Podcast
Questions and Answers
What is a requirement for a person alleged to have an intellectual disability prior to court proceedings?
What is a requirement for a person alleged to have an intellectual disability prior to court proceedings?
- Only a social worker can report to the Court.
- No formal examination is required.
- An examination by a clinical team is necessary. (correct)
- A psychologist must provide initial treatment.
Which professionals must be part of the clinical team assessing intellectual disability?
Which professionals must be part of the clinical team assessing intellectual disability?
- Licensed counselor, psychiatrist, and a social worker.
- Clinical psychologist, nurse, and legal consultant.
- Physician, licensed psychologist, and a social worker. (correct)
- Physician, mental health assistant, and a case manager.
What is not included in the practice of psychology according to the Psychology Licensing Law?
What is not included in the practice of psychology according to the Psychology Licensing Law?
- Provision of psychological consultation to organizations.
- Rendering professional services for a fee.
- Conducting psychological research.
- Teaching psychology. (correct)
What legal provision outlines the treatment of committed persons with antipsychotic medications?
What legal provision outlines the treatment of committed persons with antipsychotic medications?
What is a critical component of reporting for the clinical team examining an individual alleged to have an intellectual disability?
What is a critical component of reporting for the clinical team examining an individual alleged to have an intellectual disability?
Which process must be followed before administering antipsychotic medications to committed individuals?
Which process must be followed before administering antipsychotic medications to committed individuals?
Under the Psychology Licensing Law, which of the following practices is specifically exempt from the definition of practicing psychology?
Under the Psychology Licensing Law, which of the following practices is specifically exempt from the definition of practicing psychology?
Which is not a requirement of the clinical team when reporting findings about an alleged intellectual disability?
Which is not a requirement of the clinical team when reporting findings about an alleged intellectual disability?
What type of contract restriction is prohibited according to the content?
What type of contract restriction is prohibited according to the content?
In a court proceeding, what privilege do patients have concerning their communications?
In a court proceeding, what privilege do patients have concerning their communications?
Which type of therapy is included under the privilege of communication?
Which type of therapy is included under the privilege of communication?
What happens to the rest of a contract if a restriction on practice is deemed void?
What happens to the rest of a contract if a restriction on practice is deemed void?
What is the nature of a covenant that restricts a psychologist from practicing after termination?
What is the nature of a covenant that restricts a psychologist from practicing after termination?
What aspect of healthcare provider obligations is highlighted with respect to patient communications?
What aspect of healthcare provider obligations is highlighted with respect to patient communications?
Under what circumstance can a patient prevent disclosure of communications?
Under what circumstance can a patient prevent disclosure of communications?
What do contractual restrictions on the right to practice typically refer to in psychology?
What do contractual restrictions on the right to practice typically refer to in psychology?
What is the penalty for failing to report serious bodily injury or death under Chapter 119, section 51A?
What is the penalty for failing to report serious bodily injury or death under Chapter 119, section 51A?
What consequence faces someone who files a willfully frivolous report?
What consequence faces someone who files a willfully frivolous report?
Which statement about the reporting obligations of clergy is accurate according to child protection laws?
Which statement about the reporting obligations of clergy is accurate according to child protection laws?
In terms of privilege and confidentiality, what is a legal obligation of healthcare providers when they suspect abuse?
In terms of privilege and confidentiality, what is a legal obligation of healthcare providers when they suspect abuse?
What is the primary purpose of mandated reporting laws in the context of child protection?
What is the primary purpose of mandated reporting laws in the context of child protection?
How does contract law in psychology pertain to treatment agreements with clients?
How does contract law in psychology pertain to treatment agreements with clients?
Which aspect of divorce and custody regulations is often debated in child custody cases?
Which aspect of divorce and custody regulations is often debated in child custody cases?
What is a typical legal obligation of psychologists when assessing parents in custody cases?
What is a typical legal obligation of psychologists when assessing parents in custody cases?
What is the maximum number of times the Examination for Professional Practice in Psychology (EPPP) can be taken within a year?
What is the maximum number of times the Examination for Professional Practice in Psychology (EPPP) can be taken within a year?
How many hours of continuing education (CE) must a licensed psychologist complete every two years?
How many hours of continuing education (CE) must a licensed psychologist complete every two years?
What is the required supervision to service ratio when providing supervised psychological services?
What is the required supervision to service ratio when providing supervised psychological services?
