Ethical & Professional Issues

Question 1

2002 Ethics Code

Answer 1

Ethical Principles of Psychologists and Code of Conduct; five general principles and ten ethical standards

Question 2

Changes made to 2002 Ethics Code

Answer 2

clearer and more specific language to prevent use against psychologists legally;
addresses use of electronics for providing and documenting services;
gender identity and culture added to diversity factors;
may provide services for which not fully competent in emergency situations;
clarified informed consent procedures;
multiple relationships clearly defined, not inherently unethical;
not told to refrain from bartering;
raw test data can be released to anyone client authorizes;
termination permitted when client presents risk to therapist or when managed care requires termination;
protections for graduate students;
assessment standards for different populations; altered standards for publication credit;
use of interpreters;
guidelines for confidentiality in group settings

Question 3

2016 Amendment to Ethics Code

Answer 3

psychologists not involved in torture

Question 4

Ethics Code general principles

Answer 4

aspirational, explicitly stated that they are not enforceable rules

Question 5

Ethics Code ethical standards

Answer 5

enforceable rules guidelines for ethical behaviors of psychologists

Question 6

Malpractice lawsuit

Answer 6

based on four D’s: derelictions of duty directly causing damages; all four must be met to hold therapist liable

Question 7

Dereliction

Answer 7

therapist failed to provide care that is reasonable (i.e., negligence)

Question 8

Duty

Answer 8

therapist has legal relationship with patient that gives rise to duty

Question 9

Reasonable (Ethics Code)

Answer 9

defined as “the prevailing professional judgment of psychologists engaged in similar activities in similar circumstances, given the knowledge the psychologist had or should have had at the time.”

Question 10

Five General Principles (Ethics Code)

Answer 10

Beneficence and nonmaleficence; fidelity and responsibility; integrity; justice; respect for people’s rights and dignity

Question 11

Beneficence and nonmaleficence

Answer 11

general principle; aim to benefit those they serve and do no harm; safeguard welfare of others and animals used in research; aware of own physical and mental health’s impact

Question 12

Fidelity and responsibility

Answer 12

general principle; establish relationships of trust with those with whom they work; should be aware of responsibilities, uphold professional standards; encouraged to clarify role, manage conflicts of interest, consult and cooperate with other professionals; concerned with ethical compliance of others; encouraged to contribute some of services for little or no compensation

Question 13

Integrity

Answer 13

general principle; should promote honesty, accuracy, and truthfulness; avoid fraudulent activities; commitments and promises upheld; deception only used with great care

Question 14

Justice

Answer 14

general principle; all persons should benefit from contributions and be treated with equal quality in all psychological activities; ensure own biases and limitations of competence do not result in unjust practices

Question 15

Respect for people’s rights and dignity

Answer 15

general principle; respect for the rights of privacy, confidentiality, and self- determination; recognize and respect differences among persons based on age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, language, and socioeconomic status; try to eliminate effects of biases based on these factors

Question 16

Ten Ethical Standards (Ethics Code)

Answer 16

resolving ethical issues; competence; human relations; privacy and confidentiality; advertising and public statements; record keeping and fees; education and training; research and publication; assessment; therapy

Question 17

Ethical violations of other psychologists

Answer 17

attempt informal resolution (if appropriate) and then report if unsuccessful

Question 18

Subpoena duces tecum

Answer 18

requires therapist to appear with client records

Question 19

If client does not provide permission for information to be released in subpoena and subpoena is not quashed

Answer 19

therapist should appear at designated location with requested records but assert patient-therapist privilege and neither testify nor turn over records

Question 20

Court order

Answer 20

signed by judge, carries weight of law

Question 21

Court-ordered therapy

Answer 21

court has ordered defendant to seek out therapy; defendant is client; therapist must obtain signed release of information from client in order to be able to communicate with court

Question 22

Standards for educational and psychological testing (1999)

Answer 22

three parts: (1) test construction, evaluation, documentation, (2) fairness in testing, (3) testing application

Question 23

Mental Measurement Yearbook (MMY)

