TN Jurisprudence Exam

TN Jurisprudence Exam Board - what board is this? - ANS Board for professional counselors, marital and family therapists, clinical pastoral therapists Actively engaged - define - ANS 10 or more face to face client contact hours per week: * Teaching, supervision, and/or research in counseling for a minimum of 10 clock hours per week OR * Engaged in professional counseling for 10 or more client contact hours per week OR * combination of teaching, supervision, research and practice a minimum of 10 clock hours per week Approved supervisor - what licensure are acceptable? - ANS LPC, LMFT, LCPT, LCSW, L Psychologist w/Health Service Provider, Licensed senior Psychological examiner, Licensed Psychiatrist. For MHSP, cannot be supervised by LPC How long must supervisor have been licensed? - ANS 5 years what are "Clinically related activities"? - ANS Workshops, trainings, supervision, treatment teams, research, leadership prep. GRADUATE COURSEWORK REQUIRED FOR LICENSURE AND ADMINISTRATIVE SUPERVISION IN THE WORKPLACE ARE NOT CLINICALLY-RELATED ACTIVITIES Clinical setting - agency criteria - ANS 1. Public, private, community with integrated programs for delivery of clinical mental health counseling. 2. Private space meets HIPAA req. 3. 1 or more licensed mental health professional on site minimum 20 hours, which must overlap with applicant. Emergency plan in place. 4. Practice cannot be owned by applicant or others with multiple relationships. 5. Applicant must be an employee, or have an agreement in place - compensation paid to agency, unless applicant has temp license. Division - what division is this and what is its role with the Board? - ANS The Division of Health Related Boards, TN Department of health, from which the board receives administrative support. HRB - what does it stand for? - ANS Health Related Boards Practice of Professional Counseling WITHOUT MHSP - what can they do? What can they NOT do? - ANS Cannot treat mental, emotional, adjustment disorders. Only treat marital problems, parent-child problems, child and adolescent behavior, other family circumstances, other interpersonal problems, phase of life problems, occupational problems, uncomplicated bereavement. CAN administer assessments used to measure aptitude, achievements, or interests. CANNOT administer those to assess personality, abnormal behavior, or individual intelligence tests. Practice of Counseling WITH MHSP - what can they do? What can they NOT do? - ANS Facilitate human development through life span, prevent, diagnose, and treat mental, emotional or behavioral disorders Conduct assessments and diagnoses for purpose of establishing treatment goals/objectives Plan, implement, and evaluate treatment plans. Testing NOT to be labeled "Psychological" testing. Professional Experience - define - ANS Minimum of 10 client contact hours per week, and practice of counseling EXCLUDING volunteer hours Group Supervision - define - ANS 3-8 participants. No more than 50 hours total (out of 150 required) Triadic Supervision - define - ANS 2 participants, plus supervisor. All 150 can be triadic. Professional Counselor by examination - what are the requirements? - ANS 1. Must be 18 2. Evidence of high moral character 3. Education - 60 hours of grad education, must be CACREP or Southern Association of Colleges and schools 4. Minimum 2 years supervised post master experience - not less than 10 hours per week, and not less than 50 hours supervision per year 5. Pass exams Upgrading from CPC or CAC to LPC - what are the requirements? - ANS Copy of current renewal certificate, and 1. verification of certification by NBCC 2. OR Verification of 5 years experience as CPC 3. OR following Professional Counseling by Examination rules above *CAC can show PES examination rather than NCE LPC by Reciprocity - what are the requirements? - ANS 1. Hold current license from another state which is in mutual reciprocity agreement w/TN (if MHSP, current license must be MHSP) 2. Evidence of high moral character and professional ethics 3. Pass TN Jurisprudence Exam LPC with MHSP - What are the requirements? - ANS 1. 18+ 2. High moral character/prof ethics 3. Education - 60 hours grad, INCLUDING 9 hours related to diagnosis, treatment, appraisal, and assessment of mental disorders." 4. Supervised experience 5. Pass NCE, NCMHCE, TN Jurisprudence Required Coursework includes: - ANS 1. Theories of human behavior 2. Abnormal 3. Theories of counseling/psychotherapy 4. Evaluation/appraisal 5. Group 6. Counseling techniques 7. Multicultural 8. Ethics 9. Research 10. practicum/internship 11. Use of DSM 12. Treatment planning How many Post-masters Hours required for licensure? - ANS 3000 hours supervised professional experience 1500 must be face-to-face 1500 are clinically-related activities 150 hours of supervision (no more than 50 are group) NCMHCE - what does it stand for? - ANS National Clinical Mental Health Counseling Examination Temporary License - LPC-MHSP - What is required and how long is it good? - ANS 1. Completed coursework 2. Pass NCE * Temporary license only good for 3 years How far in advance must the licensure application be submitted to the board? - ANS 30 days prior to the next board meeting How many days do you have to get your supporting documents to the board? - ANS Supporting documents