state, can provide services in this state under what circumstances? |
1- no more than 5 days a month and 15 days a year |
Section 1: Part A |
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2 practices that are okay without license - if person not claiming to be practicing psychology. |
1-behavioral analysis |
Section 1: Part A |
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3 instances of appropriate waiver of confidentiality. |
1-licensee is defendant to a complaint filed by client |
Section 1: Part A |
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4 criteria for a specialty certifying board (like the ABPP). |
1-national in scope with standards and close collaboration with prof. orgs. |
Section 1: Part A |
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How many questions on the Fla Laws & Rules Exam are based on Chapter 64B19 (Florida Administrative Code)? |
12 (the most questions of any section) |
Section 1: Part A |
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What consitutes excused absenced for Board Members? |
1-court order |
Section 1: Part B |
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What does EPPP stand for? |
Examination for Professional Practice in Psychology |
Section 1: Part B |
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What is a passing score for the EPPP? |
Min. passing score is a scaled score of 500 (max. possible scaled score is 800). |
Section 1: Part B |
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What are the 7 sections covered in the Fla Laws & Rules Exam? |
1-Psych Services Act (Chapter 490) |
Section 1: Part B |
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What is needed to prove Phd/PsyD/EdD in licensure application? |
true copy of transcript sent directly to board |
Section 1: Part B |
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What is needed to prove an accredited psych program was attended in licensure application? |
true copy of transcript sent directly to board |
Section 1: Part B |
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For prior to July 1999 - How would you prove comparable program to an accredited program in your licensure application? |
a signed letter to the board from the director of an accredited psychology program enumerating documents reviewed and recognizing that comparable. |
Section 1: Part B |
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Criteria for comparing a psychology program outside US or without accreditation: |
1-identified as psych program |
Section 1: Part B |
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What does full-time residence mean for a psych program? |
1-continuous access to faculty |
Section 1: Part B |
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What courses (9) are required at a doctoral psychology program to meet criteria (comparable to accreditation)? |
1-Biological basis of behx |
Section 1: Part B |
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Of the 4,000 required experience hours - where do 2,000 come? |
2,000 hours are recognized from the applicant's internship. |
Section 1: Part B |
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What titles are appropriate for a trainee when completing the 2,000 hr requirement post-internship? |
Psychology Resident |
Section 1: Part B |
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What does a postdoctoral supervisor need to sign? |
Co-sign consultation reports and summaries. |
Section 1: Part B |
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Who is a "primary supervisor" for a postdoctoral fellow? |
If there is more than one supervisor during a post-doctoral fellowship, the primary supervisor (1) enters into the agreement with the applicant for licensure and (2) integrates all of the applicant's supervisory experiences. |
Section 1: Part B |
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Regarding post-doctoral training experience, what are the following requirements related to: |
1-averages at least 20 hrs week over 104 weeks OR no more than 40hrs a week over 52 weeks |
Section 1: Part B |
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The agreement between the supervisor and supervisee includes info about what? |
1-supervisee's obligations |
Section 1: Part B |
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What are the primary supervisor's responsibilities for supervision? |
1-enter into agreement |
Section 1: Part B |
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How long will the Board retain an incomplete application? |
Board does not review incomplete apps. |
Section 1: Part B |
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What do you do if due to illness/hardship you have not passed licensure exam (and will not pass in the 24 months required)? |
can request (in writing) an extension up to 12 months (up to 36 months total)...must have made a good faith effort to comply |
Section 1: Part B |
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What kind of license can someone who is retired(or retiring in 6mos) apply for? |
Limited License |
Section 1: Part B |
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What populations can someone with a limited license serve? |
Underserved/Critical need populations only-which includes: |
Section 1: Part B |
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When can someone applying for limited licensure avoid paying the $25 fee? |
with a notarized statement from employer saying that they will not receive monetary compensation for practice of psychology. |
Section 1: Part B |
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What are the current relevant fees for "Licensure by Examination" set at? |
1- $250 application fee 4 - $5 Unlicensed Activity Fund |
Section 1: Part B |
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What is the fee to review your Fla Laws & Rules Exam after you take it? |
$85 (yes, it is the same as it costs to take the test or to take it over) |
Section 1: Part B |
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What is the fee for Licensure By Endorsement? |
$250 (same as for Licensure by Examination) |
Section 1: Part B |
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What is the fee for Biennial Renewal? |
$340 whether active or inactive license |
Section 1: Part B |
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What is the fee for reactivating an inactive or retired license? |
$50 |
Section 1: Part B |
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If an active or inactive license is not renewed in time on a biennium, what will they have to pay? |
a delinquency fee of $400 |
Section 1: Part B |
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What are the fees required for a "Provisional License" set at? |
$250 application fee |
Section 1: Part B |
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What is the fee for retired status? |
$50 retired status fee |
Section 1: Part B |
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What 2 things are needed to renew an active license? |
1- Binennial renewal licensure fee ($340) |
Section 1: Part B |
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What is required to maintain a license on inactive status? |
1- the biennial renewal fee ($340) |
Section 1: Part B |
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Must provide dept with new addressed for ---- and ---- within ----- days. |
1- current mailing address |
Section 1: Part B |
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9 ways to get CE credit. |
