AK Psych Juris cheat sheet
AK Psych Juris ยท Keep the key ideas within reach.
Alaska Statutes and Regulations Governing Practice
Licensure required: Alaska Statute 08.86.010โ08.86.900 governs psychologists; license required to practice or offer to practice psychology in the state.
Board authority: Alaska Board of Psychologists (AS 08.86.020) adopts regulations, sets fees, approves supervised experience, and disciplines licensees.
Scope: psychology practice defined as rendering services involving the application of principles of human behavior for diagnosis, prevention, treatment, and amelioration of psychological problems (12 AAC 60.010 et seq.).
Title use: Only licensed psychologists may use the title 'psychologist' or any derivative; unlicensed persons may not imply licensure (AS 08.86.200).
Licensure requirements: doctoral degree in psychology from an accredited program, supervised postdoctoral experience (typically 2 years), and passing EPPP and jurisprudence exam (12 AAC 60.200).
Renewal: licenses renew biennially by December 31 of odd-numbered years; continuing education requirement (e.g., 24 hours per renewal cycle, including ethics) per 12 AAC 60.300.
Reciprocity: Board may license by credentials from another jurisdiction if standards substantially equivalent (AS 08.86.130).
Discipline: Board may suspend, revoke, or reprimand for unprofessional conduct, incompetence, or violation of statutes/regulations (AS 08.86.210).
Confidentiality statute: AS 08.86.200 makes communications between psychologist and client privileged; exceptions include client waiver, court order, and mandatory reporting.
Ethical Standards and Professional Conduct
APA Ethics Code (2017) applies to all psychologists; Alaska regulations incorporate ethical standards by reference (12 AAC 60.180).
Five general principles: beneficence/nonmaleficence, fidelity/responsibility, integrity, justice, respect for people's rights and dignity.
Ten enforceable standards include: resolving ethical issues, competence, human relations, privacy/confidentiality, advertising, record keeping, education/training, research, assessment, therapy.
Multiple relationships: avoid if could impair objectivity or risk exploitation; not all multiple relationships are unethical (APA 3.05).
Informed consent required for therapy, assessment, research, and supervision (APA 3.10, 8.02, 10.01).
Boundaries of competence: provide services only within education, training, supervised experience, or appropriate professional experience (APA 2.01).
Alaska-specific: unprofessional conduct includes failure to maintain confidentiality, practicing beyond competence, and failure to report child abuse (12 AAC 60.180).
Ethical decision-making: identify dilemma, consult ethics code/law, consult colleagues, consider cultural factors, choose and document action.
Confidentiality, Privileged Communication, and Recordkeeping
Privilege belongs to the client, not the psychologist; psychologist asserts privilege on client's behalf unless waived (AS 08.86.200).
Confidentiality exceptions: client waiver, court order, mandatory reporting of child/elder abuse, imminent danger to self/others, and board investigations.
HIPAA privacy rule applies to covered entities; psychotherapy notes require separate authorization for release (45 CFR 164.508).
Alaska child abuse reporting: AS 47.17.020 requires immediate report to Office of Children's Services; psychologist-client privilege does not apply.
Records: maintain for at least 7 years after last contact or 3 years after minor reaches majority, whichever is longer (12 AAC 60.250).
Release of records: requires written client authorization except for court order, subpoena with proper notice, or emergency.
Subpoena response: do not release records solely on subpoena; verify court order or client authorization, notify client, and assert privilege if instructed (APA 6.04).
Test data: release only to qualified professionals; protect test security (APA 9.04, 9.11).
Minors: parents/guardians generally consent to treatment and access records, but Alaska law allows minors to consent to certain services (e.g., mental health after age 14? verify).
Informed Consent, Client Rights, and Boundaries of Competence
Informed consent elements: nature and purpose of services, fees, confidentiality limits, risks/benefits, alternatives, right to withdraw (APA 10.01).
Document consent: written consent preferred; obtain at outset and when treatment plan changes.
Client rights: Alaska Mental Health Consumer Rights Act (AS 47.30.730) guarantees dignity, privacy, and treatment planning participation.
Competence: practice only within boundaries; obtain consultation or refer when client needs exceed competence (APA 2.01).
Cultural competence: consider cultural background in assessment and treatment; Alaska Native cultural considerations are relevant.
Emergency: informed consent may be waived when immediate action needed to protect client or others (APA 3.10).
Minors: obtain assent and parental permission; note Alaska statutes on minor consent (e.g., AS 25.20.025 for emancipated minors).
Telehealth: verify client identity, location, and emergency resources; obtain informed consent for technology-based services (APA 3.10).
Mandatory Reporting, Duty to Protect, and Subpoenas
Alaska mandatory child abuse reporting: AS 47.17.020 requires immediate report to OCS; failure is a misdemeanor.
Elder abuse: AS 47.24.010 requires report of suspected abuse, neglect, or exploitation of vulnerable adults.
Duty to protect: Alaska follows Tarasoff-type duty; psychologist must take reasonable steps to protect identifiable victim when client poses serious danger (e.g., warn, notify police, hospitalize).
Duty to warn/protect is not automatic; assess risk, document rationale, and take least intrusive effective action.
Subpoena vs. court order: subpoena is a request; court order is a mandate. Respond to subpoena by asserting privilege unless client waives or court orders disclosure.
When subpoenaed: notify client, seek client consent, and if not forthcoming, seek protective order or court guidance (APA 6.04).
Testimony: may testify as fact witness or expert; clarify role and avoid dual roles.
Document all risk assessments, consultations, and actions taken in duty-to-protect situations.
Supervision, Consultation, and Delegation
Supervision required for licensure: postdoctoral supervised experience per 12 AAC 60.200; supervisor must be licensed psychologist.
Supervision contract: written agreement specifying goals, methods, evaluation, and due process (APA 7.06).
Supervisor responsibilities: ensure supervisee competence, client welfare, and ethical practice; review cases and provide feedback.
Delegation: psychologist may delegate tasks to assistants/psychometrists, but retains responsibility for client care and must ensure competence (APA 2.05).
Consultation: seek consultation when facing complex or ethical dilemmas; document consultation (APA 2.01, 3.05).
Supervisee rights: informed consent to supervision, confidentiality of supervisee disclosures, and evaluation criteria (APA 7.04โ7.06).
Tele-supervision: allowed if secure and meets board requirements; verify regulations (12 AAC 60.200).
Recordkeeping for supervision: maintain supervision logs and evaluations for board audit.
Advertising, Fee Setting, and Business Practices
Advertising must be accurate, not misleading, and not create false expectations (APA 5.01).
Prohibited: testimonials from current clients, solicitation of vulnerable persons, and claims of unique skills not supported.
Fee setting: establish fees at outset, disclose changes in advance, and avoid exploitation (APA 6.04).
Bartering: permitted only if not exploitative and culturally appropriate; document agreement (APA 6.05).
Referral fees: prohibited; split fees only for services actually rendered (APA 6.07).
Insurance billing: accurately report services; avoid fraudulent claims.
Termination: plan for continuity of care; do not abandon clients (APA 10.10).
Business records: maintain financial records and billing documentation for at least 7 years.