Ethics Flashcards
1
Q
APA
A
American Psychological Association
2
Q
ASPPB
A
Association of State and Provincial Psychology Boards
3
Q
Accredited college or university
A
an institution which is recognized as an institution of higher education under 22 Pa. Code (relating to education) or which is accredited by a regional accrediting association recognized by the Commission on Recognition of Postsecondary Accreditation (CORPA)
4
Q
accredited hospital
A
A facility which is recognized as a hospital under 28 Pa. Code (relating to health and safety), or which is defined as a health care facility in section 103 of the Health Care Facilities Act
5
Q
ACT
A
The Professional Psychologists Practice Act (to protect the public)
6
Q
Board
A
The State Board of Psychology of the Commonwealth
7
Q
bureau
A
The Bureau of Professional and Occupational Affairs of the Department of State of the Commonwealth
8
Q
child abuse
A
A term meaning any of the following:
1) A recent act or failure to act by a perpetrator which causes nonaccidental serious physical injury to a child under 18 years of age
2) An act or failure to act by a perpetrator which causes nonaccidental serious physical injury to a child under 18 years of age
3) A recent act, failure to act or series of acts or failures to act by a perpetrator which creates an imminent risk of serious physical injury to or sexual abuse or sexual exploitation of a child under 18 years of age
4) Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide the essentials of life, including adequate medical care, which endangers a child’s life or development or impairs a child’s functioning
According to Pennsylvania’s Child Protective Services Law (CPSL), child abuse is defined as intentionally, knowingly, or recklessly causing harm to a child. This includes:
Physical injury
Causing non-accidental serious physical injury through any act or failure to act, such as kicking, biting, throwing, burning, stabbing, or cutting a child. Other examples include unreasonably restraining or confining a child, forcefully shaking a child under one year old, or forcefully slapping a child under one year old. Signs of physical abuse include unexplained bruises, welts, cuts, broken bones, or burns. Behavioral signs include wearing inappropriate clothing, appearing withdrawn or depressed, or seeming afraid to go home.
Mental injury
Causing or contributing to serious mental injury through any act or failure to act.
Sexual abuse or exploitation
Causing sexual abuse or exploitation, or creating a likelihood of sexual abuse or exploitation.
Munchausen by proxy
Fabricating, feigning, or intentionally exaggerating or inducing a medical symptom or disease that results in a harmful medical evaluation or treatment for the child.
Failure to provide essentials
Failing to provide a child with adequate food, shelter, or medical care
9
Q
childline
A
An organizational unit of the Department of Public Welfare which operates 24 hours a day. Statewide, toll free telephone system for receiving reports of suspected child abuse, referring reports for investigation and maintaining the reports in the appropriate file
10
Q
client
A
A person, system, organization, group, or family for whom a psychologist provides psych services
11
Q
client/patient
A
A person, system, organization, group, or family for whom a psychologist provides psych services; in the case of individuals with legal guardians, including minors and legally incapacitated adults, the legal guardian shall be the client/patient for decision making purposes; the minor, legally incapacitated adult, or other person actually receiving the service shall be the client/patient for issues specifically reserved to the individual, such as confidential communications in a therapeutic relationship and issues directly affecting the physical or emotional safety of the individual, such as sexual or other exploitative dual relationships.
12
Q
confidentiality
A
Showing that you are saying something that is secret or private
13
Q
delegated supervisor
A
A person to whom the primary supervisor has delegated up to 1 hour of the 2 hours of required weekly supervision who holds a current license, certificate or registration from a health related board within the Bureau of Professional and Occupational Affairs or a person who is exempt from licensure
14
Q
doctoral degree in a field related to psychology
A
A degree awarded upon successful completion of a program which, within 1 year from the awarded of the doctoral degree meets one of the following:
- Is accredited by the APA or CPA
- Is designated by the ASPPB/National Register Designation Project
- Is offered by a foreign college or university whose standards are equivalent to the ASPBB/National Register Designation Project criteria
15
Q
doctoral degree in psychology
A
A degree awarded upon successful completion of a program in psychology which, within 1 year from the award of the doctoral degree, meets criteria above
16
Q
graduate training in psychology
A
The completion of 15 graduate semester hours in a doctoral degree program in psychology that includes any of the following:
- Provides in its core program required instruction in ethics, research and design methodology, statistics and psychometrics. Requires students to demonstrate competence in each of the following four substantive content areas: biological bases of behavior, cognitive-affective bases of behavior, social bases of behavior, individual differences.