What type of continuing education content is acceptable for documenting CE hours?
What type of continuing education content is acceptable for documenting CE hours?
What is a consequence of failing to comply with continuing education requirements for psychologists?
What is a consequence of failing to comply with continuing education requirements for psychologists?
What is the nature of documentation required by psychologists for continuing education?
What is the nature of documentation required by psychologists for continuing education?
Which category of publications can count for CE hours in the form of published work?
Which category of publications can count for CE hours in the form of published work?
Under what circumstances can a judge decide to disclose a patient's communication with a psychotherapist?
Under what circumstances can a judge decide to disclose a patient's communication with a psychotherapist?
In a child custody case, when can a judge require the disclosure of a psychotherapist's communication?
In a child custody case, when can a judge require the disclosure of a psychotherapist's communication?
What is a situation in which a psychotherapist's communication can be disclosed to protect their interests?
What is a situation in which a psychotherapist's communication can be disclosed to protect their interests?
What defines a 'Qualified psychologist' according to the guidelines?
What defines a 'Qualified psychologist' according to the guidelines?
Which of the following is NOT an exception to disclosure of privilege?
Which of the following is NOT an exception to disclosure of privilege?
What professionals are specifically required to be part of the clinical team for evaluating a person with an intellectual disability?
What professionals are specifically required to be part of the clinical team for evaluating a person with an intellectual disability?
What is one of the key components that must be included in the report submitted to the court by the clinical team?
What is one of the key components that must be included in the report submitted to the court by the clinical team?
Which statement correctly describes a limitation in the practice of psychology under the Psychology Licensing Law?
Which statement correctly describes a limitation in the practice of psychology under the Psychology Licensing Law?
What is necessary before the administration of antipsychotic medications to committed individuals?
What is necessary before the administration of antipsychotic medications to committed individuals?
In the context of evaluating individuals with an intellectual disability, which aspect is crucial for the clinical team to report to the court?
In the context of evaluating individuals with an intellectual disability, which aspect is crucial for the clinical team to report to the court?
Under the Psychology Licensing Law, which activity is explicitly excluded from the definition of practicing psychology?
Under the Psychology Licensing Law, which activity is explicitly excluded from the definition of practicing psychology?
What must be established regarding the qualifications of the clinical team evaluating an individual with an intellectual disability?
What must be established regarding the qualifications of the clinical team evaluating an individual with an intellectual disability?
Which of the following statements about antipsychotic medication treatment is incorrect?
Which of the following statements about antipsychotic medication treatment is incorrect?
What crucial element should the court receive from the clinical team regarding an alleged intellectual disability?
What crucial element should the court receive from the clinical team regarding an alleged intellectual disability?
What is the legal status of covenants not to compete for psychologists under Chapter 112?
What is the legal status of covenants not to compete for psychologists under Chapter 112?
Which communication is protected under the privilege for patients in therapy?
Which communication is protected under the privilege for patients in therapy?
If a contractual restriction on a psychologist's right to practice is deemed void, what happens to the rest of the contract?
If a contractual restriction on a psychologist's right to practice is deemed void, what happens to the rest of the contract?
In which situations does a patient retain the privilege to prevent disclosures of communication?
In which situations does a patient retain the privilege to prevent disclosures of communication?
How does Chapter 112 define a contract or agreement that restricts a psychologist's practice?
How does Chapter 112 define a contract or agreement that restricts a psychologist's practice?
What type of professional relationship does the restriction on practice apply to?
What type of professional relationship does the restriction on practice apply to?
What is one key aspect of the privilege that patients have in therapeutic settings?
What is one key aspect of the privilege that patients have in therapeutic settings?
What is the consequence of including a void covenants not to compete in a contract with a psychologist?
What is the consequence of including a void covenants not to compete in a contract with a psychologist?
Which of the following is NOT protected under the privilege of communication in therapy?
Which of the following is NOT protected under the privilege of communication in therapy?
What limitations apply to the term 'privileged communications' in the context of psychotherapy?
What limitations apply to the term 'privileged communications' in the context of psychotherapy?
What defines a 'Likelihood of serious harm' to oneself?
What defines a 'Likelihood of serious harm' to oneself?
Which demonstrates a 'Likelihood of serious harm' to others?
Which demonstrates a 'Likelihood of serious harm' to others?
Which professionals are authorized to restrain and authorize hospitalization for dangerous persons?
