Ethics Flashcards

1
Q

BARTER

A

BARTER: Standard 6.05 states that “Psychologists may barter only if (1) it is not clinically contraindicated, and (2) the resulting arrangement is not exploitative.”

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2
Q

COMPETENCE TO STAND TRIAL

A

COMPETENCE TO STAND TRIAL: Laws related to competence to stand trial also vary, but all were derived from the standard set forth in Dusky v. United States (1969), which defines a defendant as incompetent if, as the result of mental defect or illness, the defendant lacks “sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding, and … a rational as well as factual understanding of the proceedings against him” (p. 177).

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3
Q

FACT AND EXPERT WITNESS

A

FACT AND EXPERT WITNESS: A fact witness is a person “who testifies as to what he/she has seen, heard, or otherwise observed regarding a circumstance, event or occurrence as it actually took place…. Fact witnesses are generally not allowed to offer opinion, address issues that they do not have personal knowledge of or respond to hypothetical situations” (APA, 1998, p. 7). An expert witness is a person “who by reason of education or specialized experience possesses superior knowledge respecting a subject about which persons having no particular training are incapable of forming an accurate opinion or deducing correct conclusions” (Nolan and Nolan-Haley, 1990, p. 578). A person who has been qualified as an expert witness by the court will be allowed to offer opinions and provide testimony based on hypothetical scenarios.

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4
Q

INFORMED CONSENT FOR THERAPY

A

INFORMED CONSENT FOR THERAPY: Standard 10.01 states “(a) When obtaining informed consent to therapy as required in Standard 3.10, Informed Consent, psychologists inform clients/patients as early as is feasible in the therapeutic relationship about the nature and anticipated course of therapy, fees, involvement of third parties, and limits of confidentiality and provide sufficient opportunity for the client/patient to ask questions and receive answers.”

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5
Q

PRO BONO SERVICES

A

PRO BONO SERVICES: Although the term pro bono is not used in the Ethics Code, General Principle B (Fidelity and Responsibility) states that “psychologists strive to contribute a portion of their professional time for little or no compensation or personal advantage.” Because pro bono services are addressed in the Ethic Code’s aspirational General Principles rather than in its mandatory Ethical Standards, this means that pro bono services are recommended by the Code but are not required.

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6
Q

SEXUAL RELATIONS WITH STUDENTS AND SUPERVISEES

A

SEXUAL RELATIONS WITH STUDENTS AND SUPERVISEES: Standard 7.07 states “Psychologists do not engage in sexual relationships with students or supervisees who are in their department, agency, or training center or over whom psychologists have or are likely to have evaluative authority.”

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7
Q

ANIMALS IN RESEARCH

A

ANMALS IN RESEARCH: Standard 8.09 requires psychologists to “acquire, care for, use, and dispose of animals in compliance with current federal, state, and local laws and regulations, and with professional standards” and to “make reasonable efforts to minimize the discomfort, infection, illness, and pain of animal subjects.”

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8
Q

COMPETENCE

A

COMPETENCE: Standard 2.01 requires psychologists to “provide services, teach, and conduct research with populations and in areas only within the boundaries of their competence, based on their education, training, supervised experience, consultation, study, or professional experience.”

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9
Q

ETHICAL VIOLATIONS BY COLLEAGUES

A

Standard 1.04 encourages psychologists to handle ethical violations informally by discussing the matter with the offender when an “informal resolution appears appropriate”; Standard 1.05 states that psychologists make a formal report to the Ethics Committee, state licensing board, or other appropriate authority when the problem involves “substantial harm” and is not appropriate for an informal resolution or has not been resolved satisfactorily by an attempt at an informal resolution. Note that these standards also require that, before psychologists take any action, they must consider the issue of client confidentiality, which always takes precedence over the need to educate or punish an offending psychologist.

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10
Q

INFORMED CONSENT FOR RESEARCH

A

INFORMED CONSENT FOR RESEARCH: Standard 8.02 states “(a) When obtaining informed consent as required in Standard 3.10, Informed Consent, psychologists inform participants about (1) the purpose of the research, expected duration, and procedures; (2) their right to decline to participate and to withdraw from the research once participation had begun; (3) the foreseeable consequences of declining or withdrawing; (4) reasonably foreseeable factors that may be expected to influence their willingness to participate such as potential risks, discomfort, or adverse effects; (5) any prospective research benefits; (6) limits of confidentiality; (7) incentives for participation; and (8) whom to contact for questions about the research and research participants’ rights.”