- Includes supervised practicum, internship, field, or laboratory training appropriate to the practice of psychology
- Includes course requirements in specialty areas of psychology
17
Q
immediate family member
A
Parent/guardian, child, sibling, spouse, or other family member with whom the client/patient lives
18
Q
individual residing in the same home as the child
A
An individual who is 14 years or older and who resides in the same home as the child
19
Q
national register
A
The Council for the National Register of Health Service Providers
20
Q
perpetrator
A
A person who has committed child abuse and is a parent of the child, a person responsible for the welfare of a child, an individual residing in the same home as a child or a paramour of a child’s parent
21
Q
person responsible for the child’s welfare
A
A person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training or control of a child in lieu of parental care, supervision, and control. The term does NOT include a person who is employed by or provides services in a public or private school, IU, or VoTech
22
Q
primary supervisor
A
A currently licensed psychologist having primary responsibility for directing and supervising the psychology resident
23
Q
privacy
A
freedom from unauthorized intrusion
24
Q
privilege
A
a right or benefit that is given to some people and not to others
25
professional relationship
A therapeutic relationship which shall be deemed to exist for a period of time beginning with the first professional contact or consultation between a psychologist and a client/patient and continuing until the last date of the professional service. If seen on an intermittent basis, the professional relationship shall be deemed to start anew on each date the psychologist provides a professional service to the client/patient.
26
professional setting
A public or private agency or institution or a private practice where the applicant for licensure is supervised as a psychology trainee for the purpose of preparing for the independent practice of psychology and which provides an opportunity for contact with other disciplines and for work with a broad range of clients. The agency, institution, or private practice shall be responsible for the welfare of and the services to each client/patient of the applicant, for collecting fees for services and for providing easy and continuous access to the supervisor both by the application and the app’s clients
27
psychologist
A person who holds a license issued under the act to engage in the practice of psych.
28
psychology intern
A student participating in an internship as part of a doctoral degree program in psychology or a field related to psychology
29
psychology resident
An individual who has obtained a doctoral degree and is fulfilling the supervised experience requirement for licensure, or an applicant for licensure who is continuing training
30
psychology trainee
A psychology intern or resident
31
recent acts or omissions
Acts or omissions committed within two years of the date of the report to the Department of Public Welfare or county agency
32
serious mental injury
psychological condition, as diagnosed by a physician or licensed psychologist including the refusal of appropriate treatment, that does one or more of the following:
1. Renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic, or in reasonable fear that the child’s life or safety is threatened
2. Seriously interferes with a child’s ability to accomplish age appropriate developmental and social tasks
33
serious physical injury
An injury that causes the child severe pain or significantly impairs a child’s physical functioning, either temporarily or permanently
34
sexual abuse or exploitation
The employment, use, persuasion, inducement, enticement, or coercion of a child to engage in or assist another person to engage in sexually explicit conduct or a simulation of a sexually explicit conduct for the purpose of producing visual depiction, including photographing, videotaping, computer depicting or filming, of sexually explicit conduct or the rape, sexual assault, involuntary deviate sexual intercourse, aggravated indecent assault, molestation, incest, indecent exposure, prostitution, statutory sexual assault or other form of sexual exploitation of children.
35
sexual intimacies
Romantic, sexually suggestive, sexually demeaning, or erotic behavior. Including but not limited to intercourse, nontherapeutic verbal communication or inappropriate nonverbal communication of a sexual or romantic nature, sexual invitations, soliciting a date from a client, masturbating in the presence of a client (or encouraging them to), exposure, kissing or hugging, touching, physical contact or self-disclosure of a sexual or erotic nature.
