2022 Ohio Board of Psychology Oral Exam Prep Manual PDF

ORAL EXAMINATION PREPARATION MANUAL FOR OHIO BOARD OF PSYCHOLOGY LICENSURE CANDIDATES 2022 77 S. High St. Suite 1830 Columbus, Ohio 43215 (614) 466-8808 Fax (614) 728-7081 OHIO BOARD OF PSYCHOLOGY ORAL EXAM PREPARATION MANUAL 2022 PAGE 2 OF 38 TO: Psychologist and School Psychologist License...

ORAL EXAMINATION PREPARATION MANUAL FOR OHIO BOARD OF PSYCHOLOGY LICENSURE CANDIDATES 2022 77 S. High St. Suite 1830 Columbus, Ohio 43215 (614) 466-8808 Fax (614) 728-7081 OHIO BOARD OF PSYCHOLOGY ORAL EXAM PREPARATION MANUAL 2022 PAGE 2 OF 38 TO: Psychologist and School Psychologist License Candidates FROM: Ronald Ross, Ph.D. Executive Director DATE: March 2022 This manual has been prepared for your use and is intended to provide easy access to each Ohio law and administrative rule from which oral examination questions are drawn. Although this packet contains the Ohio laws and Board rules used to write oral examination questions, there are additional laws and rules governing Board procedures and various responsibilities of Ohio psychologists and school psychologists not referenced within the current version of the examination. Licensees are responsible for adhering to all laws and rules governing the profession. Examination candidates are responsible for demonstrating mastery of the subset of selected statutes and rules contained in the manual. Mastery requires memorization of substantial lists, circumstances, and criteria. Examinations are generally administered by two members of the Board. The examination does not include a clinical skills assessment or any specific references to ethics codes. Ohio laws governing psychologists and school psychologists are found in Ohio Revised Code (ORC) 4732.01 through 4732.99. The administrative rules governing psychologists and school psychologists are found in Ohio Administrative Code (OAC) 4732-01 through 4732-21. Important statutes relevant to license holders’ professional practice are found in various sections of the ORC. Licensure candidates, psychologists, school psychologists, and supervisees can find the entire text of the laws and rules governing psychologists and a selection of related statutes at the Board’s homepage: www.psychology.ohio.gov. Please pay careful attention to the acknowledgment you’ll sign and return to the Board. OHIO BOARD OF PSYCHOLOGY ORAL EXAM PREPARATION MANUAL 2022 PAGE 3 OF 38 Ohio Board of Psychology Oral Examination Preparation Manual Acknowledgement 2020 Candidates must answer five questions correctly although up to two alternate questions may be administered (limit one alternate in each of two content areas). Oral examination questions are drawn directly and exclusively from the Ohio Revised Code (ORC) and the Ohio Administrative Code (OAC) divided among the following four (4) areas: Area 1) Drawn from the Supervision Rules [OAC 4732-13-02 through 13-04] Area 2) Drawn from the General Rules of Professional Conduct [OAC 4732-17-01 (A) to (L)] Area 3) Drawn from other Psychology Board Laws and Rules as specified below: ORC 4732.01 ORC 4732.14 ORC 4732.17 (A)-(D) OAC 4732-3-01(B)(C)(Q)(R)(S) OAC 4732-5-01 OAC 4732-5-02 Definitions Registration of licenses Actions against applicants or license holders Definitions Psychological procedures which create a serious hazard to mental health and require expertise in psychology Exemptions from licensure Area 4) Drawn from the following Ohio laws relevant to the practice of psychology: ORC ORC ORC ORC 2151.421 5101.61 5101.60 2305.51 ORC 2921.22 (F) ORC 2921.22 (G) ORC 3901.051 (H) ORC 5122.04 Duty to report child abuse or neglect Duty to report abuse, neglect, or exploitation of adult Adult protective services definitions Immunity of mental health professional or organization as to violent behavior by client or patient Domestic violence, documentation in client record Patient confides that a felony has been committed Order granting parenting time companionship or visitation rights; non-residential parent access to child’s records Outpatient services for minors without knowledge or consent of parent/guardian Successful candidates must answer five questions correctly—two from Professional Conduct and one in each of the other three areas. Standards for passing each question are established prior to the examination. If a question is not answered correctly, an alternate question is given in the same content area. Up to two alternate questions are allowed during the course of an examination. Failure of a question and the alternate question in the same content area results in a failed examination. Candidates may be asked to recite circumstances, behaviors, prohibited behaviors, standards, or conditions, or lists that are outlined in the laws and rules as being specifically required in professional practice or, conversely, specifically prohibited. Candidates should know concepts (categories) by heading (not necessarily by numbers) and must be able to differentiate the rules/conditions/examples under each heading. Successful candidates are thoroughly familiar with all sections of these laws and rules to the point where they can fluently recite lists, conditions, and circumstances. Therefore, successful candidates must memorize substantial amounts of information and have reported to the Board that they spend a minimum of 30-50 hours preparing for the exam. The law, rules, and examination content have changed over the years. Please be cautioned that there is outdated and erroneous information about preparing for this examination on various Internet sites. OHIO BOARD OF PSYCHOLOGY ORAL EXAM PREPARATION MANUAL 2022 PAGE 4 OF 38 ORAL EXAMINATION AREA 1 (SUPERVISION RULES) Successful candidates shall correctly answer a question drawn from the following rules governing psychologists and school psychologists: OAC 4732-13 Supervisory Relationship 4732-13-02 Purposes of supervision. Supervision by a licensed psychologist or a licensed school psychologist of an unlicensed or licensed person as described in rule 4732-13-01 of the Administrative Code shall have the following purposes: (A) To protect the welfare of clients receiving psychological services from a supervisee of a licensed psychologist or a licensed school psychologist; (B) To protect the welfare of persons who serve as training subjects for students learning psychological procedures, or as psychology subjects for classroom demonstrations or research; (C) To structure the activities of the supervisee so that competent services of a psychological nature by an unlicensed person can safely be made available to clients; (D) To assure that the unlicensed person functions within the limits of his/her competence; (E) To assure that training of an unlicensed person who intends to apply to the board for licensure occurs in a variety of activities relevant to the profession and to his/her academic background; (F) To assure that the training of a licensed person who seeks supervised experience will: (1) Expand competence in a recognized subspecialty for which the licensed person has inadequate training but does have the appropriate academic background; or (2) Satisfy retraining requirements according to recognized standards of the "American Psychological Association"; (G) To assure that supervisees have non-exploitative employment or training experiences; and, (H) To make available the general administrative, supervisory, and