1- APA approved/regionally accredited grad level courses (no more than 10 hrs per semester hour) |
Section 1: Part B |
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Total number of CE hours required for biennial licensure renewal? |
40 |
Section 1: Part B |
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How many of the CE hours must be in professional ethics and rules affecting practice? |
3 (at least 1 in each) |
Section 1: Part B |
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How many of the CE hours must be related to prevention of medical errors? What does this cover? |
2 |
Section 1: Part B |
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How many CE credits do you get for passing the Fla Laws & Rules exam? |
40 (including ethics hours - but not including prev. of med. errors req.) |
Section 1: Part B |
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For how long should CE credit documentation be kept by licensees? |
2 years following the renewal period when they were required. |
Section 1: Part B |
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What are the 3 specific areas that special CE credits are required? |
1- prev of med. errors |
Section 1: Part B |
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What are the requirements for CE credits related to domestic violence? |
Every 6 years (every 3rd biennial licensure renewal period), 2 CE hrs in domestic violence required. |
Section 1: Part B |
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What experience is needed by someone who will teach a course for CE credits? |
2 years of education or research or practical application in the subject matter |
Section 1: Part B |
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What is the objective of CE courses required by the Board? |
"Enhance psychological skills or knowledge" = increases ability of licensed psychologists to deliver services to the public. The course must assume a level of training in the audience beyond undergraduate level. Must introduce recent findings, encourage interdisciplinary approaches, focus on a specific area of expertise. |
Section 1: Part B |
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True or False: |
False, a program that will appeal to the general public will probably not enhance psychological skills or knowledge. |
Section 1: Part B |
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What (7 things) do CE providers have to submit to the board to be approved? |
1- narrative description of program |
Section 1: Part B |
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For how long do CE providers have to keep original evaluation documentation from participants in their programs? |
3 years |
Section 1: Part B |
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How much notice do CE providers have to give the board of any change in their programs? |
30 days for any significant changes |
Section 1: Part B |
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What is "one hr" of CE credit? |
no less than 50 minutes of uninterrupted education. |
Section 1: Part B |
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What materials are adequate for "substantiating CE credit"? |
1- APA certificate |
Section 1: Part B |
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In what 3 ways can the board evaluate CE provider programs? |
1- attending programs |
Section 1: Part B |
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If CE provider status is revoked, how long before the provider can reapply for provider status? |
at least 2 years must pass since final order of revocation. |
Section 1: Part B |
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Requirements for reactivating a retired license which has been retired less than 5 years? which has been retired 5 years or more? |
1-reactivation fee ($50) |
Section 1: Part B |
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Requirements for reactivating an inactive license? |
1-reactivation fee |
Section 1: Part B |
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What is the minimum number of people on a probable cause panel? |
2 (at least one is a current Board member - others can be former Board members) |
Section 1: Part B |
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How many probable cause panel members can be lay people (non-licensed psych.)? |
Only 1 member of the panel can be a lay member. |
Section 1: Part B |
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How are decisions made by the probable cause panel? |
By majority vote |
Section 1: Part B |
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What is the intent of/reason for laws regarding sexual misconduct in the practice of psychology (3)? |
1-clients are influenced by unequal distribution of power in relationship with psych. (beyond when services are rendered) |
Section 1: Part B |
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Is a client capable of consenting to sexual activity regarding a psychologist? (Yes or No) |
No. Not capable of valid, informed free consent to sexual activity. Client consent is not a defense against charges of sexual misconduct. |
Section 1: Part B |
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When is verbal or physical behavior which is sexually arousing or demeaning to the client acceptable (ONLY TIME-Not a Trick Question)? |
1- for the purpose of treatment of a psycho-sexual disorder |
Section 1: Part B |
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True or False: A formal contractual relationship, the scheduling of psych appointments, or payment/request of payment of fee for services determine whether or not a psychologist-client relationship exists. |
False. Can be evidence that the relationship exists, but are not determinative of this issue! |
Section 1: Part B |
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Factors (11) for Board to consider in determining whether or not psychologist-client relationship has terminated (for purposes of determining if sexual misconduct occurred). |
1- formal termination procedures |
Section 1: Part B |
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Post-termination, sexual conduct between psychologist and client is misconduct if... |
it is the result of an exploitation of trust, knowledge, influence or emotions from the professional relationship. |
Section 1: Part B |
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Penalty for sexual misconduct includes. |
restricted/limited practice, or |
Section 1: Part B |
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Penalties set forth by the board include what guidelines for the final order. |
1- description of the violation |
Section 1: Part B |
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How much time will a person have to pay a fine imposed by the Board? |
30 days |
Section 1: Part B |
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Do business cards or stationary count as professional advertising for a psychologist? (Yes or No) |
No. Therefore, they do not require the words "licensed psychologist" on them. |
Section 1: Part B |
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If an advertisement is posted by the Yellow Pages and a psychologist does not pay for it (is not aware of it), are they liable for it not saying "licensed psychologist"? |
The Board will not prosecute if they did not pay for it. However, if they become aware of it - they are responsible for preventing it in a future listing or paying for the additional words "licensed psychologist." |
