Ethical, Legal, and Professional Issues

Question 1

What sanctions can the APA Ethics Committee impose?

Answer 1

Reprimand, censure (formal statement of disapproval), expulsion, or stipulated resignation

Question 2

What directives can the APA Ethics Committee impose?

Answer 2

Cease and desist and activity, obtain supervision/additional training/education, be evaluated for treatment/receive treatment, or agree to probationary monitoring

Question 3

How should a psychologist proceed if ethical requirements and their state law are in conflict?

Answer 3

Psychologists should make their commitment to the Ethics Code clear and take steps to resolve the conflict. If it can’t be resolved, the psychologist should adhere to the requirements of law.

Question 4

How should a psychologist manage ethical violations by a colleague?

Answer 4

Psychologists should handle the ethical violation informally when appropriate (standard 1.04). If the violation involves “substantial harm,” a formal report is more appropriate (standard 1.05). Both standards require that client confidentiality be protected above all.

Question 5

Can a psychologist use knowledge of an ethics complaint in the process of hiring?

Answer 5

No. Psychologists cannot discriminate against individuals solely based on being the subject of a complaint.

Question 6

Can a psychologist terminate therapy on the basis of being threatened or endangered?

Answer 6

Yes. Standard 10.10 states that psychologists “may terminated therapy when threatened or otherwise endangered by the client, patient, or another person with whom the client or patient has a relationship.”

Question 7

Can a psychologist accept multiple roles in a forensic setting?

Answer 7

Yes, if the role expectations and issues related to confidentiality are clarified (Standard 3.05).

Question 8

When an individual is not legally capable of giving consent (e.g., a minor), how should a psychologist proceed?

Answer 8

The psychologist should provide him/her/them with an explanation, seek their assent, and obtain permission from a legally authorized person.

Question 9

Is consent required for consultation if the client’s identity can’t be disguised?

Answer 9

Yes, a client’s signed consent is required for consultation if the client’s identity can’t be disguised.

Question 10

Tarasoff v. Board of Regents

Answer 10

Psychologists have the duty to protect (formerly warn) an identifiable victim of a client or contact the police.

Question 11

Can a psychologist compensate or trade services with employees of the press, TV, or radio for publicity?

Answer 11

No.

Question 12

Who is required to ensure confidentiality of records in the event of the death or illness of a psychologist?

Answer 12

Individual psychologists are required to have a plan for protecting confidentiality of records in the event of their death, illness, or withdrawal from practice (Standard 6.02).

Question 13

Can an individual professional receive referral fees?

Answer 13

Standard 6.07 states that when referral fees are paid to an individual professional, they must be based on the actual services provided by the person making the referral.

Question 14

Is informed consent always required?

Answer 14

No. Standard 8.05 states that informed consent may not be necessary when the study is not likely to cause harm or distress or is part of normal educational or occupational practice.

Question 15

What circumstances allow deception in research?

Answer 15

1. The use is justified by the study’s prospective value.
2. Alternative non-deceptive procedures are not feasible
3. Participants are not deceived about conditions that are likely to cause pain or severe emotional distress
4. Participants are debriefed at the conclusion of their participation (or no later than at the conclusion of the data collection)

Question 16

When is a psychologist permitted to have a sexual relationship with a former client?

Answer 16

Two years after cessation of therapy, but only in “most unusual circumstances.” The psychologist bears the burden of demonstrating that the relationship is not exploitative

Question 17

Can a psychologist accept contingent fees in a forensic setting?

Answer 17

No.

Question 18

On average, how much older are male therapists who become sexually involved with female clients?

Answer 18

10 years

Question 19

What are the four conditions that must be met to establish a psychologist’s liability in a malpractice suit?

Answer 19

1. There must be a professional relationship and established legal duty of care.
2. There must be a demonstrable standard of care that was breached.
3. The person must have suffered harm or injury.
4. There must be evidence that the breach of duty was the cause of harm or injury.

Question 20

Subpoena Duces Tecum

Answer 20

Requires the recipient to provide documents or records, usually in conjunction with an appearance at a legal proceeding.

Question 21

What are the most frequent ethical violations reported by supervisees?