mental health expertise of licensed psychologists providing mental health worker supervision, as that term is defined in paragraph (C) of rule 4732-13-03 of the Administrative Code. 4732-13-03 Supervision definitions. (A) Professional supervision in psychology: (1) "Psychological work supervision" means the professional oversight of persons who work under the licensing authority of the licensed psychologist. The psychological work shall be consistent with previous academic and professional training, both didactic and practica, of the supervisor and the supervisee. Telepsychology, as that term is defined in paragraph (S) of rule 4732-3-01 of the Administrative Code, may be used in the provision of psychological work supervision if conducted in accord with requirements set forth in paragraph (B)(29) of rule 4732-13-04 of the Administrative Code. (2) "Psychological training supervision" means the formal provision by licensed psychologists or licensed school psychologists of systematic education and training that is primarily case-focused and evaluative. Telepsychology, as that term is defined in paragraph (S) of rule 4732-3-01 of the Administrative Code, may be used in the provision of psychological training supervision to meet the requirements set forth in paragraph (A) and paragraph (B) of rule 4732-9-01 of the Administrative Code only if using synchronous audiovisual communication and supervision is conducted in accord with requirements set forth in paragraph (B)(20) of rule 4732-13-04 of the OHIO BOARD OF PSYCHOLOGY ORAL EXAM PREPARATION MANUAL 2022 PAGE 5 OF 38 Administrative Code. The supervisory relationship supports and directs the work and professional development of graduate students (including predoctoral interns), postdoctoral trainees or other qualified individuals to help them gain experience for the purposes of licensure as psychologists. (3) "Psychological umbrella supervision" means the supervision of a candidate for licensure to help him/her develop supervisory skills. It exists when a psychological training supervisee supervises other psychological training psychology supervisees in hazardous practices as defined in rule 4732-5-01 of the Administrative Code under the umbrella authority of a psychologist. Supervision under umbrella supervision may be performed only by psychological training supervisees at the pre-doctoral and postdoctoral levels deemed prepared by the supervisor to enter into an umbrella supervisory relationship. (B) Professional supervision in school psychology: (1) "School psychological work supervision" means the supervision of persons who work under the licensing authority of a licensed psychologist or a licensed school psychologist. Any work done under the authority of a licensed school psychologist shall not exceed the scope of practice described in division (E) of section 4732.01 of the Revised Code and shall be consistent with the previous academic and professional training of the supervisor and the supervisee. Telepsychology, as that term is defined in paragraph (S) of rule 4732-3-01 of the Administrative Code, may be used in the provision of school psychological work supervision if conducted in accord with requirements set forth in paragraph (B)(29) of rule 4732-13-04. (2) “School psychological training supervision” means the formal provision by licensed psychologists or licensed school psychologists of systematic education and training that is primarily case-focused and evaluative. Telepsychology, as that term is defined in paragraph (S) of rule 4732-3-01 of the Administrative Code, may be used in the provision of school psychological training supervision to meet the requirements set forth in paragraph (C)(3)(b) of rule 4732-9-02 of the Administrative Code only if using synchronous audiovisual communication and supervision is conducted in accord with requirements set forth in paragraph (B)(20) of rule 4732-13-04 of the Administrative Code. The supervisory relationship supports and directs the work and professional development of graduate students (including pre-doctoral interns), postdoctoral trainees or other qualified individuals to help them gain experience for purposes of licensure as a school psychologist or as a psychologist. …(E) "Psychology Intern," "Psychology Doctoral Intern ," Psychology Predoctoral Intern," "Psychology Fellow," "Psychology Resident," "Psychology Postdoctoral Intern," "Psychology Postdoctoral Fellow," "Psychology Postdoctoral Resident," "Psychology Trainee," or "Psychology Postdoctoral Trainee" mean persons under appropriate supervision, working toward licensure in psychology. (F) "School Psychology Intern," "School Psychology Assistant," or "School Psychology Trainee" mean persons doing school psychological work under appropriate supervision, while they may or may not be working toward licensure in school psychology or psychology. (G) "Psychology Assistant" means a person with a master's degree in psychology who may or may not be working toward licensure in psychology. (H) "Assistant" means a person with a master's degree in a field other than psychology, working under "psychological work supervision." (I) "Psychology Aide" means a person with a bachelor's degree in psychology, working under "psychological work supervision." (J) "Aide" means a person with a bachelor's degree in a field other than psychology or OHIO BOARD OF PSYCHOLOGY ORAL EXAM PREPARATION MANUAL 2022 PAGE 6 OF 38 two or more years of college course work, such as a mental health technology degree, working under "psychological work supervision." (K) "Telepsychology," as used herein, has the same meaning as that term is defined in paragraph (S) of rule 4732-3-01 of the Administrative Code. 4732-13-04 Requirements pertaining to supervision. (B) Requirements for psychological work supervision and psychological training supervision. (1) A supervisee is subject to all relevant statutes and rules of the board. (2) A supervisor is responsible for the psychological diagnosis, psychological prescription, and psychological client supervision of all clients; these functions may be delegated to a psychological work supervisee or psychological training supervisee in accord with paragraph (B)(7) and paragraph (B)(8) of this rule. (3) A supervisor has responsibility for the school psychological diagnosis, school psychological prescription, and school psychological client supervision of all clients; these functions may be delegated to a school psychological work supervisee or school psychological training supervisee in accord with paragraph (B)(7) and paragraph (B)(8) of this rule. (4) A supervisee shall carry out his/her psychological or school psychological activities in a suitable professional setting over which the supervisor has organizational responsibility for assignment and management of the supervisee's professional activities. All psychological activities of the supervisee shall be performed pursuant to the licensed supervisor's directives. Reasonable efforts shall be taken to ensure that the supervisee provides services in compliance with the provisions of Chapter 4732. of the Revised Code and associated administrative rules. (5) A supervisor shall document the type of psychological supervision being provided, and select and assign an appropriate title to the supervisee from the titles found in paragraphs (E), (F), (G), or (H), (I), and (J) in rule 4732-13-03 of the Administrative Code, and