Answer 23

most comprehensive and authoritative compilation of test reviews

Question 24

Tests in Print

Answer 24

comprehensive bibliography of all known commercially available tests that are currently in print in English

Question 25

Psychological services

Answer 25

evaluation, diagnosis and assessment of individuals, groups, and organizations; intervention; consultation; program development; administration and supervision of psychological services; and evaluation of psychological services

Question 26

Professional psychologists

Answer 26

have a doctoral degree in psychology from an organized, sequential program in a regionally accredited university or professional school

Question 27

Records

Answer 27

at a minimum, records of psychological services should include diagnoses, initial findings, treatment plan, dates of service, progress in treatment plan

Question 28

Health Insurance Portability and Accountability Act (HIPPA)

Answer 28

federal law signed into effect in 1996; designed to protect those with medical conditions from losing insurance when changed jobs or moved; also intended to streamline health care system with consistent standards for transmitting uniform electronic health care claims; comprised of three rules: privacy rule, transaction rule, security rule; no jurisdiction over educational records

Question 29

Privacy rule (HIPPA)

Answer 29

effective April 2003; regulations and safeguards regarding confidential patient information

Question 30

Transaction rule (HIPPA)

Answer 30

effective October 2003; nationally standardized format for all health-care transactions transmitted electronically, including insurance claims

Question 31

Security rule (HIPPA)

Answer 31

effective April 2005; issues of physical security, such as locking filing cabinets and encrypting emails

Question 32

Family Educational Rights and Privacy Act (FERPA)

Answer 32

also known as Buckley Amendment; 1974; protects privacy of student records in higher education institutions; provisions granting right of access to one’s own records and limiting disclosure of records

Question 33

Buckley Amendment

Answer 33

FERPA; 1974; protects privacy of student records in higher education institutions; provisions granting right of access to one’s own records and limiting disclosure of records

Question 34

Protected health information (PHI)

Answer 34

information that identifies a patient and is transmitted or maintained in any form; includes information about mental health condition of patient, provision of services, payments, chart notes kept on patient

Question 35

Psychotherapy notes

Answer 35

historically termed “process notes”; document or analyze content of counseling sessions; must be separated from rest of record in order to be consider psychotherapy notes and afforded special protection; managed care organizations and other third-party reimbursement entities may not require release for reimbursement; to be disclosed, patient must complete specific and detailed authorization

Question 36

Generalized consent

Answer 36

patients must be informed of practitioner’s privacy policy but do not have to given written consent to disclosures of PHI for purposes of treatment, payment, or carrying out health care operations

Question 37

Authorization

Answer 37

obtaining permission to disclose information on a release of information form; needed for any disclosure that is not for the purpose of treatment, payment, or carrying out health care operations

Question 38

Six basic patient’s rights (HIPPA)

Answer 38

right of notice; right to request restrictions; right to receive confidential communications by alternative means and at alternative locations; access to records and psychotherapy notes; right of amendment; right of accounting

Question 39

Right of notice (HIPPA)

Answer 39

patient right to be informed about psychologist’s privacy policy and ways health information may be disclosed; patient’s right to limit uses and disclosure; should be provided written copy

Question 40

Right to request restrictions (HIPPA)

Answer 40

patient right to “reasonable requests” to restrict use and disclosure of PHI

Question 41

Access to records and psychotherapy notes (HIPPA)

Answer 41

ight to inspect and receive PHI in medical record; records may be withheld only when disclosure would jeopardize life or physical safety of patient or others; according to HIPPA, patients do not have a right to inspect or obtain their psychotherapy notes

Question 42

Right of amendment (HIPPA)

Answer 42

patients may request changes to PHI to improve accuracy; changes should be noted as amendments, original not deleted; all requests and communication must be documented

Question 43

Right of accounting (HIPPA)

Answer 43

right to receive accounting of all disclosures of PHI for past six years; date, party, description, purpose;

Question 44

HIPPA duties of psychologist

Answer 44

written privacy policy; tracking disclosures; compliance of employees and business associates; protection for psychotherapy notes (maintain separately); safeguarding access to PHI