must be received in the board's office within 60 days of receipt of your application, or your file will be closed. Things to include in LPC licensure application: - ANS 1. Fee 2. Verification of practicum/internship 3. Certified copy of birth certificate 4. Photograph showing full head from the top of shoulders up 5. Graduate transcript - sent directly from the institution to the board 6. Worksheet showing course work 7. Two recent (within last 12 months) letters from professionals showing good moral character - on letterhead 8. Evidence of minimum 2 years supervised experience 9. NCE exam results - sent directly from NBCC 10. Disclosure of law violations, denial of cert/lic, loss of cert/lic, civil suits 11. Criminal background check (performed by vendor listed in application) * NO PERSONAL RESUMES LPC by Upgrade - what does this require in the application, different from the standard application? - ANS Current CPC certificate, with 5 years experience LPC by reciprocity - what does this require in the application, different from standard application? - ANS 1. Must be from a state with mutual reciprocity 2. Original cert/lic, and Renewal certificate from the other state 3. Cert/lic rules and law from other state at the time that applicant was credentialed LPC with MHSP - what is required in the application, different from standard application? - ANS 1. 9 course hours pertaining to diagnosis, treatment, appraisal, and assessment 2. NCMHCE scores - sent directly from the NBCC Temporary License for LPC-MHSP - What is required for application? - ANS 1. Application and fee 2. Proposed supervisor and a copy of the supervisory agreement/employment contract * Do NOT need to have already passed NCMHCE/TN Jurisprudence exams * Only valid for 3 years. May not be renewed. How would a temporary license become invalid? - ANS 1. Expiration of 3 years w/o regular license 2. Failure to continue supervision 3. Change of supervisors without notifying board, submitting credentials, and getting approval. If a temporary license is revoked, how long does the applicant have to return it? - ANS 10 days. Applicant is expected to cause his supervisor to notify the board of any reason he is aware that the license should become invalid. How much are the Application, Renewal, State Regulatory, Temporary License, and MHSP upgrade fees? - ANS 1. Application - $200 2. Renewal - $115 (every 2 years) 3. State regulatory - $10 (every 2 years) 4. Temp lic - $175 5. MHSP Upgrade - $75 If an application is deemed incomplete, how long does the applicant have to complete the requirements for licensure? - ANS 6 months, and then the file will be closed (abandonment of application). A new application would need to be submitted. After being deemed eligible to sit for the NCE/NCMHCE/TN Jurisprudence exams, how long does the applicant have to take and pass these exams? - ANS 12 months *Nora: I presume this means that if you sit for the exam and fail it, but have already submitted your application materials, you have up to 12 months to pass it????? Ask the group....?? See pg 24 in Rules and Regulations How often is license renewal due and when does it occur? - ANS Every 2 years, by the last day of the licensee's birthday. (for me, end of August, every 2 years) If your license has expired, what do you need to provide in order to get reinstated? - ANS 1. Payment of past due fees 2. Payment of late fee 3. Evidence of completion of continuing education requirements. How many supervision hours (out of 150) must be provided by LPC-MHSP? - ANS 75. Additional 75 can be provided by non-MHSP If the Code of Ethics and the State of TN have different requirements, which one takes precedence? - ANS State of TN Training for supervisors - Supervisors must complete one or more of the following: - ANS 1. College or univ class specific to supervision of counseling 2. Supervision certificate by either AAMFT, AAPC, NBCC, Any other board-approved 3. 12 contact hours related to counseling supervision 4. 3 clock hours every 2 years related to counseling supervision What are the minimum requirements for regular direct supervision hours? - ANS 1 hour per week of direct, individual, formal contact who is responsible for the clinical education, development, and guidance of the supervisee- not graduate work in pursuit of licensure Continuing education - how many hours of CE are required, and when? - ANS 20 hours, every 2 CALENDAR years (January — December) How many hours of CE are required for people who hold 2 licenses or certificates? How many for people with 3 certificates or licenses? - ANS 30 every 2 years, with at least 10 hours directly related to each cert/lic 40 every 2 years, with at least 10 hours directly related to each cert/lic How many hours of CE should be related to ethics, specifically? - ANS 3 hours out of the 20/30/40 biennial required Ethics - what subjects are included? - ANS 1. Professional Ethics (ACA) 2. TN Code Annotated - Title 63, Chapter 22 3. Official Compilation, Rules and Regulations of State of TN, Chapter 0450-01 How many hours of continuing education must be devoted specifically to suicide? - ANS 2 hours every 5 years What is the name of the Act that requires Suicide Prevention Training? - ANS The Kenneth and Madge Tullis, MD Suicide Prevention Training Act Describe the circumstance under