shall so inform the supervisee and, when applicable, the work setting administrator. (6) A supervisor shall register with the board, in a manner prescribed by the board, all supervisees who will perform psychological or school psychological work under his/her authority, that is restricted under rule 4732-5-01 of the Administrative Code, including a license holder of this board who is: (a) Completely retraining for a general specialty of psychology pursuant to paragraph (F) of rule 4372-13-02 of the Administrative Code; or (b) Being trained for the purpose of earning a different license pursuant to paragraph (F) of rule 4732-13-02 of the Administrative Code. (7) A supervisor shall deactivate supervisory relationships, in a manner prescribed by the board, upon termination of psychological or school psychological work under his/her authority (8) A supervisor shall keep records of supervision. These records shall include any training supervision plans and co-supervision agreements, dates of supervision meetings, and notes regarding supervision, including specific clients/cases reviewed. For persons under psychological training supervision, these records shall also provide evidence of training activities. These records shall be maintained for a period of five years following the termination of supervision and shall be available for inspection by the board. (9) A supervisor has responsibility to make reasonable efforts to ensure that the work of the supervisee is conducted only for clients for whom the supervisee is competent to provide services and that such services are performed in compliance OHIO BOARD OF PSYCHOLOGY ORAL EXAM PREPARATION MANUAL 2022 PAGE 7 OF 38 with the provisions of Chapter 4732. of the Revised Code and associated administrative rules. (10) A supervisor shall base the intensity of the supervision on his/her professional judgment of the supervisee's credentials, years of experience, and the complexity of the cases under supervision and shall have direct knowledge of all clients served by his/her supervisee. This knowledge may be acquired through direct client contact or through other appropriate means such as audio or video recordings, test protocols, or other client-generated material. (11) A supervisor shall make reasonable efforts to plan for continuity of client care in the event that his/her supervision is interrupted by factors such as illness, vacation, or other unavailability as listed in paragraph (C)(11) of rule 4732-17-01 of the Administrative Code. When a supervisor arranges such back-up supervision for a period of more than thirty working days, he/she shall notify the board in advance. (12) A supervisor has responsibility to assure that each client is clearly informed of the relationship between the supervisor and the supervisee, and their respective legal and professional responsibilities for the services rendered to or received by the client. All clients shall be informed of the supervised nature of the work of the supervisee, and of the ultimate professional responsibility of the supervisor. In the case of adult, legally competent clients receiving psychotherapy and other psychological interventions as described in rule 4732-5-01 of the Administrative Code, this information shall be provided in the form of a written statement explained and given to each client at the initial professional contact. In the case of other clients, this information may be provided in the form of a statement given to the guardian of the client. In terms of clients receiving services for psychological evaluations as described in rule 4732-5-01 of the Administrative Code and/or from individuals working in agencies and/or hospitals, such a statement may be modified or integrated into organizational informed consent documents to meet the circumstances unique to the facility and the client. The statement shall include, but not be limited to, the following: (a) Brief description of services to be provided, schedule of charges, and an indication that billing will come from the supervisor, agency, or institution under the supervisor's name; (b) Name, license number, and professional address and telephone number of the supervisor; (c) Statement on the limits of confidentiality, including the possible need to report certain information according to law, and the supervisor's review of the client's progress; (d) Statement about the parameters of the professional relationship involving the supervisor, the supervisee, and the client; (e) Statement about the availability of the supervisor to meet with the client, on request; (f) Signatures of the supervisor, the supervisee, and the client(s) or guardian, with one copy being maintained by the supervisor. (13) Supervisee evaluative reports and letters dealing with client welfare shall be cosigned by the supervisor. (14) Supervisors who shares ongoing supervisory responsibility for the psychological or school psychological work of a supervisee with another license holder, including but not limited to those in academic and other training settings, shall prepare a written supervision plan, available to the board, that is agreed upon and signed by each supervisor and the supervisee. (15) License holders of this board who are receiving supervision/consultation to add a subspecialty skill pursuant to paragraph (F)(1) of rule 4732-13-02 of the Administrative Code need not be registered with the board, although the OHIO BOARD OF PSYCHOLOGY ORAL EXAM PREPARATION MANUAL 2022 PAGE 8 OF 38 supervisor/consultant shall maintain a record of the supervision/consultation relationship. These records shall be maintained for a period of five years following the termination of supervision/consultation and shall be available for inspection by the board. (16) Supervisors in private practice settings may charge for individual supervision only, and shall limit their fee for an individual face-to-face supervision hour that does not exceed the supervisor's reasonable and standard hourly fee for professional services to clients. If the supervisor charges per individual face-to-face hour of supervision, the supervisee shall receive all fees from reimbursements, minus reasonable overhead expenses, for clients served by the supervisee. (17) A supervisor shall require the supervisee to have consultation with relevant professionals other than the supervisor when counseling or intervention is indicated concerning personal problems. (18) Supervisors are aware that the amount of supervision required for training supervisees is specified in rule 4732-9-01 of the Administrative Code. (19) A supervisor providing psychological training supervision to assist the supervisee toward licensure in psychology or school psychology shall comply with the following: (a) A supervisor shall accept for psychological training supervision only persons who have completed appropriate academic or professional preparation for that area or are at an appropriate level of progress toward such completion. (b) A supervisor and supervisee shall have a co-signed, written agreement describing the goals and content of the training experience, including clearly stated expectations for: (i) The nature of the experiences offered through supervision; (ii) The expected working arrangements, quantity, and quality of the trainee's work; and (iii) The financial arrangements between the supervisee and his/her employer. (c) A supervisor shall ensure that