Ethics

Question 0

What is an expert witness?

Answer 0

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.

Question 1

What is a fact witness?

Answer 1

A fact witness reports on what has been heard, told, or observed during the course of treatment.

Question 2

What does it mean to be in competent to stand trial?

Answer 2

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.

Question 3

The insanity defense address of the defendants mental state at what time?

Answer 3

At the time of the crime.

Question 4

Are psychologists permitted to terminate professional relationships at their discretion?

Answer 4

No.

Question 5

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?

Answer 5

Yes. However consideration must be given to factors such as treatment emergencies and predetermination counseling.

Question 6

True or false it is ethical for psychologist to pay the media employee to write an article?

Answer 6

False

Question 7

Do psychologists have the responsibility to ensure the accuracy of all information in an article published about them?

Answer 7

Yes.

Question 8

Unethical multiple relationships are defined as those that impair what?

Answer 8

They impair objectivity, confidence, and effectiveness or they risk exploitation or harm.

Question 10

What is a conflicting role for a psychologist?

Answer 10

An example would be a family therapist being a family therapist and a witness for one party in a divorce proceeding.

Question 11

In the ethics code are principles aspirational or enforceable? What about standards?

Answer 11

principles are aspirational (p = possibility)

standards are enforceable (s = should do it)

Question 12

If a psychologist violates the ethics standards, are they civilly liable? (sued for malpractice)

Answer 12

No, violation of ethics standards by themselves does not determine if he/she is legally liable in court.

Question 13

What is civil liability?

Answer 13

malpractice

Question 14

To hold a psychologist liable, the four “Ds” must be met

Answer 14

Dereliction of duty directly causing damage must be proven.

Question 15

What is dereliction?

Answer 15

failing to provide reasonable care via negligence

Question 16

What is duty?

Answer 16

having a legal relationship

Question 17

What is another word for dereliction of duty?

Answer 17

breach of duty

Question 18

What is damages?

Answer 18

direct harm to client

Question 19

When the ethics code sets a higher standard of conduct than the law, what to do?

Answer 19

bound to uphold the higher ethical standard

Question 20

Where is there is conflict between ethics and law

Answer 20

we make known our commitment to ethics and take steps to resolve the conflict in a responsible manner

Question 21

What is required to be kept in records?

Answer 21

diagnosis, fees, services provided, and similar information

Question 22

What are the exceptions to informed consent regarding recording?

Answer 22

1. the use of naturalistic observations in which personal identiication and harm are avoided.
2. the use of recording in a research design that involves deception. in such cases, consent for the recording must be obtained during the debriefing.

Question 23

When may we dispense (manage without) with informed consent

Answer 23

When permitted by law or institutional regulations.

And if the reserach is unlikely to crate distress or harm in one of the following:

1. normal educational practices
2. anonymous questionnaires
3. archival research
4. the study of a job or organization’s effectiveness

Question 24

Deception in research should be avoided unless what?

Answer 24

1. it is justified by the study’s “significant prospective scientific, educational, or applied value,” AND 2. alternative procedures, without deception, are not available.

Question 25

Can we deceive in ways that cause physical pain or emotional distress?

Answer 25

Never

Question 26

When should subjects be debriefed about the deception?

Answer 26

As early as possible. That is most often at the end of their participation but NO later than the end of data collection.

Question 27

What are the exceptions to informed consent in assessment?

Answer 27

1. when the testing is mandated by law or govt regulations
2. when the assmt is part of a routine educational or organizational activity and informed consent is implied (applying for a job)
3. when testing for decisional capacity

Question 28

What is considered test data?

Answer 28

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

Question 29

Are APA guidelines enforceable as compared to standards?

Answer 29

No, guidelines like ethical principles are aspirational and not enforceable.

Question 30

In child custody evaluations is there confidentiality?

Answer 30

No, and that is disclosed

Question 31

What kind of law is HIPAA?

Answer 31

a federal law signed into effect in 1996

Question 32

What are HIPAA’s three rules?

Answer 32

1. the privacy rule (keeping info confidential)
2. the transaction rule (standard format for claims submitted electronically and appropriate software needed
3. the security rule (physical security like locking filing cabinets, encrypting emails, etc.,)

Question 33

When HIPAA and state law are in conflict what happens?

Answer 33

1. When HIPAA is stricter, you follow HIPAA
2. When state law is stricter, you follow state law
3. When they are in conflict, you follow HIPAA

Question 34

Does HIPAA have jurisdiction over educational records?

Answer 34

No, that’s FERPA or the Buckley Amendment that protects student records in higher education

Question 35

What are HIPAA violations?

Answer 35

1. administrative sanction
2. civil penalties of $100 per violation up to $25K/year
3. fines up to $250K or ten year imprisonment or both for deliberate and knowing violations of patient’s privacy rights

Question 36

Per HIPAA, patients must be informed of a practioner’s privacy policy and what about written consent?

Answer 36

Not necessary although standard practice to get it

Question 37

Per HIPAA, is an ROI necessary if info is being used for purposes of tx?

Answer 37

No