Ethical and Legal Issues

Question 1

Rule: In order to render any psychological service for a fee (to individuals, groups, organizations, or the public), a psychologist must be licensed.

Answer 1

Issue: NECESSITY OF LICENSE

B&P Code 2903

Question 2

Rule: Psychologists render any psychological service to individuals, groups, organizations, and the public. Note: Does not include prescribing drugs, surgery, administering ECT.

Answer 2

Issue: SCOPE OF PRACTICE

B&P Code 2903

Question 3

Rule: A psychologist must know what she/he is doing as determined by education, training, and supervised experience. If not, she/he must gain the competence immediately or make a thoughtful/appropriate referral. Note: Includes Mandate for Continuing Education

Answer 3

Issue: COMPETENCE
(CCR 1396)
(APA Ethics Code 2.01 – 2.06)
CCR – California Code of Regulations

Question 4

Rule: Clients must be informed of anything that might affect her/his decision to enter/remain in treatment (or participate) including fees, cancellation policy, the limits of confidentiality, and intern or trainee status.

Answer 4

Issue: INFORMED CONSENT
(common law; WIC 5326.5)
(APA Ethics Code 3.10, 8.02, 8.03, 8.05, 9.03, 10.01)

Question 5

Rule: A psychologist must do what is in the best interests of the client. If the client is not benefiting from treatment, she/he must seek consultation and/or make a thoughtful and appropriate referral. Note: Therapy relationship = “fiduciary relationship”

Answer 5

Issue: CLIENT WELFARE
(APA Ethics Code 3.01 – 3.06, 3.08, 3.12, 10.05 – 10.10)
Related Issues:
Mode of treatment
Duty to refer
Dual relationships (sexual/non-sexual exploitation)

Question 6

Rule: A psychologist must not disclose any information given to the psychologist by her/his client during the course of treatment.

Exceptions (Limits of confidentiality):
Child abuse (PC 22264; WIC 15610.27, 15610.27, 15610.23, 15630)
Elder/dependent adult abuse (CCR 1845(c), 1881(o), 1858 (o))
Suicide (WIC 5150)
Threatened harm to others (CC 43.92)
Court-ordered breach

Note: New court case (Ewing V Goldstein) extends Tarasoff to notification of client dangerousness from family members

Answer 6

Issue: CONFIDENTIALITY
(Evid Code 1012 – 1015)
(APA Ethics Code 4.01 – 4.07)

Question 7

Rule: To treat a minor, a psychologist must have the consent of parent with legal custody or legal guardian is required. Exceptions:

Emancipated minors
12+ years old, mature enough, and danger of severe physical or mental harm w/o treatment or victim of child abuse

Certain situations (e.g., drug/alcohol problems)

Answer 7

Issue: TREATMENT OF MINORS

Fam Code 6920 – 6929

Question 8

Rule: Psychologists do not receive commissions or rebates for referrals (referrals)

They do not offer services to persons already receiving services from another therapist (Mutual clients)

Exception: Except by agreement with other therapist or following termination

Answer 8

Issue: INTER-PROFESSIONAL RELATIONS

APA Ethics Code 10.04