36
virtue
Aristotle and Confuscious; character building rather than following the rules
37
deontological
duty-based ethics; act a certain way all the time KANT
38
utilitarianism
MILL happiness is the end goal, greatest good for greatest number
39
principle based
ROSS prima facia ethics (see which principles outweigh the others, what we use in ethics); consider consequences of all affected people
40
beneficence and non maleficence
Reflects dual obligation to strive to do good and avoid doing harm
-Promoting the welfare of others
-Treating people and animals humanely
-Increasing scientific and professional knowledge of behavior and people’s understanding of themselves
-Improving the condition of individuals, organizations, and society
Psychologists strive to benefit those with whom they work and take care to do no harm. Safeguard the welfare and rights, attempt to resolve these conflicts in a responsible fashion that avoids or minimizes harm.
41
fidelity and responsibility
Faithfulness of one human being to another
-Promise keeping
-Discharge and acceptance of fiduciary (trust) responsibilities
-Appropriate maintenance of scientific, professional and teaching relationships
-Responsibility to obtain and maintain high standards of competence in their work and concern with ethical compliance
-Psychologist avoid conflicts of interest that would jeopardize trust or lead to exploitation or harm
Trust, responsible, professional standards, cooperate
42
integrity
-Requires honest communication, truth telling, promise keeping, and accuracy in the science, teaching, and practice of psychology
-Refraining from making professional commitments that cannot be met and avoiding or correcting misrepresentations of one’s work
-Do not steal, cheat, or engage in fraud or subterfuge
What are some of the most common ways psychologists lack integrity?
-Lying, deceiving, misrepresenting work, giving false diagnoses to get someone services (time to use unspecified or other specified diagnoses)
Accuracy, honesty, and truthfulness
No cheating/stealing
43
justice
-provide all people with fair, equitable, and appropriate access to treatment and to the benefits of scientific knowledge
-Awareness and guarding against one’s own bias
Fairness and justice to all; equality, boundaries of competence, limitations
44
respect for peoples rights and dignity
-Informed consent
-Respecting diversity
-Privacy and confidentiality
-Assessment
Dignity and worth of all; vulnerabilities recognized; cultural issues/influence; prejudices known
45
Hoffman report
psychologists using methods of torture on post-911 detainees; went against human rights – obviously don’t do it
-Made clear that psychologists’ ethical duties supersede their legal obligations when their activities contribute in any way to violation of human rights
46
what to do when conflict between ethics and law cannot be resolved
-Psychologists are permitted to make a conscientious decision to comply with the legal or regulatory authority if their actions cannot be used to justify or defend violating human rights (Trestman, 2014)
-You can defy the law if the law violates human rights based on UN’s definition of human rights
-Standard 1.02 DOES NOT REQUIRE COMPLIANCE WITH THE LAW
47
when is informal resolution of ethical violation not feasible
i. Previous attempts to discuss the violation with offending psychologist were ineffective
ii. Offending psychologist is inaccessible
iii. Informal resolution would violate an individual’s confidentiality rights
48
PA law of legal impairment
automatic suspension of license and then a committee review; different rules around substance abuse
49
behaviors of substantial harm that need to be formally reported
sexual misconduct, insurance fraud, plagiarism, and blatant intentional misrepresentation
50
when is the ethic standard about making improper complaints not followed
Violated if psychologists making a complaint had access to information refuting the accusation – whether or not they availed themselves of such information.
51
unfair discrimination against compliant or respondent
a. Prohibits unfair discrimination against those who make ethics complaints.
b. Prohibits unfair discrimination against individuals who have been accused of, but not found to have committed, an ethical violation.
52
explain providing services in emergencies
can provide services outside of competence to ensure services are not denied. Discontinue services after emergency has ended or there can be an appropriate referral.