Section 1: Part B |
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For which "minor" violations can the board choose to sen a "Notice of Noncompliance" before disciplinary action is taken? |
1- failing to include "licensed psychologist" in ad |
Section 1: Part B |
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Name 3-4 aggravating/mitigating factors that the Board can consider when assigning penalties. |
1-danger to public |
Section 1: Part B |
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Violations which may result in a citation require that the offense be corrected by the licensee within what timeframe? |
30 days of citation. |
Section 1: Part B |
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Violations which may result in citation include all of the following except: |
(a) can receive a citation for up to 3 months on inactive license ($500), or 3-6 months using inactive license ($1000), but cannot use citation for someone who goes over 6 months using an inactive license. |
Section 1: Part B |
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Name offenses for which mediation can be used to address violation. |
1- misleading ads |
Section 1: Part B |
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What is required to use the title "sex therapist"? |
(d). Requires training in the provision of psych health services AND 150 hours of education in the area of sex therapy |
Section 1: Part B |
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3 criteria for qualification to practice juvenile sexual offender therapy. |
1- Florida licensed psychologist (or DJJ/DCF employee being supervised) |
Section 1: Part B |
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How many hours of training required to call yourself a juvenile sexual offender therapist? |
30 hours |
Section 1: Part B |
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How many hours of training is required to practice hypnosis? |
10 hours of education in basic hypnosis. |
Section 1: Part B |
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How is basic hypnosis defined? |
Hypnosis for the purpose of stress management, self-hypnosis, guided imagery, or relaxation. |
Section 1: Part B |
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Exceptions from rule that says psychologist should not release test data. |
1- release to another psychologist |
Section 1: Part B |
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What is considered test data that should not be released to the general public? |
1- test protocol |
Section 1: Part B |
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Minimum standards of use of test instruments by a psychologist include these 4 requirements. |
1- consider if research supports test's assumptions |
Section 1: Part B |
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What is a potential dual role of a psychologist serving in forensic psychological examination of minors for purposes of addressing custody? |
guardian ad litems, mediators, or therapists - cannot also serve as forensic evaluator in such a case because of dual relationship. |
Section 1: Part B |
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True or False: Client who is not paying for services waivers communication confidentiality to payor. |
False. Regardless of who pays, client has reason to expect that communication is confidential. |
Section 1: Part B |
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Psychologist Records must Include these pieces of Information (4 basic / more additional). |
1- basic identification info. for client |
Section 1: Part B |
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Entries in Client records must be made within how much time? |
10 days from rendering service (should indicate date of service and date of entry in record). |
Section 1: Part B |
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How long should Psych. Records be Kept by Psychologist? |
3 years minimum - full records |
Section 1: Part B |
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What is the procedure regarding note retention if psychologist is relocating or terminating psychological practice? |
publish notice in newspaper weekly for 4 weeks with date of termination/relocation |
Section 1: Part B |
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What is the procedure regarding record retention when a psychologist dies? |
executor/survivor/representative will retain records for at least 2 yrs, 2mos from death |
Section 1: Part B |
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If client requests records, what are the psychologists options? What is the time frame? |
1- provide copies of records to client or to another psychologist within 30 days can charge for copies |
Section 1: Part B |
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What are examples of limits to the maintenance of confidentiality that are common? |
1-when clinical records available to others who don't have consent such as in a hospital setting |
Section 1: Part B |
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True or False: Confidentiality does not apply to minors and legally incapacitated individuals who cannot give informed consent under the law. |
False. While minors and incapacitated individuals cannot give consent under the law, they are still owed a duty of confidentiality. |
Section 1: Part B |
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How many questions on the Florida Laws & Rules Exam come from the Health Professions & Occupations Provisions (Chapter 456)? |
8 questions |
Section 1: Part B |
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Rules made by the department or the board cannot affect the health professions in any of the following ways (it would be against the intent of the law). |
1- unreasonably restrict and deter qualified people from entering the professions |
Section 2: Part G: |
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For what purpose will the Dept of Health work cooperatively with the Dept. of Revenue and disclose information relating to current licensees? |
In order to enforce child support laws by suspending/denying licenses of any licensee who is not in compliance with a child support order (or other written order with Dept. of Revenue). |
Section 2: Part G: |
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What is a long-range policy plan? What is the associated review process |
An annually updated report which covers the department's plan for at least 5 years. |
Section 2: Part G: |
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To who are board members responsible for the proper performance of their duties? |
Governor of the state of Fla. |
Section 2: Part G: |
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How many people are required for official Board business to be conducted? |
A quorum (51% or more of members) is required |
Section 2: Part G: |
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A board member's position is void (the position is vacant) if they do the following? |
3 consecutive unexcused absences |
Section 2: Part G: |
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How much is a former board member compensated for participating in probably cause panel? |
$50 per day |
Section 2: Part G: |
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How will differences between boards be solved? |
State Surgeon General may request the boards establish a special committee to recommend rules that will settle these differences. |