which a new licensee does NOT need to complete suicide prevention training: - ANS January 1, 2020, the new applicant is not required to complete training on suicide prevention for 2 years after the date of initial licensure IF the applicant can demonstrate completion of a 2 hour academic training program that meets the criteria, and it was completed no more than 2 ears before the application for licensure. Is a person required to complete continuing education in the year that their license is initially approved? - ANS No. Acceptable continuing ed includes: - ANS 1. master/doctoral coursework 2. Educational events sponsored by professional associations 3. Events where an accredited institution grants CEUs 4. Multimedia up to 10 hours per two-year req. (If 2 cert/lic, then up to 15 hours, if 3 cert/lic, then up to 20 hours) How long must documentation regarding CE be retained? - ANS 4 years from the end of the calendar ear for which the CE was required CE - How long does the individual have to respond to an audit request from the board? - ANS 15 days If you use a program as evidence of attendance at CE, what else must you provide? - ANS Two or more of the following: * registration receipt * signed program * cancelled check * hotel bill * name badge * original letter on official stationary, signed by professional associate at the event How much CE is a graduate class worth? - ANS One semester credit hour is worth 10 clock hours for CE If a CE provider is not pre-approved, what must they do to obtain approval for a new course? - ANS 1. Deliver documentation about course to the board 30 days prior to board meeting PRECEDING the course. Documentation includes: * course description/outline * names of lecturers * resume of all lecturers * hours of CE * date * materials to be used * how verification of attendance is documented What must an individual do to obtain course approval? - ANS 1. Submit course documentation (same as listed for CE providers) 30 days before meeting PRECEDING course 2. Submit course evaluation form to the board within 30 days of completing the course what activities will NOT be counted as CE? - ANS 1. Regular work activities, administrative meetings, etc. 2. membership in boards, committees, professional organizations, speeches 3. Training related to agency policy and procedures 4. Non-counseling content courses 5. Independent unstructured or self-learning what are the continuing education requirements for someone whose license has been retired? - ANS 1. If retired without incident, completion of 10 hours of continuing education during the past 12 months 2. If revoked due to negligence of CE compliance, all CE must be completed, as if the license had not been revoked (hours accumulate at same rate as non-revoked lic.). Required CE must have been begun and completed within 12 months. 3. If expired, all continuing ed must be completed as if the license had been active. How does one's license become retired (as opposed to expired)? - ANS ASK THE STUDY GROUP! Why would the board grant a waiver of CE? - ANS If the applicant can show that compliance is beyond the physical or mental capabilities of the person seeking a waiver. Waiver request must be submitted before CE is due. Waiver is only effective for the calendar year for which it is sought. If a licensee is notified that they are not in compliance with CE requirements, how long do they have to respond to the board? - ANS 30 days to show compliance with all lawful requirements for retention of the cert/lic How does one submit evidence of professional experience? - ANS Verification on official letterhead from supervisors or other professional colleagues familiar with the applicant's work. The verifications must specify the number of actual client-therapist hours per week, the methodology utilized, and the types of clients and problems. Discipline: Advisory Censure - ANS Informal and advisory - written action for minor or near infractions Discipline: Formal Censure or Reprimand - ANS Formal - written action for a one time and less severe violation Discipline: Probation - ANS Formal - places professional counselor on close scrutiny for fixed period of time. May be combined with conditions Discipline: Certification/Licensure Suspension - ANS Formal - Suspends an individuals right to practice for a fixed period of time. Discipline: Cert/Lic Revocation - ANS Formal - most severe - removes individual from the practice and terminates license. Must last at least 1 year. Board may allow reinstatement with conditions Discipline: Civil Penalty - ANS Monetary disciplinary action What must the cert/lic holder do to lift the disciplinary action? - ANS Petition and appear before the board, after the duration and all conditions of disciplinary penalties have been met Discipline: Order of Compliance - what is it and why? - ANS Can be requested by an individual if they need to obtain an order reflecting their compliance with a previous disciplinary action. What are the three circumstances where the board will entertain petitions for an Order of Compliance? - ANS 1. Petitioner can prove compliance, and is seeking to have an order reflecting that compliance 2. Petitioner can prove compliance and is seeking an order lifting a previously ordered suspension or probation 3. Petitioner can prove compliance