Question 1

Accepted Answer

> 1. A psychologist called and is wondering on what the legal/ethicaln> practice is regarding if she were to leave a company practice forn> another practice. She understands that the contract covers ifn> she is unable to come to work then someone would take over.

> However, she is wondering about when a client wants to stay with H.

>n> She has these questions:>n> * Who owns the filenThe practice.

> * Who owns the client (as in, can the client follow her if theyn> want and if the do.

Typically the clients and their files belong to the practice. The associate should discuss with the practice what to do if a client requests to follow the associate. IF the practice is okay with it (the practice does not have a non-compete clause or similar restriction on associates who leave and/or the practice is okay with clients following the associate), clients could choose to follow the associate, or the practice could choose to make another psychologist available in the practice to continue working with the client.

Does she have to create a new file.

If a client was able to follow the associate, then the associate would start a new file in the new practice. This would require a new consent form with the new practice. As part of that consent process, the client could be advised that they could request a copy of the file be transferred from the old practice to the new practice. The old practice would be able to charge a fee to the client, though it would not be mandatory to do so. The Personal Health Information Act (PHIA) has regulations which outline acceptable fees.

> * What obligation does the company have if they own the file to ensuren> that she completes all necessary paper worknAs noted the practice owns the files. The practice's obligations are more for the practice to address than the associate to advise the practice what NSBEP says. I am not sure what paperwork is being referred to here? However, I would say that the practice would want to ensure that active clients are notified that the associate is leaving and there is an option for active clients to continue receiving services if desired.

> * What is her obligation in this situation.

The associate should discuss an exit plan with the practice. This would include ensuring that active clients are notified that the associate is leaving either notified by the associate or by the practice (but again, that is why the associate should be discussing this matter with the practice). If care/service is not complete with the clients before the associate leaves, the associate should ensure that there is either someone else who can take on the client in the practice, or there is another option for them to keep receiving services if desired.

Question 2

A psychologist called and she has a question regarding being subpoenaed. she has withdrawn from the Candidate registry while she is doing her residency.

She is being subpoenaed regarding a former client and she is wondering if she should be testifying since she is not on the registry. A psychologist co-singed the reports and attended and spoke at a conference on this matter. she is wondering:- if the other psychologist should be the one to testify and is she allowed to testify if she is not on the registry.

Accepted Answer

Thank you for informing NSBEP about being subpoenaed for court. Considering the circumstances you have noted, NSBEP would not have a problem with you attending court while being off the register. You would simply need to be clear to the Court about your current registration status with NSBEP (that you were on the Candidate Register but are currently off the register). While we understand that you are suggesting it might be more appropriate for the other psychologist to testify, ordinarily once a person is subpoenaed, he/she would not have a choice about whether to attend or not (or suggest someone attend in their place), so we cannot provide advice on this matter. If desired, you would be able to contact your professional liability provider's pro bono hotline for legal advice. Tail Insurance coverage (and presumably this service) usually extends for a certain period following one's policy being active.

Additionally, in relation to subpoenas in general, we usually note to registrants that there is an FAQ documents provided by the Supreme Court, Family Law Nova Scotia, and Nova Scotia Public Prosecution Service.

Here are the URLs:

https://www.nsfamilylaw.ca/processes/witnesses-subpoenas

https://novascotia.ca/pps/faq_witness.asp

Question 3

A psychologist called, and she is wondering if she should tell a patient of hers who is going for an assessment with a psychologist who has had disciplinary action from NSBEP. Is this something she should do?

Accepted Answer

The psychologist is registered to practice, so has/is completing any requirements as part of the action. Client has the right to know about past discipline - that is why we so post disciplinary decisions on the website. However, I don't think it would be the responsibility of the psychologist to bring to the client's attention unless they thought there would be harm to the client.

Question 4

A psychologist called, and she is wondering if the Board has an opinion on psychologist refusing to see patients who have not had a vaccination. Especially if they have someone in their household who is compromised. I had a look in the FAQ and didn't see this question.

Accepted Answer

No, this is not a questions that we have received before. Gordon and I reviewed the COVID-19 Guidelines for Private Practice. We do not feel that refusing to see someone in this circumstance would be supported. However, the guidelines would provide other steps that the psychologist could take. The psychologist could consider virtual care, if appropriate. Additionally, the psychologist could combine some of the measures allowed in the guidelines such as both wearing a mask and social distancing.

Question 5

A Psychologist had a lawyer write to her on one of her files. This lawyer obtained one of her files on a previous patient. Her previous employer released the file and she did not have the opportunity to review the file. This file contained raw data and may have had notes written by her which may be misconstrued, she is not sure what is in the file since she didn't review if prior to being released.

When she called the Lawyer's office on this, the receptionist told her that she could not help her. The psychologist is concerned about the raw data and notes as well as the fact she didn't review the file.

Accepted Answer

To address your concerns;nWhen the practice is the custodian of client files, they would have obligations under PHIA legislation (and any other legal obligations associated with the role of custodian) in order to respond to requests for file information, in the manner they deem appropriate in relation to their PHIA obligations. In some settings, a previous employer might provide a courtesy call to let one know that they have released the file, however, if one is no longer an employer, the prior employer is not required to do this.

nNSBEP cannot provide specific recommendations as it would note that you are no longer an employee at the practice. However, NSBEP recommends obtaining legal consultation - especially if you feel it would be helpful in responding to the lawyer who has written to you. You could always start with the pro bono legal hotline that is part of your insurance.

For more information on release of file materials, please consult the "September 2014 – Position on Release of File Materials (including raw data and test materials)"

https://www.nsbep.org/wp-content/uploads/2014/09/Raw-Data-General-Disclosure.pdf

Question 6

A psychologist is currently seeing a 19yr woman (approx.. 4 times so far), this 19 yr old client has an eating disorder. Mom and Dad have split, and they had shared custody, however client has not seen her father in over a year. The 19-year-old told Mom and her psychologist about emotional and physical abuse by the father.

The father remarried and the 19- year-old has a good relationship with her stepmom. They have a 3-year-old daughter. Father and stepmom have split, and the 3-year-old is showing signs of emotional abuse (when she comes home from father's tells her mom she is a bad mom). The stepmom is requesting supervised visit with father.

The Stepmom would like the psychologist to write a letter stating that she doesn't feel it is in the best interest for the 3yr old to have unsupervised visits and that the 3yr old is showing signs of abuse. This is all hearsay to the psychologist, and she is looking for guidance on what she can write if anything in this situation.

Accepted Answer

Based on the information provided by the psychologist, her choice not to write this letter would appear to be consistent with standards and guidelines around providing any type of opinion relating to parenting , custody and associated issues, etc. As described in the NSBEP Custody and Access Evaluation Guidelines "the psychologist uses multiple avenues of data collection to arrive at his/her professional opinion"nIf the psychologisgt had information she deemed credible that a child was in need of protection, she would make a report to Children and Family Services but she does not appear to have made this determination. Optionally she may always consult with the hospital's legal department if she wanted their opinion on the legal bases of reporting what she noted was hearsay. Finally, if the daughter and mother feel they posses such information to report, they would be able to report to DCS, rather than having the psychologist write a letter of opinion.

Question 7

A psychologist who currently has a status of "Inactive" and she is wondering if she is allowed to write a report for a former client who was involved in a Motor Vehicle accident and is pursuing a legal case. The psychologist who she referred this person to only saw this person one time and is uncomfortable writing a report.

Accepted Answer

I discussed this with the Registrar and he made some good points.

"I think allowing permission to do it just once could set a bad precedent. Could also put us and or a registrant in a bad light with respect to third parties such as Insurance (if they respond to a claim made by the client), and so forth. If she was reinstated, that would show up on her online listing for the relevant period (would it not)? If $ is an issue, maybe reinstatement could be for less than a month and prorated accordingly?"nTherefore, I would say to the psychologist that you looked into / consulted on this matter, but Policy would not allow this work to be conducted while one is on the Inactive Register. However, in these circumstances, we could certainly place you back on the full register for a limited time to do this work. If you would like to do this then we could arrange for you to pay the pro-rated registration fee for one month ($67.08),I think if a registrant were subpoenaed to court we would consider it. But not as sure here.

Good of her to check in and I appreciate the tendency to accommodate in this case, but this would run afoul of the inactive register. I am thinking she could just pay a pro-rated fee for one month only ($67.08) and do it all above board, so to speak. Leave it with me and I will talk with the Registrar.

Question 8

A psycholotist is wondering on how long he should retain files on clients. The clients that were under the IWK and Clinic are no problem they will be stored by them. However, he has old files going back 20 years that are no longer a reflection on who these people are today. Could he hold on to them or dispose of them.