Section 2: Part G: |
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What (3) criteria must be met for the State Surgeon General to challenge Board rules? |
Board rules held invalid by State Surgeon General if: |
Section 2: Part G: |
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True or False: No board shall have standing to challenge a rule of another board. |
True. |
Section 2: Part G: |
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True or False: You may not apply for a license if you do not have a social security number from the U.S. Federal Government. |
False. Your application may be processed without a SS# using a unique personal ID number. The dept. can issue a temporary license which will expire in 30 days unless a number is obtained and submitted to the dept. |
Section 2: Part G: |
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True or False: Board can require personal appearance from licensure applicant. |
True. If fails to appear at next 2 meetings or within 30 days, the application can be denied. |
Section 2: Part G: |
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Other boards can require CE credits in what specific areas (not required by the Psychology board)? |
1-Risk management or Cost containment |
Section 2: Part G: |
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Boards can allow CE credits to be approved for providing what kinds of services to patients? |
25% of required CE can be allowable through pro bono services to indigent/underserved populations or in areas of critical need. These services must be approved in advance by the board to count for CE credits. |
Section 2: Part G: |
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True or False: Boards are allowed to accept research for CE credits. |
True, thought Psychology Board does not accept research for CE credits. Research in critical need areas or for training leading to advanced professional certification is allowable based on dept. provisions for the health professions. |
Section 2: Part G: |
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True or False: All applicant information is confidential and exempt from public record. |
False. All information required by the dept. of any applicant is public report and open to public inspection with certain exceptions (financial info, medical info, school transcripts, examination q&a, grades) |
Section 2: Part G: |
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What is the intent of the board offering limited licenses? |
the use of retired professionals in good standing to serve the indigent, underserved or critical need populations. |
Section 2: Part G: |
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For how long does a person have to have practiced before being able to apply for a limited license (upon retiring)? |
10 years |
Section 2: Part G: |
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In what kinds of places can a limited licensee practice? |
public or non-profit institutions that have professional liability coverage (and lets them serve indigent/unserserved/critical need pops) |
Section 2: Part G: |
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What criteria must be met for an applicant to challenge the validity of their examination? |
Applicant who failed with a score less than 10% below passing. |
Section 2: Part G: |
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For how long does the dept have retain record if each applicants examination questions, answers, grades, etc.? |
at least 2 years immediately following examination |
Section 2: Part G: |
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Can the licensure examination be provided in another language besides English? (Yes or No) |
Yes. If applicant bears cost and requests 6 months in advance. |
Section 2: Part G: |
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What kind of crime is it to reproduce/copy any part of the licensure examination? |
felony of the 3rd degree |
Section 2: Part G: |
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True or False; A person is NOT disqualified from practicing an occupation solely based on non-US citizen status. |
True |
Section 2: Part G: |
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What kind of test does a foreign-trained professional have to take to meet requirements for licensure? |
written practical examination testing current ability to practice the profession competently (not on preprofessional fundamentals) |
Section 2: Part G: |
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What are (3) requirements to foreign-trained professionals eligible for examination? |
1-exiled from western hemisphere country lacking diplomatic relations with US |
Section 2: Part G: |
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How does licensure renewal work for those in the Armed Forces (or their spouses)? |
remain in good standing without any licensure renewal efforts as long as they are absent from state because of duties (and 6mos following discharge) |
Section 2: Part G: |
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Factors that form the basis of how licensure fees are determined by boards (7 factors). |
1-revenue projections |
Section 2: Part G: |
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If the board did not set fees well enough to cover costs, what could happen? |
1- Dept can notify them, and then 1 yr later set fees on behalf of the board to maintain cash balance |
Section 2: Part G: |
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The Department of Health presents an annual report to the Senate and House (by Nov. 1) with the following information (8 pieces of info.). |
1-revenue/expenses/cash balance |
Section 2: Part G: |
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True or False: Boards can require the demonstration of competencies instead of classroom hour requirements for initial licensure. |
True. |
Section 2: Part G: |
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Information to be covered in required domestic violence CE credits? |
1-patients in your practice likely to be DV victims/perps |
Section 2: Part G: |
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True or False: If a person has licenses in 2 or more professions, they have to multiple their domestic violence CE requirements. |
False. Can show proof of having taken 2 hrs of board-approved domestic violence CE for multiple licenses. |
Section 2: Part G: |
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What is the presumption if a licensee contracts a blood-borne infection (HIV/Hepatitis)? |
Rebuttable presumption that the illness was contracted in the course of his employment, provided they immediately report exposure to supervisor. (Employer may rebut presumption by the preponderance of the evidence) |
Section 2: Part G: |
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What is the only kind of license under which you can practice? What licenses can you not practice with? |
1-Active Status License |
Section 2: Part G: |
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When do licensees pay for the change-of-status fee? |
When they change status of their license outside of a biennial renewal period. |
Section 2: Part G: |
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If a delinquent license does not become active or inactive before the next licensure cycle - what happens to it? |
The license becomes null. Must apply and meet all new requirements to get licensure again. |
