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65 Cards in this Set

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Which 10 violations penalty for 1st offense is: Reprimand & 1,000 to Revocation & up to 10,000?

What are the 2nd & 3rd penalties in all except 1?
1. Maintaining a wrongful professional association (490.009f - citation for $500 if association MAY be in violation)

2. Failing to perform any statutory or legal obligation (490.009h)
(If fail to explain nature & confidentiality of eval can be mediated)

3. Paying or receiving a kickback (490.009j)

4. Negligence (490.009r)
(If arise from psych eval can be mediated)

5. Delegating professional responsibilities (490.009s)

6. Experimentation w/out informed consent (490.009q)

7. Identifying or damaging research clients (490.009v - can be mediated)

8. Exercising influence on pt or client for financial gain (456.072n)

9. Improperly interfering with an investigation (456.072r)

10. Performing or attempting to perform wrong health care services (456.072bb)

2nd = reprimand, suspension & 5,000 to revocation and up to 10,000
(except 1. = reprimand, probation & 5,000)

3rd = revocation & 10,000
(except 1 = reprimand, suspension to revocation &10,000)
Which violation results in reprimand, probation & 1,000 to revocation and up to 10,000 on the first offense?

What are the 2nd & 3rd offenses?
Knowingly aiding, assisting, procuring, or advising a non-licensed person (490.009g & 456.072k

2nd offense = reprimand, suspension & 5,000 to revocation and up to 10,000

3rd offense = revocation & 10,000

2nd =
Which violation results in a penalty of reprimand, probation and 10,000?

What if it was unintentional?

What are the 2nd & 3rd penalities?
Making misleading, deceptive, untrue, or fraudulent representations (490.009l)
(If misrepresent credentials may be mediated)

IF unintentional: reprimand and a fine of 1,000 to 10,000

2nd = reprimand & suspension to revocation & 10,000
(if unintentional then reprimand & probation fine of 1,000 to 10,000)

3rd = revocation & 10,000
(if unintentional then reprimand & suspension and fine of 5,000 to 10,000)
What 2 violations result in reprimand to revocation & 10,000 for the first offense?

What are the 2nd & 3rd offense penalities?
1. Soliciting through fraud, intimidation, undue influence etc... (490.009m)

2. Willingly making or filing a flase report (490.009i & 456.072l)


2nd = reprimand & suspension to revocation & 10,000

3rd = revocation & 10,000
Which 2 violations has a penalty of reprimand & probation to suspension & 10,000 fine?

2nd & 3rd penalities?
1. False/decpetive or misleading advertising (490.009d and 46.072m)

IF unintentional then reprimand & 1,000 to probation & 5,000

2. Advertising, practicing, or attempting to practice under another name (490.009e)

2nd = SAME for #1 - for #2 is reprimand & suspension to revocation & 10,000

3rd = revocation & 10,000
Which violation has a penalty of reprimand and a fine of 1,000 to 5,000?

2nd & 3rd?
Failing to maintain confidence (490.009u)
(can be mediated)

2nd = reprimand to revocation & 5,000 -10,000

3rd = revocation & 10,000
Which violation has a penalty of reprimand to suspension & fine from 1,000 - 10,000?

2nd & 3rd?
Failing to provide records/copies that were paid for (490.009n - can be mediated)

2nd = reprimand to suspension & fine from 5,000 to 10,000

3rd = reprimand & suspension to revocation & 10,000
Which violation results in a penalty of 1,000 to revocation and up to 10,000?
Violating any provisions of chapter 490 or 456 (490.009w & 456.072b)

2nd = suspend & 5,000 to revoke & up to 10,000

3rd = 10,000
Which violation has a penalty of suspension until compliance and a fine of 1,000 to 10,000?
Failing to respond to department w/in 30 days (490.009o)
(1st get notice of noncompliance, then citation for $500)

2nd = suspension until compliance & 5,000 to 10,000

3rd = suspension until compliance to revocation and 10,000
Which 2 violations have a penalty of suspension and up to 10,000 to revocation?
1. Termination from impaired pratitioner program (456.072hh)

2. Criminal conviction relating to psychology (490.009c)

2nd = SAME AS FIRST

3rd = revocation
Which violation results in suspension followed by probation, mental & physical evaluations to revoke & 1,000 to 10,000?
Incompetence (mental or physical impairment) (490.009p)

