Ethical & Professional Issues Flashcards
2002 Ethics Code
Ethical Principles of Psychologists and Code of Conduct; five general principles and ten ethical standards
Changes made to 2002 Ethics Code
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
2016 Amendment to Ethics Code
psychologists not involved in torture
Ethics Code general principles
aspirational, explicitly stated that they are not enforceable rules
Ethics Code ethical standards
enforceable rules guidelines for ethical behaviors of psychologists
Malpractice lawsuit
based on four D’s: derelictions of duty directly causing damages; all four must be met to hold therapist liable
Dereliction
therapist failed to provide care that is reasonable (i.e., negligence)
Duty
therapist has legal relationship with patient that gives rise to duty
Reasonable (Ethics Code)
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.”
Five General Principles (Ethics Code)
Beneficence and nonmaleficence; fidelity and responsibility; integrity; justice; respect for people’s rights and dignity
Beneficence and nonmaleficence
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
Fidelity and responsibility
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
Integrity
general principle; should promote honesty, accuracy, and truthfulness; avoid fraudulent activities; commitments and promises upheld; deception only used with great care
Justice
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
Respect for people’s rights and dignity
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
Ten Ethical Standards (Ethics Code)
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
Ethical violations of other psychologists
attempt informal resolution (if appropriate) and then report if unsuccessful
Subpoena duces tecum
requires therapist to appear with client records
If client does not provide permission for information to be released in subpoena and subpoena is not quashed
therapist should appear at designated location with requested records but assert patient-therapist privilege and neither testify nor turn over records
Court order
signed by judge, carries weight of law
Court-ordered therapy
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
Standards for educational and psychological testing (1999)
three parts: (1) test construction, evaluation, documentation, (2) fairness in testing, (3) testing application
Mental Measurement Yearbook (MMY)
most comprehensive and authoritative compilation of test reviews
Tests in Print
comprehensive bibliography of all known commercially available tests that are currently in print in English
Psychological services
evaluation, diagnosis and assessment of individuals, groups, and organizations; intervention; consultation; program development; administration and supervision of psychological services; and evaluation of psychological services
Professional psychologists
have a doctoral degree in psychology from an organized, sequential program in a regionally accredited university or professional school
Records
at a minimum, records of psychological services should include diagnoses, initial findings, treatment plan, dates of service, progress in treatment plan
Health Insurance Portability and Accountability Act (HIPPA)
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
Privacy rule (HIPPA)
effective April 2003; regulations and safeguards regarding confidential patient information
Transaction rule (HIPPA)
effective October 2003; nationally standardized format for all health-care transactions transmitted electronically, including insurance claims
Security rule (HIPPA)
effective April 2005; issues of physical security, such as locking filing cabinets and encrypting emails
Family Educational Rights and Privacy Act (FERPA)
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
Buckley Amendment
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
Protected health information (PHI)
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
Psychotherapy notes
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
Generalized consent
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
Authorization
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
Six basic patient’s rights (HIPPA)
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
Right of notice (HIPPA)
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
Right to request restrictions (HIPPA)
patient right to “reasonable requests” to restrict use and disclosure of PHI
Access to records and psychotherapy notes (HIPPA)
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
Right of amendment (HIPPA)
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
Right of accounting (HIPPA)
right to receive accounting of all disclosures of PHI for past six years; date, party, description, purpose;
HIPPA duties of psychologist
written privacy policy; tracking disclosures; compliance of employees and business associates; protection for psychotherapy notes (maintain separately); safeguarding access to PHI