Section 2: Part G: |
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When can a board require assessment of current competency of a licensee? |
To change inactive to active status after 2 consecutive biennial periods (4 years). In order to ensure care and skill sufficient for patient safety. |
Section 2: Part G: |
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Licensure renewal notifications for active/inactive licenses -- and cancellation notices for delinquent licenses go out when during the year? |
90 days before the end of the licensure cycle. |
Section 2: Part G: |
|
What 8 pieces of information go in physician/adv nurse pract initial licensure applications? |
1-each school attended with dates |
Section 2: Part G: |
|
For medical licensees, what kind of screenings required? |
initial license - fingerprints for state & national criminal background check |
Section 2: Part G: |
|
How will the department confirm applicant's disciplinary history? |
Check disciplinary history and medical malpractice claims at time of initial license application and license renewal using the National Practitioner Data Bank. |
Section 2: Part G: |
|
Practitioner Profiles include what information. |
1-medical malpractice claims (comparisons) |
Section 2: Part G: |
|
True or False: Personal injury claims are public record. |
True - except for the claimant/injured person's name. |
Section 2: Part G: |
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What information must a practitioner give to a patient if referring to an entity of which the provider is an investor? |
1-the existence of the investment interest |
Section 2: Part G: |
|
(4) potential harms caused by referral of a patient to a provider in which the referral source has an investment interest (intent of law is to limit this harm). |
1-can limit competitive alternatives in market |
Section 2: Part G: |
|
What is a "group practice"? |
1- two or more providers in association |
Section 2: Part G: |
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As defined by the department, investment interests that can be a conflict of interest DO NOT include the following: |
1- sole provider of services in rural area |
Section 2: Part G: |
|
Which of the following constitutes a referral? |
E. None of these are considered a referral. |
Section 2: Part G: |
|
Which of the following is a violation: |
E. B & C are violations. A private corporation would be ok if meets certain requirements (no req to refer, no benefits to referring, no more than 50% of the value is invested by investors who are in a position to make referrals) |
Section 2: Part G: |
|
What is true of payment for services rendered to a patient from a referral source that was a violation (with regards to the referring provider's investment interest in the referral source)? |
The claim for payment is not allowed and if collected must be refunded. This violation is ground for disciplinary action. |
Section 2: Part G: |
|
What rules govern refusing to treat a Medicare beneficiary? |
1-cannot refuse anyone who needs emergency care (must accept Medicare for that) |
Section 2: Part G: |
|
Name some professions who cannot be considered "record owners." |
Record owners - generate records after examination or trt of patient or received records by transfer or employ providers (e.g., HMO) |
Section 2: Part G: |
|
True or False: When completing copies to give patient upon request, can hold records until patient pays for services rendered. |
False. Record release shall not be conditioned upon payment of a fee for services rendered. |
Section 2: Part G: |
|
True or False: Records can be furnished without written authorization for statistical and scientific research. |
True, but only if the records are abstracted (de-identified) otherwise written permission is needed. |
Section 2: Part G: |
|
If the Department of Health requires patient records for an investigation or probable cause panel, can they get them without written authorization? (Yes or No) |
Yes, especially to look at controlled substances violations. However, for a psychotherapist-patient privilege case where they find reasonable cause and need the records, they may have to go to a court for an in camera review of records to determine if the records must be kept under psych-pt privilege. |
Section 2: Part G: |
|
True or False: Patient records used as part of an investigation against a provider become public record as part of the investigation. |
False. |
Section 2: Part G: |
|
Disclosing patient communication as authorized due to "duty to warn" is based on what criteria? |
1- patient has made an actual threat to physically harm an identifiable victim |
Section 2: Part G: |
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True or False: Provider can be held civilly liable for disclosing a patient's HIV diagnosis to a sexual partner/needle-sharing partner. |
False... if patient discloses identity of the partner and refuses to notify the partner after provider recommends notification. However, provider must notify patient of his/her intent to disclose. |
Section 2: Part G: |
|
How many years have to pass before someone convicted of a felony can be considered for examination or license issuance/renewal? |
15 years have to have passed since the sentence/probationary period are complete before application will be accepted. |
Section 2: Part G: |
|
When can someone who was terminated from the Florida Medicaid program be considered again for examination or license issuance/renewal? |
Has to have 5 most recent years in good standing with the Florida Medicaid program |
Section 2: Part G: |
|
If a citation for a violation is not disputed within ---- (timeframe), it becomes a -----. |
within 30 days, |
Section 2: Part G: |
|
How much money in administrative penalties (citation), penalty fines (by rule), and civil penalties (court) can be charged for practicing without a license? |
administrative penalty = up to $5000 per incident |
Section 2: Part G: |
|
What kind of crime is it to practice in Florida without a license? |
felony of the 3rd degree |
Section 2: Part G: |
|
Reasons for penalties for licensure violations (not reasons why there are rules in the first place=safety). These are also things to consider when choosing a penalty. |
1- Protect/compensate Patient |
Section 2: Part G: |
|
True or False: The department will close any investigation in which the complainant withdraws the complaint or no longer wishes the complaint to be investigated. |
False. The department may take appropriate final action on such a complaint. |
Section 2: Part G: |
|
There must be a plan to expedite any investigation that is not completed within --- (timeframe). |
within 1 year of the filing of the complaint. |
Section 2: Part G: |
|
If a proceeding is for the purpose of suspending a license or restricting a license, who conducts that proceeding? |
State Surgeon General or his/her designee must issue the final summary order. |
Section 2: Part G: |
|
What happens if no probable cause is found following a complaint? |
the dept gives note to the complainant and they may provide additional information within 60 days. the investigation is otherwise closed. |
Section 2: Part G: |
|
What protections are there for complainants who filed a complaint in good faith? |
immunity from civil liability and laws against their discharge by their employer |
Section 2: Part G: |
|
Is there a statute of limitations on filing complaints? Yes or No. |
Yes. Must file complaint within 6 years of violation, unless concealment/fraud used to hide violation (then can be extended up to 12 yrs). |
