Chapter 3: Privacy, Informed Consent, Confidentiality, and Record Keeping Flashcards
1
Q
Privacy
A
- The professional obligation to respect the privacy of clients and other recipients of school psychological services has its roots in the U.S. Constitution, case law, statutory law, and professional ethics.
- Principles and standards regarding privacy are included under NASP’s first broad ethical theme, Respecting the Dignity and Rights of All Persons.
2
Q
Informed Consent
A
- Three elements of informed consent are that it is knowing (informed), competent, and voluntary.
“Competent” means that individual is legally competent to provide consent under state law. Consent is typically sought from the parent of a minor child - ## The practitioner describes the nature and scope of services offered; assessment-intervention goals, procedures, and expected duration; any foreseeable risks or discomforts; the cost of the services to the parent or student (if any); the benefits that can reasonably be expected; the possible risks of not receiving services; information about alternative services that may be beneficial; and the extent to which confidentiality of information will be maintained.
3
Q
New Jersey v TLO 1975
A
- Supreme court upheld that students have the 4th amendment right to be free from unreasonable search and seizure.
- Reasonable suspicion vs probable cause
- Search must not be excessively intrusive and more personal the search must correlate with the intensity of reason for search.
4
Q
Sterling v Borough Minersville 2000
A
- Privacy rights regarding sexual orientation
- right to be free from forced disclosure of sexual orientation.
5
Q
Parham 1979
A
- Upheld that parents can commit a minor to mental institution for treatment.
- viewed minors as incompetent to make decisions concerning their own need for treatment.
6
Q
Confidentiality
A
- An explicit promise or contract to reveal nothing about an individual except under conditions agreed to by the source or subject.
- School psychologists inform students and other clients of the boundaries of confidentiality at the outset of establishing a professional relationship. They seek a shared understanding with clients regarding the types of information that will and will not be shared with third parties. However, if a child or adolescent is in immediate need of assistance, it is permissible to delay the discussion of confidentiality until the immediate crisis is resolved.
- Important for building and maintaining the trust essential to a helping relationship.
- Psych determines the parameters of confidentiality.
- ## If students offer to disclose personal matters on condition that psych “not tell anyone,” psych should not enter such an agreement and tell them it depends on what they have to tell and why.
7
Q
Need-to-Know Principle
A
- Share information only on need to know basis.
- Who needs to know?
- Should I seek parent permission to share this information with other school staff?
- What do they need to know to be able to assist the child?
8
Q
Privilege
A
- Privilege refers to the legal right of the client (the parent of a minor child) to prevent disclosure of information revealed in the psychologist-client relationship to others.
- Typical Exceptions to Privilege:
State-mandated reporting, such as child neglect or abuse.
Intent to self-harm or harm others.
Proceedings to hospitalize for mental illness.
Judge may waive in child custody procedures.
9
Q
Nondisclosure Laws
A
- Often found in state occupation or health laws. Psychologists can be held liable for unauthorized disclosure to third parties of privileged client communications if the disclosure creates legal, social, or other risk for the client(s).
10
Q
Evidentiary Privilege
A
- A legal term that refers to the right of a person in a special relationship to prevent the disclosure in court of information given in confidence in the special relationship. Where evidentiary privilege is extended to school psychologists, it generally means that a client can prevent the psychologist from disclosing information shared in a psychologist–client relationship in a legal proceeding
- ## The client may voluntarily waive privilege (i.e., give consent for the psychologist to disclose privileged communications), and then the psychologist must provide relevant testimony.
11
Q
Family Educational Rights and Privacy Act (FERPA)
A
- No federal funds will be made available to schools unless they adhere to the pupil record-keeping procedures outlined in the law.
- In accordance with FERPA, parents have access to all official school education records of their child, the right to challenge the accuracy of records, and the right to a hearing when disagreements arise regarding the accuracy of records.
- Parents have a legal right to inspect and review their child’s education records.
- Parents have a right to review their child’s answers on individually-administered test protocols, but not manuals or stimulus materials.
- Student education records are to be available only to those in the school setting with a “legitimate educational interest,” and parent consent must be obtained before records are released to agencies outside of the school.
- Sole possession records allowed - records kept in sole possession of psych eg. personal notes
12
Q
Personally Identifiable Information (PII)
A
- Information in an education record is considered to be personally identifiable if it includes or is linkable to direct personal identifiers, such as student name or Social Security number, or indirect identifiers, such as mother’s maiden name, that alone or in combination would allow identification of the individual student
13
Q
Newport-Mesa Unified School District v. State of California Department of Education (2005)
A
- Case ruled that providing parents a copy of a child’s answers on a completed test protocol is permissible within “fair use” provision of federal copyright protection.
- Court suggested parents be asked to sign a nondisclosure agreement prior to providing them a copy of a protocol.
- Court did not rule on intellectual property rights of test publisher.
