Massachusetts Psychology Jurisprudence Exam Study Guide PDF

12/6/2023 Study Guide for the Massachusetts Psychology Jurisprudence Exam 1 1  12/6/2023 Introduction Note:...

12/6/2023 Study Guide for the Massachusetts Psychology Jurisprudence Exam 1 1  12/6/2023 Introduction Note: MGL = Massachusetts General Laws (state laws) CMR = Code of Massachusetts Regulations (official rules adopted by state agencies) (2022) ©GERALD P. KOOCHER 2 Why produce a study guide? ©GERALD P. KOOCHER (2022) 3 1  12/6/2023 Main Topic Headings ©GERALD P. KOOCHER (2022) 4 4 Protection of Vulnerable People and Mandated Reporting 5 2  12/6/2023 General Provisions of Mandated Reporting ©GERALD P. KOOCHER (2022) 6 6 Basics of Reporting for clinicians Serious physical or emotional injury or death ©GERALD P. KOOCHER (2022) 7 7 3  12/6/2023 Fundamentals of Reporting (2022) ©GERALD P. KOOCHER 8 8 Chapter 119, section 51A Child abuse reporting  Failure to report? = $1,000 fine or $5,000 + jail in case of serious bodily injury or death.  Willful frivolous report? = $2,000 fine + jail time of 6 months+  Clergy not exempted  Death or sexual abuse is reported to law enforcement and district attorney by DCF. ©GERALD P. KOOCHER (2022) 9 4  12/6/2023 Other elements of Ch 119 Protection of Children  Children in court proceedings and placement policies  Children in need of service petitions (runaways and out of control children)  Grandparents may seek visitation via court petition ©GERALD P. KOOCHER (2022) 10 Divorce and Child Custody Exceptions to Privilege 11 5  12/6/2023 Chapter 208 - Divorce and Child Custody 12 Confidential and Privileged Communications and dangerousness 13 6  12/6/2023 Chapter 112, Section 12 CC [Health Care Providers, inspection of records] 14 Chapter 112, Section 129A: confidential communications (2022) ©GERALD P. KOOCHER 15 15 7  12/6/2023 Reasonable precautions under 129A [Tarasoff-like situation] (2022) ©GERALD P. KOOCHER 16 16 Chapter 112: Section 129B Contractual restrictions on right to practice  Covenants Not to Compete Prohibited  A contract or agreement which creates or establishes the terms of a partnership, employment, or any other form of professional relationship with a psychologist licensed under this chapter, which includes a restriction of the right of the psychologist to practice in any geographic area for any period of time after termination of the partnership, employment or professional relationship shall be void and unenforceable with respect to the restriction; but, nothing herein shall render void or unenforceable the remainder of the contract or agreement. ©GERALD P. KOOCHER (2022) 17 8  12/6/2023 Chapter 233, In any court proceeding a patient shall have the privilege section 20B of refusing to disclose, and of preventing a witness from disclosing, any communication. Privileged Communications This privilege shall apply to patients engaged with a psychotherapist in marital therapy, family therapy, or consultation in contemplation of such therapy. (2022) ©GERALD P. KOOCHER If a patient is incompetent to exercise or waive such privilege, a guardian shall be appointed to act in his behalf under this section. Upon the exercise of the privilege granted by this section, the judge or presiding officer shall instruct the jury that no adverse inference may be drawn therefrom. 18 Exceptions to Privilege If a psychotherapist determines that the patient needs treatment in a hospital for mental or emotional illness or that there is a threat of imminently dangerous activity by the patient against himself or another person. If a judge finds that the patient, after having been informed that the communications would not be privileged, communicates to a psychotherapist during a psychiatric examination ordered by the court (except such communications shall be admissible only on issues involving the patient’s mental or emotional condition but not as a confession or admission of guilt). In any proceeding, except one involving child custody, adoption or adoption consent, in which the patient introduces their mental or emotional condition as an element of their claim or defense, and the judge finds it is more important to the interests of justice that the communication be disclosed than protected. ©GERALD P. KOOCHER (2022) 19 9  12/6/2023 Exceptions to Privilege In any proceeding after the death of a patient in which their mental or emotional condition is introduced by any party as an element of the claim or defense, and the judge finds that it more important to the interests of justice that the communication be disclosed than protected. In any case involving child custody, adoption or the dispensing with the need for consent to adoption in which, upon a hearing in chambers, the judge determines that the psychotherapist has evidence bearing significantly on the patient’s ability to provide suitable care or custody, and that it is more important to the welfare of the child that the communication be disclosed than protected; In any proceeding brought by the patient against the psychotherapist, and in any malpractice, criminal or license revocation proceeding, in which disclosure is necessary or relevant to the claim or defense of the psychotherapist. ©GERALD P. KOOCHER (2022) 20 Department of Mental Health 21 10  12/6/2023 Roles for Psychologists under the Department of Mental Health  Definition of "Qualified psychologist”: a licensed psychologist designated by and who meets qualifications required by the regulations of the department, provided that different qualifications may be established for different purposes of this chapter. [For purposes of this section any health services provider psychologist is qualified.]  