Mandated Reporting
True or False: Psychologists are mandated reporters.
True!
Section 5101.63/Section 2151.421/Section 5123.6/Section 2305.51
How many hours are required for licensure in the state of Ohio?
3,600 hours
According to Ohio law, describe the conditions in which you would consider hospitalization of a client.
Ohio Revised Code (ORC) 5122.01(B)
represents a substantial risk of physical harm to self as manifested by evidence of threats of, or attempts at, suicide or serious self-inflicted bodily harm;
represents a substantial risk of physical harm to others as manifested by evidence of recent homicidal or other violent behavior, evidence of recent threats that place another in reasonable fear of violent behavior and serious physical harm, or other evidence of present dangerousness;
represents a substantial and immediate risk of serious physical impairment or injury to self as manifested by evidence that the person is unable to provide
for and is not providing for the person’s basic physical needs because of the person’s mental illness and that appropriate provision for those needs cannot be made immediately available in the community; or
would benefit from treatment in a hospital for the person’s mental illness and is in need of such treatment as manifested by evidence of behavior that creates a grave and imminent risk to substantial rights of others or the person.
If there is a conflict between APA Record Keeping Guidelines and Ohio Laws, which protocol should you follow? (Cite where you found this information)
Ohio Law supersedes APA Guidelines
(APA Guidelines--Interaction between Laws and Guidelines Section)
What is legal privilege?
Rule 4757-5-02// It gives the client the right to prevent psychologists from disclosing confidential information about them in court/ to be used against them.
True or False: As a psychologist you must report instances of animal abuse.
FALSE!
True or False: The hours required for licensure include your internship and practicum hours.
True!
After the first 400 hours of your practicum training, all your practice and internship (2000) hours count towards your 3600 Hours
True or False: If you, your client, and your supervisor decide hospitalization is the best route, that automatically means they will have a minimum 72-hour hold.
False, it just means they will go to get assessed to see if a hospital stay is warranted
What information is required to be in your clients file according to APA? What about Ohio Law?
APA Guideline 2 Content of Records
Information in the client's file:
For each substantive contact with a client:
OHIO Administrative Code 4732-17-01 General rules of professional conduct
Your supervisor is a licensed psychologist in the State of Ohio and has been granted the authority to practice interjurisdictional telepsychology (APIT) through PSYPACT. As a supervisee on that psychologist’s license, does that mean you can to
No
Who are the three classes of individuals that fall under mandated reporting laws?
Children, elderly, disabled and/or vulnerable individuals.
Section 5101.63/Section 2151.421/Section 5123.6
What do you need to do in the State of Ohio to become a Licensed Psychologist? (Hint: what tests do you need to take, hours needed?)
A doctorate in clinical or counseling psychology
3600 hours of supervised clinical practice
To apply, you must admit to the Ohio State Board:
A client has just reported that they committed a serious felony. Can you disclose this information to law enforcement?
NO! ORC 2921.22 (G)
(A) No person, knowing that a felony has been or is being committed, shall knowingly fail to report such information to law enforcement authorities.
(G) Divisions (A) and (D) of this section do not require disclosure of information, when any of the following applies:
(1) The information is privileged by reason of the relationship between...licensed psychologist or and client;
What are considerations you should have when disposing of client records? What guideline of record keeping should you consider?
Guideline 13 Disposition of Records: The psychologist plans for transfer of records to ensure continuity of treatment and appropriate access to records when the psychologist is no longer in direct control, and in planning for record disposal, the psychologist endeavors to employ methods that preserve confidentiality and prevent recovery.
Transporting docs? electronic?
What is the difference between legal privilege and confidentiality?
Confidentiality is the responsibility to protect information that is disclosed, whereas privilege is the legal ruling that prevents that information from being disclosed in court
Does child neglect fall under the mandated reporting laws and statutes?
Yes! Section 2151.421
Neglect defined as:
(a) Who is abandoned by the child's parents, guardian, or custodian.
(b) Who lacks adequate parental care because of the faults or habits of the child's parents, guardian, or custodian.
(c) Whose parents, guardian, or custodian neglects the child or refuses to provide proper or necessary subsistence, education, medical or surgical care or treatment, or other care necessary for the child's health, morals, or well being.
(d) Whose parents, guardian, or custodian neglects the child or refuses to provide the special care made necessary by the child's mental condition.
(e) Whose parents, legal guardian, or custodian have placed or attempted to place the child in violation of sections 5103.16 and 5103.17 of the Revised Code.
(f) Who, because of the omission of the child's parents, guardian, or custodian, suffers physical or mental injury harming or threatening to harm the child's health or welfare.
(g) Who is subject to out-of-home care child neglect.
(h) Nothing in Chapter 2151. of the Revised Code shall be construed as subjecting a parent, guardian, or custodian of a child to criminal liability when soley in the practice of religious beliefs, the parent, guardian, or custodian fails to provide adequate medical or surgical care or treatment for the child.
Once you are licensed, how often do you register your license and CE info? How many CE credits do you need?