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11
Q

PRIVILEGE AND HOLDER OF THE PRIVILEGE

A

PRIVILEGE AND HOLDER OF THE PRIVILEGE: Privilege is a legal concept that protects a client’s confidentiality in the context of legal proceedings. Most jurisdictions now have laws that establish privilege for communications between licensed mental health practitioners and their clients. The client is ordinarily the “holder of the privilege,” but a psychologist can assert the privilege on behalf of a client, and there are exceptions to privilege that are legally defined.

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12
Q

SEXUAL MISCONDUCT (BY THERAPISTS)

A

SEXUAL MISCONDUCT (BY THERAPISTS): The data on sexual misconduct has consistently shown that male therapists engage in sexual and other dual relationships with clients much more often than female therapists. The data also show that male therapists who engage in sexual misconduct are usually older than the female clients they become involved with, with the average therapist being between 42 and 44 and the client being between 30 and 33. No consistent relationship has been found between risk for sexual misconduct and theoretical orientation, professional experience, or education (Pope et al., 1993).

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13
Q

CLIENT WELFARE

A

CLIENT WELFARE: Standard 3.04 addresses client welfare in a general way and states that psychologists “take reasonable steps” to avoid and minimize harm to clients, students, research participants, and others with whom they work.

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14
Q

DECEPTION IN RESEARCH

A

DECEPTION IN RESEARCH: Standard 8.07 states that deception is acceptable only when the following conditions are met: (a) The use of deception is justified by the “study’s significant prospective scientific, educational, or applied value and … effective nondeceptive alternative procedures are not feasible”; (b) prospective participants are not deceived about conditions that can be “reasonably expected to cause physical pain or severe emotional distress”; and (c) participants will be debriefed “preferably at the conclusion of their participation, but no later than at the conclusion of the data collection.”

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15
Q

GUIDELINES FOR PROVIDERS OF PSYCHOLOGICAL SERVICES TO ETHNIC, LINGUISTIC, AND CULTURALLY DIVERSE POPULATIONS

A

GUIDELINES FOR PROVIDERS OF PSYCHOLOGICAL SERVICES TO ETHNIC, LINGUISTIC, AND CULTURALLY DIVERSE POPULATIONS: The Guidelines for Providers of Psychological Services to Ethnic, Linguistic, and Culturally Diverse Populations presents aspirational principles and guidelines for psychologists working with members of ethnic, linguistic, and culturally diverse populations. Like many other APA documents, the Guidelines emphasizes the importance of competence (e.g., recognizing the limits of one’s competence, being familiar with relevant research). It also presents suggestions for incorporating cultural issues and knowledge into practice.

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16
Q

MULTIPLE RELATIONSHIPS

A

MULTIPLE RELATIONSHIPS: Standard 3.05 states that “a psychologist refrains from entering into multiple relationships if the multiple relationships could reasonably be expected to impair the psychologist’s objectivity, competence, or effectiveness in performing his or her functions as a psychologist, or otherwise risks exploitation or harm to the person with whom the professional relationship exists.”

17
Q

RESPONDING TO A SUBPOENA

A

RESPONDING TO A SUBPOENA: (1) The first step is to determine if the subpoena is a legally valid demand. (2) If the subpoena is valid, a formal response will be required, but the psychologist should first contact the client to discuss the implications of providing the requested information. (3) If the client consents to disclosure and there are no reasons for withholding the information (e.g., client welfare, test security), the psychologist should provide the requested information. If the client does not consent, the psychologist or his/her attorney can attempt to negotiate with the party who issued the subpoena. (4) If the requesting party continues to demand that the information be provided, the psychologist can seek guidance from the court informally through a letter or have his/her attorney file a motion to quash the subpoena or a motion for a protective order (APA,1996).

18
Q

CLIENT TESTIMONIALS

A

CLIENT TESTIMONIALS: Standard 5.05 states that “Psychologists do not solicit testimonials from current therapy clients/patients or other persons who because of their particular circumstances are vulnerable to undue influence.”

19
Q

FACT AND EXPERT WITNESS

A

FACT AND EXPERT WITNESS: A fact witness is a person “who testifies as to what he/she has seen, heard, or otherwise observed regarding a circumstance, event or occurrence as it actually took place…. Fact witnesses are generally not allowed to offer opinion, address issues that they do not have personal knowledge of or respond to hypothetical situations” (APA, 1998, p. 7). An expert witness is a person “who by reason of education or specialized experience possesses superior knowledge respecting a subject about which persons having no particular training are incapable of forming an accurate opinion or deducing correct conclusions” (Nolan and Nolan-Haley, 1990, p. 578). A person who has been qualified as an expert witness by the court will be allowed to offer opinions and provide testimony based on hypothetical scenarios.