Accepted Answer

Thank you for sending and offering to provide the response. Below is the answer based on NSBEP Standards of Practice. Feel free to email him and also provide a brief answer by phone (if you are corresponding by phone with him)

For clients who were adults at the time of last contact with them, their files should be kept for 10 years.

For those who were under the age of 18 when seen by the psychologist, their files should be kept 10 years following the date of the client's 18th birthday. Here is the link to and quote from 7.4 of the Standards of Professional Conduct:

https://www.nsbep.org/downloads/Binder_Standards_Legislation_Guidelines.pdf

"Unless otherwise required by law a registrant shall retain both individual and corporate client records for at least ten years following the last client contact. If an individual client was less than eighteen years of age at the time of last contact, the individual client record shall be retained for ten years following the date of the client's eighteenth birthday..."

Question 9

Can a request for a chaperone, either in person or via telepsychology be denied? In this case the client was assaulted by a physician.

Accepted Answer

While I appreciate the background information, the answer to the question is still yes. However, I would not want to leave it at that without providing the rationale for my reply: it is possible that having another person present in the session, who is not even speaking, could affect the assessment and/or intervention process with the psychologist.

Question 10

Change of status by registrant at time of renewal.

Previous renewal Category: Out of ProvincenCurrent renewal Category: full register ( Registrants and Candidates)

Accepted Answer

If a registrant would like to change their status from Out-of-Province to Full then we will require proof of their registration in the other jurisdiction. If he can provide this proof then we can change his registration from out-of-province to Full registration. Such proof does not have to be any special letter or form just something verifying his registration is active.

Question 11

Could the company itself and not a specific psychologist?I also have a question regarding the custodian of files I have selected. Is it possible to list a corporation as a custodian of files for private practice clients? I am currently contracted with True North Psychological Services but had to choose a psychologist from the drop down menu to act as a custodian of files. All of my files (electronic and paper) are at the office there or on their electronic database. She and I have concerns about listing her as a custodian, particularly in the event that she leaves the practice. Is there a way to list True North as the custodian of files? I look forward to your response.

Accepted Answer

Yes. In a group practice, where psychologists are employees, not an owner or operator of the practice, it would generally be seen as the organization who is the custodian. In such a case, it would be more appropriate to state the organization's name rather than an individual employee who may leave the practice. The reason NSBEP seeks this information on the renewal form is really out of concern for psychologists who operate their own practice and so that we could find out who could be contacted in the event of their death or incapacity. In the case of a group practice we would direct former clients to contact the practice, not individuals in the practice.

Yes, and this would typically be the case where the psychologist is an employee or the organization. Under PHIA legislation, the operator of the organization could be custodian:(i) a regulated health professional or a person who operates a group practice of regulated health professionals,

Question 12

Could you please let me know if a person having a criminal record in Canada could be admitted to the Nova Scotia Board of Examiners in Psychology.

More particularly, I read the Psychologists Act (2000, Halifax) and I would like to know more about the discretion of the board (i.e. sections 15(4)a), 16(3)a) and 34(2)) regarding a criminal record concerning an event of violence, namely an assault.

Accepted Answer

As the regulator of the profession of psychology in Nova Scotia, the Board is statutory mandated to serve and protect the public interest. The Board accomplishes this mandate, in part, through its registration processes set out in the Psychologists Act.

A criminal conviction does not automatically disqualify an applicant from registration with the Board. In reviewing an application for registration, the Board considers criminal convictions along with all the other information submitted by the applicant in order to determine whether the applicant is able to practise psychology in a safe, competent, and ethical manner. If there are reasonable grounds to believe that an applicant will practise in a manner contrary to the public interest or if there is a nexus between the criminal conduct and the applicant's ability to practise psychology, the Board may decline registration.

I trust you will find this information helpful.

Question 13

Courtesy Registration request

Accepted Answer

This is to confirm that your Courtesy Registration has been set up with the Nova Scotia Board of Examiners in Psychology as per the timeframe requested by you on January 4, 2019nThe Courtesy Registration has been authorized from January 1, 2019 until the end of 2019.

Courtesy Registration provides 21 days of practice per calendar year. However, should you require registration again next year, a new request would need to be submitted, and you would be required to have your regulatory body complete an updated version of the Confirmation of Good Standing for Courtesy Registration Form.

Please note that Courtesy Registration is conditional upon the psychologist's registration remaining in good standing in their home jurisdiction.

Question 14

Custodian of files questio

Accepted Answer

Retired registrant can act as custodian of files

Question 15

Family Court

Accepted Answer

We certainly appreciate the concerns she is sharing about the raw data going to a non-psychologist or someone not competent to review it. However, our understanding is that psychologists would be legally required to bring to court with them any documentation required by the subpoena. Once at court they could raise their objections and request that the raw data be reviewed by a psychologist. However, ultimately the Court would make the determination, not the psychologist. She may also wish to review the Board's position statement on the release of file materials.

https://www.nsbep.org/wp-content/uploads/2014/09/Raw-Data-General-Disclosure.pdf

Question 16

Good morning,I have a couple of questions regarding expanding competencies.

I am currently competent diagnosing learning disorders, ADHD, and anxiety related disorders in children, adolescents, and adults in educational settings, like university, and continue to receive supervision in these areas.

My graduate training had a heavy emphasis on differential diagnostics pertaining to learning disorders, ADHD, anxiety, mood related disorders, and eating disorders. However, during practicum and internship I only focused on learning disorders, ADHD, and anxiety disorders.

To become competent in diagnosing mood related disorders what steps would I have to take? I know supervision would be a must. In terms of coursework, what would be required?After speaking with the office administator at NSBEP this morning, I am following up on my enquiry regarding an individual who is performing assessments and preparing to do group work prior to her receiving her license.

A psychologist was hired by NSHA in the Central Zone as a Psychologist with the Sexual Offender Program in November. She was to begin doing some part time work in Northern Zone this week. When our (Northern Zone) admin. person checked with her, to get a copy of her license, she was advised that the pcychologist isn't scheduled to defend her thesis until the end of January and would not get a license until after that when she graduates. She is not a candidate registrar.

This raised some concerns about her ability to work and, when asked, her manager who indicated that yes the psychologist was working but she was signing off on her work as would be done with a resident. This is not a practice that I am familiar with and wanted to get clarity from the board as to whether or not a student can be performing duties associated with the role of a psychologist when unlicensed/unregistered with a registered psychologist signing off on the work. We understand that a candidate registrar can work with supervision until they are past the candidate stage but I was not aware that this could be done with someone who was still a student and not registered at all.

I would appreciate your guidance in outlining what a student can/cannot do pending their registration and if that changes with the option of being under supervision.

Because assessments have already been booked, a response at your earliest convenience would be greatly appreciated.

Accepted Answer

To expand one's competence and/or scope, the Board recommends that candidates refer to the Learning Plan process in page 21 of the Supervision Handbook:

https://www.nsbep.org/downloads/SupervisionHandbook.pdf

As you will note, part of the process involves looking the candidate and their supervisor considering what may have already been completed in the past as part of the individual's graduate level training and then considering what didactic activities would be proposed as part of the plan.

Once you complete this process, you could submit your plan and Registration Subcommittee of the Board would need to review the plan in order to provide feedback.

Yes this is possible and I noted that the supervisor has indicated she is providing oversight. More information is outlined in page 3 of the following document for employers and candidates. This person can feel free to share this information with others she feel it will benefit. Here is a link to the document from the Board's website.

n

https://www.nsbep.org/downloads/Information_for_Employers.pdf

Question 17

Good morning. I hope all is well during these times. I have a few questions about reinstating my registration. I may well be taking time off work in the 2020-21 school year. Here are my questions: First, what happens if you have take time off the register for more than two years? Secondly, if I register in September, is the fee prorated and how much would it be approximately? Thank you,F/up Questionsnam just following up with submitting a new application after two years. Does that mean you need to start from the beginning with supervision and all the required exams. thank you,

Accepted Answer

Hi,To answer your questions, the Board would have to pre-approve your reinstatement to the Register. For more information about the requirements and timeframe to request reinstatement, please see the attached letter from the Registrar sent January 31, 2020.

If you were to request reinstatement of your registration for the pro-rated period September to December 31, 2020, the pro-rated registration fee would be $268.32, plus the $50 reinstatement fee.

If you were off the registry for more than two years, the Psychologists Act would require you to submit a new application.

F/up ResponsenTo answer your question about reapplying after 2 years (versus requesting reinstatement up to a 2 year period), we would not require transcripts as we have these on file. However, we would require the application process to be completed and the following supporting documentation submitted:Criminal Record ChecknChild Abuse Checkn3 ReferencesnUpdated CVnPhoto IDnApplication Fee ($250)

Information requested in the Registrar's letter dated January 31, 2020nOnce all of the application requirements are met, the application would be submitted to the Board Registration Subcommittee for approval at the next Board Meeting.