the training provides adequate breadth of experience to enhance: the supervisee's professional attitudes and identity as a professional psychologist or school psychologist; professional, ethical, and legal responsibility; communication skills; critical judgment; and technical skills and competencies in the broad areas of psychological and/or school psychological assessment, psychological and/or school psychological interventions, and ethical decision making. Training experiences shall not take place until the supervisee has initiated or completed appropriate educational preparation, including both didactic course work and practica. (d) When appropriate to meet the training needs of the supervisee, the supervisor shall arrange for consultation with other appropriate professionals. (20) In accord with paragraphs (A)(1), (A)(2), (B)(1) and (B)(2) of rule 4732-13-03 of the Administrative Code, licensees may conduct psychological supervision or school psychological supervision via telepsychology as follows: (a) Supervisors recognize that the use of telepsychology is not appropriate for all cases and supervisees, and decisions regarding the appropriate use of telepsychology are made on a case-by-case basis. Licensees providing supervision via telepsychology are aware of additional risks incurred when providing supervision through the use of distance communication technologies and take special care to conduct their supervision in a manner that protects the welfare of the client and ensures that the client's welfare is paramount. (b) Supervisors establish and maintain current competence in the conduct of psychological supervision via telepsychology through continuing education, consultation, or other procedures, in conformance with prevailing standards of scientific and professional knowledge. Licensees establish and maintain competence OHIO BOARD OF PSYCHOLOGY ORAL EXAM PREPARATION MANUAL 2022 PAGE 9 OF 38 in the appropriate use of the information technologies utilized in the rendering of psychological supervision. (c) Supervisors providing supervision via telepsychology shall: (i) Consider and document findings specific to: (a) Whether a given client's presenting problems and apparent condition are consistent with the use of telepsychology in the supervisory process to the client's benefit; and (b) Whether the supervisee has sufficient knowledge and skills in the use of the technology involved in rendering the supervision. (ii) Not provide supervision via telepsychology services to any supervisee when the outcome of the analysis required in paragraphs (B)(29)(c)(i)(a) and (B)(29)(c)(i)(b) of this rule is inconsistent with the delivery of supervision via telepsychology, whether related to issues involving a given case or issues involving the technological knowledge and skills of the supervisee. (iii) Upon initial and subsequent contacts with the supervisee, make reasonable efforts to verify the identity of the supervisee; (iv) Obtain alternative means of contacting the supervisee; (v) Provide to the supervisee alternative means of contacting the supervisor; (vi) Supervisors, whenever feasible, use secure communications with supervisees, such as encrypted text messages via email or secure websites or secure real-time video; (vii) Prior to providing supervision via telepsychology services, the supervisor and supervisee shall enter into a written agreement, in plain language consistent with accepted professional and legal requirements, relative to: (a) Potential risks of sudden and unpredictable disruption of supervision dependent on telepsychology services and how an alternative means of re-establishing electronic or other connection will be used under such circumstances; (b) When and how the supervisor will respond to routine electronic messages from the supervisee; (c) Under what circumstances the supervisor and supervisee will use alternative means of communications under emergency circumstances; (viii) Ensure that confidential communications stored electronically cannot be recovered and/or accessed by unauthorized persons when the licensee disposes of electronic equipment and data. (C) Prohibitions for psychological work supervision and psychological training supervision. (1) A supervisor shall not provide supervision of psychological work to a person who has administrative or funding authority over him/her. (2) A supervisor shall not provide work or training supervision to a person with whom he/she is associated in any business relationship except one where the psychologist or the school psychologist is an employer of the supervisee for the practice of psychology or school psychology. (3) A supervisor shall not assume supervisory responsibility for psychological work that he/she is not personally competent to perform. (4) A supervisor shall not supervise any person whom he/she knows is illegally providing psychological services to the public either within or outside of the supervisory relationship. (5) Pursuant to paragraph (E) of rule 4732-17-01 of the Administrative Code: (a) There shall be no direct family relationship between a supervisor and a supervisee. (b) A supervisor shall not engage in sexual intercourse or other sexual intimacies with any supervisee. OHIO BOARD OF PSYCHOLOGY ORAL EXAM PREPARATION MANUAL 2022 PAGE 10 OF 38 (c) A supervisor shall not engage in sexual harassment or any verbal or nonverbal conduct that is sexual in nature with any supervisee. (d) A supervisor shall not enter into a supervisory relationship for psychological work as an employee of a supervisee. (e) A supervisor shall not exploit the supervisee for financial gain or with excessive work demands. (6) A supervisor, emergency situations excepted, shall ensure that there are no more than two hundred forty work hours scheduled among all supervisees on a weekly basis, inclusive of both direct client contact hours and other non-clinical activities. This limitation on supervision does not apply to mental health worker supervision as described in paragraph (A) of this rule. (7) A supervisor shall not allow exploitation of a supervisee by an agency with which the supervisor and the supervisee are affiliated. (8) A supervisor shall not charge a supervisee for group supervision. (9) A supervisee shall not use the title "Psychologist"; a supervisee shall not use the title "School Psychologist," except when the supervisee holds an active certificate or license granted by the Ohio department of education (ODE) to render school psychological services under the authority of the ODE. (10) A supervisee shall not solicit clients or generate his/her own case load and shall not represent himself/herself as having independent choice of clients. (11) A supervisee shall not collect fees for psychological work in his/her own name. (12) A supervisee shall not independently advertise; use a business card or other listing that identifies any procedure or technique performed; announce the establishment of a practice; have his/her name included on business letterhead stationery, office building directory, office suite entrance door; or in any electronic or other directory under a title incorporating "Psychologist" or "Psychology"; or, otherwise hold himself/herself out to the public as being authorized to provide independent psychological services. Notwithstanding these prohibitions, the following shall be allowed: (a) A supervisee's degrees earned from accredited