Section 2: Part G: |
|
Emergency suspension of license will happen if a person pleads guilty to any of the following? |
1-felony |
Section 2: Part G: |
|
If a complaint is filed against a licensee for impairment (drugs/alcohol/mental/physical) which would affect ability to practice and no other complaint exists, would it constitute grounds for discipline? (Yes or No) |
No, not if the board finds the following: |
Section 2: Part G: |
|
True or False: If a provider inquires about impairment treatment programs, an investigation may be opened. |
False. This would not constitute a complaint unless indicates that the licensee if a danger to the public. |
Section 2: Part G: |
|
Will a finding of probable cause be made to an impaired licensee undergoing trt? (Yes or No) |
No. |
Section 2: Part G: |
|
True or False. An impaired practitioner consultant is a contractor and considered independent of the state |
False. Consultants are contractors, but are considered agents of the state. |
Section 2: Part G: |
|
What information can be found on a citation given out by the board to a licensee? |
1-subjects name & address |
Section 2: Part G: |
|
When can a citation be used as a penalty? For what kinds of violations? |
Violations for which there is no substantial threat to the public health, safety, and welfare or no violation of standard of care involving injury to a pt. |
Section 2: Part G: |
|
Within what period of time following a complaint can a citation be made to a licensee? |
Within 6 months |
Section 2: Part G: |
|
Which violations are appropriate for mediation? |
Complaints where harm caused by the licensee: |
Section 2: Part G: |
|
If a mediation resolution occurs within ---- (timeframe), the dept/board will take no further action. |
14 days. A successful mediation is not discipline and no statements during mediation are admissable in other proceedings. |
Section 2: Part G: |
|
Why are a range of penalties (penalty guidelines) set for all violations? |
1-to distinguish those which endanger public health, safety, welfare |
Section 2: Part G: |
|
Written Prescriptions for Drugs Have to Have What Information In the Prescription? |
1-name of prescriber |
Section 2: Part G: |
|
What is "the failure to practice medicine in accordance with level of care/skill/trt recognized in general law?" |
Medical Malpractice |
Section 2: Part G: |
|
What is repeated medical malpractice? what are the consequences? |
3 or more incidents of medical malpractice by a provider (after Nov 2004). |
Section 2: Part G: |
|
What shall count as 1 incident of medical malpractice? |
1- a single act (regardless of the # of claimants |
Section 2: Part G: |
|
How many questions will be on the Fla Laws & Rules exam related to Chapter 394, the Florida Mental Health Act? |
7 questions |
Section 2: Part G: |
|
What are the elements that make up "expressed and informed consent"? |
1-consent is voluntarily given in writing |
Section 1: Part E: |
|
What is the name of a person appointed by a court to make decisions regarding mental health trt on behalf of a person found incompetent to consent to trt? |
guardian advocate |
Section 1: Part E: |
|
What is the difference between a mental health overlay program and a mobile crisis response service? |
mental health overlay - provides examination for VOLUNTARY admissions and supplemental services in a RESIDENTIAL setting (can be attached to a public receiving facility). |
Section 1: Part E: |
|
True or False. A county jail can be used as a public receiving facility when necessary. |
False. |
Section 1: Part E: |
|
True or False. Public Receiving Facilities provide short-term treatment and psychiatric evaluation. |
True. They also receive and hold involuntary patients under emergency conditions. |
Section 1: Part E: |
|
Which act of those in the Fla Laws & Rules Exam is known as "The Baker Act"? |
The Florida Mental Health Act (Chapter 394) |
Section 1: Part E: |
|
What Dept. is designated as the "Mental Health Authority" in Florida? |
The Department of Children & Family Services (it is the dept referred to in the Baker Act regarding voluntary/involuntary admissions) |
Section 1: Part E: |
|
How does DCF carry out the many responsibilities under the Florida Mental Health Act? |
Through the Power to Contract. Awarding contracts using competitive sealed bids with universities/hospitals/clinics/etc. Contracts are effective for 3 years, and DCF makes periodic audits/inspections. |
Section 1: Part E: |
|
Who is exempt from mental health personnel level 2 background screening (including fingerprints)? |
1-students in a mental health facility where the primary purpose is not to treat minors are exempt if under direct supervision |
Section 1: Part E: |
|
What is the difference between a case manager and a client manager? |
case manager (case management)- works with clients linking them to the service system |
Section 1: Part E: |
|
What is a plan between a resident at an assisted living facility (where the facility has a limited mental health license) and a mental health provider caring for that resident? What is that resident called? |
"Community Living Support Plan"- created with consultation from administrator |
Section 1: Part E: |
|
Name 3 items that are contraband from a hospital providing mental health services. |
1- intoxicating beverages |
Section 1: Part E: |
|
What 3 rights are associated with a patient's right to individual dignity? |
1- do not use same restraining devices used for criminals except for protection of pt or others |
Section 1: Part E: |
|
If a person is at a receiving or treatment facility for more than 12 hours, what kind of examination will they automatically receive and why? |
a physical examination will be provided within 24hrs of arrival; this is under the "right to treatment" |
Section 1: Part E: |
|
Within how many days at a treatment facility will the patient have to receive and comment on an individualized treatment plan? |
5 days |
Section 1: Part E: |
|
What information must be provided before seeking expressed & informed consent of a patient under the Baker Act? |
1-reason for admission/trt |
Section 1: Part E: |
|
True or False. Restraints and seclusion can never be used to punish poor behavior by a mental health resident. |
True. A facility may never use restraint or seclusion for punishment, to compensate for inadequate staff, or for the convenience of staff. |
Section 1: Part E: |
|
Name 4-5 rights that a patient in a facility has as listed in the Baker Act. |
1-right to individual dignity |
Section 1: Part E: |
|
True or False. Facilities must permit immediate access to any patient by the patient's family members. |
True -- unless would be detrimental to the patient. |
Section 1: Part E: |
|
How do patients in a facility have access to communicate with those on the outside or make abuse reports? |
1-The facility is required to provide a telephone allowing for free calls in a place where they can communicate privately/confidentially. Long-distance calls are allowable (do not need to be paid by the facility). |
Section 1: Part E: |
|
What should be posted in a facility for patients to readily see? |
notice of the rights of patients |
Section 1: Part E: |
|
True or False. If a person is guilty of sexual misconduct, they will also be guilty of sexual battery. |
False. Sexual misconduct by an employee in a facility caring for patients is a felony of the 2nd degree. You can be guilty of it and not guilty of the crime of sexual battery. |
Section 1: Part E: |
|