As for your question on when the two-year deadline is. Since your registration expired December 31, 2019, the two years would be up December 31, 2021.

Question 18

Has not been a NSBEP supervisor before

Accepted Answer

This is not the same scenario that you forwarded to me the other day when she said that her current NSBEP Supervisor could not supervise her. She asked about having one of her prior supervisors take on the role and, based on it being a prior supervisor of hers, I saw no problem.

Whereas her supervisor indicates she has not been in the role of NSBEP supervisor before and is Professional Practice Leader (I think the Board would view this as a dual role/conflict that should be avoided unless there is information she has about the arrangement that would suggest it would not be) this may not be viable.

If there is another psychologist in the IWK, who has provided NSBEP supervision in then past, that her supervisor can approach to provide interim supervision to her that would be the best approach. In such a case, we should have the Supervisor's Consent Form for the Supervisor (provided we have an existing copy of their CV on file from having served in a prior supervision role in the past).

Question 19

Hello,I am not renewing my registration as a retired psychologist in Nova Scotia.

Thank you.

Accepted Answer

Please change his status to withdrawn in the database, effective January 1, 2021.

Appreciate him letting us know that he is not renewing, so no suspension will be required for him.

Question 20

Hi – We are doing a little internal discussion regarding psychology services and I am hoping to find some information. I am looking through your website to find information on the professional requirements for psychologists to complete assessments prior to initiating treatments for those that have already been assessed by a psychiatrist. Could you please direct me toward any information pertaining to the nature / responsibility for assessments to be completed.

Accepted Answer

There is no specific information or policy statement on this topic. However, there are ethical principles that would help to provide guidance on these matters, which are shared below.

II.13 Assess the individuals and groups (e.g., couples, families, organizations, communities, peoples) involved in their activities adequately enough to ensure that they will be able to discern what will benefit and not harm them, using assessment methods that are appropriate to the particular cultural and social contexts of the individuals and groups involved.

II.17 Not carry out any scientific or professional activity unless the probable benefit is proportionately greater than the risk involved.

II.18 Strive to provide and/or obtain the best reasonably accessible service for those seeking psychological services. This may include, but is not limited to, selecting assessment tools, methods, interventions, andncommunication modalities that are: (a) relevant and tailored to thenneeds, characteristics, and contexts of the primary client or contractnexaminee; and (b) based on the best available evidence in light of thosenneeds, characteristics, and contexts. It also may include, but is notnlimited to: consulting or collaborating with service-providingnorganizations in the community, members of other disciplines,individuals and groups relevant to the culture or belief systems of thosenreceiving or being subject to services; or advocating on behalf of anprimary client when appropriate and needed.

II.19 Make themselves aware of the knowledge and skills of other disciplinesn(e.g., law, social work, medicine, business administration), and makenreferrals or advise the use of such knowledge and skills where relevantnto the benefit of others.

Question 21

I also have another issue. I have been working as a private practice psychologist in a medical clinic for almost four years. I am moving to a new psychology-only practice but the doctor at my current practice says I cannot take any existing clients with me as it is a "collaborative clinic" and all client notes are the property of the clinic. If I work with any of these individuals at my new practice the clinic would not have access to those notes. I am struggling with this as many of my clients want to continue with me and they have a right to continual care. Any advice on this one would be much appreciated.

Accepted Answer

To answer your question, under PHIA legislation, when the psychologist is an employee, the custodian is seen as either the person responsible for running the group practice or the employer, and generally not the employee.

Therefore, for the clients that are continuing with you, you could have a signed consent form authorizing transfer of a copy of the file, provided you discuss this approach with the custodian.

Some practices/organizations have put in written policies and practices around clients and their records in the event that a psychologist leaves the practice.

In any event, it is always helpful for the associate to discuss their transition with the existing practice to ensure a smooth transition. And, if clients are following the associate to their new practice, it's important to have a signed consent form authorizing any copies of files that are being transferred or copied to the practice of the associate.

Question 22

I am a doctoral student at McGill University in the Educational and Counselling Psychology program and intend to register in Nova Scotia as a psychologist. I am currently completing practica in Neuropsychological Assessment and Therapy as a supplement to my program.

I was wondering if you could provide more detail with regards to declaring competencies. Would extensive practicum/internship hours be sufficient for me to declare competency in neuropsychological evaluation? Or are there specific course, supervision, etc. requirements to be able to declare competencies? Any information would be greatly appreciated!

Accepted Answer

You could let her know that, yes, the Board would expect to see graduate coursework covering neuropsychology, along with the practica/internship she notes. Upon reviewing the completed application, the Board would make a determination based on all available documentation using the requirements outlined in the definition of the practice area of neuropsychology:

https://www.nsbep.org/downloads/Appropriate_Practice_Areas.pdf

If the applicant declares neuropsychology they would need to address the requirements in its definition.

Question 23

I am a new NSBEP registrant as of January 1st. I'm curious about the requirements for Continuing Education given that I have joined half-way through a registration year. Would you mind clarifying this or pointing me in the direction of the appropriate information so that I can be sure to fulfill my obligations.

Thank you

Accepted Answer

She joined halfway through the year, so she would not be subject to the Continuing Competence requirements at this time. The requirements will begin when the registration year begins July 1, 2021. At that time, she would be expected to begin following the CC requirements.

Question 24

I am a registered psychologist in NS and I'm getting married next month. I wanted to inquire about issues around changing my last name.

I have heard that some people change their last name legally and socially, but continue using their maiden name professionally (since my previous publications etc. are associated with this name). I wanted to check in about the ethics of this for psychologists, as this will be important in my decision-making process. Any information you could provide would be much appreciated!

Accepted Answer

To answer your question, the decision to keep your maiden name or to change it is a personal one to each individual. NSBEP does not have jurisdiction on your decision with regard to personal use. However, if you are changing your name professionally, please provide NSBEP with an updated Photo ID that reflects the name change, as we will need to make a change in the Register of NSBEP in this case.

The answer is yes. thanks. She could continue to use her maiden name professionally.

Question 25

I am a registered psychologist with NSBEP currently on maternity leave due to resume work June 1, 2021 and therefore am inactive on the registrar. There is a possibility for me to complete psychometry work for another registered psychologist in May. She would be assuming responsibility for the case and signing off on the report while I would be acting in the role of a psychometrist. If I was to take on this work, I was wondering whether I have to reactivate my NSBEP status and insurance early?

Accepted Answer

As you mentioned, NSBEP would expect that, once registered, a psychologist would reactivate their full registration in the event that they wish to work within the psychology field. Situations involving those working under another psychologist's registration are seen as applying to circumstances where the supervisee has not yet reached the level of autonomous practice (students, interns, non-autonomous staff, etc.)

Question 26

I am considering taking a leave of absence, can you advise me of what steps are necessary

Accepted Answer

To answer your question on taking a leave from practice, you have two options:1) Request a Leave of Absence from the Register. This can be done via email.

2) Change from Full Registration to Retired Registration. The fee is only $100 per year and the change could be requested by email at this time. However you could wait until registration renewal in the fall. One can still retain the title of Registered Psychologist (Retired) while holding the Retired category of registration, but there is no ability or practice or requirement to maintain Continuing Competence.

With either of the above options, one could request a return to full registration within a 2 year period without having to submit a new application to the Board. This request could be completed by email and you would need to pay the appropriate registration fees at the time. I have attached a line to the retirement planning guidelines, this may give you further clarification.

https://www.nsbep.org/downloads/NSBEP_guidelines_for_retirement_planning.pdf

Question 27

I am currently wrapping up candidate supervision with a psychologist who works half time for the Operational Stress Injury Clinic in Dartmouth. I was contacted on Friday by her manager and it has come to his attention that VAC requires a co-signature on reports in the case of candidate register psychologists. I know NSBEP does not require co-signatures at this level, but VAC apparently does. This rule is being applied quite inconsistently for some reason – many reports, likely depending on the adjudicator assigned, have just been accepted as they stand.

So I am writing to ask if there are any issues or pitfalls I should know about, standards-wise and even liability-wise. I have never been asked to essentially officially stand behind the work of one of my candidate supervisees, so this very unfamiliar territory.

Accepted Answer

NSBEP has a Position Statement on co-signing that we would refer him to consider. Here is the URL to it:

https://www.nsbep.org/downloads/Policy_Advisory_Cosigning_Reports.pdf

Question 28

I am emailing to inquire about direct observation for supervision.

Would my supervisor reading a complete report count as direct observation? Would my supervisor watching me score protocols (example: WISC and WIAT) count as direct observation?

Accepted Answer

These activities would not be considered direct observation; however, they would still be considered valid methodologies for supervision.