universities, credentials granted by the state of Ohio, and appropriate job titles may be published or posted so long as they do not confuse the client's understanding that the work is psychological in nature and that the supervising psychologist or school psychologist is professionally responsible for the work. (b) A supervisee may use a printed business card on which the supervisee's name, appropriate title, supervisor's name and license number, and supervisory relationship are stated. (13) In accordance with section 4732.17 of the Revised Code, the board may refuse to issue a license to any supervisee who violates any provision of Chapter 4732. of the Revised Code or any rules adopted by the board. ORAL EXAMINATION AREA 2 (PROFESSIONAL CONDUCT) Successful candidates shall correctly answer two questions drawn from the following rules governing psychologists and school psychologists: OAC 4732-17-01 General rules of professional conduct pursuant to section 4732.17 of the Revised Code. (A) General considerations: (1) Purpose. The rules of professional conduct constitute the standards against which the required professional conduct of a psychologist or school psychologist is measured. OHIO BOARD OF PSYCHOLOGY ORAL EXAM PREPARATION MANUAL 2022 PAGE 11 OF 38 (2) Scope. The rules of professional conduct shall apply to the conduct of all license holders, supervisees, and applicants, including the applicant's conduct during the period of education, training, and employment that is required for licensure. The term "psychologist," as used within these rules of professional conduct, shall be interpreted accordingly, whenever psychological or school psychological services are being provided in any context. (3) Violations. A violation of the rules of professional conduct constitutes unprofessional conduct and is sufficient reason for a reprimand, suspension or revocation of a license, or denial of either original licensure or reinstatement of licensure. (4) Aids to interpretation. Ethics codes and standards for providers promulgated by the "American Psychological Association," the "Association of State and Provincial Psychology Boards," and other relevant professional groups shall be used as aids in resolving ambiguities that may arise in the interpretation of the rules of professional conduct, except that these rules of professional conduct shall prevail whenever any conflict exists between these rules and any professional association standard. (5) A license holder, or an applicant for licensure, shall provide a written response within a reasonable period of time not to exceed sixty days to any written inquiry, regarding compliance with law or rule, received from the board. (B) Negligence: (1) A license holder in a professional psychological role, as that term is defined in paragraph (R) of rule 4732-3-01 of the Administrative Code shall be considered negligent if his/her behaviors toward his/her clients, evaluees, supervisees, employees or students, in the judgment of the board, clearly fall below the standards for acceptable practice of psychology or school psychology. (2) Sexual harassment. License holders shall not engage in sexual harassment. Sexual harassment is sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, that occurs in connection with the license holder’s professional activities, and that either (a) is unwelcome, is offensive, or creates a hostile workplace or educational environment, and the psychologist knows or is told this or (b) is sufficiently severe or intense to be abusive to a reasonable person in the context. Sexual harassment can consist of a single intense or severe act or of multiple persistent or pervasive acts. (3) Misrepresentation of qualifications. A license holder shall not misrepresent through false or misleading information his/her professional qualifications such as education, specialized training, experience, or area(s) of competence. (4) Misrepresentation of affiliations. A license holder shall not misrepresent through false or misleading information his/her affiliations or the purposes or characteristics of institutions and organizations with which the license holder is associated. (a) A license holder shall not claim either directly or by implication professional qualifications that differ from actual qualifications, including use of a degree or title that is not relevant to his/her psychological training or that is issued by an educational institution not meeting accreditation standards, he/she shall not misrepresent affiliation with any institution, organization, or individual, nor lead others to assume he/she has affiliations that he/she does not have. A license holder is responsible for correcting a client or public media who misrepresent his/her professional qualifications or affiliations, if he/she has knowledge of this misrepresentation. (b) A license holder shall not include false or misleading information in public statements concerning psychological services offered. (c) A license holder shall not associate with or permit his/her name to be used in connection with any services or products in such a way as to misrepresent them, the OHIO BOARD OF PSYCHOLOGY ORAL EXAM PREPARATION MANUAL 2022 PAGE 12 OF 38 degree of his/her responsibility for them, or the nature of his/her association with them. (5) Solicitation of business by clients. A license holder shall not request or authorize any client to solicit business on behalf of the license holder. (6) Promotional activities. A license holder associated with the development, promotion, or sale of psychological devices, books, or other products shall ensure that such devices, books, or products are not misrepresented as to qualities, performance or results to be obtained from their use. (7) Maintenance and retention of records. (a) A license holder rendering services to a client or evaluee shall maintain a record that includes: (i) Written documentation indicating that the license holder obtained written informed consent prior to the delivery of services, signed and dated by the client/evaluee reflecting understanding of and agreement to the services, or documentation by the license holder justifying the reason(s) why a signed form was contraindicated or not feasible, (ii) The date(s) and description of services rendered during each professional contact, (iii) The presenting problem or reason for evaluation, (iv) The fee arrangement, (v) Authorizations, if any, by the client for release of records or information, (vi) Justification and rationale for not releasing records to a client in response to a valid request, including the reason for making a determination for clearly stated treatment reasons that disclosure of the requested records is likely to have an adverse effect on the client, and shall comply with division (B) of section 3701.74 of the Revised Code. (vii) Test data or other evaluative results produced or obtained as part of the services rendered, (viii) A copy of any reports prepared as part of the professional relationship, (ix) Notation of providing verbal communication of assessment results in the absence of a written report, (x) Notation and results of formal contacts with other providers, (xi) Knowledge of all multiple relationships present, with reasoning as to why it is in the best interest of the client and/or not harmful to continue the professional relationship, and (b) 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. (c) A