Ethics Flashcards
Buckley Amendment
1974; AKA Family Educational Right to Privacy Act; protects the privacy of student records
Elementary and Secondary Education Act of 1965
Guaranteed a high-quality education for all individuals, with a fair and equal opportunity to obtain an education
Insanity
A legal term, deemed by a court of law, to describe if an individual who, asthe result of a mental disorder, is psychologicall impaired to the extent where he or she is unable to distinguish right from wrong, and understand the consequences of own behavior
Testament capacity
Having the mental competecny to execute a will at the time the will was signed and witnessed
Criminal responsibility
Assessment of a person’s mental status at the time an alleged crime was committed
In court ordered investigation, if legal representative objects to testing:
Psychologist must notify the court and proceed as directed
Information harmful to the client
Information gained by a therapist in a sessioni or evaluation that may incriminate the client is divulged when privilege or confidentiality is waived
Waiving privilege
Occurs when client gives up the right to prevent a therapist from divulging confidential information in a legal proceeding; info may be harmful to the client’s case; in cases that involve minors, the privilege belongs to the parent; in cases of insanity, privilege is waived by the courts
Expert witness
Testify based on special training and professional competence regarding subject matter; impartial educator; no multiple relationships; no contingency fees
Fact witness
Someone who testifies in court because of their direct knowledge of an event. Declien answering questions more appropriate for expert witness; testify only if ct has waived confidentiality/privilege, or if court-ordered
First case using insanity defense
M’Naughten. Most states; defendant deemed insane and not held criminally responsible. Some states “Guilty, but mentally ill (GBMI) verdict
Subpoena duces tecum
bring physical records, only the info specifically requested
Subpoena ad testificandum
oral testimony
Deposition
Out of court testimony, under oath, which is transcribed in writing: takes the place of courtroom testimony
Confidentiality and EAP
Release information about attendance, compliance may be mandatory condition of therapy
Confidentiality and Military
Confidentiality limited; info must be released in the lawful conduct of investigations, other special circumstances, provide informed consent of these limits
Confidentiality and minors
parents retain right to records of treatment unless such release is detrimental; balance minor’s need for privacy and parental rights, clarify with both minor and parents at the outset of therapy
Privilege
Ct holds rights to withhold info; waived if ct sues therapist, if therapist is acting in a court-appointed capacity, if ct introduces mental condition as defense in civil suit, if ct seeks out assistance from psychologist for the exclusive purpose of committing a crime, if psychologist determines that a ct requires hospitalization
Info regarding Ct requested by Professional Standards Review Committee
Obtain waiver of confidentiality that is specific in wording
HIPPA (what year?)
1996
Privacy rule of 2003
Standards for the privacy, use, and dissemination of health care information that is transmitted electronically
Protected Health Information (PHI)
Any health information that can be linked to an individual
PHI must be kept for:
6 years
Privilege between ct and therapist supported by
Jaffee V. Redmond case. May be asserted by psychologists to challenge subpoenas
Document consultation
In writing
Telemental Health
TMH; delivery of a variety of mental helath services via telephone, teleconferencing, videoconferencing, e-mail, and the Internet
TMH’s benefits
accessibility; eliminates need for travel benefitting the disabled and elders; allows recipients to receive specialized health services
TMH most effective via
Internet and telephone
TMH success shown with
Depression, schizophrenia, PTSD, panic disorder, SA, suicide prevention, eating disorders, dementia, and child psychiatry
TMH less effective with
OCD. Not at all suitable for crises or life-threatening issues