Direct observation is considered to have taken place when the supervisor observes the candidate completing direct work with clients. For more information about this and other issues that can arise, NSBEP has provided some guidelines on supervision:

https://www.nsbep.org/downloads/GENERAL_GUIDELINES_FOR_SUPERVISION_REPORTS_2019.pdf

Question 29

I am going on maternity leave and wish to temporarily withdraw from the registryn------------------------------------------------nI will soon be pausing my registration with NSBEP as I will be on maternity leave beginning sometime in May. The professional liability insurance is due for renewal as of June 1, 2018, and I was wondering what the protocol is for the liability insurance while on leave. I will not be returning to work until May of 2019. Will I need to buy the insurance for this year even if I am on leave.

Accepted Answer

I just wanted to let you know that at a Board Meeting recently, they created an "Inactive" status which would apply in your circumstances and not require you to withdraw. Note that while in "inactive status" you are not permitted to practice. Please let me know if you would like to go this route.

------------------------------------------------------------------------------------------------------------------nI have looked into the process for maternity leave on the website, and as you are no doubt aware, there are the following two options available:A. to remain on the Register and continue regular supervision and the established reporting schedule. Since the purpose of supervised practice is for one to be working while receiving supervision, work experience would not accumulate until after the return to work.

B. to request a Leave of Absence from the Register and thus cease all practice of Psychology and cease to use the designation "Psychologist, Candidate Register".

If a candidate chooses the second option, he/she can apply for reinstatement at any time within the next two years without requirement of a new application and without loss of credit for accumulated work experience obtained before he/she withdrew. Candidates who withdraw from Register must submit: a written request for withdrawal; a completed Evaluation Form for Withdrawal from the Candidate Register; and a supervision report covering any months of supervision received since their last report was submitted to the Board. Please click here if you intend to withdraw.

I have included a link to the NSBEP website for further information.

As for the insurance questions you should contact your carrier to find out if there are provisions for a leave of absence.

https://www.nsbep.org/information-for-registrants/for-candidate-registrants/faq/#not_working_supervision

Question 30

I am interested in doing some work in private practice. I graduated from MASP in 2000 and consequently did practicums in counselling. I have a declared competency in counselling. The clinic where I applied wanted me to touch base to see if my declared competency would allow me to take on counselling cases. Of course I am thinking that the counselling cases would involved school-related issues and perhaps a cognitive behavioural approach for issues such as self-regulation-no clinical cases. I am wondering if there is someone I might speak to or if I am safe to take on such cases given my declared competency.

Accepted Answer

I have consulted on your enquiry. Registered Psychologists are expected to ensure they remain within their scope or seek out appropriate initiatives to expand within their scope. However, where you have previously self-declared counselling and had this listed on your practice profile, NSBEP would not restrict you from doing any counselling work that you have current competence with.

When this enquiry comes up for those who are fully registered a psychologist, we indicate the following.

3.2 A registrant planning to change or expand her/his professional practice to include a newnarea, client group or activity, beyond the registrant's existing declared competence shallnundertake appropriate training, education and supervision. In the event that there arenquestions regarding competency, the registrant must be able to demonstrate to the Board thenpreparation they have undertaken. Individuals on the Candidate Register planning to expandnher/his practice shall submit a plan of action to NSBEP for approval.

The Board requires Candidate Registrants to use a Learning Plan process (page 18 of the Supervision Handbook URL provided below).

https://www.nsbep.org/downloads/SupervisionHandbook.pdf

Although Registered Psychologists are not required to submit this plan to the Board, we still refer Registered Psychologists to this information in the Handbook as a reference. As you will note, part of the process involves considering what may have already been completed in the past as part of the individual's graduate level training and subsequent training and experience, and then considering what didactic activities should be undertaken to ensure one is current with the activity.

If you were to utilize this process you could seek out an informal supervisor and jointly set up a plan. Note that you would not have to seek approval from NSBEP the learning plan, like a candidate would have to do so during candidacy.

You would also be able to integrate relevant activities within your Continuing Competence process.

NSBEP would recommend keeping your own record of the activities you engage in relevant to this activity.

Question 31

I am looking for guidelines for telepsychology for psychologists registered in NS, seeing clients in NS, but who are located outside of the province or country.

That is, if a psychologist remains registered in NS, but moves, can they maintain their practice via telehealth?My husband is in the armed forces and was recently promoted, which sparked questions about a temporary posting outside of the country. This would not happen for a few years, because of the pandemic, however, I thought I would start investigating my options for maintaining my license and practice should this happen.

Accepted Answer

To answer your question, if you are a registered psychologist in Nova Scotia and move out of the Country, you can still maintain your Nova Scotia registration (i.e., you can be registered in more that one jurisdiction during the same timeframe). This would allow you to see current clients in Nova Scotia via telepsychology. However, if you need to treat clients outside of NS, you would need to contact the respective jurisdiction where those clients will be located, as normally the jurisdiction where the client is located is seen as having jurisdiction over the practice of psychology.

Question 32

I am looking for information on consent as it relates to minors and parents who have joint custody?

Accepted Answer

I have attached a link to a document which may answer your questions.

https://www.nsbep.org/downloads/Working_with_Children_and_Adolescents.pdf

Question 33

I am looking for some clarification on whether reports should be co-signed. Specifically, assessments were completed by a Psychologist (Candidate Register) during full-time employment. Now that there is parental leave for the same Psychologist, the individual is no longer on the Candidate Register, but is still responsible for completing the assessment reports. Even if the person was on the Candidate Register at the time of assessment completion, would there now need to be a co-signing Psychologist in order to submit the outstanding reports, or can the person still independently sign as a Psychologist (Cand. Reg)?

Accepted Answer

Generally if one is on maternity leave and not on the Candidate Register because of this, NSBEP would not expect them to be practicing, where they have chose to come off the Register. Even if a candidate were on the Inactive Register, the policy is that they should not be practicing psychology. If they are off the register then signing off at this time as a Psychologist (Cand. Reg) would be a violation of the Psychologists Act.

It would be important, therefore, not to do so and for clients to be made aware that the individual is not currently a psychologist. There would be no harm in having an actively registered psychologist ethically co-sign reports. The Board has a position statement on co-signing which may be of assistance. Here is a link to the URL:

https://www.nsbep.org/downloads/Policy_Advisory_Cosigning_Reports.pdf

Question 34

I am looking to apply for a Ph.D. in Clinical Psychology. The program is through Fielding Graduate University. I am wondering if this program is recognized by NSBEP.

Accepted Answer

The Fielding has been reviewed and regretfully in comparison to our entry level requirements it was not found to meet requirements, as it's residency requirement does not meet the Board's.

For more information, here is the Board's position on residency:iv) The program should have a body of resident students who are enrolled in thatnprogram. Programs that are primarily based on-line are not acceptable to the Board.

For further clarification, the Board has adopted the Section on Residency from the ModelnLicensing Act recently approved by the Association of State and Provincial PsychologynBoards. It states:"Residency means physical presence, in person, at an educational institution or trainingnfacility in a manner that facilitates acculturation in the profession, the full participationnand integration of the individual in the educational, and training experience and includesnfaculty student interaction. Training models that rely exclusively on physical presence fornperiods of less than one continuous year (e.g. multiple long weekends and/or summernintensive sessions), or that use video teleconferencing or other electronic means as ansubstitute for any part of the minimum requirement for physical presence at theninstitution do not meet this definition of residency."Note: The minimum period of one continuous year of residency is in addition to anynpractica or internship completed as part of the program requirements.

Question 35

I am switching clinics soon and my supervisor recommended I ask you:Do I need to get a signed Authorization of File Transfer from each client?The files are mine, as understood by my original clinic director, and there is no mention about file ownership in the client consent form.

My current clinic director has requested that I take all of my files with me when I go.

Accepted Answer

Under PHIA legislation, when the psychologist is an employee, the custodian is either the person responsible for running the group practice or the employer, and not the employee. Normally the consent form for service is signed on the practice's consent form as well. Therefore, your plan to have a signed form authorizing transfer of files sounds appropriate, provided you discuss this approach with the custodian. Some practices/organizations have put in written policies and practices around clients and their records in the event that a psychologist leaves the practice.

In any event, it is always helpful for the associate to discuss their transition with the existing practice to ensure a smooth transition. And, if clients are following the associate to their new practice, it's important to have a signed consent form authorizing any files that are being transferred or copied to the practice of the associate.

Please feel free to share this email with others if it would be helpful.

Question 36

I am writing because I am in a time of transition and I have a few questions. Specifically, I have resigned from my position as Clinical Interventionist at EIBI in Sydney. I am currently seeking other full-time employment with local school boards. I have yet to begin administering psycho-educational assessments under the supervision, as mentioned in previous e-mails to the assistant registrar, but we have been meeting to discuss and prepare for future assessments (e.g., practicing assessment tools). Additionally, my primary supervisor has recently changed her employment and will be unable to supervise me in September 2018. My supervisor has indicated to me that she will be unable to supervise me as a candidate, full time. So, currently I am seeking a second supervisor moving forward.