53
expert vs fact witness
Expert Witness: someone who has scientific, technical, or other special knowledge that allow the witness to give an opinion
-Not go outside comfort zone; easy to go outside competence
Fact Witness: knows about a particular case
54
does informed consent have to be discussed in the first session
no, as early as possible though
55
what must be discussed in informed consent
i. The nature of therapy (what is therapy?) – the therapeutic relationship and treatment
ii. Professional obligations of the therapist (insurance and diagnosis, etc.)
iii. Confidentiality and limits
iv. Fees
v. Therapist or client absence
vi. Contact information
vii. Crisis policy and availability
viii. Do you use email?→ but clarify that confidentiality cannot be enforced
ix. Texting policies
x. Office closures, snow policy, emergencies and how they will be informed
xi. Reminder calls
56
HIPAA
Health Insurance Portability and Accountability Act – applies to electronic media; if you transmit anything electronically you have to follow HIPAA laws
57
state preemption
federal law will only take place of state law if federal law better protects patient privacy
-PA state law is strict
58
covered entities under HIPAA
-Health care insurers
-Hospitals and health care facilities
-Health care providers who transmit information electronically
-Psychologists must comply if they bill electronically for just one patient
59
requirements under HIPAA
-Privacy notices
-Business associate agreements (can copy these or use pre existing forms)
-Privacy officers (every practice has to have one)
-Person that a client can go to if there is any problems or concerns around confidentiality and HIPAA related complaints
-If you act alone, you are this person; have to figure out how clients can handle these complaints
-Can be an administrator, not a clinician
60
privacy officer
-Oversees the implementation of confidentiality rules of health care organization
Handles training employees and reviewing grievances
-Have to be trained on HIPAA every single year, need records of this if you are ever audited
Psychologist in solo practice can be their own privacy officer
61
psychotherapy notes under HIPAA
Not required as a part of HIPAA
-Under HIPAA patients do not have the right to see process notes (but can see progress notes)
Definition of psychotherapy notes
-Notes recorded in any medium by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling session or in a group, joint or family counseling session and that are separated from the rest of the individual’s medical record
62
what is not considered psychotherapy notes and what do individuals have a right to
Medication prescription and monitoring
Counseling sessions start and stop times
Modalities and frequencies of treatment
Results of clinical tests
Any summary of the following
-Diagnosis
-Functional status
-Treatment plan
-Symptoms
-Prognosis
-Progress to date
63
PA ethics code two stipulations to confidentiality
1) Psychologist may not disclose confidential information to a third party without the consent of patient
2) Psychologists can discuss clinical information with other persons clearly concerned with case if reasonable efforts are made to avoid undue invasions of privacy
-Psychologist can utilize clinical material in classroom teaching and writing when information is deidentified
-APA code mentions this as well
-Consultation/ group supervision
-When you are working with folks under the same laws as you, you can discuss but de-identified
64
things to include in ROI
Required by HIPAA and Pas mental health procedures act
-Name of patient
-Name of agency or individual releasing information
-Name and title of individual or agency receiving information
-Expiration date or condition under which release expires
-best practice to have an expiration date
-You will not know someone later; what would you do if someone comes to you with information and you are not actively seeing them, call client and see about releasing information?
-Discharges do not always indicate release
-Rule is around releasing information, not taking information
-Identification of information to be released
-Signature of patient and date (parents and sign for children under 14 and personal representative or guardians for adults who are declared incapacitated around healthcare)
-Other mandated language
-Other discretionary information (e.g. two signatures if patient is physically unable to sign, limitations to release)
Would be helpful to also include how information will be shared
65
APA code vs HIPAA in accessing records
HIPAA:
-Patient may have right to obtain copy of records
-Institutions or treating practitioner may own the physical records themselves
-Debate around complete access to records and raw data due to potential harm
-Requires access to PHI but does not require access to psychotherapy notes
APA code:
Does not explicitly state that patients have rights to their records
66
laws/ethics on families
No clear laws or ethics codes
Who is the patient vs. collaterals
Family secrets
-APA specifics be clear on your policy at the outset of treatment
Parents/groups
-No need to get everyone to sign a release
Marital relationship
-Couple is usually viewed as the patient and both parties must authorize; cannot be introduced in court or released to any other party without the mutual consent of the couple, unless the ROI is authorized by specific state law
67
ages 14-18
Parent can get access of record to send to another medical professional, but not to get into their hands
Kid could potentially request it, but that is definitely a conversation that you have with that individual
14 you can consent to therapy, parent can also consent for you to be in therapy and take you there; cannot take away consent that their parent gave
-Kid cannot take away parents consent, can be forced to go to therapy; and parents cannot take away kids consent
Notes are not automatically the parents
68
valid reasons to disclose
1. to provide needed professional services
2. to obtain appropriate professional consultation
3. to protect the client/patient, psychologist, or others from harm
4. to obtain payment for services
69
release of information, covered entities and HIPAA
i. HIPAA requires that CEs obtain written valid authorization from the individual or personal representative before releasing PHI
ii. CEs have an obligation to agree to patient’s request unless request is reasonably likely to be associated with harm
iii. PA licensure regulations requires release only after full disclosure to client
70
subpoenas vs court orders
subpoena is a legal request for information. steps to take:
1) Is it valid?