Answer 21

Inadequate performance evaluation and monitoring by supervisors

Question 22

What are the 6 steps to responding to a subpoena?

Answer 22

1. Determine if it is legally valid.
2. Contact the client or their attorney.
3. Negotiate with the requestor.
4. Seek guidance from the court informally by letter or formally with a motion to quash the subpoena.
5. If you do not have the client’s permission to provide testimony in court, assert the privilege.
6. If a court order is issued, comply or risk being held in contempt of court.

Question 23

Who do professional therapy records belong to?

Answer 23

The physical record belongs to the therapist, but the information contained therein belongs to the client.

Question 24

Dr. Wanda Weim, a licensed psychologist, receives a request to testify in a custody proceeding on
behalf of a male client that was receiving conjoint marital therapy six months prior. He requests Dr. Weim to provide
the court with information about his parenting skills and relationship with his spouse and children. Dr. Weim contacts
the man’s wife, who refuses to give the psychologist permission to testify. What should Dr. Weim do?

Answer 24

Refuse to testify. Multi-client situations create special considerations and concerns about confidentiality since it is not often possible to release information about one client without also revealing confidential information about another client. In this
situation, both clients (the husband and wife) must give their permission before Dr. Weim can release confidential
information. Therefore, she should refuse to testify, unless she is ordered to do so by the court.

Question 25

You receive an email from Dr. Brenda Browne, a licensed psychologist, who is currently seeing
one of your former clients for a substance use disorder. Dr. Browne asks you to forward the client’s record to her and
states that the client has signed a release authorizing you to do so. You should:

Answer 25

Contact the client to discuss the release of
information. Even though the person requesting the client’s record is a licensed psychologist, you would not want to breach
confidentiality by providing confidential client information to her without knowing specifically to what the client has
consented to.

Question 26

Kameko K., a psychology intern, administers psychological tests for a community mental health
clinic, but her supervisor always scores the tests and interprets the results. When preparing the psychological report
for these clients, the supervisor does not indicate that the intern administered the tests. This is

Answer 26

Unethical because the intern should be listed as the examiner in the report. This issue is not directly addressed by ethical guidelines, so the best approach when choosing the answer would be
to identify the one that is most consistent with the “spirit” of the guidelines. In this case, Standard 5.01(b) of the APA’s
Ethics Code prohibits psychologists from making misleading statements, and Standard 6.06 requires psychologists to
provide accurate information to payors and funding sources. It is also consistent with Principles III.1 and 5 of the
Canadian Code of Ethics.

Question 27

Calvin Claymore, a licensed psychologist, regularly waives the co-payment for low-income clients whose therapy fees are covered by insurance. This practice is:

Answer 27

Ethical only if the insurance company has agreed to this arrangement. The practice described in this question represents insurance fraud, which is both unethical and illegal. Most insurance
companies agree to pay a specific percentage of a psychologist’s fee but, when the co-payment is waived, this
means the insurance company is paying the entire fee. Consequently, regularly waiving the co-payment without the
permission of the insurance company represents insurance fraud.

Question 28

Malpractice is a tort involving which of the following?

Answer 28

Negligence

Question 29

As defined in the APA’s General Guidelines for Providers of Psychological Services and the CPA’s
Practice Guidelines for Providers of Psychological Services, what does “psychological services” NOT include?

Answer 29

Research

Question 30

The Examination for Professional Practice in Psychology (EPPP) is best described as which of the
following?

Answer 30

Measure of basic knowledge of psychology

Question 31

A psychologist who already has an established therapeutic relationship with a child is asked to
act as an expert witness in a divorce proceeding involving custody of the child. The psychologist’s best course of
action would be to

Answer 31

Decline the request to testify. The psychologist already has an established relationship with the child, which changes the situation in an important way. Since the psychologist has a therapeutic relationship with the child, it would be in the child’s best interests for the psychologist to refrain from testifying. Instead, the psychologist’s role should be to provide the child with
continued support.

Question 32

Responsibility for the validity of information provided by an automated test scoring and
interpretation service lies with:

Answer 32

The psychologist who uses the test scoring and interpretation service.