Definition of "Likelihood of serious harm”: (1) a substantial risk of physical harm to themselves as manifested by evidence of, threats of, or attempts at, suicide or serious bodily harm; (2) a substantial risk of physical harm to other persons as manifested by evidence of homicidal or other violent behavior or evidence that others are placed in reasonable fear of violent behavior and serious physical harm to them; or (3) a very substantial risk of physical impairment or injury to themselves as manifested by evidence that such person's judgment is so affected that they are unable to protect themselves in the community and that reasonable provision for their protection is not available in the community. 22 MGL 123, section 38B Duty to warn potential victims (2022) ©GERALD P. KOOCHER 23 23 11  12/6/2023 Reasonable precautions (2022) ©GERALD P. KOOCHER 24 24 Any physician, qualified psychiatric nurse mental health Section 12(a).  clinical specialist, qualified psychologist, or a licensed Emergency independent clinical social worker who, after examining restraint of a person, has reason to believe that failure to dangerous hospitalize such person would create a likelihood of persons; serious harm by reason of mental illness may restrain or application for authorize the restraint of such person and apply for the hospitalization; hospitalization of such person for a 3-day period. examination.  If examination is not possible because of the emergency nature of the case and because of the refusal of the person to consent to examination, the (2022) ©GERALD P. KOOCHER [professional] may apply for emergency hospitalization, may restrain [request restraint], and apply for hospital admission stating the reasons and other relevant information to assist the admitting physician.  Whenever practicable, prior to transporting, the applicant shall telephone or otherwise communicate with a facility to describe the circumstances and to determine whether the facility is the proper one to receive such person and o give notice of any restraint used and determine whether such restraint is necessary. 25 12  12/6/2023 Section 12(a). Emergency restraint of dangerous persons; application for hospitalization; examination (continued) (2022) ©GERALD P. KOOCHER 26 26 MGL 123A (SDP: sexually dangerous persons) ©GERALD P. KOOCHER (2022) 27 27 13  12/6/2023 Nemansket Correctional Treatment Center (2022) ©GERALD P. KOOCHER 28 28 Guardianship and Conservatorship 29 14  12/6/2023 Definitions of court appointees 30 Definitions of candidates for guardianship or conservatorship (2022) ©GERALD P. KOOCHER 31 31 15  12/6/2023 Medical  Unless otherwise directed by the court, a medical certificate shall be signed by a physician or licensed psychologist and shall contain: Certificates  (1) a description of the nature, type, and extent of the person's specific cognitive and functional under Chapter  limitations; (2) an evaluation of the person's mental and 190B physical condition and, if appropriate, educational potential, adaptive behavior, and social skills;  (3) a prognosis for improvement and a (2022) ©GERALD P. KOOCHER recommendation as to the appropriate treatment or habilitation plan; and  (4) the date of any examination upon which the report is based.  A person alleged to have an intellectual disability shall be examined by a clinical team consisting of a physician, a licensed psychologist and a social worker, each of whom is experienced in the evaluation of persons with an intellectual disability, who shall report their conclusions to the Court. 32 Antipsychotic Medications Chapter 123: Section 8B. Treatment of committed persons with antipsychotic medication; petition; notice; hearing; guardian. (2022) ©GERALD P. KOOCHER 33 33 16  12/6/2023 Psychology Licensing Law (General Provisions) 34 MGL Chapter 112, sections 118 –129, Licensing Law rendering or offering to render professional service for any fee, monetary or otherwise, to individuals, groups of individuals, organizations or members of the public…the practice of psychology does not include the teaching of psychology, the conduct of psychological research, or the provision of psychological consultation to organizations, unless such (2022) ©GERALD P. KOOCHER teaching research or consultation involves the delivery or supervision of the types of direct services described above, to individuals or groups. students of psychology, psychological interns or persons preparing for the practice of psychology under qualified supervision in a recognized training institution or facility; provided, however, that they are designated by such titles as "psychological intern", "psychological trainee" or other title clearly indicating such training status. 35 35 17  12/6/2023 MGL Chapter 112, sections 118 – Licensing Law (2022) ©GERALD P. KOOCHER 36 36 Licensing Board Regulations 37 18  12/6/2023 Take Note  Examinations: EPPP and Jurisprudence  EPPP may be taken no more than 4x per year, 3 months apart  When supervising ratio must be at least 1:16 (supervision to service) and can be credited after 2 years of full-time graduate study. 38 Evaluation and Verification of CE  20 Hours every two years.  Must be APA approved, option to consider other entities not used in recent memory  Must be clearly related to science or practice of psychology.  Publication of books, chapters of books, and/or articles in refereed journals may count for 10/20 hours.  Licensee has the obligation to keep documentation and supply if audited.  Failure to comply can result in non-renewal and false attestation may result in extra hours required and fines. 39 19  12/6/2023 Forensic Psychologist Qualifications 40 Designated Forensic Psychologists (DFP) Clinical specialists to perform certain responsibilities pursuant to the provisions of M.G.L. c. 123 (2022) ©GERALD P. KOOCHER 41 41 20  12/6/2023 Designated Forensic Psychologists (DFP) continued Clinical specialists to perform certain responsibilities pursuant to the provisions of M.G.L. c. 123 (2022) ©GERALD P. KOOCHER 42 42 Summary: ©GERALD P. KOOCHER (2022) 43 21  12/6/2023 Summary: ©GERALD P. KOOCHER (2022) 44 Disclaimer: ©GERALD P. KOOCHER (2022) 45 22