-Contact your lawyer to see, consult with someone and check
2) What is it requesting?
-Does it want records, to show up, whole file, pieces of file?
3) Contact client
-Letting them know that you received a subpoena for their records; tell them who is requesting it
4) Contact requesting attorney
-Who is the attorney for
5) Contact the court
-See what they are looking for
6) Challenge the subpoena
-Say you are unable to follow through with this, it may harm the client
-If it happens when you are a trainee the goal is to get you out of it because they are often wanting a witness to testify about the mental health of a client
7) Comply with subpoena
-You have to respond, but the repercussions are not that intense if you do not release information
court order
demand not a request you have to show up, more serious; can be sent for similar reasons; court orders are sent by judges
If someone else’s information is at risk or if it causes substantial harm
They might hold you in contempt if you do not talk, rare that it gets this far, but you have to know what you are able to ethically and legally do
71
how long to keep records
i. PA = 5 years
ii. APA = 7 years
iii. HIPPA = 6 years (Children: 3 past adulthood or whichever is above is longer)
72
things to record in each contact record
Date of service and session duration; Type of service; Nature of professional intervention (individual, phone, group, etc.); Nature of professional contact; Current assessment (formal or informal) of client/patient status
73
steps in ethical decision making
1. Develop the skills to identify when a situation raises ethical issues.
2. Consider relevant APA Ethics Code, General Principles and Ethical Standards & other professional- i.e., policy at site
3. Determine whether there are local, state, and federal laws specific to the ethical situation
4. Make efforts to understand the perspective of different stakeholders. Who are you working with, for, yourself
5. Apply Steps 1 to 4 to generate ethical alternatives. Select the alternative that best fulfills one’s obligations under the Ethics Code and has the greatest likelihood of protecting the welfare of those who will be affected. Obligations for self-based on PA, APA, all codes
