Ethics Flashcards
Are the APA Ethics Code’s preamble and general principles enforceable?
No. They’re aspirational, and will provide general guidelines for practice. They cannot be used for disciplinary action against you.
Is the APA Ethics Code’s standards subsection enforceable?
Yes. The ethical standards are mandatory and enforceable provisions. It is typically one or more of these ethical standards that are used as grounds for misconduct.
“Reasonable”
The prevailing professional judgement of psychologists engaged in similar activities in similar circumstances, given the knowledge the psychologist had or should have had at the time
Five general principles of the APA Ethics Code
Beneficence and Nonmaleficence (do no harm)
Fidelity and Responsibility (be professional and responsible)
Integrity (uphold science, don’t be a douche)
Justice (fairness, being aware of your limitations)
Respect for Rights and Dignity (privacy, confidentiality, self-determination)
Pro bono services
Professional services rendered without charge.
Such services are noted in the APA Ethics Code’s general principles, and thus are recommended but not mandatory.
Client Welfare
Maintaining the welfare and protections of pros s is rye primary goal of the APA Ethics Code.
This encompasses protecting vulnerable populations and research subjects, respecting client autonomy, and committing to doing no harm.
Ethical Standard 1
Resolving Ethical Issues
Misuse of other psychologists work, ethical violations by colleagues, cooperation with the ethics committee, dealing with complaints
1.01 Misuse of Psychologists’ Work
If psychologists learn of misuse or misrepresentation of their work, they take reasonable steps to correct or minimize the misuse or misrepresentation
1.02 Conflicts Between Ethics And Law, Regulations, or Other Governing Legal Authority
If there’s conflict, psychologists must clarify the nature of the conflict, make commitment to the Ethics Code known, and take reasonable steps to resolve in accordance with the general principles and ethical standards
1.03 Conflicts Between Ethics And Organizational Demands
If an organization’s demands conflict with that of the APA Ethics Code, the psychologist must clarify the nature of the conflict, make commitment to code known, and take reasonable steps to resolve the issue in accordance with the general principles and ethical standards
1.04 Informal Resolution of Ethical Violations
When psychologists believe that there may have been an ethical violation by another psychologist, they attempt to resolve the issue by first bringing it to the attention of that individual
1.05 Reporting Ethical Violations
If a violation has substantially harmed, or is likely to substantially harm, or isn’t resolved informally, psychologists must take further action.
Any include referral to state or local licensing boards, or institutional authorities.
Exception to 1.05 Reporting Ethical Violations
1.05 does not apply when you are retained legally to review the work of another psychologist whose professional conduct is in question
1.06 Cooperating with Ethics Committees
Cooperate and address any confidentially issues that come up.
Failing to cooperate is in and of itself an ethical violation.
1.07 Improper Complaints
Do not file ethics complaints that are made with reckless disregard or willful ignorance of facts
1.08 Unfair Discrimination Against Complainants or Respondents
Psychologists cannot discriminate simply on the basis of someone being the subject of an ethics complaint
How to resolve ethical violations by colleagues
Resolve informally (1.04) and then formally if needed (1.05)
Consider client confidentiality (always takes precedence)
“Substantial harm”
Sexual misconduct, insurance fraud, plagiarism
Ethical Standard 2
Competence
Boundaries of competence, providing services in emergencies, maintaining competence, delegation of work to others, personal problems and conflicts
2.01 Boundaries of Competence
Practice within your competence (as supported by relevant training, education, supervision, consultation, study, and professional experience)
Undertake steps to receive education and supervision in new areas
In forensic work, take steps to become familiar with judicial and administrative rules governing their work
2.02 Providing Services in Emergencies
You can practice outside your competence to prevent that services are not being denied who need it…however, discontinue immediately when the emergency has ended or appropriate services are available
2.03
Undertake ongoing efforts to maintain and develop your competence
2.04 Bases for Scientific and Professional Judgments
Base your work on the established scientific and professional knowledge of the discipline
2.05 Delegation of Work to Others
Don’t delegate work to those who will have a dual-role (or poor objectivity), give them work that is only in like with their training and experiences and supervision, see that the delegate services are performed competently
2.06 Personal Problems and Conflicts
Do not engage in work where there is a substantial likelihood where personal opinions or bias will taint your work
When you become aware of a potential problem or bias that interferes with their work, they take appropriate measures (supervision, consultation, etc) and determine whether they should limit or suspend their practice
“Competence”
Skill within an area based on prior training, education, supervised practice, and study, and or professional activities
When should you examine your competence to practice
Incorporating a new technique into one’s practice
Working with a new population that one has not previously served
A critical element of delegating work to others (supervisees)…
Providing them with regular performance feedback
Does provision 2.05 regarding delegating work to inappropriate others include translators?