So, I have some questions:I will soon be in between jobs and would like to remain on the candidate register. Moving forward, will I be able to count my time spent meeting with my initial supervisor as supervision hours for assessment work?Last month, I submitted documentation for my second supervisor to be a co-supervisor with my first supervisor. I am unsure if my first supervisor has been approved as a supervisor. I have met with my first supervisor a few times this month, in addition to an hour of supervision with my second supervisor. Will my first supervisor's hours count as supervision? As well, will my second supervisor and I be required to meet for a second hour of supervision, as we usually would?Will my second supervisor be required to meet with my first supervisor in order for my second superviosr to share information with my first supervisor regarding our supervision sessions, prior to September?Will my second supervisor be required to complete any paperwork upon finishing up as my supervisor?

Accepted Answer

I have put the responses after your questions to keep track.

I will soon be in between jobs and would like to remain on the candidate register. Moving forward, will I be able to count my time spent meeting with my first supervisor as supervision hours for assessment work?Yes, assuming she is approved by the Registration Subcommittee at their September 14th meeting.

Last month, I submitted documentation for my first supervisor to be a co-supervisor with my second supervisor. I am unsure if my first supervisor has been approved as a supervisor. I have met with my first supervisor a few times this month, in addition to an hour of supervision with my second supervisor. Will my first supervisor's hours count as supervision? As well, will my second supervisor and I be required to meet for a second hour of supervision, as we usually would?That would be up to my second supervisor. You need to have 2 hours of supervision a month in place. If my second supervisor is willing to provide 2 hours supervision until you secure a new co-supervisor, that would be acceptable, assuming she is approved by the Registration Subcommittee at their September 14th meeting.

Will my second supervisor be required to meet with my first supervisor in order for my second supervisor to share information with first supervisor regarding our supervision sessions, prior to September?Yes, with a change in supervisors it is expected that "The new Supervisor contacts the former Supervisor to allow for an exchange information with respect to the candidate' supervision. This communication is documented in the supervision report."Will second supervisor be required to complete any paperwork upon finishing up as my supervisor?Yes, see "Changes in Supervisors" on the website, here is link to page:

https://www.nsbep.org/information-for-registrants/for-candidate-registrants/supervision-processforms/#Change_of_Supervisor

Question 37

I am writing on behalf of a group of psychologists here at Child and Adolescent Mental Health in Sydney, Nova Scotia, with a specific question. I wasn't sure who to direct this question to, within NSBEP, so I thought I would start with you, and you can hopefully direct me onward.

We have recently received word that the health authority here in the eastern zone is moving towards having all client-related documentation scanned and sent to clients' EMRs (electronic medical record). We were informed that raw data from intelligence tests (e.g., WISC) and achievement tests (e.g. WIAT), for example, will be included in this new scanning process.

We were a bit surprised with this guideline, given that these tests are protected tests. Intelligence tests, for example, require Level C qualification.

We would just like to double check, ourselves, that it is permissible for such raw data to be scanned to someone's EMR rather than stored in a secure (i.e., locked) location as is our current practice.

Accepted Answer

Absolutely. It is really important and helpful that you reached out to me as a few have been in touch. (Like us) the registrar had an exchange with another registrant and government on the exact same issue. We figured this same response could be shared with others. Here was his response which you can share below with her.

Here is what you could say:The Board is aware of this issue and has responded to another registrant on same, as well as having been in contact with Government contacts and others as noted below.

The Personal Health Information Act (PHIA) provides that the NS Health Authority is the Custodian of records. As such, they would be responsible for ultimately making decisions on such matters, but could delegate specific functions to employees who would act as "Agents". If the Custodian is amenable to putting in place some type of mechanism to lock down the portion containing the raw data and testing material protocols that would be ideal; however, it may not be what they ultimately agree to, so we must consider the following clause from the Standards for Providers of Psychological Service in such a matter, along with the realities of PHIA:"Since the Nova Scotia Board of Examiners in Psychology has the right to regulate psychology only, these Standards are to be understood to refer to psychological services and training (as opposed to services and training in other professions), even where the adjective "psychological" is not explicitly used, and psychological service units are not intended to interfere with the larger organizational structure in which they are embedded."The NSBEP recognizes that the reality of the NSHA being the custodian places psychologists in a challenging position with respect to standards where they conflict with the direction of the custodian. We have contacted our representatives with the NS Department of Health and Wellness to share these challenges and concerns. In response, we were advised that as an initial response, the first stage of this conversation should take place between the registrants and NSHA in the role of employer. This is recommended to ensure that the concerns have been fully and officially communicated to NSHA. You may find it helpful to share the above information with NSHA.

We are also consulting with other regulatory Boards across Canada to see if there are any other practices being followed that we could consider adapting. I have heard back from the Registrar in Alberta, and he indicated that Alberta Health Services has made specific arrangements to have test data access highly restricted and separate from the main clinical file. It would be nice if Nova Scotia Health would consider doing the same.

Registrar

Question 38

I am writing to confirm that an in-person appointment, with proper precautions, can be held at the current time.

First, thank-you for re-circulating the "Return to In-Person Work Guidelines" along with the link to the current Public Health Order. I have reviewed both of these.

The current situation is as follows: I have a part-time private practice, and I am now seeing all of my clients virtually except for one client who I am seeing virtually for now but we'd like to return to in-person appointments as soon as possible (later this week if possible) as it is a unique case where we are completing trauma-specific therapy and there are certain concerns linked to the phone and technology which are making it difficult to complete the level of work we need to virtually right now. This client knew I would be reaching out to NSBEP to confirm that we can continue in-person as long as I continue to follow the Return to In-person work guidelines (sanitation, screening, cleaning, log, etc.), along with now having us both wear a mask inside regardless of whether we can keep 6 ft between us – it seems that protective eye equipment is not necessary at the current time?I just want to ensure that I am proceeding correctly and understanding correctly that we can still indeed engage in in-person work as long as it is done with all of these precautions in mind?Thanks so much for your advisement and your continued guidance during these challenging times!

Accepted Answer

NSBEP does not grant permission on a case-by-case basis; however, the guidelines allow psychologists to make a determination for an in-person appointment, once the psychologist has reviewed all the guidelines, as she notes she has done. The NSBEP guidelines would allow her to use discretion to hold an in-person appointment where she deems it appropriate to do so. The current guidelines do not require protective eye equipment.

Question 39

I am writing to enquire about the status regarding the complaint made to NSBEP about a psychologist. Other than acknowledgement of receipt of the complaint and signed consent documents, I have not heard anything. There are implications from an organizational perspective pending the result. Am I able to know the status or a potential timeline on the process?

Accepted Answer

Yes, the Board has received the complaint and signed consent documents.

To answer your question regarding the timeline, please be advised that the process can take from 6 to 18 months from the time the complaint has been received to the time a decision is made by the Hearing Committee.

As to the status, I can tell you that it is on-going.

Question 40

I am writing to request an update to my practice areas. When I applied to transfer my registration to NS in 2017 from AB I was entering into a position in the area of Counselling Psychology while still in AB and declared this as my practice area with NS. I would like to add Clinical Counselling to my practice profile as I would now intend to practice in both areas in Private Practice. My work experience in AB as a Registered Psychologist was primarily in the clinical area for 7 years while I worked for Alberta Health Service in Mental Health and Addiction Services. Please let me know what steps I need to take for this request.

Accepted Answer

NSBEP would consider the fact that you have a degree in Counselling Psychology and this was the practice area that was approved for you at the time of registration. There can be overlap between counselling and clinical practice, and there is no functional restriction on work that you complete within your individual scope of competence. However, the Board's position is that one should not declare Clinical Psychology in their profile unless they have a graduate degree and training in Clinical Psychology.

If in addition to your Counselling Psychology graduate degree you have a graduate degree and training in Clinical Psychology (or equivalent) that you wish to have considered, please send the information to NSBEP and this would have to be reviewed by the Registration Subcommittee.

Question 41

I am writing to request guidance in relation to a file review request from Blue Cross that we have been dealing with in recent months at my practice. More specifically, we received a letter dated June 11, 2021, requesting all clinical notes for 11 Canadian Armed Forces clients (5 of mine and 6 of hers) for the time frame of January 1, 2020 through December 31, 2020, totalling approximately 600 notes. The request qualified that "Clinical notes can be redacted provided that the member name, date, therapy attended, and therapist is visible." It was also requested that all notes be submitted by July 14, 2021, three weeks after we were in receipt of the request. When we did not meet this deadline, another letter followed with a narrower window and outlined potential consequences for noncompliance. We responded on August 17, 2021 with a detailed accounting of client visits as printed from our practice management software Owl Practice, but indicated that our military clients had not consented to the release of the requested clinical notes, redacted or otherwise. We each received another letter dated September 14, 2021, indicating that because we had not provided the requested clinical notes that they are now seeking payment for all billing for these clients for 2020, totalling over $100,000 between the Doctor and myself. As this request was received on National Defense letterhead, I have since been in contact with the relevant health services administrator at CFB Halifax, who has agreed that our clients have not consented to providing these notes and is concerned that Blue Cross would have requested same. He has not been able to find any indication of this request originating within the Canadian Armed Forces. He is also now trying to get an answer from Blue Cross about the matter.