Which professionals are authorized to restrain and authorize hospitalization for dangerous persons?
What must be demonstrated to apply for hospitalization due to mental illness?
What must be demonstrated to apply for hospitalization due to mental illness?
Which aspect describes serious physical impairment or injury risk due to judgment affected by mental illness?
Which aspect describes serious physical impairment or injury risk due to judgment affected by mental illness?
What is a primary consideration for determining if a restraint is needed for a dangerous person?
What is a primary consideration for determining if a restraint is needed for a dangerous person?
In what context is the term 'reasonable precautions' relevant?
In what context is the term 'reasonable precautions' relevant?
What is necessary for an individual to be considered for emergency hospitalization?
What is necessary for an individual to be considered for emergency hospitalization?
Which situation qualifies under the definition of 'serious bodily harm'?
Which situation qualifies under the definition of 'serious bodily harm'?
What indicates a valid reason for mental health intervention?
What indicates a valid reason for mental health intervention?
Flashcards
Contractual restrictions on practice
Contractual restrictions on practice
Agreements that limit a psychologist's ability to practice in certain areas or for a specific time after ending a professional relationship are void and unenforceable.
Covenants Not to Compete
Covenants Not to Compete
Restrictions in contracts that prevent someone from working in a certain area after leaving a job or partnership. These restrictions are illegal for psychologists.
Partner/Employment Agreements
Partner/Employment Agreements
Contracts or agreements outlining the terms of partnership or employment relationships for psychologists.
Professional Relationship
Professional Relationship
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Patient's Privilege
Patient's Privilege
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Marital/Family Therapy
Marital/Family Therapy
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Privileged Communication
Privileged Communication
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Psychotherapist
Psychotherapist
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Intellectual Disability Evaluation
Intellectual Disability Evaluation
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Antipsychotic Medication Treatment
Antipsychotic Medication Treatment
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Psychology Licensing Law
Psychology Licensing Law
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KOOCHER (Reference)
KOOCHER (Reference)
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Clinical Team Members
Clinical Team Members
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Psychological Treatment of Committed Persons
Psychological Treatment of Committed Persons
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MGL Chapter 112
MGL Chapter 112
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Practice of Psychology (Exclusion)
Practice of Psychology (Exclusion)
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Mass. Child Abuse Reporting
Mass. Child Abuse Reporting
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Penalty for Non-Reporting (Child Abuse)
Penalty for Non-Reporting (Child Abuse)
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Willful False Report (Child Abuse)
Willful False Report (Child Abuse)
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Clergy Reporting (Child Abuse)
Clergy Reporting (Child Abuse)
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Reporting to Law Enforcement (Child Death/Abuse)
Reporting to Law Enforcement (Child Death/Abuse)
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Mandated Reporting
Mandated Reporting
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Basic Reporting
Basic Reporting
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Fundamentals of Reporting
Fundamentals of Reporting
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Psychology Licensing Law
Psychology Licensing Law
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EPPP Exam
EPPP Exam
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Supervision Ratio
Supervision Ratio
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Continuing Education (CE)
Continuing Education (CE)
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KOOCHER Reference
KOOCHER Reference
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Supervision Credit
Supervision Credit
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Licensing Board Regulations
Licensing Board Regulations
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Intellectual Disability Evaluation
Intellectual Disability Evaluation
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Antipsychotic Medication Treatment
Antipsychotic Medication Treatment
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Psychology Licensing Law (Exclusion)
Psychology Licensing Law (Exclusion)
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KOOCHER (Reference)
KOOCHER (Reference)
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Clinical Team Members
Clinical Team Members
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MGL Chapter 112
MGL Chapter 112
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Practice of Psychology (Definition)
Practice of Psychology (Definition)
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Psychological Treatment of Committed Persons
Psychological Treatment of Committed Persons
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Psychology Licensing Law
Psychology Licensing Law
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Likelihood of Serious Harm
Likelihood of Serious Harm
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Duty to Warn
Duty to Warn
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Emergency Restraint
Emergency Restraint
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Hospitalization Application
Hospitalization Application