To what employees do the rules about sexual misconduct with patients in a mental health facility NOT apply? |
1- employee married to the patient under question |
Section 1: Part E: |
|
What is the duty of an employee who witnesses or otherwise knows about sexual misconduct in a mental health facility? Is it a crime not to act in this case? |
1- report to DCF's central abuse hotline |
Section 1: Part E: |
|
How will a facility select a representative for an involuntary admittee who refuses to select one? |
first preference to health care surrogate |
Section 1: Part E: |
|
What sorts of medical procedures can a guardian advocate never consent to? |
1- abortion |
Section 1: Part E: |
|
Notice of an involuntary placement petition occurs how and with what information? |
The patient is notified orally & in writing. The patient's representatives are notified by mail. |
Section 1: Part E: |
|
True or False. All receiving and treatment facilities must be designated by the Department of Children & Families. |
True. Facilities are not permitted to hold or treat involuntary patients unless designated by the department. |
Section 1: Part E: |
|
Facilities must provide an annual report to the Agency for Health Care Administration. What sort of information do they provide in the report? |
1-number of licensed beds |
Section 1: Part E: |
|
Where can people (18yrs and up) who meet criteria for voluntary or involuntary mental health treatment and/or substance use trt/impairment all be seen? |
an integrated mental health crisis stabilization unit and addictions receiving facility. |
Section 1: Part E: |
|
Which of the following is NOT a true authorized release of a patient's clinical record? |
(E) all of the above are authorized. |
Section 1: Part E: |
|
True or False. Records can always be furnished to the Medicaid Fraud Control Unit when requested (without patient authorization). |
True. |
Section 1: Part E: |
|
True or False. Because of confidentiality and privilege, parents and next of kin cannot receive information about the person's treatment plan or condition without patient expressed & informed consent. |
False. Info limited to a summary of the patient's trt plan and current condition can be released in accordance with the code of ethics of a particular profession, and is not prohibited by rules of confidentiality for patient clinical records. |
Section 1: Part E: |
|
For what purpose can a patient in a facility be denied access to their records? For how long? |
If it is found that such access would be harmful to the patient. Written notice of the restriction should go to the patient and representatives (And be documented in the clinical record along with reasons for the restriction). Restriction shall expire after 7-days and be reviewed for renewal |
Section 1: Part E: |
|
Who is responsible to pay for a patient's transport to a public receiving facility? |
-the person receiving the transport |
Section 1: Part E: |
|
Who is liable for the safety of a patient being transported to a public receiving facility? |
the transporter (an independent contractor) must be insured at $100,000 or more) |
Section 1: Part E: |
|
When is law enforcement not responsible for transporting pt to public receiving facility? |
1-county has contracted with private transport service |
Section 1: Part E: |
|
What should a law enforcement do if someone who meets criteria for involuntary examination commits a felony? |
1-first process the person as any other criminal suspect |
Section 1: Part E: |
|
True or False. The nearest public receiving facility must accept all persons brought by law enforcement for involuntary examination. |
True. |
Section 1: Part E: |
|
When certain people request voluntary admission to a facility, there is the need verify their ability to consent... Which people is this required of? |
1-60yrs or older who wants transfer from nursing home |
Section 1: Part E: |
|
True or False. A patient who is found to be "incapacitated" cannot be admitted as a "voluntary" patient. |
True... they have been found unable to provide voluntary consent. |
Section 1: Part E: |
|
If a voluntarily admitted patient requests discharge, will they always be discharged (yes or no). |
No. They have a right to request discharge. However, if they meet criteria for involuntary placement and the facility administrator petitions the court within 2 working days, the patient may be held while a decision about involuntary status is made. |
Section 1: Part E: |
|
What criteria must be met in order to be eligible for involuntary examination? |
1-reason to believe person has mental illness |
Section 1: Part E: |
|
What 3 ways are there for an involuntary examination to be initiated? |
1- court ex parte order based on sworn testimony |
Section 1: Part E: |
|
What is the longest that a patient can be held in a receiving facility for involuntary examination? |
72 hrs |
Section 1: Part E: |
|
What criteria must be met in order to be eligible for involuntary outpatient placement? |
1-adult with mental illness |
Section 1: Part E: |
|
Who is the official person who recommends involuntary placement (outpatient or inpatient)? What is this recommendation based on? |
administrator of a receiving facility where the patient has been examined or administrator of a treatment facility where receiving care. |
Section 1: Part E: |
|
Can involuntary outpatient treatment be ordered with a patient's current therapist? (Yes or no) |
Yes. If they do not need public financing and already have a psychiatric trt relationship, they may be ordered to trt with that same provider. |
Section 1: Part E: |
|
True or False. If a service provider certifies that services are not available for a proposed trt plan, the involuntary outpatient placement becomes and involuntary inpatient placement. |
False. A petition for outpatient placement cannot be made if the services are not available. A treatment plan approved of by a service provider and mental health professional is needed and those service must be available, in order to move forward with involuntary outpt placement. |
Section 1: Part E: |
|
Within what amount of time will a hearing be held regarding involuntary placement (outpt or inpt)? |
within 5 days of a petition unless a hearing continuance is filed by the patient (allows for up to 4 weeks more). |
Section 1: Part E: |
|
True or False. Patient at a hearing for involuntary placement has the right to an independent evaluator. |
True. |
Section 1: Part E: |
|
A court order for involuntary placement (outpt or inpt) can last for how long before expiring? |
up to 6 months (before which petition for continued invol trt must be submitted by service provider - or patient and provider can agree to continued placement without a court hearing) |
Section 1: Part E: |
|
If a patient refuses to comply with involuntary outpatient placement, what can the provider do? |
1- if meets criteria, can certify for an examination to determine if meets criteria for involuntary inpt trt. |
Section 1: Part E: |
|
If during a hearing for involuntary placement, a patient is found incompetent to consent to treatment, what will they do? |
assign a guardian advocate |
Section 1: Part E: |
|
What criteria must be met to be eligible for involuntary inpatient treatment? |
Clear & Convincing Evidence |
Section 1: Part E: |
|
Transfer to Dept Veterans Affairs Occurs How for Patients in Other Facilities? |
1-need certificate from VA saying they have availability and the patient is eligible for care there |
Section 1: Part E: |
|
Are procedures and policies for placement of mental health residents substantive or procedural? |