2nd = SAME AS FIRST

3rd = revocation
Which violation results in suspension & probation to revocation and fine 5,000 to 10,000 for the first offense?
Sexual misconduct or battery on a patient (490.009k)

2nd = revocation & fine 5,000 - 10,000

3rd = revocation & 10,000

applicant = permanent denial of licensure
Which violation results in a $250 fine and suspension until compliance for the 1st offense?
Failure to comply with continuing education for domestic violence (456.072s)

2nd = reprimand, $500 & suspension till compliance

3rd = reprimand, $1,000 and suspension till compliance
Which violation results in an imposition of discipline that would have been imposed in Fl and up to 10,000 fine for first offense?
License disciplined by another jurisdiction (490.009b)

2nd = SAME

3rd = revocation & fine 10,000
Applicant = permanent denail of licensure)
Which violation results in revocation or permanent denial AND 10,000 fine for first offense?
Attempting to obtain/renew license by bribery/fraud (490.009a)

2nd = revocation or permenant denial & 10,000

3rd = same
Citations: What sort of penalty is imposed for failing to pay fine w/in 30 days (490.009t)
10% of fine & cost of imposed fine
What 3 citations result in a $500 fine?
1. Failing to respond w/in 30 days (490.009o) (FIRST will receive a notice of noncompliance - then fine)

2. Practicing w/inactive or delinquent license under 3 months (over 3 months is 1,000 fine)

3. Maintaining professional associations with person who may be in violation of a chapter rule
What 4 citations result in a $100 fine?
1. Failing to display license (490.012)

2. Issue a worthless check to the board (490.009a)

3. Failure to report to board in writing after convicted of a crime (over 30 days but before 91 is $100 - 456.072w)

4. Failing to identify type of license (456.072t)
Citations: What sort of penalty is imposed for failing to notify the board of current mailing address and place of practice after 60 days (but w/in 90)?
$250 (if after 45 days but b/f 60 days will just receive a notice of non-compliance b/f any disciplinary action)
What happens if you fail to provide documentaion of CE on request?
$50 per credit hour missing (if provided) - $3,000 & reprimand if not provided
What 3 things are considered "minor" midconduct and notice of compliance is given b/f any disciplinary action?
1. Failing to include "licensed psych" in advertisment (490.009d & 490.012b)

2. Failing to respond w/in 30 days to written communication from dept or making available relevant records (490.009o)

3. Failing to notify current mailing address & place of practice after 45 days but b/f 60 (456.035)
39.201 Mandatory reporting for child abuse by ________

Unless ______________

_______________
ANY person (but certain professions must provide their name)

Unless: professional is hired for purpose of tx abused - does not have to report it again

Unless child is currently being investigated by dept and resonable cause to believe information is already known by the department
39.201 Mandatory reporting for children
1. timing
2. if abuse is by someone other than legal guardian
3. If it occured out of state
4. If impregnation occurs to someone under 16
1. Report must be made IMMEDIATELY to hotline (toll free #, fax, or web-based), person will deterimine if it meets statuatory definition

2. If abuse is not by legal guardian then report/call is transfered electronically to appropriate county sheriff's office

3. If it occured out of state and perp and child live out of state hotline will not accept report, they will transfer the info to the appropriate state

4. Impregnation under 16 by person 21+ - report must be made immediately to county sheriff. Does not apply to health care professional in instance where reporting would interfere with provision of medical services
39.201 cont....

5. Involving known juvenile offender, age of offender...

6. surrended newborns

7. In case of death
5. IF offender is under 12yr old transfer info to sherrif dept and conduce assessment and assist family w/app services (send report to Sheriff w/in 48 hours)

IF 13+ - transfer info to sheriff and send report w/in 48 hours

6. If no indication of abuse other than leaving at HOSPITAL, EMERGENCY STATION, or FIRE STATION - report will not be considered abuse or abandonment (if indicates abuse/neglect beyond being left then will be considered abuse)

7. Any suspicion death was a result of abuse must be reported to the medical examiner
What is the reason for a CENTRAL abuse hotline (6) ?
So the report can be given at any hour so can:
1. immediately identify & locate prior records