Every 2 years
23 hours of CEs
What is Duty to Protect in Ohio? List the four actions that must be considered in a Duty to Protect scenario.
OHIO Admin Code Ohio Rule 5122-3-12
(1) Any mental health professional to whom an explicit threat of serious physical harm to another person or persons or identifiable structure is made, or who is made aware by a knowledgeable person of an explicit threat made by a patient, will initiate the duty to protect process.
Hospitalize on Emergency Basis
Hospitalize Voluntarily/ Involuntarily
Treatment plan with client (reviewed by additional expert)
Warn law enforcement (identity of client and victim)/ or warn victim
Documentation--Duty To Protect Worksheet
If you work in an organization (e.g., hospital, school, community practice), can other providers see your psychotherapy notes? What does HIPAA say about storing psychotherapy notes?
NO! Guideline 10: Record Keeping in Organizational Settings
Unless..ROI
HIPAA Privacy Rule: psychotherapy notes must be kept separate from the rest of client the record and only the psychologist who took the notes can access them.
Can you see a minor without parental consent?
YES!
ORC 5122.04: (A) Upon the request of a minor fourteen years of age or older, a mental health professional may provide outpatient mental health services, excluding the use of medication, without the consent or knowledge of the minor's parent or guardian.
(B) Services provided to a minor pursuant to this section shall be limited to not more than six sessions or thirty days of services whichever occurs sooner. After the sixth session or thirty days of services the mental health professional shall terminate the services or, with the consent of the minor, notify the parent, or guardian, to obtain consent to provide further outpatient services.
Who do you report concerns of child abuse to as a mandated reported in Cuyahoga county?
Call the 24-hour Child Abuse Hotline at 216-696-KIDS (5437).
Can also file a report online
Email Protecting-Cuyahoga-Kids@jfs.ohio.gov.
In-person referrals can be made at the Jane Edna Hunter Building, 3955 Euclid Avenue, Cleveland, OH 44115
Is Ohio a Part of PSYPACT? And what is PSYPACT anyway???
If you are licensed in Ohio, and have been granted authority to practice telehealth through PSYPACT, you can practice telehealth with clients from any state within PSYPACT.
Can you be held liable if your client engages in violence against someone?
ORC 2305.51--YES!
A mental health professional or mental health organization may be held liable in damages in a civil action, or may be made subject to disciplinary action by an entity with licensing or other regulatory authority over the professional or organization, for serious physical harm or death resulting from failing to predict, warn of, or take precautions to provide protection from the violent behavior of a mental health client or patient, only if the client or patient or a knowledgeable person has communicated to the professional or organization an explicit threat of inflicting imminent and serious physical harm to or causing the death of one or more clearly identifiable potential victims, the professional or organization has reason to believe that the client or patient has the intent and ability to carry out the threat, and the professional or organization fails to take one or more of the following actions in a timely manner: (1) Hospitalize on emergency basis, (2) involuntarily/voluntary hospitalized, (3) Documented Treatment Plan w/ Second Opinion (4) Communicate to Law enforcement and/or victims
NOT LIABLE FOR CONFIDENTIALITY BREACH
How long must you keep client records? Does it matter if they are a minor?
7 years for adults!
Guideline 7 Retention of Records: Psychologists consider retaining full records until 7 years after the last date of service delivery for adults or until 3 years after a minor reaches the age of majority, whichever is later.
OAC 4732-17-01 (B) Negligence: (7) Maintenance and retention of records: To meet the requirements of these rules, but not necessarily for other legal purposes, the license holder shall ensure that all contents in the professional record are maintained for a period of not less than seven years after the last date of service rendered, or not less than the length of time required by other regulations if that is longer. A license holder shall retain records documenting services rendered to minors for not less than two years after the minor has reached the age of majority or for seven years after the last date of service, whichever is longer.
Your client comes to you and lets you know that there have been instances of domestic violence in their current relationship with their live-in partner. Thinking from a legal perspective, what would be the steps you would take after your session with the client?
Note abuse disclosure in records/case notes; inquire with client if they would like assistance/domestic violence resources/discuss any plans for leaving (in context of safety), inquire if there are children involved and if so, are they witnessing abuse or being abused themselves
Section 2921.22
(F)(1) Any doctor of medicine or osteopathic medicine, hospital intern or resident, nurse, psychologist, social worker, independent social worker, social work assistant, licensed professional clinical counselor, licensed professional counselor, independent marriage and family therapist, or marriage and family therapist who knows or has reasonable cause to believe that a patient or client has been the victim of domestic violence, as defined in section 3113.31 of the Revised Code, shall note that knowledge or belief and the basis for it in the patient's or client's records.
(2) Notwithstanding section 4731.22 of the Revised Code, the physician-patient privilege or advanced practice registered nurse-patient privilege shall not be a ground for excluding any information regarding the report containing the knowledge or belief noted under division (F)(1) of this section, and the information may be admitted as evidence in accordance with the Rules of Evidence.
Provide client with resources (shelters, call centers, etc.)