ethics Flashcards
What four conditions must be met in order for a malpractice claim to be valid?
1) psychologist has a professional relationship with a patient, 2) psychologist exhibited a breach/dereliction of duty, 3) patient suffered harm/injury because of the breach/dereliction, and 4) the psychologist’s breach/dereliction of duty was the direct or proximate cause of patient’s harm/injury
In order for compensatory damages to be awarded in a case of malpractice, what additional factor must be established?
the harm or injury must be financially quantifiable
What legal defense can be claimed by a defendant whose counsel advises that the accused is not guilty because of a mental defect/disease which led them to not appreciate/understand that their actions were legally/morally wrong when the crime was committed?
not guilty by reason of insanity
Which five steps are advised by APA when a psychologist receives a subpoena?
1) determine legal validity of the subpoena, 2) contact the patient to discuss, then formally respond to the subpoena, 3) if patient agrees, release the requested information - however if patient does not agree, ask the issuing party to limit/withdraw the request, 4) if negotiation with requesting party is unsuccessful, ask the court to quash the subpoena, and 5) if a deposition occurs without patient’s agreement to release information, assert patient/therapist privilege and only reveal that which has been agreed upon by the patient OR is court ordered
What legal term refers to a defendant’s current mental status, as it relates to their ability to cooperate with an attorney and understand charges and proceedings?
incompetent to stand trial
What type of person involved in a court case can testify regarding events they directly heard/observed, but cannot offer opinions or responses to hypothetical inquiries?
fact witness
When a psychologist is called as a fact witness (e.g., asked to testify about a patient’s response to treatment), they can provide information only under one of which two conditions?
court order or release of information from patient
What type of person involved involved in a court case can testify regarding information that they are privvy to because of education or specialized training?
expert witness
When a psychologist is called as a ________________, they can offer opinions and testimony in response to hypothetical inquiries.
expert witness
What information does an equivocal death psychological autopsy (EDPA) render?
when a person’s death is ambiguous, this form of inquiry can provide findings as to the manner of death (e.g., accident, homicide, natural causes, suicide, or undetermined)
What is the tool used to examine psychological factors that contributed to a completed suicide?
suicide psychological autopsy
Suicide psychological autopsies can be utilized for three purposes, including…?
clinical, forensic, and research purposes
If a clinical suicide psychological autopsy was conducted, this would help to accomplish what aim?
facilitate grief process of survivors by illuminating decedent’s state of mind
If a forensic suicide psychological autopsy was conducted, this would help to accomplish what aim?
establish facts related to insurance claims, malpractice, wills, worker’s compensation, and/or related legal affairs
If a suicide psychological autopsy was conducted in a research setting, this would help to accomplish what aim?
identification of risk factors and development of suicide prevention strategies
Which model of supervision is informed by theoretical orientation?
psychotherapy-based supervision models
Cognitive-behavioral supervision and person-centered supervision are examples of what supervision model?
psychotherapy-based supervision models
Which model of supervision posits that supervisees progress through states while learning and developing clinical skills, requiring less close monitoring over time?
developmental supervision model
Within the developmental supervision model, a Level I trainee would exhibit what characteristics?
Low in ability to self-evaluate, high in movation and anxiety, particularly regarding evaluations
Within the developmental supervision model, a Level II trainee would exhibit what characteristics?
Improved focus on clients and empathy, vascillating levels of motivation and autonomy/dependence
Within the developmental model of supervision, a Level III trainee would exhibit what characteristics?
Improved ability to notice their own reactions to patients, confidence, and greater levels of independence.
According to Bernard’s discrimination model (a process-based supervision model), what are the three supervisor roles?
Educator, counselor, and consultant
According to Bernard’s discrimination model (a process-based supervision model), what are the three focus areas (tasks)?
Intervention/process skills, conceptualization skills, and personalization skills
Which model of supervision highlights component roles, tasks, and processes occurring within supervision?
process-based supervision model
The APA Ethics Code applies to whom and under what circumstances?
applies to psychologists within the course of their professional duties; also deals with complaints of unethical behavior, felony convictions, loss of license, etc.
What are the five General Principles of the APA Ethics Code?
Beneficence & Nonmaleficence, Fidelity & Responsibility, Integrity, Justice, & Respect for People’s Rights & Dignity
What are the 10 Ethical Standards within the APA Ethics Code?
Resolving ethical issues; Competence; Human relations; Privacy & confidentiality; Advertising & other public statements; Record keeping & fees; Education & training; Research & publication; Assessment; & Therapy
What are the three conditions that must be met for a psychologist to have incurred vicarious liability?
1) psychologist must have authority over the employee or trainee; 2) the employee or trainee’s conduct deviated from the standard of care and caused damage to the patient; and 3) the employee or trainee’s conduct was within the scope of their designated responsibilities
Per APA requirements, how long must research data be retained?
for five years after the date of publication
