Ethics Flashcards
Informed consent
-Good for 6 years
-Should include need to report and when (limits of confidentiality)
-things may get worse before they get better
-payment
-boundaries of competence
-must understand information presented (language/developmental)
-Pt must be competent to give consent
-Pt must give consent voluntarily
-
Duty to warn
California Tarasoff Statute
The legal duty of a psychiatrist/psychologist to warn a potential victim when a pt presents a risk of harm to said person
background: after finding out of an unmutual liking for someone, pt was dx with paranoid schizophrenia and killed victim after admitting that this was his plan in therapy
mandated reporting
The legal requirement for certain professionals, including mental health professionals, to report suspected cases of harm or neglect, such as child abuse or elder abuse, to appropriate authorities.
HIPPA (and shared medical drive)
Health Insurance Portability and Accountability Act 1996
-Provides data privacy and security provisions for safeguard medical information
-Protects PHI from being disclosed w/o ROI
-Addresses 3 primary concerns related to electronic transmission
1. security
2. privacy
3. efficiency (transactions)
-Requirements
1. Pt must understand info presented
2. Consent must be given voluntarily
3. Pt must be competent to give consent
disclosures of personal health information
The sharing of individuals’ health-related data with authorized individuals or entities for specific purposes, such as treatment, payment, or as required by law, in compliance with privacy laws and regulations like HIPAA.
privilege (in the legal sense)
Exception to the general rule that the public has a right to relevant evidence in a court proceeding without privilege statute or a common-law rule a therapist may be charged with contempt of court for refusing a court order to testify about a pt’s psychotherapeutic communication
Info that is normally excluded from the purview of court - a relief from the duty to speak in court proceedings about a certain matter
preserves and protects individuals as they exercise their freedom to develop their personality identity,
choose their values and shape the course of their lives one person's prerogative on whether or not they
share something basic principle is that information is shared on a need-to-know basis keep things to
myself
Record Keeping
State dependent
Dual factor access - half of info in one place, half in another
OR records be kept for 7 years
Must be secure and off-site secured if electronic
Retaining psychotherapy notes is NOT required, may be shredded (records request DO NOT include psychotherapy notes, unless mandated by court)
IF records are kept after psychologist retirement, license must be kept up to date (every 2 years)
Basic standard
The minimum level of care, competence, and ethical conduct expected of mental health professionals, encompassing adherence to professional codes of ethics, standards of practice, and legal requirements.
Multiple relationships
APA
Professional role and another role with the same person, personal r/s with someone closely associated with pt, promise to have a r/s with pt or closely related person in future
Psychologist must refrain from entering a multiple r/s
-only unethical if they impair objectivity or competence
-according to Dr. Bufford - these are unavoidable at times and not treating the pt can be more unethical
Risk management
Clinical risk = patient risk x context x disciplinary consequences/ therapist factors
Implementing and maintaining preventative and protective risk management to avoid malpractice
Suicide risk: assess danger (feelings, intent, plan, means), hx, context, substances, protective/risk factors, collateral, plan
Bartering
The exchange of goods or services for psychological services instead of monetary payment, with ethical guidelines cautioning against its use in therapy due to the potential for exploitation, boundary violations, and conflicts of interest.
Ethics hierarchy
Federal -> HIPPA -> state statutes (ORS) -> state admin rules (OAR) -> APA -> organization/institution -> professional morals
