MN Psych Juris flashcards
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- Minnesota Psychology Practice Act
- Minn. Stat. §§ 148.88–148.941; the statute governing licensure, scope of practice, and Board authority over psychologists in Minnesota.
- Practice of psychology definition
- Statutory definition covering observation, evaluation, interpretation, and modification of behavior to prevent or alleviate maladaptive behavior, per Minn. Stat. § 148.89.
- Title protection
- Only licensed psychologists may use the title "psychologist" or represent themselves as providing psychological services; unlicensed practice is prohibited.
- Academic exemption
- Employees of accredited academic institutions performing duties within the institution, and students under supervision, are exempt from licensure requirements.
- Continuing education requirement
- Minnesota psychologists must complete 40 contact hours per biennium, including ethics and cultural competence topics, to renew licensure.
- Doctoral degree requirement
- Licensure requires a doctoral degree in psychology from a regionally accredited program meeting Board criteria, or an approved foreign equivalent.
- Post-doctoral supervised hours
- Applicants must complete approximately 1,800 post-doctoral supervised hours over at least one year under a Board-approved supervisor.
- Supervision ratio
- At least one hour of face-to-face supervision per 20 hours of practice, with minimum individual supervision hours set by Board rule.
- EPPP and jurisprudence exam
- Licensure requires passing the Examination for Professional Practice in Psychology plus the Minnesota jurisprudence examination, with Board-set passing scores.
- Licensure by reciprocity
- Psychologists licensed in another jurisdiction with equivalent requirements may qualify for Minnesota licensure through Board review and jurisprudence exam.
- APA Ethics Code adoption
- Minn. R. 7200.4000 adopts the APA Ethical Principles and Code of Conduct as the Minnesota standard, with state-specific additions.
- Informed consent elements
- Consent must cover nature of services, fees, confidentiality limits, risks, benefits, and right to withdraw, documented before services begin.
- Competence boundary
- Psychologists must practice only within their training and experience and obtain consultation or refer when services fall outside competence.
- Record retention period
- Records must be kept at least seven years after the last service, and longer for minors, per Minnesota statute and Board rule.
- Psychotherapist-patient privilege
- Minn. Stat. § 595.02, subd. 1(g) protects confidential communications between a client and psychotherapist in legal proceedings.
- Privilege waiver
- The client holds the privilege and may waive it; waiver can be express or implied by placing mental condition at issue.
- Minnesota Health Records Act
- Minn. Stat. § 144.291 et seq. grants clients access to their records, with limited exceptions for information harmful to the client.
- Record release authorization
- Written authorization must specify recipient, purpose, and expiration, and must comply with HIPAA and Minnesota law before records are released.
- Child abuse reporting
- Minn. Stat. § 626.556 requires mandated reporters, including psychologists, to report suspected maltreatment within 24 hours to the local agency or police.
- Vulnerable adult reporting
- Minn. Stat. § 626.557 requires immediate reporting of suspected maltreatment to the Common Entry Point, with written follow-up within 72 hours.
- Reasonable suspicion standard
- Mandated reporters must report when they have reasonable suspicion of maltreatment; certainty is not required before making a report.
- Duty to protect
- Minnesota case law and ethics support warning or protecting identifiable victims when a client poses serious imminent danger of harm.
- Duty to protect options
- Options include warning the victim, notifying law enforcement, arranging hospitalization, increasing treatment intensity, or consulting a colleague.
- Multiple relationships
- Secondary relationships with clients or family members are discouraged when they could impair objectivity or risk exploitation, and must be managed.
- Sexual relationship prohibition
- Sexual relationships with current clients, their family members, or former clients within two years are prohibited under Minnesota ethics rules.
- Impaired competence
- Psychologists must not practice when personal problems such as illness, substance use, or burnout impair competence; they must seek help and limit practice.
- Cultural competence
- Psychologists must obtain training or consultation when serving populations outside their existing competence, including culturally diverse clients.
- Board complaint process
- Complaints to the Minnesota Board of Psychology are investigated and may be dismissed or referred to a disciplinary panel for action.
- Grounds for discipline
- Grounds include fraud in licensure, incompetence, negligence, unethical conduct, impairment, and violation of Board orders.
- Due process rights
- Licensees are entitled to notice, a hearing, counsel, and review by an administrative law judge in contested disciplinary cases.
- Custody evaluation standards
- Minn. Stat. § 518.165 requires specialized competence, impartiality, informed consent from both parents, and avoidance of dual roles in custody evaluations.
- Court testimony role
- Psychologists may testify as fact or expert witnesses but must base opinions on adequate data and disclose the limits of their conclusions.