and is seeking an order to reinstate a revoked cert/lic What must the petitioner submit in a petition for order of Compliance? - ANS 1. Copy of the previous order 2. Statement about why they need the order of compliance 3. Documents proving compliance If a petition is submitted to the board, te petitioner may not submit any additional documentation - T/F? - ANS TRUE If the board denies the petition, can the petitioner file a petition for a declaratory order? - ANS Yes, according to the TCA 4-5-223 and -.11 Discipline: Order Modifications - what are they and why? - ANS If the petitioner can prove that compliance with any one or more of the conditions or terms of the discipline is impossible, the board may entertain the idea of modifying the order. Type A Civil Penalty - ANS Imposed for a willful and knowing violation of the Practice Act, where there is imminent substantial threat to the health, safety, and welfare of an individual patient or the public. Example: a person who willfully and knowingly is or was practicing as a professional counselor without a certificate or license from the board. Fee: $500 - $1000 Type B Civil Penalty - ANS Violation of the Professional Counselors and Marital and Family Therapists Practice Act in a manner as to impact directly on the care of patients or the public. Fee: $100-$500 Type C Civil Penalty - ANS Violation which is neither directly detrimental to the clients or public, nor directly impact their care, but have only an indirect relationship to client care or the public. Fee: $50-$100 What are some of the considerations of the board when assessing civil penalties? - ANS 1. Whether the dollar amount will be a substantial economic deterrent 2. The circumstances surrounding the violation 3. the severity, risk, and harm to the public 4. Economic benefits gained as result of non-compliance 5. Interest of the public What types of actions might be enforced during an informal settlement? - ANS * Mandatory education * Submission of reports/documentation * Conditioning of the individual's activities regarding his practice in TN What do you need to provide if you require a duplicate or replacement cert/lic? - ANS Written request documenting the circumstance of the loss or destruction of the original. Must be signed and notarized. How soon must you submit name and/or address changes? - ANS 30 days What must a counselor provide if a client requests client records? - ANS A complete copy OR a summary of the records. It will be the provider's option as to whether copies or summaries are provided. How many members serve on the board? - ANS 5 What is the makeup of the board? - ANS 2 LPCs or CPCs 2 LMFTs 1 citizen How are the board members determined? - ANS Appointed by the governor, to serve for staggered terms of 5 years. How many board members constitute quorum? - ANS 3 What are the roles of the board? - ANS 1. Adopt/revise rules/regs 2. Adopt/admin exams 3. Examine/approve/deny/renew licenses 4. Establish CE requirements 5. Appointment designee to help with duties 6. Conduct hearings What can a board consultant do? - ANS 1. Recommend disciplinary action 2. Recommend terms for informal settlement 3. Anything else as requested/approved by majority vote If you have a question that require a board hearing or vote, when must the question be received? - ANS 14 days before the board meeting When would complaints against an LPC become public information? - ANS Only after the filing of a notice of charges by the Department of Health Where should complaints be sent? - ANS To the Investigations Section of Health Related Boards what is the threshold amount below which medical malpractice judgments need NOT be reported? - ANS $10,000 What are the convictions that must be reported, according to the Health Care Consumer Right-To-Know Act of 1998? - ANS 1. Felony conviction 2. Misdemeanors involving: * sex * alcohol/drugs * physical injury or threat of injury * abuse or neglect of minor, spouse, elderly * fraud/theft How long must one hold onto physical copies of any and all advertisements? - ANS 2 years from the date of last broadcast/publication Licensees shall not compensate employees of press, radio, television, or other communication media in return for publicity in a new item. T/F? - ANS TRUE Autonomy - define - ANS Fostering the right to control the direction of one's life No maledicente - define - ANS Avoiding actions that cause harm Beneficence - define - ANS Working for the good of the individual and society by promoting mental health and well-being Justice - define - ANS Treating individuals equitably and fostering fairness and equality Fidelity - define - ANS Honoring commitments and keeping promises, including fulfilling one's responsibilities of trust in profesional relationships Veracity - define - ANS Dealing truthfully with individuals with whom counselors come into professional contact what is pro bono publico and what does the ACÁ code of ethics say about it? - ANS Counselors are expected to contribute to society by devoting a portion of their professional activities for little or no financial return What is the primary responsibility of counselors? - ANS To respect the dignity and promote the welfare of clients Types of information needed to provide informed consent: - ANS All services provided 