Blue Cross has indicated that we have 15 working days from the date of the last letter to submit an appeal to their decision, otherwise we must pay them by October 4, 2021. We are still inclined to not provide the requested documentation without client consent, but worry about ramifications for our practice from Blue Cross. Moreover, the administrative burden of printing, reviewing, redacting, copying, and submitting in excess of 600 clinical notes would require that we shut our practice down for a week in order to comply with the request.

We have reached out to other psychologists and could not find anyone who has ever heard of file review request of this scope.

Accepted Answer

I have shared and consulted on your enquiry. The NSBEP appreciates that concerns relating to file materials arise for psychologists. Given the frequency of such issues, the Board developed a position some time ago "Nova Scotia Board of Examiners in Psychology Statement Regarding the Release of File Materials". While the document discusses legal obligations when a matter is under litigation, it is intended to address the release of file materials in general.

Generally if a client requests a copy of their file or provides express consent that it be transferred, for example, to the insurance carrier, then the NSBEP Position would not prohibit this. However, generally the psychologist would be able to discuss the process with the client so that they understand. However, ultimately this Position would respect the client's decision to provide consent to the release of the material. The exception would be copyrighted testing material, unless there is a legal obligation to turn over the full file.

For further clarification, I have attached al link to the Statement on release of file materials.

https://www.nsbep.org/wp-content/uploads/2014/09/Raw-Data-General-Disclosure.pdf

It may be that the insurer has taken the position that the client may have provided express consent through their process, whether there are consent forms they have signed through the insurer or consented to through their processes. NSBEP cannot speak to these issues as they may involve contract law.

The above constitutes the regulatory information that NSBEP can provide on the matter. You may find it helpful to contact the pro bono hotline of your professional liability insurer and/or moreover to engage a lawyer on this matter, as noted, there may be legal questions that would be helpful to address. We recognize that you have engaged in collegial consultation; you could also contact the Association of Psychologists of Nova Scotia as they maintain a list of volunteers available for activities such as peer consultation on different topics.

Question 42

I believe there is a document that outlines Investigation Committeenprocedures and the options for resolving complaints. I have been trying to find it but I am obviously not looking in the right place. Could you tell me where I can find this document, if indeed it does exist?

Accepted Answer

It's also available to members in the committee portal with the complaint documentation that is part of the specific complaint.

Question 43

I completed my renewal but don't see where I update the custodian of records?

Accepted Answer

To answer your question, when a registrant completes the renewal, there are 4 tabs that form the overall process. The custodian is named on the tab #3, right before the renewal form.

Question 44

I had a call and they are wondering if an unvaccinated psychologist has to disclose to their clients that they are unvaccinated?

Accepted Answer

I have forwarded your enquiry for review. At this time, NSBEP does not take a position on whether or not a psychologist must disclose their vaccination status to a client. Like all regulated health professionals, psychologists are responsible for taking steps to ensure a safe and healthy environment for clients. You may wish to consult with your own legal counsel if you have further questions about this issue.

Question 45

I had a call from a lawyer who has been asked to incorporate a company who is not a psychologist and wants to use the word psychological in the name. However, a psychologist would be hired by this company.

Accepted Answer

The Board has taken the view that its legislation (Psychologists Act) prohibits the use of the terms "psychologist", "psychology", "psychological" and their derivatives by those who are not allowed use of restricted titles under the Act. The owner would not be a psychologist in this case and the name of the practice would be include such terminology in the incorporated title. The psychologist would be an employee and potentially transitory in nature. Since we are being asked this question, NSBEP would not take the view that this is in keeping with the Act and its intentions.

Question 46

I had a call from a psychologist and we are wondering if she has her confirmation of standing sent in now and her registration expires Dec. 31st 2020. If her application goes to the Board in either Jan. or Feb. 2021 would she be required to re-register in US or would we consider it valid at time of receipt not time of going to Board.

Accepted Answer

I think she should maintain her registration. Although her application may be complete, as you know, it won't be reviewed until next year, and If she lets it go then when the Board reviews her application she will no longer be registered, and it won't be a transfer anymore. Moreover, she won't be granted regular registration until after she completes the Transfer Interview. Given the scheduling, she may be unable to have her interview until June or later and she could utilize courtesy registration if she needed registration, provided she held registration in the other jurisdiction If she does not maintain registration, then she will be unable to utilize courtesy registration while waiting. With all this considered, I do think its best to maintain registration.

Question 47

I had a call from a woman who did not want to give me her name or email address and this is her question.

If a psychologist has two employers and there was a complaint made against them at one of the positions, is there an ethical requirement to disclose this to the other employer as well as to future clients?

Accepted Answer

Complaints made to NSBEP that are under investigation are confidential and psychologists are not ethically required to disclose them to an employer or to future clients. Complaints that have been dismissed or have received a non-disciplinary decision after being investigated are also confidential. Complaints that result in a disciplinary action are published on the NSBEP website (with information about the complainant removed) and can be accessed by the public and employers.

Question 48

I had a call from someone asking what she should do about registration renewal. She went on Inactive status Feb 5 2021 and is planning on returning to work prior to the end of the year. She is wondering which is best:Pay the early bird payment now for full registration and send request to change status nownPay the Inactive status fee now and then when she knows the date of her return send the change of status then and pay the difference between full and inactive.

Accepted Answer

She can't go on the Active Register unless she is able to receive supervision for 2 hours a month and most don't do that when they're busy on a maternity leave (and even if she could do that the savings would be minimal). So I think the only real option is for her to renew her inactive registration and then pay the full fee later in 2021, which will be $705 ($805-$100 she pays for inactive registration at this June renewal). Fees are only prorated the last six months of registration year (which is now Jan -June)

Question 49

I had an interesting question from someone. Her question is – she is getting calls from clients who are anti-vaccers who say it is their right to not get the vaccine. she is wondering is it her right not to see them?

Accepted Answer

To answer your question, rather than choosing not to see someone who is unvaccinated, the NSBEP Covid-19 Guidelines do provide other steps that the practitioner could take.

1. The psychologist could consider virtual care, if appropriate.

2. The practitioner could combine some of the measures allowed in the guidelines, such as both wearing a mask and social distancing.

3. If necessary, the psychologist should work through the ethical decision-making process and document their process/rationale. This could include consideration of risk of harm to self and others.

4. While the psychologist in private practice could determine that the safest and most appropriate option is to conduct the session virtually, the client could choose to decline the virtual session. The psychologist would not be forced to do an in-person session. However, the practitioner should ensure that they have considered whether alternatives/steps such as those noted above have been considered, and a referral made elsewhere [could simply recommend that the individual consult the Find a Psychologist section of the Association of Psychologists of Nova Scotia (www.apns.ca) website for a referral].

With that said, it may be an expectation of the NSHA/provincial government that psychologists working in the public sector or receiving public money accommodate clients who wish to be seen in-person.

Question 50

I have a question about this years registration renewal - I am actually retiring January 4 - I plan to keep my registration open for the time being and as such wondered about fee to submitnI am no longer practicing and will not be renewing my registration as a psychologist for the 2019 year. I understand that the NSBEP requires notice of retirement in writing, and I am asking that the NSBEP accept this email as my notice.

I have contacted Heather Power, Psychologist who is the custodian of my files however have not heard back from her as at this date.

I will contact insurance company BMS to advise them of my retirement.

I had a call from a person who has been seeing an ON psychologist. The patient has since moved to NS and would like to continue to see the psychologist thru skype. I was going to reply that the psychologist would either have to register in NS or barring that apply for a temporary registration until the patient could find a psychologist here in NS. Is there anything I am missing?

Accepted Answer

You are more than welcome to keep your registration open for the duration of 2019 and can pay the reduced fee of $684.25 up until November 15, 2018. However, you would be free to switch to the Retired Register for January 1, 2019 and this fee is only $100.00. You could complete this process using the online registration option. We trust from your email that you do not intend to practice in 2019 so we have mentioned the retired option.

Thank you for the written notice of your intention to retire as of December 31, 2018. The information you provided regarding your custodian of files is appreciated. The only item would be to let us know when Heather confirms. We wanted to mention that the option of Retired Registration for $100.00 is there, the other is to not renew and withdraw from the registry according to the Psychologist Act.