license holder shall store and dispose of written, electronic, and other records of clients in such a manner as to ensure their confidentiality. License holders shall prepare in advance and disseminate to an identifiable person a written plan to facilitate appropriate transfer and to protect the confidentiality of records in the event of the license holder's withdrawal from positions or practice. Each license holder shall report to the board on the biennial registration (renewal) form the name, address, and telephone number of a license holder or other appropriate person knowledgeable about the location of the written plan for transfer and custody of records and responsibility for records in the event of the licensee's absence, emergency or death. The written plan referenced in this rule shall be made available to the board upon request. OHIO BOARD OF PSYCHOLOGY ORAL EXAM PREPARATION MANUAL 2022 PAGE 13 OF 38 (d) In the event a complaint has been filed, a license holder shall provide the original or a full copy of the client file or other client-identifiable documents to the board upon request, provided that the request is accompanied by a copy of a release signed by the client. (e) License holders shall provide clients with reasonable access to the record maintained. License holders shall be familiar with state and federal laws and regulations relevant to client access to their records of services, and shall limit clients' access to records only in exceptional circumstances in which the license holder determines for clearly stated treatment reasons that disclosure of the requested records is likely to have an adverse effect on the client. (f) License holders shall be aware of and adhere to divisions (H)(1) and (H)(2) of section 3109.051 of the Revised Code and other relevant laws governing a divorced non-residential parent's rights to access a license holder's records related to the parent's child. (C) Welfare of the client, evaluee, and associated persons: (1) Conflicts of interest. License holders actively identify, disclose, document, and remedy conflicts of interest and potential conflicts of interest. A conflict of interest exists when the license holder's objectivity, judgment, or competence is impaired by a multiple role/relationship or when a client/evaluee is subject to exploitation. License holders actively clarify and document their role when providing or offering psychological or school psychological services. Notwithstanding paragraph (e) of this rule, conflict of interest situations include but are not limited to: (a) License holders in a treatment role with couples, families, or groups shall clarify with all parties and document the nature of one's professional obligations to the various clients receiving services, including limits of confidentiality and access to records. (b) License holders in a treatment role with one or more adults involved in a contested parenting time or custody dispute: (i) Shall anticipate being asked to participate in conflicting roles; and (ii) Shall clarify and document as early as feasible that his/her role is restricted to providing therapeutic services, and shall take appropriate action to avoid role conflicts; and (iii) Shall not render verbal or written opinions to any person or entity, including but not limited to the client, any court, attorney, guardian ad litem, or other professional about a client's or other person's access to, parenting time with, or custody of, any child. (c) License holders in a treatment role with one or more children involved in a contested parenting time or custody dispute: (i) Shall anticipate being asked to participate in conflicting roles; and (ii) Shall clarify and document as early as feasible that his/her role is restricted to providing therapeutic services, and shall take appropriate action to avoid role conflicts; and (iii) Shall not render verbal or written opinions to any person or entity, including but not limited to the client, any court, attorney, guardian ad litem, or other professional about a client's or other person's access to, parenting time with, or custody of, any child. (d) License holders may undertake roles specifically determined by a court or other adjudicative body or child welfare agency (concerning, for example, parenting coordination and family reunification), wherein rendering opinions and recommendations about the client(s) to the adjudicative body may be necessary and appropriate, if consistent with the OHIO BOARD OF PSYCHOLOGY ORAL EXAM PREPARATION MANUAL 2022 PAGE 14 OF 38 parameters of a written order or directive, and if the role of the license holder is established in written informed consent procedures. (e) When there is a conflict of interest between the client and the organization with which the license holder is contracted, employed, or affiliated, the license holder shall clarify the nature and direction of his/her loyalties and responsibilities and shall keep all parties concerned informed of his/ her commitments. (2) Multiple relationships. A multiple relationship exists when a license holder is in a professional psychological role pursuant to paragraph (R) of rule 4732-3-01 of the Administrative Code and is in another relationship with the same person or entity or with an individual closely associated with the person or entity. Depending on the timing and nature of one's interactions before or after the establishment of a professional psychological role, multiple relationships can result in exploitation of others, impaired judgment by clients, supervisees and evaluees, and/or impaired judgment, competence and objectivity of the psychologist or school psychologist. Psychologists and school psychologists actively identify and manage interpersonal boundaries to ensure that there is no exploitation of others and that professional judgment, competence, and objectivity within one's professional psychological roles are not compromised. (a) In some communities and situations, unavoidable interpersonal contacts can occur due to cultural, linguistic, or geographical considerations. For purposes of this rule, incidental contacts in the personal life of a license holder with persons with whom there is or was a professional psychological role are not relationships. Nothing in this rule shall be construed to mean that a license holder is prohibited from undertaking a professional psychological role in an emergency situation, including effecting an appropriate referral when necessary to foster the welfare of others. (b) Prohibited multiple relationships. The board prescribes that certain multiple relationships are expressly prohibited due to inherent risks of exploitation, impaired judgment by clients, supervisees and evaluees, and/or impaired judgment, competence or objectivity of the license holder. (i) A license holder shall not: (a) Undertake a professional psychological role with persons with whom he/she has previously engaged in sexual intercourse or other sexual intimacies; (b) Undertake a professional psychological role with persons with whom he/she has had a familial, personal, social, supervisory, employment, or other relationship, and the professional psychological role results in: exploitation of the person; or, impaired judgment, competence, and/or objectivity in the performance of one's functions as a license holder. (c) Engage in sexual intercourse or other sexual intimacies; or, verbal