1. purposes, goals, techniques, procedures, limitations, potential risks, and benefits of services 2. counselor's qualificationscredentials, relevant experience, and approach to counseling 3. continuation of services in the case of death or disability of the counselor 4. role of technology 5. implications of diagnosis and intended use of tests/reports 6. Fees and Billing, procedures for non-payment 7. Explanation of confidentiality and the limits (imminent harm to self or others), supervisor's role 8. Record keeping 9. Right to participate in counseling plans, and to refuse services or modality changes, and to be advised of the consequences of the refusal There may be limits to confidentiality for mandated clients - T/F? - ANS TRUE What should a counselor do if they learn that their clients are in a professional relationship with other mental health professionals? - ANS They request release from clients to inform the other professionals an strive to establish positive and collaborative relationships. What is the rule regarding Sexual / Romantic Relationships with former clients? - ANS Relationships with order clients, their romantic partners, or their family members are prohibited fora. Period of 5 years following the last professional contact. Counselors must demonstrate forethought and document in written form whether the relationship can be viewed as exploitive in any way, and whether there is potential harm to the former client. (If so, no relationship) What is the rule about engaging in counseling with friends or family members? - ANS Counselors are prohibited from engaging in counseling relationships with friends or family members with whom they have an inability to remain objective. What is the rule about Virtual relationships with current clients? - ANS Counselors are prohibited from engaging in personal virtual (SoCal media, etc.) relationships with current clients. What is the rule regarding previous relationships (casual, distant, mutual membership in organization, community, professional sphere)? - ANS Counselors consider the risks and benefits. When they take these clients, they take appropriate professional precautions to ensure that judgment is not impaired. (Informed consent, consultation, supervision, documentation) Boundary extensions - what should a counselor do if they choose to extend boundaries beyond the counseling relationship (attending wedding/graduation, visiting family member in hospital, etc)? - ANS Consider risks/benefits, document prior to interaction (if possible) the rationale, potential risks and benefits, anticipated consequences. If harm occurs, counselor must show evidence of attempt to remedy such harm. What are some examples of role changes in the professional relationship which would require informed consent? - ANS * individual to family counseling * evaluative to a therapeutic role * counselor to a mediator What is a counselors' role with advocacy? - ANS Counselors advocate to help with growth and development of clients. Prior consent is required. What does the code of ethics say about self-referral? - ANS Counselors at an organization do not refer clients to their private practice, unless this is explicitly laid out as part of the policy of the organization. In all cases, other options are also presented. what does the ACA coe say about Fee splitting? - ANS Counselors do not participate in fee-splitting, commissions, rebates, or other remuneration when referring clients for professional services. What does the ACA code say about bartering? - ANS Counselors may barter ONLY if it doesn't result in exploitation, the client requests it, and if bartering is an accepted practice in the community. Consider cultural implications. Can clients refer prospective and current clients based solely on the counselor's personally held values, attitudes, and beliefs? - ANS No. Counselors must respect the diversity in clients and seek training when necessary. When should counselors terminate a counseling relationship? - ANS * when it becomes apparent that the client no longer needs assistance, is not being helped, or is being harmed by the continuation. Counselors may terminate counseling when in jeopardy of harm by the client or another person with whom the client is involved, or if the client does not pay agreed fees. when should a counselor request private information from clients? - ANS Only when it is beneficial to the counseling process When does the requirement of confidentiality not apply? - ANS When disclosure is required to protect clients or identified others from serious and foreseeable harm, r when legal requirements demand that information must be revealed. What does the code say about confidentiality in end-of-life decisions? - ANS Counselors with terminally ill individuals who are considering hastening their own deaths have the OPTION to maintain confidentiality, depending on the applicable laws and specific circumstances. Counselors must also seek consultation or supervision on this. Are there exceptions for Contagious, life-threatening diseases? - ANS Yes. Counselors may be justified in disclosing this information to identifiable third parties, if they are known to be at serious and foreseeable risk of contracting it. Counselors must assess the intent of clients to inform, and must adhere to relevant state laws concerning disclosure.