APA Ethics Code Standards 3 & 4 Flashcards
The Health Insurance Portability and Accountability Act (HIPAA) allows covered entities to disclose a patient’s personal health information (PHI):
A. only with an authorization signed by the patient or the patient’s legal representative.
B. without an authorization signed by the patient when it’s going to be used for the purpose of treatment, payment, or health care operations.
C. without an authorization signed by the patient only when it’s needed for the patient’s emergency treatment.
D. without an authorization signed by the patient when it meets the “minimum necessary” standard.
Answer B is correct. HIPAA’s Privacy Rule (45 CFR 164.506) states that a covered entity may disclose PHI without the patient’s authorization when it will be used for treatment, payment, or health care operations (TPO).
Which of the following is true about privilege?
A. It can be claimed and waived only by the client.
B. It can be claimed by the client and the client’s legal representative but waived only by the court.
C. It can be claimed and waived by the client, the client’s legal representative, and the therapist.
D. It can be claimed and waived by the client and the client’s legal representative and claimed by the therapist on behalf of the client.
Answer D is correct. The client or the client’s legal representative is the holder of the privilege, which means that the client or his/her representative decides when to claim or waive the privilege. However, psychologists may claim the privilege on behalf of a client when asked to disclose confidential client information in a legal proceeding.
Which of the following is NOT a HIPAA-compliant videoconferencing platform?
A. Zoom for Healthcare
B. Consumer Skype
C. thera-LINK
D. Doxy.me
Answer B is correct. Unlike the platforms listed in answers A, C, and D, Consumer Skype is not HIPAA compliant because it doesn’t offer audit control tools that allow monitoring access to protected health information, doesn’t provide notification in case of a breach, and will not enter into a business associate agreement.
____________ are the standards used in the APA’s Ethics Code to define sexual harassment.
A. Quid pro quo and reasonable woman
B. Hostile environment and reasonable person
C. Quid pro quo and hostile environment
D. Tangible detriment and reasonable person
Answer B is correct. Standard 3.02 of APA’s Ethics Code distinguishes between two types of behavior that constitute sexual harassment: behaviors that create a hostile work environment and behaviors that are sufficiently severe or intense “to be abusive to a reasonable person.”
Dr. Horowitz learns that a current therapy client has started dating one of Dr. Horowitz’s close friends. To be consistent with ethical guidelines, Dr. Horowitz should:
A. reduce her interactions with her best friend.
B. discuss the situation with her client to help determine the best course of action.
C. do nothing unless she notices that the situation is affecting her effectiveness as a therapist.
D. say nothing to the client or friend but take special precautions to protect the client’s confidentiality.
Answer B is correct. This answer is most consistent with Standard 3.05(b) of APA’s Ethics Code. It states that when, “due to unforeseen factors, a potentially harmful multiple relationship has arisen, the psychologist takes reasonable steps to resolve it with due regard for the best interests of the affected person and maximal compliance with the Ethics Code.” Of the answers given, the most reasonable step would be to discuss the situation with the client to help determine the best course of action.
Dr. Bharara, a licensed psychologist, saw Mr. and Mrs. D’Andrea and their two children in therapy for four months before the parents suddenly decided to get a divorce and stopped coming to therapy. One month later, Dr. Bharara receives a phone call from Mrs. D’Andrea who asks if he would be willing to conduct a custody evaluation of the children. As an ethical psychologist, Dr. Bharara:
A. should agree to do so only with the permission of both Mrs. and Mr. D’Andrea.
B. should agree to do so only if he believes his previous therapeutic relationship with the family will not interfere with his objectivity.
C. should agree to do so as long as he’s able to evaluate all family members.
D. should not agree to do so and provide Mrs. D’Andrea with an appropriate referral.
Answer D is correct. Multiple relationships are addressed in Standard 3.05 of APA’s Ethics Code and Paragraph II.7 of APA’s Guidelines for Child Custody Evaluations in Family Law Proceedings. Both prohibit psychologists from becoming involved in a multiple relationship that might impair their objectivity, competence, or effectiveness, and the Guidelines identifies conducting a child custody evaluation with current or former therapy clients as a multiple relationship that should be avoided.
Psychologists delivering mental health services in military settings should keep in mind that members of the military:
A. have the same confidentiality rights as other therapy clients.
B. have the same confidentiality rights as other therapy clients only when they were self-referred for therapy.
C. should be informed at the beginning of therapy about the military’s disclosure policies that affect confidentiality.
D. do not have any of the ethical or legal protections regarding confidentiality that other therapy clients have.
Answer C is correct. Client confidentiality is not handled in exactly the same way in the military as it is elsewhere because psychologists providing therapy to members of the military must adhere to Department of Defense rules that limit the confidentiality of mental health information. Informing members of the military about these limitations is consistent with the requirements of Standard 4.02 of APA’s Ethics Code. Note that answer D is incorrect because members of the military have some confidentiality rights – e.g., they have the right to be told about the limits of confidentiality.
When consulting with a colleague about a client who’s not responding to treatment, you:
A. must get authorization from the client before doing so.
B. must get authorization from the client before doing so if you cannot disguise her identity while discussing the situation with the colleague.
C. do not need to get authorization from the client as long as you disclose only confidential information that’s pertinent to the purpose of the consultation.
D. do not need to get authorization from the client as long as the colleague is a licensed mental health professional.
Answer B is correct. This answer is most consistent with Standard 4.06 of APA’s Ethics Code. It states that, when consulting with a colleague about a client, psychologists do not disclose confidential information “that reasonably could lead to the identification of a client/patient … unless they have obtained the prior consent of the person.”