substantive |
Section 1: Part E: |
|
What special group has a special comprehensive plan to ensure that they are deinstitutionalized as appropriate (and a semiannual report about it)? |
mental health residents over age 55 (special efforts to stimulate support resources and help develop daily living skills to accomplish deinstitutionalization) |
Section 1: Part E: |
|
True or False. The department must transfer a patient to another public receiving facility or treatment facility if requested by patient or patient rep. |
False. They may do so at their discretion (depends on availability of resources and treatment of the patient) |
Section 1: Part E: |
|
What does convalescent status mean? |
"recovering" - often when released from inpatient status, released under convalescent status to the care of a community facility |
Section 1: Part E: |
|
What diagnosis for children implies the child would benefit by and require residential care? |
"psychotic or severely emotionally disturbed" |
Section 1: Part E: |
|
True or False. Minors under 17 have the right to emergency evaluative services from a mental health professional without parent consent. |
False. Only 13 and up. This is true for 2 visits within a 1-week period in response to a crisis situation. After that parental consent is needed. |
Section 1: Part E: |
|
True or False. Provision of medication without parent consent is allowed for minors 13 and up in a crisis situation. |
False. Only counseling, group therapy and other verbal therapy is allowed twice in 1-week before parental consent is sought (in crisis situations). |
Section 1: Part E: |
|
What are the special requirements for minors who are under 14yrs and admitted for crisis stabilization or residential trt? |
Cannot be admitted to a bed in a room or ward with an adult patient or share common areas with adult patients. |
Section 1: Part E: |
|
Specialty psychiatric hospitals can be reimbursed how much for indigent care annually? |
up to the amount that hospital contributed to the Public Medical Assistance Trust Fund in the previous year. |
Section 1: Part E: |
|
True or False. There is a section in the Baker Act dedicated to the privatization of South Florida State Hospital. |
True |
Section 1: Part E: |
|
What are "acute mental health services"? |
mental health services provided through inpatient hospitalization. |
Section 1: Part E: |
|
What is "charity care"? |
care provided to patients with income equal/below 150% of poverty guideline for which there is no compensation |
Section 1: Part E: |
|
What does PMATF stand for? |
Public Medical Assistance Trust Fund |
Section 1: Part E: |
|
How many questions on the Fla Laws & Rules exam are based on Proceeding Relating to Children (Chapter 39.201)? |
2 questions |
Section 1: Part E: |
|
Who is required to report if a child is abused, abandoned or neglected by a caregiver? |
Anyone |
Section 1: Part C: |
|
Under what circumstances will the sheriff's office receive the report made to an abuse hotline? |
(1) if someone other than a caregiver is abusing a child |
Section 1: Part C: |
|
If a newborn infant is left at a hospital, emergency, or fire station - what will the abuse hotline do with that report? |
refer the reporter to a licensed child-placing agency unless other signs of neglect/abuse... |
Section 1: Part C: |
|
What information is kept by the hotline about any abuse reporting? |
(1) voice recording of all incoming/outgoing calls |
Section 1: Part C: |
|
How much time after a report is filed about abuse to the abuse hotline - before an investigation will be started? |
24 hrs after the receipt of a report. |
Section 1: Part C: |
|
True or False: The abuse hotline information is often used for employee screening. |
False, It cannot be used for these purposes |
Section 1: Part C: |
|
How many questions in the Fla Laws & Rules Exam will be about Section 90.503 regarding psychotherapist-patient privilege? |
1 question |
Section 1: Part C: |
|
Who can claim "privilege" with regards to the psychotherapist-patient privilege? |
(1) patient or patient's attorney |
Section 1: Part D: |
|
What are the 3 cases where there is "no privilege" according to 90.503 (Section on Psychotherapist-Patient Privilege)? |
(1) proceedings to compel hospitalization if psychotherapist feels inpatient treatment is needed |
Section 1: Part D: |
|
How many questions in the Fla Laws & Rules Exam will be based on the Protection from Abuse, Neglect & Exploitation Section (Chapter 415) |
1 questions |
Section 1: Part D: |
|
What else is Chapter 415 Called? |
Adult Protective Services Act |
Section 2: Part F: |
|
What are the elements of exploitation? |
1-elderly or disabled vulnerable adult |
Section 2: Part F: |
|
4 examples of exploitation? |
(1) breaches of financial relationships (unauthorized sale/transfer, etc.) |
Section 2: Part F: |
|
Who is a vulnerable adult? |
1-18 or older |
Section 2: Part F: |
|
Is there mandatory reporting of abuse, neglect, exploitation in vulnerable adults? (Yes or No) |
Yes. Anyone must report to central abuse hotline. |
Section 2: Part F: |
|
Recommendations following a protective services investigation for a vulnerable adult must be given within what timeframe? |
within 60 days of the initial report |
Section 2: Part F: |
|
True or False: Department investigating vulnerable adult abuse, neglect or exploitation has authorized access to any otherwise confidential files needed for the investigation |
True. with some exceptions - they may have to get court order to get some files, and they will not have access if the vulnerable adult able to give consent does not consent to them reviewing their files (and they are the alleged victim). |
Section 2: Part F: |
|
Under what circumstance will all confidential information regarding a vulnerable adult determined to have been neglected, abused or exploited - become public? |
if the person dies as a result of the abuse, neglect or exploitation. |
Section 2: Part F: |
|
What kinds of public summary information about a case involving serious bodily injury to a vulnerable adult can be released by DCF? |
1-confirmation of an investigation |
Section 2: Part F: |
|
An adult protection team can include any of the following professionals? for what purpose? |
1-psych |
Section 2: Part F: |
|
What are requirements for voluntary admission at a facility? |
1-evidence of mental illness |
|
|
Renewal of License: What is the renewal a) period and b) CEU requirements for Licensed Psychologist? |
a) Biennial Renewal b) 40 CEU's (no more than 25/year can be required) |
|
|
CEU Providers: Who approves the application for CEU providers? a) --- What is the b) max fee for application/renewal and where is the c) money deposited? |
a) Dept or Board (for Psych) b) $500 c) Medical Quality Assurance Trust Fund |
|
|
Discipline: Grounds for Denial or Disciplinary Actions...
1. Lic obtained/renewed via a) --- 2. Having a lic b) --- including denial or certification or lic by another state, territory or country
3. Being C) --- of a crime in any jurisdiction which directly relates to professional practice, including a d) --- which creates a rebuttable e) --- but relevant evidence can be presented to Board of surrounding circumstances & the plea |
a) bribery/fraudulent representation
b) revoked, suspended or otherwise acted against
c) convicted or found guilty, regardless of adjudication,
d) plea of nolo contedere
e) presumption of guilt |
|
|
Discipline: Grounds for Denial or Disciplinary Actions... 4. |
ads |
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