Ethics Flashcards
What is duty of care?
A moral obligation to safeguard the wellbeing of others.
Negligence is
the violation of duty of care
Factors considered in whether someone has a duty of care
- Fair and reasonable
- Foreseeability (likelihood/magnitude of harm)
- Proximity
APS General Principle A (respect for the rights and dignity of people) includes:
Respect Informed consent (A.3.) Privacy (A.4.) Confidentiality (A.5.) Collection of client information from associated parties (A.7.)
APS General Principle B (propriety) includes:
Competence Record-keeping Professional responsibility Multiple clients Collaborating with others Conflicting demands Research
APS General Principle C (integrity) includes:
Non-exploitation
Reputable behaviour
Conflict of interest
Ethics investigations/concerns
What does risk minimisation involve?
- Staying alert to potential conflicts
- Seek advice when in doubt
- Maintain awareness of responsibilities
Principled negotiation: how would someone develop an ethical antenna?
proactive identification of issues, understanding intuitive responses, ongoing training to develop ethical reflection skills, foster culture of ethical sensitivity
Strategies for ethical problem solving?
- Recognise ethical issue
- Clarify the ethical issues
- Generate and examine options
- Choose and implement
- Reflect and review
What does the APS Code say about privacy?
A.4.
Psychologists avoid undue invasion of privacy in the collection of information. Includes:
(a) collecting only information relevant to the service being provided; and
(b) not requiring supervisees or trainees to disclose their personal
information, unless self-disclosure is a normal expectation of a given training procedure and informed consent has been obtained from participants prior to training.
What do the ‘Confidentiality’ section of APS Code say about confidentiality – conditions for disclosure of info?
CONDITIONS OF DISCLOSURE
A.5.2 Info only disclosed:
- with consent of client or AP
- legally obliged (subpoena)
- if there’s an immediate and specified risk of harm to an identifiable person/s that can be averted only by disclosing information
- when consulting colleague or supervisor/trainer if identity of clients/AP involved concealed, or if client consent given and info recipient preserves client privacy
A.5.4 Disclose only information necessary to achieve purpose of disclosure, and only to people required to have that information
A.5.5 Info used for a purpose other than the primary purpose of collection only:
- with client consent;
- if info de-identified and used in course of approved research; or
- use is legally required
Non-disclosure related confidentialy, APS?
A.5.1. Considering legal & org requirements, we should safeguard confidentiality of information in collection, recording, access, disposal, etc, as well as after leaving work or cease to provide services
A.5.3. We should inform clients at outset of professional relationship, and regularly thereafter if required, of limits of confidentiality, and foreseeable uses of the information generated in course of relationship
A.5.5 Info used for a purpose other than the primary purpose of collection only:
- with client consent;
- if info de-identified and used in course of approved research; or
- use is legally required
What happens if demands of org requires general principle violation?
CISC
- Clarify nature of conflict
- Inform all parties of ethical responsibilities
- Seek constructive resolution that upholds code
- Consult senior psychologist
What does the APS Code say about record keeping?
● Client psychological records include any information recorded that identifies the client and/or documents the nature, delivery, progress, results, or recommendations of psychological services
● Psychologists make every effort to maintain accurate, current, and complete record of psychological services
○ Responsibility for sufficient detail
○ A suitably trained psychologist should be able to pick up from where we have left off.
How long we keep records for – see HRIPA 2002. 7 years until last entry for adults, until 25yo for kids
What is informed consent?
A procedure that entails providing clients with comprehensive information about the psychological service and gaining their agreement to take part in their service.
4 key elements to obtaining valid consent?
- Client considered competent
- Consent obtained voluntarily, without coercion
- Specificity
- Language
What does informed consent entail, as stated by APS?
CCCRRNA
Confidentiality and its limits Collection and use of information Condition of termination of services Right to decline (and consequences) Risk and adverse effects Nature and purpose of procedures Any other relevant information
What does informed consent entail, as stated by APS?
CCCRRNA
Confidentiality and its limits Collection and use of information Condition of termination of services Right to decline (and consequences) Risk and adverse effects Nature and purpose of procedures Any other relevant information
What should explanation of services involve?
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Who will be providing the service
What happens to the information gathered by the psychologist, including disclosure to a referring third party
What is expected of the clients
Whether a report will be written and to whom it will be available
Professional qualifications and affiliations of providers
Purpose and rationale of procedures
Available means of complaints
The right to withhold information and question the reasoning of procedures
When is obtaining informed consent not required?
- Rendering service without consent is permitted by law (e.g., forensic setting)
- NHMRC or other ethics committee has waived requirement in respect of research -> ref. NHMRC National Statement on Ethical Conduct in Human Research 2007
- Consider capacity to give consent (ref Capacity: A.3.6, 3.7); four key components of determining capacity
NHMRC: What are the exceptions to informed consent and their conditions?
- No suitable alternatives involving full disclosure
- Potential benefits justify it
- Research is no more than low risk
- Limited disclosure unlikely to affect participants adversely
- Precise extent of limited disclosure is defined
- Debriefed; given opportunity to withdraw data
- No likely reason to believe that had participants known the true purpose they would have not consented
- Must not result in an increased risk of harm
Under rare conditions may be able to grant waiver of consent, when:
- Impractical to gain consent
- Adequate plan in place to protect the privacy of participants
What are the four main components to determine capacity?
● Understanding
○ Understands the information provided
● Appreciation
○ Can apply the information to their situation
● Reasoning
○ Can retain the information and consider the information to form a decision
● Expression of choice
○ Clearly expresses / communicates the decision to you
- Assume that those over 18 have capacity
What are the expected competencies for generally registered psychologists?
KPEICRWP
Knowledge of discipline
Psychological measurement and assessment
Ethical, legal and professional matters
Intervention Strategies
Communication and interpersonal relationships
Research and evaluation
Working with people from diverse groups
Practice across the lifespan