Yes. Should you has a family member to translate for a client, it places them in a dual-role that is inappropriate and unethical
Vicarious Liability
Being responsible for the actions of supervisees or employees
Often seen in situations with a disparity in training and education between the two parties. You have a responsibility to control the actions of those who work under you (who have less training and experience)
Ethical Standard 3
Human Relations
Discrimination, harassment, multiple relationships, conflict of interest, informant consent, request for services by third party, exploitation
3.01 Unfair Discrimination
In work-related activities, do not engage in discrimination on any basis (age, gender identity, sex, disability, SES, race…)
3.02 Sexual Harassment
Do not engage in sexual harassment (verbal, physical, advances…that is unwelcome/offensive, or severe enough to be abusive)
Can be a single event or multiple events
3.03 Other Harassment
Do not knowingly engage in harassment that is demeaning or harassing based on protected class (and other) factors
3.04 Avoiding Harm
Take reasonable steps to avoid harming those they work with (clients, supervisees, students, research subjects, etc.)
3.05 Multiple Relationships
A multiple relationship occurs when you are in a professional role with a person (and a personal role with them or someone who knows them)
Avoid this, but not unethical if you can’t reasonably expect it to cause harm or risk of exploitation
If a multiple role occurs, take steps to remedy it
3.06 Conflict of Interest
Refrain from taking on roles when personal interests can impair their objectivity or create harm/exploitation
3.07 Third Party Requests for Services
When requested by a third party to deliver services, make all attempts to clarify the nature of the service (who is the client), probable uses of this service to the third party, and any limitations to confidentiality
3.08 Exploitative Relationships
Don’t supervise people you have power over
Fees, bartering, sexual relations with supervisees, former therapy provisions, etc.
3.09 Cooperation With Other Professionals
You’re permitted to work with other professionals to serve your patients appropriately and effectively
3.10 Informed Consent
Always get it (exceptions apply)
Use language that is reasonably understandable
Obtain assent from persons who cannot provide consent (also turn to their legal guardian)
Document it!
3.11 Psychological Services Delivered To or Through Organizations
Provide information about the nature of the services, who the recipients of the information are, the relationship of the psychologist to the organization, probable uses of obtained information, and limits to confidentiality
3.12 Interruptions of Psychological Services
Make efforts to facilitate interruptions in services (illness, vacation, death, relocation, financial limitations, etc.).
Three factors to consider when determining the acceptability of a multiple relationship:
Power differential (the more influence, the less ethical)
Duration of the relationship (the longer, the less ethical)
Clarity of termination (the more easy and quick the termination, the more ethical)
Three conditions that must be met for consent to be “informed”:
Capacity (the individual is able to make a rational decision)
Comprehension (the individual is given adequate information and can understand it enough to make an informed decision)
Voluntariness (the individual has given consent freely and without coercion)
Assent
Agreement
Seek this when the person cannot legally provide consent
And take steps to ensure they understand
Ethical Standard 4
Confidentiality
Maintaining, discussing limits of, recording, disclosures, consultations…
4.01 Maintaining Confidentiality
Our primary obligation is to maintain confidentiality and to take reasonable precautions to protect such information.
4.02 Discussing the Limits of Confidentiality
Discuss with persons (able to consent, not able, legal guardians) and organizations…
1 - relevant limits to confidentiality
2 - foreseeable uses of the information gathered
Unless not feasible or contraindicated, do so at the outset and as new circumstances may warrant.
This includes when working over electronic transmission.
4.03 Recording
Before recording voices or images of persons, you must obtain permission from people or their legal representatives.
4.04 Minimizing Intrusions on Privacy
Only include information germane to the purpose of communications.
4.05 Disclosures
You can discuss confidential information with the appropriate consent of the person or organization or legally authorized representative.
Disclose without consent only as mandated by law or for other valid purpose (provide needed professional services, obtain appropriate consultations, obtain payment)
4.06 Consultations
When consulting, psychologists do not disclose confidential information that reasonably could lead identification of the person unless you’ve obtained prior consent. Disclose information only to the extent necessary to achieve consultation.
4.07 Use of Confidential Information for Didactic or Other Purposes
Do not disclose information concerning clients, research participants, students, etc. obtained during their work unless they:
Take reasonable steps to disguise the person or organization,
The person has consented in writing, or
There is legal authorization to do so
Privacy vs. Confidentiality vs. Privilege
Privacy - Freedom for people to choose when information about them is shared
Confidentiality - Obligation of psychologists to protect clients from unauthorized disclosure of their information revealed in the professional relationship
Privilege - Legal concept that protects confidentiality in the context of legal proceedings (Jaffee v. Redmond)
Holder of privilege in a legal proceeding
Normally rests with client unless called to testify in court. Then, the psychologist holds the privilege and should only disclose when court ordered to do so or when the client or their representative consents to the release.