Ethical and legal Flashcards
Where in COE does confidentiality come under
Principle 1 Respect for the Dignity of Persons and Peoples
1.6 privacy and confidentiality
What acts (legally) associated with confidentiality
Privacy Act and Health Information privacy Code
What is confidentiality
- Promote a persons right to privacy
- Do not disclose personal information without informed consent
- Only collect info that is needed
- Inform what will do with info
- Store, discard to keep privacy
Limits to confidentiality + where in COE
COE Principle 1.6
- Warn others
- Abuse of child
- Public safety
- Harm to self or others
- Court orders
- Supervision/ Team setting
Descretion to warn vs duty to warn
- DISCRETION to warn (not DUTY to warn)
- will still be held accountable for professional negligence so still a duty
- Protected against legal action by the client if we warn from serious threat by rule 11
importance of children
Child abuse: what act, section numbers and what COE -
- Principle 1.5 – Principle 2.5
- Advocate for the young person
- Welfare for young person takes precedence
- Oranga Tamariki Act 1
- Section 14: Risk = serious harm, suffering or likely to suffer, neglect – unable to care for child, child behaving in harming (even mental or emotional) to others, or child committed series offence
- Section 15: report to = chief executive or police
- Section 16: immunity from consequences for reporting
What is the purpose of COE
- Unify practices of all professions
- Helps in decision making
- For public to know what to expect
What is informed consent + where in COE
COE Principle 1.6 / mental health act (right to make informed choice)
* Aware of assessment, intervention, results, duration, purpose, benefits, risks
* Consent is given voluntarily
* The client has the capacity to consent
* Evidence for consent
* Opportunity to clarify
What about a child and informed consent?
- Same as above +
- language they will understand
- environment they feel comfortable
- Ample opportunities for questions
Who can consent
What is consent-based off
Who can consent
* No age of consent
* Competent – all deemed competent unless incompetence established
What is consent-based off
* Ability to consent = age, maturity, complexity of service, alcohol intake, pain, distress, brain injury, interest level of child, language memory attention (ability of neuropsychic tests to establish competence remains unclear),
* Court says: comprehend and retain important info about treatment, can believe it, can weigh the risk and need and arrive at a choice, can communicate a decision
What if child cant consent
- Guardian of the child consents (no legal requirement to have both consents)
- Both guardians should consent if one doesn’t the other can make an appeal to the court – not a legal guideline for the psychologist to gain consent from both guardians but good practice to discuss consent with both parents
What if Refusing treatment + where in COE
- Right to refuse treatment
- Often courts find a child incompetent to refuse treatment and give it any way…even if child and parent disagrees
- E.g.; Teenagers with anorexia refuse treatment - The judge held that although she had sufficient understanding to make an informed decision, the judge had the inherent power under his or her parents patriae jurisdiction to order the treatment be given
How are records shared + what principle in COE
Record keeping + what principle in COE
How are records stored and shared – principle 2
- Parents don’t have the right to child’s medical health records
- If other health providers want info then ask the client
Record keeping – Principle 3
- Can’t carry identifying records unless pandemic EQ etc then need extra caution
Conflict of interest + what prinicple in COE
Principle 3.4
- recognise that conflicts of interest are a threat to the integrity of relationships.
- seek to avoid relationships that might present a conflict of interest.
- Where unavoidable, psychologists identify any real or potential conflicts of interest and take all reasonable steps to address the issue in the best interests of the parties.
What is professional misconduct
Professional misconduct
- Abusing clients
- Having a personal relationship with clients – this obviously includes sex but would also include dating, etc
- Practising under influence of drugs or alcohol
- Failing to provide adequate information on a procedure
- Poor record keeping
- Breaches of confidentiality: unless public interest duty over-rides confidentiality contract
- Practicing outside of one’s area of competency
- Not adhering to the scientific literature on empirically validated treatments
- Exploiting work relationships to further own personal or business interests
- Calling yourself a psychologist if not registered
- Releasing test questions of psychological assessment tools
Maintain appropriate boundaries - where in COE
– Principle 3.3
How to protect against professional misconduct
- Supervision
- Reflective practice
- Transference / countertransference
- Competency
Competence + COE
Competence informed through + COE
Cultural competence + COE
Ones values stress etc + COE
Competency – Principle 2.2
- attain and maintain knowledge and skills
- Recognise limits – only provide service where competent
- Can justify decisions in light of current psychological knowledge and standard practice
informed through - Principle 4.1
- relevant reading, peer consultation, and continuing education
Continual cultural competency – 4.2
- seek appropriate training regarding customs and culture of the group with whom they are working.
how ones stress values etc influence - Principle 3
Regular supervision COE
Principle 2.2
Aware of how individual factors (stresses, values, beliefs) influence work - COE
– Principle 2.2 + 3.2
Accountability + COE
4.4
Principle 1
MOSES/ PAUL
Respect for the Dignity of Persons and Peoples
1.1: General Respect
1.2: Non-Discrimination
1.3: Relationships between Maori and non Maori
1.4: Sensitivity to Diversity
1.5: Children/Young Persons -
1.6: Privacy and Confidentiality-
1.7: Informed Consent
Principle 2
DANIEL
Principle 2 Responsible caring
2.1: Promotion of Wellbeing- do no harm (sexual rela with clients and supervisees not permissible)
2.2: Competence- recognise limits to own competency, rely on scientific knowledge/evidence, maintain up to date skills, reflect on own biases/values and how they influence work with client
- Common law eg if therapist didn’t show duty of care and client is harmed - Negligence
2.3: Active Participation
2.4: Vulnerability
2.5: Children/Young Persons- take account of the developmental level of children/young persons and do not exploit them in any way
2.6: Well-Being of Human Research Participants
2.7: Animals
Principle 3
JOSEPH
Principle 3 Integrity in relationships
3.1: Honesty
3.2: Personal Values
3.3: Structure of Relationships- maintain appropriate boundaries with those with whom they work
3.4: Conflicts of Interest- conflicts of interest are a threat to the integrity of relationships (inc sexual rela), seek to avoid dual relationships & do not exploit any work relationship to further their own personal or business interests and consider power differential
