Legal Framework - Eppp Knowledge

1. What is the term for federal law overriding or displacing state law in a regulated area?

   Federal preemption. Occurs when federal law supplants state law in a particular field due to congressional intent or direct conflict.

2. Which federal law governs confidentiality of substance use disorder treatment records in many programs?

   42 CFR Part 2. Imposes strict confidentiality requirements on records from federally assisted substance use disorder programs, often exceeding HIPAA standards.

3. What is the default rule when a state law is stricter than a federal minimum standard for practice?

   Follow the stricter law unless it is preempted by federal law. States may impose higher standards than federal minimums unless Congress expressly or impliedly preempts such regulation.

4. Which interstate mechanism can authorize practice in multiple states without full licensure in each state?

   PSYPACT (Psychology Interjurisdictional Compact). Enables licensed psychologists in participating states to provide telepsychology or temporary in-person services across compact states.

5. Which federal law provides a framework for emergency evaluation and stabilization in emergency departments?

   EMTALA. Requires Medicare-participating hospitals to provide emergency medical screening and stabilization regardless of a patient's ability to pay.

6. Which federal privacy rule sets nationwide standards for protected health information in health care?

   HIPAA Privacy Rule. Establishes national standards for protecting individuals' medical records and other personal health information held by covered entities.

7. Which state law doctrine most directly affects duty to protect or warn third parties from patient violence?

   State duty-to-protect/warn law (statute or case law). Imposes a duty on mental health professionals to take reasonable steps to protect identifiable victims from foreseeable harm by clients.

8. Identify the controlling law: HIPAA permits disclosure, but state law prohibits it without consent.

   State law controls if it is more protective and not preempted. When state law provides greater privacy protections than HIPAA and is not preempted, it governs the disclosure.

9. Which legal concept determines whether a psychologist may practice across state lines via telepsychology?

   State licensure jurisdiction (patient location typically controls). Practice authority is typically determined by the state where the patient is physically located at the time of service.

10. Which federal law protects education records and applies to many school-based psychological services?

    FERPA. Protects the privacy of student education records and governs access in educational institutions receiving federal funding.

11. Which federal statute prohibits disability discrimination and often requires reasonable accommodations?

    Americans with Disabilities Act (ADA). Prohibits discrimination against individuals with disabilities in employment, public services, and accommodations, mandating reasonable adjustments.

12. Which option best describes how HIPAA interacts with more protective state confidentiality laws?

    HIPAA is a floor; more protective state law generally controls. HIPAA sets baseline protections, allowing states to enforce stricter privacy rules that are not contrary to federal requirements.

13. Which state law category most directly sets mandatory reporting duties for child abuse and neglect?

    State mandatory reporting statutes. Specify who must report suspected child maltreatment, to whom, and under what circumstances, varying by jurisdiction.

14. Which HIPAA rule limits use and disclosure of psychotherapy notes more than other PHI?

    HIPAA Privacy Rule (special protection for psychotherapy notes). Provides heightened protections for psychotherapy notes, requiring specific authorization for most uses and disclosures beyond general PHI rules.

15. Which federal law prohibits disability discrimination in federally funded programs (including many hospitals)?

    Rehabilitation Act of 1973, Section 504. Ensures no qualified individual with a disability is denied benefits or subjected to discrimination in programs receiving federal financial assistance.

16. Which federal law sets minimum standards for job-protected leave for serious health conditions?

    Family and Medical Leave Act (FMLA). Entitles eligible employees to up to 12 weeks of unpaid, job-protected leave for qualifying medical and family reasons.

17. Which HIPAA rule requires administrative, physical, and technical safeguards for ePHI?

    HIPAA Security Rule. Mandates safeguards to ensure the confidentiality, integrity, and availability of electronic protected health information.

18. Which state law area most directly governs involuntary civil commitment criteria and procedures?

    State mental health/civil commitment statutes. Define state-specific criteria, such as danger to self or others, and procedural safeguards for involuntary hospitalization.

19. Which federal law requires most employers to keep workplace medical records confidential?

    Americans with Disabilities Act (ADA) confidentiality provisions. Mandates that medical information collected during employment-related inquiries be treated as confidential and stored separately from personnel files.

20. What is the HIPAA concept that disclosures should be limited to what is needed for a purpose?

    Minimum necessary standard. Requires covered entities to limit uses, disclosures, and requests of protected health information to the least amount needed for the purpose.

21. Which federal law requires reporting of suspected child abuse for certain federal settings and personnel?

    Child Abuse Prevention and Treatment Act (CAPTA) framework. Provides federal funding to states and establishes minimum standards for child abuse reporting in federally supported programs.

22. Which legal principle determines whether federal or state law controls when they conflict?

    Supremacy Clause (U.S. Constitution, Art. VI). This clause establishes that the Constitution and federal laws are the supreme law of the land, overriding conflicting state provisions.

23. Identify the controlling law: state law allows disclosure, but a federal statute forbids it in this setting.

    Federal law controls under the Supremacy Clause (preemption). The Supremacy Clause ensures federal law prevails over conflicting state law through express or implied preemption.

24. Which federal law bars employment discrimination based on race, color, religion, sex, or national origin?

    Title VII of the Civil Rights Act of 1964. Prohibits workplace discrimination on specified protected grounds and applies to employers with 15 or more employees.

25. Which state-level legal source primarily defines psychologist licensure, scope of practice, and discipline?

    State psychology licensing statute and board regulations. These govern requirements for obtaining and maintaining a psychology license, permissible activities, and grounds for disciplinary action within the state.

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