2. Monitor & evaluate program effectiveness

3. Track critical steps in investigation

4. Maintain statistical reports

5. serve as a resource for evaluation, planning of prevention

6. Share info w/other states
Legigislative intent 394.453 is to evaluate, research, plan and recommend programs designed to:
reduce the occurrence, severity, duration, and disabling aspects of mental, emotional, and behavioral disorders.
The "Florida Mental Health Act" is also known as:
The Baker Act
What is "express and informed consent"?
consent voluntarily given in writing by a competent person after sufficient explanation and disclosure is given to enable them to make a willful decision w/out force or fraud. (Over 18 yrs of age)
What does "incapacitated: mean?
Person has been adjudicated incapacitated and guardian has been appointent.
A mobile service which provides an independent examination for voluntary admissions and a range of supplemental onsite services to persons with a mental illness in a residential setting such as a nursing home.
Mental Health overlay program
Mental illness IS NOT which of the following (pick all that apply):
a. impairment of mental or emotinal process
b. retardation
c. developmental disability
d. substance impairment
e. antisocial behavior
Is not b) retardation, c) a developmental disability, d) substance impairment, or e) antisocial behavior


MENTAL ILLNESS IS A: impairment of mental or emotional process that exercise conscious control of one's actions or the ability to perceive or understand reality
A "representative"
a. Signs all legal documents for the patient
b. Coordinates treatment
c. receives notice of proceedings while a patient is being held
d. all of the above
c. is selected to receive notice of proceedings during the time a patient is held in or admitted to a receiving or treatment facility
What are 4 exemptions from fingerprinting/screening process UNLESS tx facility is maily tx minors?
1. Students in health care profession who are interning (where purpose of facility is NOT tx of minors)
2. Those who have less than 15 hours per week direct contact
3. volunteer who assists for less than 40 hours per month
4. teachers who have been fingerprinted in past and have not been unemployed for over 90 days
The penalty for bringing alcohol, controlled substances, or weapons onto hospital is:
3rd degree felony
394.459 RIGHT TO TREATMENT

1. A person shall not be delayed at a receiving facility....

2. ________ tx be utilized

3. Every person that remains at a receiving or tx facility over 12 hours should be given _____

4. Every pt in a facility shall be afforded the opportunity to:

5. ___________ after admission each pt should have a individualized tx plan
1. because of an inability to pay BUT every reasonaly effort to collect can be made

2. Least restrictive

3. a physical examination w/in 24 hours

4. to participate in activities designed to enhance self-image and beneficial effects of other tx

5. Not more than 5 days (they should have an opportunity to assist w/plan)
If tx facility receives a petition for habeas corpus shall file petition _________
on next court working day
394.4593 Sexual misconduct means:

Penalty:

Does not apply if:
Any sexual activity b/w employee and pt regardless of the consent of the pt

Penalty: felony of the second degree

DOES NOT APPLY IF MARRIED TO PT or has no reason to believe person is receiving services
Someone who witnesses sexual misconduct and does not report it OR threatens person to alter report commits:
misdemeanor of the first degree
Psychotherapist -patient priviledge can be claimed by? (4)
1. Patient or their attorney

2. Guardian or conservator

3. Personal representative of deceased patient

4. psychotherapist on behalf of the patient
Privilege can NOT be claimed when? (3)
1. communication is relevant to issues in proceedings to compel hospitalization

2. communication is made in course of court-ordered exam

3. Communication in which condition is an element of patients claim or defense
There are 7 offenses that can be mediated. What are they?
1. Misleading advertisements

2. Misrepresenting credentials

3. Failing to explain nature & confidentiality of evaluation


4. Failing to provide copies which were paid for

5. allegations arising from a psych eval

6. failing to maintain in confidence a communication made by pt

7. making public statements that identify or damage research subjects
394.4597 INVOLUNTARY PT: If pt has no guardian & refuses to designate a representative then _____

In order of preference (7):
Facility shall select a representative

1. health care surrogate (if previously selected by pt)

2. pt spouse

3. Adult child of pt

4. parent of pt

5. adult next of kin

6. appropriate local advocacy council
Who can NOT be appointed as representative?
Licensed professional providing services

department employee

person providing other services in professional, business, or creditor capacity
A guardian advocate will be appointed when:
pt is incompetent to consent to tx

(if pt has not previously selected health care surrogate selection is made in same order as representative)
A guardian advocate is discharged when:
pt is discharged from involuntary outpt or involuntary inpt OR changed to voluntary status
Altering or falsifying clinical records
misdemeanor of the second degree
394.462 Transportation - the designated law enforcement agency may decline to transport the person only if:
1. county contracted annually w/emergency medical transport AND