6. Monitor and evaluate the effectiveness of the course of action…Modify and continue to evaluate plan if necessary.
74
high professional ethics, high personal ethics
integrated
Professionally informed: guided by compassion: Highly Effective
75
low professional ethics, high personal ethics
separated
Compassion not restrained by professional ethics-may get over-involved; poor boundaries
76
high professional ethics, low personal ethics
assimilated
Adopted professional standards; may be rigid & legalistic-
Stuck, living only by the professional standard
77
low personal and professional ethics
marginalization
Low professional/personal standards; risks becoming exploitive; low boundaries – risk of jail
78
four levels of sanctions by APA
reprimand, censure, expulsion, stipulated resignation
79
reprimand
for a violation that was unlikely to cause serious harm; does not go on record
Reprimand
-A severe criticism for a fault
-Occurs when violation does not cause substantial harm to another person or profession
-You have to report these things honestly
80
censure and things you may have to do if recieving one
for a violation that was likely to cause harm, but not substantial harm
-Formal and official judgment condemning and/or blaming person for fault
-Occurs when violation was likely to cause harm but not substantial harm
-Goes on record, more serious than reprimand, formal judgment
may have to:
-Cease and desist from an activity
-Obtain supervision or additional training or education
-Be evaluated for and obtain treatment if appropriate
-Agree to probationary monitoring
81
expulsion
when an act was likely to result in substantial harm
-Removing the person from APA
-Occurs when violation is likely to cause substantial harm to another person or profession
-Must be reported to state board where further action may be taken
82
stipulated resignation
when you committed a violation against the ethics code
-Committee finding that person committed a violation of the ethics code or failed to show good cause whey they should not be expelled
83
licensure regulations in PA
License must be renewed every two years (biennium – the period from December 1 of an odd numbered year to November 30 of the next odd numbered year)
i. Minimum of 30 hours (CEUS)
ii. At least 3 contact hours per biennium in ethical issues
iii. Up to 10 contact hours can be carried over from excess of the previous biennium
iv. Excess hours in ethical issues may not be carried over
84
PA state board of psychology
Consists of 9 members – US citizens; resident of PA for 3-year period
A term is 4 years
Power of the Board:
i. Pass people for licensure per them meeting the qualifications
ii. Adopt and revise rules, regulations, and policies
iii. Examine, deny, approve, issues, revoke, suspend, restrict, limit, and renew licenses
iv. Conduct hearings upon complaints concerning violations of the code
v. Change fees
85
licensure requirements in PA
moral character
graduate of accredited university with 2+ supervised experience
passed EPPP
paid all fees
no felony convictions
86
explain graduate of accredited university and supervised experience
i. 1 year = at least 12 months consisting of 1750 hours of experience
ii. Cannot have more than 45 hours (and no less than 15 hours) of experience per week
iii. 50% of the required hours must be obtained performing diagnosis, assessment, therapy, other interventions, supervision or consultation
iv. The other 50% may be obtained by teaching in association with an organized psychology or psychological research
v. Total experience must be obtained within 10 calendar years from the awarding of the doctoral degree
87
required PA experience may be obtained at more than one entity simultaneously if the following:
1. Experience is obtained for each entity for a minimum of 6 consecutive months
2. Experience occurs for a minimum of 15 hours per week at each setting
3. Total experience for all settings does not exceed 45 hours per week
88
when can you retake EPPP
i. If fail exam, after 6 months (but within two years) of the date of failure, you can take the exam again.
89
felony conviction?
If have been convicted then at least 10 years have elapsed from date of conviction, demonstrate to the board that they have made significant progress in personal rehabilitation, and meets the other qualifications
90
refusal, suspension or revocation of license
a. Failing to demonstrate the qualifications or standards for a license
b. Making misleading, deceptive, untrue, or fraudulent representation in the practice of psychology
c. Practicing fraud or deceit in obtaining a license
d. Practicing incompetence, negligence, or misconduct in practice
e. Submitting a false or deceptive biennial registration
f. Being convicted (guilty verdict) of a felony in any state or federal court, equivalent of a felony in a foreign country, or a misdemeanor in the practice of psychology.
g. Having a license to practice psychology suspended, revoked, refused, or receiving other disciplinary action by another state
h. Unable to practice psychology with reasonable skill and safety by reason of drunkenness, excessive use of drugs, narcotics, chemicals or a physical condition.
i. Violating an ethical regulation
j. Knowingly assisting or advising an unlicensed person to practice psychology
k. Committing moral or unprofessional conduct
l. Soliciting engagement in providing professional services through coercion, duress, compulsion, intimidation, threats, or harassing conduct
m. Submitting fraudulent claims to insurance companies
n. Failing to maintain professional records in accordance to regulations
91
age of consent in PA
PA age of consent is 14
Teens ages 13-15 years old cannot consent to sexual activities with anyone who is 4 or more years older than them. People ages 16 years and older can legally consent to sexual activity.