20
Q

INFORMED CONSENT FOR THERAPY

A

INFORMED CONSENT FOR THERAPY: Standard 10.01 states “(a) When obtaining informed consent to therapy as required in Standard 3.10, Informed Consent, psychologists inform clients/patients as early as is feasible in the therapeutic relationship about the nature and anticipated course of therapy, fees, involvement of third parties, and limits of confidentiality and provide sufficient opportunity for the client/patient to ask questions and receive answers.”

21
Q

PRO BONO SERVICES

A

PRO BONO SERVICES: Although the term pro bono is not used in the Ethics Code, General Principle B (Fidelity and Responsibility) states that “psychologists strive to contribute a portion of their professional time for little or no compensation or personal advantage.” Because pro bono services are addressed in the Ethic Code’s aspirational General Principles rather than in its mandatory Ethical Standards, this means that pro bono services are recommended by the Code but are not required.

22
Q

SEXUAL RELATIONS WITH STUDENTS AND SUPERVISEES

A

SEXUAL RELATIONS WITH STUDENTS AND SUPERVISEES: Standard 7.07 states “Psychologists do not engage in sexual relationships with students or supervisees who are in their department, agency, or training center or over whom psychologists have or are likely to have evaluative authority.”

23
Q

ANIMALS IN RESEARCH

A

ANMALS IN RESEARCH: Standard 8.09 requires psychologists to “acquire, care for, use, and dispose of animals in compliance with current federal, state, and local laws and regulations, and with professional standards” and to “make reasonable efforts to minimize the discomfort, infection, illness, and pain of animal subjects.”

24
Q

COMPETENCE

A

COMPETENCE: Standard 2.01 requires psychologists to “provide services, teach, and conduct research with populations and in areas only within the boundaries of their competence, based on their education, training, supervised experience, consultation, study, or professional experience.”

25
Q

ETHICAL VIOLATIONS BY COLLEAGUES

A

Standard 1.04 encourages psychologists to handle ethical violations informally by discussing the matter with the offender when an “informal resolution appears appropriate”; Standard 1.05 states that psychologists make a formal report to the Ethics Committee, state licensing board, or other appropriate authority when the problem involves “substantial harm” and is not appropriate for an informal resolution or has not been resolved satisfactorily by an attempt at an informal resolution. Note that these standards also require that, before psychologists take any action, they must consider the issue of client confidentiality, which always takes precedence over the need to educate or punish an offending psychologist.

26
Q

INFORMED CONSENT FOR RESEARCH

A

INFORMED CONSENT FOR RESEARCH: Standard 8.02 states “(a) When obtaining informed consent as required in Standard 3.10, Informed Consent, psychologists inform participants about (1) the purpose of the research, expected duration, and procedures; (2) their right to decline to participate and to withdraw from the research once participation had begun; (3) the foreseeable consequences of declining or withdrawing; (4) reasonably foreseeable factors that may be expected to influence their willingness to participate such as potential risks, discomfort, or adverse effects; (5) any prospective research benefits; (6) limits of confidentiality; (7) incentives for participation; and (8) whom to contact for questions about the research and research participants’ rights.”

27
Q

PRIVILEGE AND HOLDER OF THE PRIVILEGE

A

PRIVILEGE AND HOLDER OF THE PRIVILEGE: Privilege is a legal concept that protects a client’s confidentiality in the context of legal proceedings. Most jurisdictions now have laws that establish privilege for communications between licensed mental health practitioners and their clients. The client is ordinarily the “holder of the privilege,” but a psychologist can assert the privilege on behalf of a client, and there are exceptions to privilege that are legally defined.

28
Q

SEXUAL MISCONDUCT (BY THERAPISTS)

A

SEXUAL MISCONDUCT (BY THERAPISTS): The data on sexual misconduct has consistently shown that male therapists engage in sexual and other dual relationships with clients much more often than female therapists. The data also show that male therapists who engage in sexual misconduct are usually older than the female clients they become involved with, with the average therapist being between 42 and 44 and the client being between 30 and 33. No consistent relationship has been found between risk for sexual misconduct and theoretical orientation, professional experience, or education (Pope et al., 1993).