2. transport service agree that law enforcement is not necessary for safety of person or others
394.462 Transportation - party responsible for pay for transport is _________
Can seek reimbursement in following order:
person receiving transport

reimbursement from:
1. insurance company

2. person receiving transport

3. financial settlement to injured party
394.463 Criteria for Involuntary examination:
1. Person refused voluntary exam

2. person is unable to determine themself why exam is necessary AND

3. w/out care or tx person will likely suffer neglect or refuse to care for self which poses threat to well-being OR
person will likely cause serious bodily harm to self or other
394.463 Involuntary examination - After 72 hours one of the following 3 actions must be taken:
1. Patient shall be released (unless they are charged w/a crime)

2. Pt asked to give express and informed consent to placement as a voluntary pt and admitted as such

OR

3. A petition for involuntary placement shall be filed in the circuit court
394.4655 9 Criteria for Involuntary outpatient placement
1. person is 18yr or older

2. person has a mental illness

3. person is unlikely to survive safely in community w/out supervision

4. person has a hx of lack of compliance w/tx

5. person has at least 2x in 36 mo been involuntarily admitted OR engaged in or attempted
one or more acts of serious violent to self or others

6. person b/c of MI is unlikely to voluntarily participate in recommended tx

7. in view of hx and current behavior involuntary placement is necessary to prevent relapse

8. The person will benefit from involuntary outpt

AND

9. All less restrictive alternatives are inappropriate or unavailable
394.469 Discharge of involuntary pt
1. At time when pt no longer meets criteria administrator shall d/c the pt

or

2. transfer to voluntary status

or

3. place on convalescent status

** Notice of discharge or transfer shall be given
394.4784 Minor access to outpatient crisis:
Age 13+ has right to request, consent to, and receive diagnostic & evaluative services

Services shall not exceed 2 visits during any 1-week period b/f parental consent is required

Shal not include medications or somatic tx

Parent is not liable for payment unless they participate

Provision of services is on a voluntary placement
What is "charity care"?
family income for 12mo is equal or below 150% of current federal poverty guideline (or hosp charges exceed 25% of family income)
490.012 violations - use of title (1a-e, 2)
a - b. shall not hold self out as "psychologist" or "school psychologist" unless have active license

c. shall not call test "psychological" unless have valid license

d. shall not use "psychotherapy" unless have valid license

e. Shall not use title that indicates licensure unless granted to them

2. display valid license & include in advertisments (citation for $100 for not displaying license)

violation = misdemeanor
490.014 exemptions to licensure
1. salaried employee of gov't agency, nonprofit organization

2. student studying profession related to chapter

3. certified school psych by dept of ed working in ed

4. Not a resident of the sate and not offering services for more than 5 days a mo AND licensed in another state

5. is a rabbi, priest, minister, or member of religion and in ministerial duties
Reapplication by person whose license has been revoked:
1. May not apply for at least 7 years

2. Will not accept unless person has complied w/any orders from board

3. Must meet requirements that apply at time of re-application
456.018 Penalty for theft or reproduction of an examination
theft in part or in whole = Felony 3rd degree
civil penalty for practicing w/out a license

criminal violations:
citation not to exceed 5,000

criminal:
3rd degree felony - over 12 mo
min 1 yr

2nd degree felony - results in "serious bodily injury". min 1 yr

1st degree misdemeaner - up to 12 mo (500 fine and 30 days)
What is a "fiduciary relationship"?
relationship based on the trust and confidence of the vulnerable adult in the caregiver, relative, household member, or other person entrusted w/use or management of the property or assests of the vulnerable adult (does not require formal declaration or court order to exist)
415.1034 Mandatory reporting of abuse (vulnerable adults) by?
Any person (including but not limited to):

1. Physician or personnel engaged in tx of vulnerable adult

2. health professional or mental health professional

3. practitioner who relies solely on spiritual means for healing

4. nursing home staff

5. state, county or law enforcement

6. Employee of dept of business and professional regulation conducting inspections of public lodging

7. Florida advocacy council member

8. Bank, savings, loan, employee
415.1036 Immunity for reporting abuse
employee can not be d/c b/c of reporting neglect - if fired has civil cause for compensatory damages
Use of title "sex therapist"
Minimum 150 hours of education in specific area of sex therapy
Practicing juvenile sex offender tx:
Licensed & have coursework in child behavior & development, child psychopathology, & assessment/tx

+ 30 hours training in juvenile sex offender assessment & tx
To practice hypnosis:
10 hours of education