92
mandated reporting in PA
child abuse
driving under the influence (find alternate form of transportation, if refuses call police)
elder abuse in care center
duty to warn/protect
93
definition of child abuse
i. Intentionally, knowingly, or recklessly causing physical injury (must have occurred within the last two years)
ii. Serious Physical Neglect
iii. Sexual Abuse or Exploitation
Mandatory Reporting of Infants
1. Illegal substance abuse by the child’s mother
2. Withdrawal symptoms resulting from prenatal drug exposure
3. A fetal alcohol system disorder
94
what to do when you decide to warn
i. DISCUSS--Discuss the warning with the client
ii. WARN--Warn intended victim about the threat and the sources of the threat
iii. CONTACT--Contacting people who can apprise the potential victim of danger
iv. NOTIFY--Notifying local law enforcement authorities
v. COMIT--Initiating voluntary or involuntary psychiatric commitment
vi. OTHER?--Taking whatever other steps seem appropriate
vii. CONSULT--Consult APA Code, PA code and state law
viii. DOCUMENT--Document all your thoughts and efforts
95
determining risk in duty to warn
i. Perform specific case assessment that looks at factors that inhibit and precipitate violence
ii. Link specific interventions to precipitating and inhibiting variables and continue to assess whether each intervention works
iii. If alliance is waning and precipitating factors appear to be escalating consider 302
iv. List our analysis of the precipitating and inhibiting factors related to the risk of violence in the chart
v. Note subsequent actions related to the management plan
vi. Delineate evidence establishing the diminution of risk
96
when is self injury covered
i. Severe (eyes, genitalia)
ii. Anorexia (BMI very low)
iii. Kids
97
minors 14+ consenting to treatment and parents consenting
Minors 14+ can consent to treatment; parents of minors less than 18 can also consent
-if child is over 14 years old, you inform them that information will be released to parents if child is in danger or risky behavior is happening. Can set boundaries that you can tell them together – and if don’t then you will tell them by that date. Can’t promise confidentiality, so need to lay out what the boundaries are in the documentation.
b. 14-18 can give informed consent to go to inpatient; but if parent puts them in there, then they cannot leave. Parent can’t take them out if child is the one that consented. Parent can give consent for the child.
A minor may not abrogate the consent provided by a parent or legal guardian on the minor’s behalf nor may a parent or legal guardian abrogate consent given by the minor on his or her own behalf
You do NOT promise confidentiality ages 14-18 years old. Need to be very, very clear about this with them up front (i.e. risky substance use, promiscuity, etc. would be disclosed to parents if they do not share)
98
informed consent 14-18
When obtaining consent from the minor document in the record that an informed consent process was conducted, the limits of confidentiality, and that the minor substantially understands the nature and purpose of treatment.
99
when can children younger than 14 consent
a. An emergency
b. Emancipated
c. D & A: Facility may but is not courted ordered to notify a parent
d. Married: Parents can’t force into treatment
e. Graduated High School: Parents can’t force into treatment
f. Pregnant
g. Borne a child
100
if a parent requests info from 14+ treatment
a. If a parent consents (14+) parents limited to the following info: Symptoms, Diagnosis, Meds or other treatment, Risks/benefits, Expected results from treatment
101
joint custody?
b. If there is joint custody then you need to obtain consent from both parents. The person that hired you is the person that pays for treatment unless otherwise documented.
c. Regardless of whether the parents have joint legal custody or no custody agreement, children aged 14 or older can consent to treatment on their own. No parent has a legal right to stop the child from receiving treatment
102
examples of when you want consent of both-either parents
i. Married-either parent
ii. Never married; never had a court order-either parent
1. Want both parents to consent but sometimes may not be the case.
iii. Joint custody (asked to see decree); child under 14; both parents consent
103
"what if" married parents of a minor <14
One of them needs to consent
104
lost parent and minor <14
1. Good faith effort
105
foster parent and minor <14
1. Does foster parent have legal custody?
106
joint custody and minor
one parent verbally consents but refuses to sign; should get both written consent
107
three kinds of justice
1) Distributive justice (fair access to benefits from contributions of psychology)
2) Procedural justice (fairness of the rules and practices applied across contexts and populations)
-Does not always mean equal
3) Interactional justice (fairness of how people are treated)
108
requisite virtues for psychologists
Conscientiousness
-Motivation to do what’s right
Discernment
-Being contextually and relationally sensitive; and being insight and using judgment
Prudence
-Applies practical wisdom to ethical challenges
