Ethics Flashcards
Documentation requirements for HIPAA
Hippa requires that all documentation be kept for 6 years. Patients have a right to receive an accounting of all disclosures, including date of disclosure, party to whom information was disclosed, description of what was disclosed and for what purpose
Psychologists who seek to practice and forensic settings must:
Become reasonably familiar with the judicial rules governing their roles
They don’t have to undertake an accredited training program in forensic psychology!
Postmortem release of records
You must maintain patient confidentiality after they die, them. Signing a roi is not enough, because it needs to explicitly State the reason for the release
Five general principles in the ethics code
- Beneficence and non-maleficence
- Fidelity and responsibility
- Integrity
- Justice
- Respect for rights and dignity
Dealing with conflicts between the ethics code and law or organizations
- Clarify the nature of the conflict
- Make known commitment to the ethics code
- Take reasonable steps to resolve the conflict consistent with ethics code
- Cannot use this to justify human rights violations
Boundaries of competence, when to consult, get supervision, etc
Consultation: one shot meeting, when familiar with treating a similar population but not an expert
Supervision: ongoing meetings, when not yet ready to practice independently, such as first time treating a new disorder
Training: classes, when unfamiliar with the area, followed by supervision of first couple cases
Refer out:
1. Therapist beliefs interfere
2. Client is uncomfortable with a therapist
3. Therapist lacks competence
Exceptions:
1. Client otherwise couldn’t obtain services, can pursue training and supervision
2. Emerging areas
When not to enter into a multiple relationship
- Might impair objectivity
- Might impair competence and effectiveness
- Might harm or exploit the client
If initially enter into a multiple relationship, then things change: attempt to resolve with the best interest of client in mind
Generally avoid conducting custody evaluations with current or former clients
Exception to requirements to obtain informed consent
Court ordered evaluation
Person not legally able to provide consent, but need to get assent
Court-Ordered therapy, but still inform them about treatment, and limits of confidentiality
Exceptions to when you need to get an ROI for disclosure of confidential information
- When disclosure is permitted by law EG suicidality
- When disclosure is mandated by law
- In order to obtain payment, but only minimum necessary disclosure
Court appointed evaluation
Client has no confidentiality, do not need to obtain informed consent, client has no privilege
You do need to explain what you’re doing, how it’s going to be used in limits of confidentiality
Court ordered therapy
Client does have confidentiality, you need client consent to share information about the therapy
Bartering
It’s okay as long as that it’s not clinically contraindicated or exploitative. Use clinical judgment
When can you require students to disclose personal information as part of training
- If made it clear and admissions material that it’s a requirement
- If students personal problems interfere with clinical work
- If student is posing risk of harm to clients or others
Conditions when you don’t need informed consent for research
When legally not allowed, our person is incapable of giving informed consent
- When permitted by law or institutional regulations
- Normal educational practices
- Anonymous questionnaires, naturalistic observation, archival research
- Study of organizational effectiveness
When to terminate therapy?
- One client no longer needs treatment
- When client is not benefiting from treatment
- When client is being harmed by treatment
- When client or related party threatens you
Termination must be preceded by pre-termination counseling. Except when actions of client make it impossible, or if prohibited by a third party