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Qualified Health Provider
Qualified Health Provider
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Suicide Threat
Suicide Threat
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Homicidal Behavior
Homicidal Behavior
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Mental Illness Risk
Mental Illness Risk
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Serious Bodily Harm
Serious Bodily Harm
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Reasonable Precautions
Reasonable Precautions
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Exceptions to Privilege (Psychology)
Exceptions to Privilege (Psychology)
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Child Custody Exception (Psychology)
Child Custody Exception (Psychology)
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Patient-Psychotherapist Disputes
Patient-Psychotherapist Disputes
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Qualified Psychologist (Definition)
Qualified Psychologist (Definition)
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Department of Mental Health Psychology Roles
Department of Mental Health Psychology Roles
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Contractual Restrictions (Psychology)
Contractual Restrictions (Psychology)
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Patient Privilege
Patient Privilege
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Marital/Family Therapy
Marital/Family Therapy
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Privileged Communications (Psychology)
Privileged Communications (Psychology)
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Psychology Practice (Exceptions)
Psychology Practice (Exceptions)
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KOOCHER (Reference)
KOOCHER (Reference)
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Chapter 112, Section 129B
Chapter 112, Section 129B
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Chapter 233, Section 20B
Chapter 233, Section 20B
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Covenants Not to Compete (Psychology)
Covenants Not to Compete (Psychology)
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Professional Relationship (Psychology)
Professional Relationship (Psychology)
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Study Notes
Massachusetts Psychology Jurisprudence Exam Study Guide
- This guide is a study aid for key portions of Massachusetts laws and regulations related to psychology, as found on the Massachusetts Board of Registration of Psychologists website.
- It is not a substitute for reading official documents.
Why a Study Guide?
- The Psychology Jurisprudence Book provides detailed statutes and regulations.
- Some details are specific to state agencies and not directly applicable to practitioners.
- Some legal requirements become less important after licensing.
Main Topics
- Protection of Vulnerable Persons and Mandated Reporting (Elders, Disabled, Children)
- Psychology Licensing Law (General Provisions)
- Confidential Communications
- Guardianship and Conservatorship
- Licensing Regulations
- Forensic Qualifications
General Provisions of Mandated Reporting
- Psychologists are mandated reporters when believing a protected person has experienced physical or emotional abuse, or death.
- Mandated reporters have protection from defamation when reporting in good faith.
- Retaliation by employers against reporters is prohibited. Penalties for retaliation include fines and possible jail time. Employees who file a report can recover monetary damages and legal fees.
- Reasonable cause to believe abuse occurred is a threshold for reporting.
Basics of Reporting
- Elders (MGL 19A): Protects those 60+. Financial exploitation, self-care failures are important extras to consider when reporting. No exemption for religious reasons.
- Disabled Persons (MGL 19C): Covers 18-59 year olds with intellectual or physical disabilities. Covers mental or physical disability and dependence on others for daily living needs. Includes added protections for sexual activity or religious exceptions and certain situations based on privacy rights.
- Children (MGL 119 Section 51A): Protects individuals under 18. Covers abuse, neglect and sexual abuse; frivolous or wrongful reporting of child abuse can result in fines and jail time.
Fundamentals of Reporting
- Immediate verbal and written report within 48 hours to the designated agency.
- Report details must include name, address, nature of abuse, suspected perpetrator (if known).
- Written report typically within 48 hours.
- For disabled persons, some privileged communication rights may prevent release of psychologist's records after reporting.
Chapter 119, section 51A - Child Abuse Reporting
- Failure to report serious child abuse can result in fines or jail time (up to $5,000 and jail time).
- Willful frivolous child abuse report can result in fines and jail time (up to $2,000 and 6 months in jail).
- Clergy is not exempt from the reporting requirements.
- Death or sexual abuse is reported to law enforcement and district attorney by the DCF (Department of Children and Families).
Other Elements of Chapter 119 Protection of Children
- Children in court proceedings and placement policies
- Children in need of service petitions (runaways or out-of-control)
- Grandparents seeking visitation via court petition.
Divorce and Child Custody (MGL Chapter 208)
- Psychologists may provide court ordered psychological assessments related to divorce and child custody.
- Evidence of past or present abuse is considered in family court as a factor in determining the best interest of a child.
- Abuse is defined as attempting to cause or causing bodily injury.
Confidentiality and Privileged Communications and Dangerousness (MGL Chapters 112, 12CC, 129A, and 233)
- All communications between psychologist and patient are confidential.
- Confidentiality limitations need to be outlined at the start of services.
- Disclosures are permitted (with patient consent or if needed to protect others) when a patient presents a clear and present danger to themselves or others.
