1.0 DEFINITIONS AND INTERPRETATIONS Flashcards
Confidential Information
Means information revealed by a client or otherwise obtained by a registrant, where there is a reasonable expectation that because of the relationship between the client and the registrant, or the circumstances under which the information was revealed or obtained, the information must not be disclosed by a registrant without the informed written consent of the client or the client’s legal guardian
Consent
The process of seeking “consent” means the client has been informed regarding, and understands, all relevant significant information that might influence their decision to accept a given psychological service, has the legal capacity to accept or reject the service, and has not been unduly influenced to accept the service
When can assent be sought?
Assent” may be sought (subject to any other applicable legal requirements) when a client either lacks the legal capacity to accept or reject the service, is compelled by law to accept the service, or lacks the capacity to understand all relevant significant information that might influence their decision to accept the service
What is the process of seeking assent?
The process of seeking “assent” means the client has been informed to the fullest extent possible (based on their mental capacity) regarding relevant significant information that might influence their decision to accept the service, and has agreed to accept the service. In the event the client lacks legal capacity or is compelled to accept the service but does not lack the mental capacity to understand all relevant significant information that might influence a decision to accept the service, the informed assent process is the appropriate term, and use of the term “assent” rather than “consent” serves to emphasize the conditions under which the client agreed to the service. The process of seeking “assent” from the client does not substitute for any other legal requirement to seek consent from the client’s guardian, representative, or other substitute decision maker, where applicable.
Professional relationship
Means a mutually agreed upon relationship between a registrant and a client for the purpose of the client obtaining the registrant’s professional expertise
Professional service
Means all actions of a registrant in the context of a
professional relationship with a client
Psychological services
Means a service included in the practice of
psychology
Records or practice record
Includes notes, reports, invoices, completed or
partially completed test forms and protocol sheets, test results, interview notes, correspondence, emails, and other documents in whatever form, including information stored in digital form or on audio or videotapes, in the primary control of the registrant and related in any way to the registrant’s provision of psychological services to the client
Meaning of client
In this Code, “client” means the person who is receiving psychological services. In most cases the references to “client” will mean an individual, couple, family, group, or organization; however, a client may also be a corporate entity or other organization when the services are intended to primarily benefit the entity or organization. Registrants may also have professional obligations to individuals or entities other than the direct recipient of their services. Examples include third-party payers and institutions (eg., correctional centres, hospitals,
schools, etc.) that pay for services to clients under their jurisdiction.
In the case of a minor who is not competent to give consent or a legally incompetent adult, their legal guardian is considered the client for decision making purposes except in respect of the following issues:
a) issues directly affecting the physical or emotional safety of the individual, such as sexual or other exploitive dual relationships; and
b) issues specifically reserved to the individual, and agreed to by the legal guardian before rendering psychological services, such as confidential communications in a therapy relationship.
Sexual harassment
In this Code, “sexual harassment” means sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature that occurs in connection with the registrant’s activities or roles as a registrant, and that:
a) is unwelcome, offensive, or creates a hostile workplace environment;
or
b) is sufficiently severe or intense to be abusive to a reasonable person in the context.
For these purposes, “sexual harassment” may consist of a single intense or severe act or of multiple persistent or pervasive acts.
Interpretation aids
Ethics codes and standards for providers promulgated by the Canadian Psychological Association, the American Psychological Association, the Association of State and Provincial Psychology Boards, and any relevant practice advisories of the College may be used as an aid in resolving ambiguities which may arise in the interpretation of this Code
Conflict between standards
Despite Standard 1.4, if there is a conflict between a provision of this Code and any other professional standard, the provision of this Code prevails.
Conflict between codes and law
If there is a conflict between a provision of this Code and a requirement of law, the legal requirement prevails but the registrant must take the steps referred to in Standard 18.6
Inconsistency between provisions of the Code
Where there is a conflict or inconsistency between provisions of this Code:
a) a provision which specifically applies to the particular circumstances of the case prevails over a provision of general application; and
b) a provision which imposes a higher standard prevails over a provision which imposes a lower standard