Your psychologist would have to determine that they deem treatment in your case to be appropriate through video. If they feel this is appropriate, they would need to be registered in Nova Scotia in order to legally provide services to you, since you would be located in Nova Scotia. The psychologist could contact the Board to apply for temporary registration with the Board if this is something they feel would be appropriate in the circumstances.

Question 51

I have a question concerning the supervision done by a psychologist in Nova Scotia.

Is a psychologist allowed to supervise a marriage and family therapist member of :« registry of marriage and family therapy Canada» ?

Accepted Answer

NSBEP has a document on supervision scenarios that I would draw your attention to. And for that matter, please feel free to share this with information anyone you feel it would be helpful to. Here is the URL:

https://www.nsbep.org/downloads/Supervision_Scenarios.pdf nThe above referenced document contains a section relating to "Supervision of practitioners from another occupation". This would likely apply in this case, or one of the other scenarios outlined would cover the situation.

As you can see, the NSBEP would accept that the member of the other profession is being supervised by a psychologist, but the Board would not be of the view that the member of the other profession is providing psychological services. Rather, in this case, we would consider the direct services to involve the practice of marriage and family therapy.

One other important point made in the document is the following:Billing must not be underwritten in a way that gives the impression that a registrant provided the service when this is not the case (NSBEP Co-signing of Receipts Statement, 1993). Billing to insurance companies or third party payers must clearly state the qualifications of the provider and state the services being provided. Through the informed consent process, clients must be fully informed of the qualifications of the person(s) providing the services and the services being provided.

https://www.nsbep.org/downloads/billing_practices.pdf

Question 52

I have a request from a client who is now in Maine. This client reached out to see if she could book a virtual session.

Isn't there some ethical issues with a situation where the client is not is Canada?

Accepted Answer

You should check with the jurisdiction where the client is located to find out what the requirements are.

It's pretty much a universal expectation across jurisdictions in North America. We appreciate there are always ethical concerns with these matters, but NSBEP's guidance to registrants is based on the fact that we expect them to follow the law in the jurisdiction where the client would be located, so we would expect them to contact the regulatory body in Maine. There is a document shared by ASPPB on each Board during COVID-19 and telepractice (you can look up the information for Maine in this document if you want more information including the Board's contact information and Executive Orders that are in place during COVID-19 concerning the practice of psychology):

https://cdn.ymaws.com/www.asppb.

et/resource/resmgr/covid19/9.8.2020_temporary_&_telepsy.pdf

Question 53

I have a very specific question about Continuing Competence credits and if something qualifies. The book below has come recommended by several psychologist colleagues for self-development. I was wondering if NSBEP would consider the content appropriate for Continuing Competence within the "Self Directed Learning" classification under "Interpersonal Relationships" category?

Accepted Answer

I was advised that NSBEP doesn't vet individual reading material for self-directed learning. However, if the psychologist feels that it would be relevant to consider under interpersonal relationships and had a rationale for doing so then such consistency in the process is what NSBEP would look for.

Question 54

I have been asked to provide "collegial support" by a (future) masters-level candidate. I am wondering what exactly this entails, and if there are any ‘requirements' as the ‘support' person? For example, is there a formal evaluation? Is there a required number of hours of consultation that is expected? Or is this a very informal process wherein the candidate may lean on the support person on an as-needed basis until they become registered?

Accepted Answer

To answer your question, no evaluation or minimum number of hours is required. This is an informal process wherein the candidate may lean on the support person on an as-needed basis until they become registered.

Question 55

I have completed all the requirements of my Masters' degree. However, my convocation / graduation is not until October can I still apply?Date of Approval of convocation of degree

Accepted Answer

The Board would ultimately require proof of convocation. However, once all program requirements are completed, it is possible to apply to registration as a psychologist once the steps are completed that are noted in the following FAQ:You can let him know that the Board has approved his doctorate effective on the date that was indicated in the letter from the university. According to professional standards, a registrant should not use the degree to refer to him or herself in their workplace until, the date when NSBEP recognizes it, we just have to include this caveat as a precaution.

http://www.nsbep.or/applicants/faq/#register_prior_convocation (this is a new development since June)

Question 56

I have taken a leave of absence from the Candidate Register, is it advisable for me to keep my liability insurance?

Accepted Answer

To answer your question about insurance, yes, because this insurance coverage is necessary to cover individuals' prior actions, taken in the course of their previous duties as a psychologist. (e.g., prior to their retirement, leave of absence from the register, leave from work, out-of-province move, or change of profession, etc).

This is because professional liability insurance coverage is written on a claims made form. This means that a policy must be in place when an allegation is made, regardless of when the actual event took place. Claims made policies provide coverage as long as members continue to renew insurance each year. Psychologists who do not renew coverage (or at least obtain tail coverage if they are no longer practicing) will not be covered for a claim made today for an incident that occurred in the past. You should talk to your insurance company. Insurers can typically provide tail coverage for those no longer practicing psychology. Typically, such coverage is possible for a one-time-fee, or for a limited period of time at no cost. Again, it is important to check with your own insurance company.

I am attaching a link to our website for further clarification,

https://www.nsbep.org/information-for-registrants/for-all-registrants/faq/#recently_retired_still_need_insurance

Question 57

I hope you are well. I am e-mailing because I have received funding to develop and evaluate a prevention program for individuals at risk of offending. It is a group therapy program. All services are currently planned to be delivered via telepsychology services (via Zoom Healthcare with EMR provided by Jane) in large part due to the pandemic.

I do have to questions related to the development of these services and the administration of the program:I just wanted to confirm that my understanding of the Atlantic Canada telepsychology MOU is correct. My understanding is that I can invite clients from other provinces to participate if they are interested in receiving telepsychology services as part of this project if I contact the boards in these jurisdictions. Please let me know if there are any other considerations beyond the MOU or if I am misunderstanding this document.

I fully intend to offer all services as part of the program virtually but have also considered a hybrid model if the COVID-19 situation changes. In this scenario, I would provide in-person services to people who are local to the Halifax region and have clients who are in other Atlantic Canadian provinces and/or are unable to travel to attend in-person attend the same group via Zoom Healthcare. This hybrid model has been used for teaching, but I am not sure if it raises any sort of concerns for the board in terms of virtual service delivery. Please let me know.

I am planning to have a clinical or forensic psychology trainee deliver the program with me as a practicum. I have a former graduate student who completed her MSc program in forensic psychology and is now completing her PhD at Carleton. She would be an appropriate trainee because she is interested in the population, has relevant experience, and previously completed a similar practicum. The only consideration is that she is physically located in Ontario. Am I able to have a trainee from another province work under my supervision in a clinical capacity or is this a big problem?I think these are the extent of my questions for now. It is possible I may reach back out if further questions emerge as I develop this exciting new program and think through its delivery. I am happy to chat further by phone if that works better for you.

Accepted Answer

1. I just wanted to confirm that my understanding of the Atlantic Canada telepsychology MOU is correct. My understanding is that I can invite clients from other provinces to participate if they are interested in receiving telepsychology services as part of this project if I contact the boards in these jurisdictions. Please let me know if there are any other considerations beyond the MOU or if I am misunderstanding this document.

Correctn2. I fully intend to offer all services as part of the program virtually but have also considered a hybrid model if the COVID-19 situation changes. In this scenario, I would provide in-person services to people who are local to the Halifax region and have clients who are in other Atlantic Canadian provinces and/or are unable to travel to attend in-person attend the same group via Zoom Healthcare. This hybrid model has been used for teaching, but I am not sure if it raises any sort of concerns for the board in terms of virtual service delivery. Please let me know. The Board does not comment on specific models or provision of services via telepsychology other than to indicate that the psychologist needs to ensure that their services meet professional standards. Should the need for in-person service outside of NS arise, the psychologist would need to obtain authorization from the respective jurisdiction.

3. I am planning to have a clinical or forensic psychology trainee deliver the program with me as a practicum. I have a former graduate student who completed her MSc program in forensic psychology and is now completing her PhD at Carleton. She would be an appropriate trainee because she is interested in the population, has relevant experience, and previously completed a similar practicum. The only consideration is that she is physically located in Ontario. Am I able to have a trainee from another province work under my supervision in a clinical capacity or is this a big problem? NSBEP would not have an issue with respect to any clients seen virtually by the trainee as we would consider the supervising psychologist to have responsibility for services provided by the non-registered individual (trainee). However, it would be important to check with the other Atlantic jurisdictions as NSBEP cannot answer this with respect to services outside of NS

Question 58

I hope you're doing well. We have a 3rd year PsyD student interested in working with our private practice for a few months this Fall for her practicum, and hopefully will move back to our province to work once she graduates.. We're wanting to accommodate this as best we can to give back to supervising our profession, offer her a space to learn, and serve more individuals who are currently going without mental health care, particularly at this trying time in our society.