or nonverbal conduct that is sexual in nature with any person with whom there has been a professional psychological role at any time within the previous twenty-four months; (d) Enter into any personal, financial, employment or other relationship (other than reestablishing a professional psychological role) with any person with whom there has been a professional psychological role at any time within the previous twentyfour months and the multiple relationship results in: exploitation of the person; or, impaired judgment, competence, and/or objectivity in the performance of one's functions as a psychologist or school psychologist. (e) Terminate or interrupt a professional role with any person for the purpose, expressed or implied, of entering into a sexual, personal, or financial relationship with that person or any individual closely associated with that person. (ii) The prohibitions established in paragraph (C)(2)(b) of this rule extend indefinitely beyond twenty-four months after termination of the professional role if the person, OHIO BOARD OF PSYCHOLOGY ORAL EXAM PREPARATION MANUAL 2022 PAGE 15 OF 38 secondary to emotional, mental, or cognitive impairment, remains vulnerable to exploitative influence. (3) Unforeseen multiple relationships. If a license holder determines that, due to unforeseen factors, a prohibited multiple relationship as defined in paragraph (E)(2) of this rule has inadvertently developed, he or she shall take reasonable steps to resolve it with due regard for the welfare of the person(s) with whom there is or was a professional psychological role. (a) All potential multiple relationships shall be discussed with the client as soon as possible after being first recognized and shall continue only with both parties' agreement. (b) License holders document the discovery of all multiple relationships, with reasoning as to why it is in the best interest of the client and/or not harmful to continue the professional relationship. (c) As warranted, the presence of a multiple relationship shall be reassessed and justified in the record. Issues such as informed consent and professional consultation shall be considered and documented to ensure that judgment is not impaired and that no exploitation of any person occurs. (4) Sufficient professional information. A license holder rendering a formal professional opinion or recommendation about a person shall not do so without substantial professional information within a clearly defined role. (5) Informed consent. A license holder shall accord each client informed choice, confidentiality, and reasonable protection from physical or mental harm or danger. (a) License holders clearly document written informed consent, permission, or assent, as warranted by the circumstances, for treatment or evaluation prior to proceeding with the provision of psychological or school psychological services. (b) When a license holder is in an individual treatment role, there may be reason for a third party to join one or more sessions for a limited purpose. The license holder shall document in the record that the client or legal guardian has acknowledged understanding the purpose and need for the third party to be present and the circumstances and extent to which confidential information may be disclosed to the third party. The license holder shall document that the third party has provided an understanding that the individual is not a client, that there is no expectation of confidentiality between the license holder and the third party, and that the third party shall not have rights to access any part of the client's file (unless the client provides written authorization to release specific confidential information). A license holder shall not render opinions or recommendations to any person or entity, including but not limited to the client, any court, attorney, guardian ad litem, or other professional concerning such third parties. (c) The license holder shall keep the client fully informed as to the purpose and nature of any treatment or other procedures, and of the person's right to freedom of choice regarding services offered. A license holder shall give a truthful, understandable, and reasonably complete account of a client's condition to the client or to those legally responsible for the care of the client in accord with informed consent processes. (d) When a court or other adjudicative body orders an evaluation, assessment or intervention, the license holder shall document and inform the evaluee(s) or client(s) of the parameters of the court order and shall not provide services or opinions beyond the parameters of the order. (e) When a license holder provides services to two or more clients who have a relationship with each other and who are aware of each other's participation in treatment (for example, couples and family members), the license holder shall clarify with all parties and document the parties' understanding about how records of the OHIO BOARD OF PSYCHOLOGY ORAL EXAM PREPARATION MANUAL 2022 PAGE 16 OF 38 services will be maintained, who has access to the records, and any limits of access to the records. (6) Dependency. Due to an inherently influential position, a license holder shall not exploit the trust or dependency of any client, supervisee, evaluee or other person with whom there is a professional psychological role, as that term is defined in paragraph (R) of rule 4732-3-01 of the Administrative Code. (7) Media. Psychological or school psychological services for the purpose of diagnosis, treatment, or personalized advice shall be provided only in the context of a professional relationship, and shall not be given by means of: public lectures; internet, newspaper, or magazine; radio or television; or social media. (8) Stereotypes. A license holder shall not impose on a client any stereotypes of behavior, values, or roles related to age, sex, gender expressions,, religion, race, ethnicity, disability, nationality, or sexual orientation that would interfere with the objective provision of psychological services to the client. (9) Termination/alternatives. A license holder shall terminate a professional relationship when it is reasonably clear that the client is not benefiting from the relationship, and shall offer to help locate alternative sources of professional services or assistance if indicated. (10) Referral. A license holder shall make an appropriate referral of a client to another professional when requested to do so by the client. (11) Continuity of care. A license holder shall make arrangements for another appropriate professional or professionals to deal with the emergency needs of his/her clients, as appropriate, during periods of foreseeable absence from professional availability. (12) Interruption of services. (a) A license holder makes reasonable efforts to plan for continuity of care in the event that psychological services are interrupted by factors such as the license holder's illness, unavailability, relocation, or death, or the client's relocation or financial limitations. (b) A license holder entering into employment or contractual relationships shall make reasonable efforts to provide for orderly and appropriate resolution of responsibility for client care in the event that the employment or contractual relationship ends, with paramount consideration being given to the welfare of the client. A license holder who serves as an employer of