Ethics Flashcards
What is an expert witness?
An expert witness is someone who is considered an expert in a certain field for example child custody and is asked to give testimony on an issue in the case.
What is a fact witness?
A fact witness reports on what has been heard, told, or observed during the course of treatment.
What does it mean to be in competent to stand trial?
Incompetent to stand trial me that the person accused of a crime cannot understand the nature of the legal proceedings and therefore cannot participate intelligently in his or her own defense. In competence to stand trial refers to the accused persons mental state at the time of the trial, and not at the time of the crime.
The insanity defense address of the defendants mental state at what time?
At the time of the crime.
Are psychologists permitted to terminate professional relationships at their discretion?
No.
Are psychologists permitted to terminate therapy when threatened or otherwise endangered by the client or another person with him the client patient has a relationship?
Yes. However consideration must be given to factors such as treatment emergencies and predetermination counseling.
True or false it is ethical for psychologist to pay the media employee to write an article?
False
Do psychologists have the responsibility to ensure the accuracy of all information in an article published about them?
Yes.
Unethical multiple relationships are defined as those that impair what?
They impair objectivity, confidence, and effectiveness or they risk exploitation or harm.
What is a conflicting role for a psychologist?
An example would be a family therapist being a family therapist and a witness for one party in a divorce proceeding.
In the ethics code are principles aspirational or enforceable? What about standards?
principles are aspirational (p = possibility)
standards are enforceable (s = should do it)
If a psychologist violates the ethics standards, are they civilly liable? (sued for malpractice)
No, violation of ethics standards by themselves does not determine if he/she is legally liable in court.
What is civil liability?
malpractice
To hold a psychologist liable, the four “Ds” must be met
Dereliction of duty directly causing damage must be proven.
What is dereliction?
failing to provide reasonable care via negligence
What is duty?
having a legal relationship
What is another word for dereliction of duty?
breach of duty
What is damages?
direct harm to client
When the ethics code sets a higher standard of conduct than the law, what to do?
bound to uphold the higher ethical standard
Where is there is conflict between ethics and law
we make known our commitment to ethics and take steps to resolve the conflict in a responsible manner
What is required to be kept in records?
diagnosis, fees, services provided, and similar information
What are the exceptions to informed consent regarding recording?
- the use of naturalistic observations in which personal identiication and harm are avoided.
- the use of recording in a research design that involves deception. in such cases, consent for the recording must be obtained during the debriefing.
When may we dispense (manage without) with informed consent
When permitted by law or institutional regulations.
And if the reserach is unlikely to crate distress or harm in one of the following:
- normal educational practices
- anonymous questionnaires
- archival research
- the study of a job or organization’s effectiveness
Deception in research should be avoided unless what?
- it is justified by the study’s “significant prospective scientific, educational, or applied value,” AND 2. alternative procedures, without deception, are not available.
Can we deceive in ways that cause physical pain or emotional distress?
Never
When should subjects be debriefed about the deception?
As early as possible. That is most often at the end of their participation but NO later than the end of data collection.
What are the exceptions to informed consent in assessment?
- when the testing is mandated by law or govt regulations
- when the assmt is part of a routine educational or organizational activity and informed consent is implied (applying for a job)
- when testing for decisional capacity
What is considered test data?
raw and scaled scores, client/patient responses to test questions or stimuli, and psychologists’ notes and recordings concerning client statements and behaviors during an examination
Are APA guidelines enforceable as compared to standards?
No, guidelines like ethical principles are aspirational and not enforceable.
In child custody evaluations is there confidentiality?
No, and that is disclosed
What kind of law is HIPAA?
a federal law signed into effect in 1996
What are HIPAA’s three rules?
- the privacy rule (keeping info confidential)
- the transaction rule (standard format for claims submitted electronically and appropriate software needed
- the security rule (physical security like locking filing cabinets, encrypting emails, etc.,)
When HIPAA and state law are in conflict what happens?
- When HIPAA is stricter, you follow HIPAA
- When state law is stricter, you follow state law
- When they are in conflict, you follow HIPAA
Does HIPAA have jurisdiction over educational records?
No, that’s FERPA or the Buckley Amendment that protects student records in higher education
What are HIPAA violations?
- administrative sanction
- civil penalties of $100 per violation up to $25K/year
- fines up to $250K or ten year imprisonment or both for deliberate and knowing violations of patient’s privacy rights
Per HIPAA, patients must be informed of a practioner’s privacy policy and what about written consent?
Not necessary although standard practice to get it
Per HIPAA, is an ROI necessary if info is being used for purposes of tx?
No