I am wondering if you could help me with a question regarding this. We'd of course provide informed consent to clients regarding the type of practitioner she is, the fact that she is not a Registered Psychologist or Candidate Register, make them aware of her training, etc. I'm wondering if we'd be able to place her name and 'supervised by ……, Registered Psychologist' on the invoice, and if this would then typically be covered through some insurance companies? Do you have any information on this type of scenario or the correct protocol for this?

Accepted Answer

With respect to the informed consent process with clients, what you are proposing is consistent with what we have shared with others in situations where an individual will be working under the supervision of a psychologist.

NSBEP always indicates the following:It would be important that the public clearly understands what services they are receiving and from whom (the qualifications of the provider). This would be consistent with the NSBEP position on billing to ensure that billing is transparent about services provided and by whom. The URL to the statement appears below:

https://www.nsbep.org/downloads/billing_practices.pdf

Concerning billing for insurance, we would again point to the above; however, we could not be more specific than the information provided in the statement on billing practices. You may wish to check with one of the primary insurance providers to ensure that what is being conveyed on the receipt would be clear to them.

Question 59

I last had inquired to the Board March 18, 2021 (response below). I just want to make sure that nothing has changed with regards to the provision of Telepsychology services by a registered member of NSBEP. I am a registered Clinical Psychologist (#0912) with NSBEP. With my read of the new guidelines effective Sept. 27, 2021 nothing on the following items have changed but I wanted to further confirm.

1. The answers back in March were Yes and I wanted to re-confirm (See below email in March 2021).

Thank you for your time as I am sure with Telepsychology being so new over the past two years you have been inundated with questions,

Accepted Answer

You could let him know: From NSBEP's perspective, the announcement on September 29, 2021 from NSBEP would still allow for the psychologist registered with NSBEP to provide services to clients who are residing or located in Nova Scotia. NSBEP would continue to caution that we cannot speak for another jurisdiction, so they may consider it to be practicing in their jurisdiction if the psychologist is physically located in their state while providing service.

Question 60

I received a call from someone regarding electronic storage of client information. She spoke with Downtown Digital who specialize in IT for small businesses, they gave her a suggestion of a Canadian based encrypted cloud system, whereby each psychologist (there are 20) would upload and only be able to view their own files. She would still maintain the hard file storage.

When she talked to someone (who is presenting at APNS), he suggested a separate computer, external hard drive and USB sticks. she would like guidance on this topic. Downtown Digital felt this was an archaic system.

She also had a question regarding her using google office for her scheduling and gmail. PIIDPA has some documentation on storage of health information in Canada.

she wants to ensure that whichever route she goes with both of these concerns, she will not have to redo it again. It will be costly and time consuming to go either way.

Electronic Storage of Client Informatio

Accepted Answer

The primary information we provide psychologists comes from the document on the Use of Technology by Psychologists. I presume you have seen this document, but here it is just in case.

https://www.nsbep.org/downloads/use_of_technology_by_psychologists.pdf

The Board does not proscribe methods for storage provided one can ensure that have followed appropriate and reasonable steps based on the standards of practice. One of the recommendations of the Board is for the custodian to consult with an IT professional in cases that more involve the specific technological setup. A lawyer knowledgeable in privacy matters can also be a valuable asset, if one would like to have legal consultation.

I realize that you have consulted an IT firm who is offering to provide a secure cloud solution to fit your needs. They are providing an opinion that they see this as the most efficient and a modern approach for your setting. I recognize he is likely looking at this from the perspective that if you were to maintain the files in your office, you maintain control of where the data is stored, and you could choose to have a copy of the data backed up to an external drive that would not have to be connected to the internet.

Clearly both approaches have merit but you are concerned with meeting the appropriate expectations. One nice way to look at this could be through the lens of the HIPAA legislation in the US. In order to be compliant with HIPAA, the only backup source could not be stored in the cloud / on a backup that is connected to the internet. While one could use a cloud service, there should also be a backup that is not connected to the internet. The idea being that a form of malware/virus could propagate through the internet to the cloud backup servers. The firm no doubt has provisions in place to address such concerns but that would be one point of consideration. You could ask them whether there would be a second backup of your data that would not be connected to the internet?With his setup you could backup all computers to an external drive and then make one backup of the external drive to another external drive. This second external drive would not have to remain connected to the internet. To my knowledge, PHIA and FOIPOP legislation do not restrict a cloud backup service, but it seems to make good sense for a practice to make sure they also have a backup copy that is not connected to the internet. As I said, the cloud company might have something they suggest or you could arrange a second onsite process with a local firm.

As far as PIDPA, any documentation that your practice received that originated from within a public body in Nova Scotia could not be stored outside of Canada. You might enquire whether you can specify the servers for Google Office be in Canada or find a similar solution that allows your data to remain in Canada.

I wish you the best as you navigate this process. This is a substantial investment but it is worthwhile making sure the appropriate provisions are in place before something might happen.

Question 61

I received a conditional letter of offer from the Nova Scotia Rehabilitation and Arthritis Centre for a part-time health psychology position. When I applied to be on the candidate registrar, I indicated I would be working solely with a psychologist at Psychological Services Limited. I will continue to work with the private practice part-time but also anticipate working in the health region part-time. I am having trouble finding the paperwork online to update my employment.

Accepted Answer

There is no special form. She can login to the website or provide us the information and update the contact information for the new employer.

Question 62

I received this call for nominations for the 2020 elections and, in reading the criteria, had a question I hoped you could help me with. I am interested in becoming involved with the NSBEP board but I am a transfer registrant and only received my registration in October 2019. I was registered with the College of Alberta Psychologists before that, and in good standing, since 2011. I'm curious if registration in another jurisdiction is considered equivalent in meeting criteria (a).

Accepted Answer

1. response one who does not meet the qualificationsnI would first like to thank you on behalf of the Board for your interest in becoming involved.

To answer your question, the criteria for Nominees are in regards to NSBEP registration. This will give the Nominee the breadth of experience and knowledge required to become a Board Member.

However, you can certainly volunteer in other ways for example, after you are registered to two years you can become a Candidate Volunteer. Which will help the Candidate, enhance your resume for nomination as well as give you the sense of accomplishment when a Candidate you have supervised becomes a registrant.

2. response one who does meet the qualificationsnI would first like to thank you on behalf of the Board for your interest in becoming involved.

To answer your question, the criteria for Nominees in regards to 5 years on the Register of Psychologists would recognize 5 years of experience if one were fully registered as a psychologist in NS and also held prior, full registration in another jurisdiction, which taken together met the required timeframe overall. You would indeed meet criterion (a).

Question 63

I was just wondering if it was possible to order a copy of the Companion Manual to the Canadian Code of Ethics for Psychologists through NSBEP or if I should order through CPA directly. I reached out to them recently but haven't heard back.

Accepted Answer

Actually it would be CPA.

However, you could let him know that If he was just looking to buy this for the oral exam, he does not have to do so unless he wants to. We would just recommend to community psychologists the prep materials that we provide in the portal, and if he would like to do a refresher / skim, he could use the following PDF:

https://www.nsbep.org/downloads/Binder_Standards_Legislation_Guidelines.pdf

Question 64

I was recently granted courtesy registration, and I was also informed earlier today that, following review of my application by the board on Jan 15th, I have been approved for a transfer interview, scheduled for May 14th. I have a standing job offer, and I would like to begin to see patients in the near future.

I'm hesitant to take on a caseload at this time, as I will likely "run out" of clinical days permitted under courtesy registration before achieving full registration , even if I extend from the initial 21 day to 40 days. I do not want to prematurely discontinue with my patients after establishing care. Please let me know if it is possible to extend the courtesy registration beyond the 40 day period.

Accepted Answer

It would be fine to extend courtesy registration to accommodate in the circumstances and for reasons related to continuity of care that may be required for clients. If we go beyond 21 days then there would be the standard charge of $200, and we would need to assess for more fees. However, at this time, it would be best to ask her to keep track of the actual hours of practice as they unfold, given the free version even includes 157.5 hours. If she needs to extend the time at a later date then she can simply contact the office and we can determine if standard of $200 is going to cover it (or at most, the fee would be the pro-rated annual fee applicable calculated at the time when she actually determines that she will requires the extension).

REGULATING PSYCHOLOGISTS IN NOVA SCOTIA SINCE 1980

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I wonder if you could provide some clarification for me. Is it permissible under our statute that a non-psychologist can be the owner of a psychological services company in Nova Scotia?

I’ve been asked to assist a psychologist with incorporating. Are the any NSBEP requirements relating to this that I should be aware? I looked on your website but wasn’t able to see anything.

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