other license holders has an obligation to make similar appropriate arrangements. (13) Practicing while impaired. A license holder shall not undertake or continue a professional psychological role when the judgment, competence, and/or objectivity of the license holder is impaired due to mental, emotional, physiological, pharmacological, or substance abuse conditions. If impaired judgment, competence, and/or objectivity develops after a professional role has been initiated, the license holder shall terminate the professional role in an appropriate manner, shall notify the client and/or other relevant parties of the termination in writing, and shall assist the client, supervisee, or evaluee in obtaining appropriate services from another appropriate professional. (D) Remuneration: (1) Financial arrangements: (a) All financial arrangements shall be documented and made clear to each client in advance of billing, preferably within the initial session but no later than the end of the second session, unless such disclosure is contraindicated in the professional judgment of the licensee. In the event that disclosure is not made by the end of the second session, the license holder bears the burden of demonstrating that disclosure was contraindicated and that the client was not harmed as a result of non-disclosure. OHIO BOARD OF PSYCHOLOGY ORAL EXAM PREPARATION MANUAL 2022 PAGE 17 OF 38 (b) A license holder shall not mislead or withhold from any client, prospective client, or third-party payer, information about the cost of his/her professional services. (c) A license holder shall not, in the judgment of the board, exploit a client or responsible payer financially or enter into an exploitative bartering arrangement in lieu of a fee. (d) The primary obligation of a license holder employed by an institution, agency, or school is to persons entitled to his/her services through the institution, agency, or school. A license holder shall not accept a private fee or any other form of remuneration from such persons unless the policies of a particular institution, agency or school make explicit provision for private work with its clients by members of its staff. In such instances the client or guardian shall be fully apprised of available services and all policies affecting him/her, prior to entering into a private professional relationship with a license holder. (2) Improper financial benefits: (a) A license holder shall neither derive nor solicit any form of monetary profit or personal gain as a result of his/her professional relationship with clients or immediate ex-clients, beyond the payment of fees for psychological services rendered. However, unsolicited token gifts from a client are permissible. (b) A license holder shall neither give nor receive any commission, rebate, or other form of remuneration for referral of a client for professional services, without full disclosure in advance to the client of the terms of such an agreement. (c) A license holder shall not bill for services that are not rendered. However, he/she may bill for missed appointments that the client did not cancel in advance, if this is part of the financial arrangements made in accordance with paragraph (D)(1)(a) of this rule. (E) Testing and test interpretation: (1) Assessment procedures: (a) A license holder shall treat the results or interpretations of assessment regarding an individual as confidential information. (b) A license holder shall accompany communication of results of assessment procedures to a client, or the parents, legal guardians, or other agents of the client with adequate interpretive aids or explanations in language these persons can understand. (c) A license holder shall include in his/her report of the results of a test or assessment procedures any reservations regarding the possible inappropriateness of the test for the person assessed. (d) A license holder offering an assessment procedure or automated interpretation service to other professionals shall accompany this offering with a manual or other printed material that fully describes the development of the assessment procedure or service, its rationale, evidence of validity and reliability, and characteristics of the normative population. A license holder shall explicitly state the purpose and application for which the procedure is recommended and identify special qualifications required to administer and interpret it properly. A license holder shall ensure that any advertisements for the assessment procedure or interpretive service are factual and descriptive. Such services are to be considered as a professional-toprofessional consultation. A license holder shall make and document reasonable efforts to avoid misuse of such assessment reports. (e) A license holder shall choose only appropriate tests and give them only for a justifiable purpose to the benefit of a client. (2) Test security. Psychological tests and other assessment devices shall not be reproduced or described in popular publications in ways that might invalidate the techniques. Test materials means manuals, instruments, protocols, and test OHIO BOARD OF PSYCHOLOGY ORAL EXAM PREPARATION MANUAL 2022 PAGE 18 OF 38 questions or stimuli and does not include test data except as specified in paragraph (F)(3)(a) of rule 4732-17-01 of the Administrative Code. License holders make reasonable efforts to maintain the integrity and security of test materials and other assessment techniques consistent with law and contractual obligations. Access to such devices is limited to persons with professional interests who will safeguard their use. (a) Sample items made up to resemble those of tests being discussed may be reproduced in popular articles and elsewhere, but scorable tests and actual test items shall not be reproduced except in professional publications. (b) A license holder is responsible for the security of psychological tests and other devices and procedures used for instructional purposes. (c)License holders shall not permit inadequately supervised use of psychological tests or assessment measures unless the measure is designed, intended, and validated for self-administration and self-administration is supported by the instructions of the test publisher. (3) Test interpretation. (a) Test scores, like test materials, may be released to another person or an organization only in a manner that adheres to the client's rights to confidentiality as set forth in paragraph (G) of this rule. (b) Test results or other assessment data used for evaluation or classification are communicated to employers, relatives, or other appropriate persons in such a manner as to guard against misinterpretation or misuse. License holders when interpreting and communicating assessment results take into account the purpose of the assessment as well as various test factors, test-taking abilities, and other characteristics of the person being assessed, such as situational, environmental, personal, linguistic, and cultural, that might affect professional judgments or reduce the accuracy of interpretations, and significant limitations of interpretations are indicated. (c) A license holder always respects the client's or guardian's right to know the results, the interpretations made, his/her conclusions, and the bases for his/her recommendations. When a license holder provides verbal communication of assessment results in the absence of a written report, this event