29
Q

CLIENT WELFARE

A

CLIENT WELFARE: Standard 3.04 addresses client welfare in a general way and states that psychologists “take reasonable steps” to avoid and minimize harm to clients, students, research participants, and others with whom they work.

30
Q

DECEPTION IN RESEARCH

A

DECEPTION IN RESEARCH: Standard 8.07 states that deception is acceptable only when the following conditions are met: (a) The use of deception is justified by the “study’s significant prospective scientific, educational, or applied value and … effective nondeceptive alternative procedures are not feasible”; (b) prospective participants are not deceived about conditions that can be “reasonably expected to cause physical pain or severe emotional distress”; and (c) participants will be debriefed “preferably at the conclusion of their participation, but no later than at the conclusion of the data collection.”

31
Q

GUIDELINES FOR PROVIDERS OF PSYCHOLOGICAL SERVICES TO ETHNIC, LINGUISTIC, AND CULTURALLY DIVERSE POPULATIONS

A

GUIDELINES FOR PROVIDERS OF PSYCHOLOGICAL SERVICES TO ETHNIC, LINGUISTIC, AND CULTURALLY DIVERSE POPULATIONS: The Guidelines for Providers of Psychological Services to Ethnic, Linguistic, and Culturally Diverse Populations presents aspirational principles and guidelines for psychologists working with members of ethnic, linguistic, and culturally diverse populations. Like many other APA documents, the Guidelines emphasizes the importance of competence (e.g., recognizing the limits of one’s competence, being familiar with relevant research). It also presents suggestions for incorporating cultural issues and knowledge into practice.

32
Q

MULTIPLE RELATIONSHIPS

A

MULTIPLE RELATIONSHIPS: Standard 3.05 states that “a psychologist refrains from entering into multiple relationships if the multiple relationships could reasonably be expected to impair the psychologist’s objectivity, competence, or effectiveness in performing his or her functions as a psychologist, or otherwise risks exploitation or harm to the person with whom the professional relationship exists.”

33
Q

RESPONDING TO A SUBPOENA

A

RESPONDING TO A SUBPOENA: (1) The first step is to determine if the subpoena is a legally valid demand. (2) If the subpoena is valid, a formal response will be required, but the psychologist should first contact the client to discuss the implications of providing the requested information. (3) If the client consents to disclosure and there are no reasons for withholding the information (e.g., client welfare, test security), the psychologist should provide the requested information. If the client does not consent, the psychologist or his/her attorney can attempt to negotiate with the party who issued the subpoena. (4) If the requesting party continues to demand that the information be provided, the psychologist can seek guidance from the court informally through a letter or have his/her attorney file a motion to quash the subpoena or a motion for a protective order (APA,1996).

34
Q

CLIENT TESTIMONIALS

A

CLIENT TESTIMONIALS: Standard 5.05 states that “Psychologists do not solicit testimonials from current therapy clients/patients or other persons who because of their particular circumstances are vulnerable to undue influence.”

35
Q

TEST DATA

A

TEST DATA: Standard 9.04 defines test data as “raw and scaled scores, client/patient responses to test questions or stimuli, and psychologists’ notes and recordings concerning client/patient statements and behavior during an examination.” It also states “Pursuant to a client /patient release, psychologists provide test data to the client/patient or other persons identified in the release.”

36
Q

CONSULTATION

A

CONSULTATION: Standard 4.06 states that “When consulting with colleagues, (1) psychologists do not disclose confidential information that reasonably could lead to the identification of a client/patient, research participant, or other person or organization with whom they have a confidential relationship unless they have obtained the prior consent of the person or organization or the disclosure cannot be avoided, and (2) they disclose the information only to the extent necessary to achieve the purposes of the consultation.”

37
Q

GUIDELINES FOR CHILD CUSTODY EVALUATIONS IN DIVORCE PROCEEDINGS

A

GUIDELINES FOR CHILD CUSTODY EVALUATIONS IN DIVORCE PROCEEDINGS: The Guidelines states that the “child’s interests and well-being are paramount” in custody evaluations and that psychologists “generally avoid conducting a child custody evaluation in a case in which the psychologist served in a therapeutic role for the child or his or her immediate family.”

38
Q

MALPRACTICE

A

MALPRACTICE: For a client or other person to bring a claim of malpractice against a psychologist, four conditions must be met: (1) The psychologist must have had a professional relationship with the person, which established a legal duty to care. (2) There must be a demonstrable standard of care that the psychologist has breached. (3) The person suffered harm or injury. (4) The psychologist’s breach of duty within the context of the standard of care was proximate cause of the person’s harm or injury.