- Patients who communicate a specific threat of serious bodily injury or death to someone, who have the ability to carry out the threat and the psychologist fails to take precautions have a duty to warn that person.
Chapter 112, Section 12CC - Health Care Providers, Inspection of Records
- Patients or authorized representatives can inspect records or request a copy.
- Psychologists can determine whether to provide the full record or a summary, if in professional judgment the whole record negatively affects the patient's well-being.
Chapter 112, Section 129A - Confidential Communications
- All communications between psychologists and patients are confidential.
Reasonable Precautions (Tarasoff-like situation)
- Psychologists are obligated to take reasonable precautions (like notifying authorities) if a patient communicates a credible threat of harm or violence
- Psychologists are not required to take actions that might endanger them or increase the danger to any potential victims.
Contractual Restrictions on Right to Practice
- Covenants that restrict a psychologist's right to practice after termination of a relationship are prohibited.
Chapter 233, section 20B - Privileged Communications
- In court proceedings, patients have the right to refuse disclosure of communications to a psychotherapist and can prevent others from revealing these communications.
- This applies to marital, family, or consultation therapy sessions.
Exceptions to Privilege
- Specific circumstances (e.g., the patient needs hospitalization, a threat to self or others) permit disclosure of confidential information.
Department of Mental Health – MGL Chapters 123 and 123A (sexually dangerous persons)
- Defines "qualified psychologist," "likelihood of serious harm".
- Licensed mental health professionals have a duty to warn potential victims if a patient communicates a credible threat of serious bodily injury or death. It is not required for a therapist to take any action that would expose them to increased danger.
- Exceptions apply if actions against victims would endanger the professional, or if an action would increase risk.
MGL 123, Section 38B - Duty to warn potential victims
- Duty to warn and protect potential victims.
- Threat to kill/seriously injure and ability to carry out.
- Known history of physical violence by the patient
Reasonable Precautions
- Communicate threats to victims or authorities
- Notify law enforcement of vicinity where patient or victim resides.
- Arrange for voluntary hospitalization
- Initiate involuntary hospitalization proceedings.
Section 12(a) Emergency Restraint
- Any physician, psychologist or other qualified social worker can assess whether a patient needs hospitalization.
- If reason to believe failure to hospitalize may lead to harm, can authorize restraint and hospitalization for a 3-day period.
MGL 123A (Sexually Dangerous Persons)
- Defines "mental abnormality", “personality disorder”.
- Provides criteria for commitment of sexually dangerous persons
Nemansket Correctional Treatment Center
- Criteria for post-sentence confinement of sexually dangerous persons.
Guardianship and Conservatorship (MGL Chapter 190B)
- Court-appointed guardians include guardians ad litem and next friends for those with disabilities.
- Definitions of "conservator", "guardian", and "guardian ad litem".
- Provides criteria for assessing candidacy for guardianship or conservatorship.
Medical Certificates (Chapter 190B)
- Medical certificates for those with intellectual disabilities must include specific elements and signed by a physician/licensed psychologist. Team of professionals examining.
Antipsychotic Medications
- Patients can be legally mandated to receive antipsychotic medications through court order, depending on circumstances and ability to be treated for their condition.
Psychology Licensing Law (General Provisions - MGL Chapter 112 sections 118-129)
- Definitions ("psychologist", "rendering of services").
- Exemptions and use of the title "psychologist" or "health service provider certification"
Licensing Board Regulations (251 CMR)
- Post-licensing obligations.
Examinations (EPPP & Jurisprudence Exam)
- EPPP and Jurisprudence examination information and frequency restrictions.
Evaluation & Verification of CE (Continuing Education)
- Requirements, format, documentation.
Forensic Psychologist Qualifications (104 CMR)
- Qualifications for designating forensic psychologists (DFPs),
- Required training, experience, and examinations
- Responsibilities and evaluation requirements for patients.
Summary
- The summary includes areas in the book that are most important.
Disclaimer
- The study guide was not developed by, nor is it endorsed by, the Massachusetts Board of Registration of Psychologists.
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Description
This study guide assists in understanding key Massachusetts laws and regulations pertinent to psychology, as outlined by the Board of Registration of Psychologists. It covers topics essential for practitioners, including mandated reporting, licensing laws, confidential communications, and guardianship issues. While helpful, it should not replace official legal documents.
