Ethics Flashcards

1
Q

What is duty of care?

A

A moral obligation to safeguard the wellbeing of others.

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2
Q

Negligence is

A

the violation of duty of care

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3
Q

Factors considered in whether someone has a duty of care

A
  • Fair and reasonable
  • Foreseeability (likelihood/magnitude of harm)
  • Proximity
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4
Q

APS General Principle A (respect for the rights and dignity of people) includes:

A
Respect
Informed consent (A.3.)
Privacy (A.4.)
Confidentiality (A.5.)
Collection of client information from associated parties (A.7.)
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5
Q

APS General Principle B (propriety) includes:

A
Competence
Record-keeping
Professional responsibility
Multiple clients
Collaborating with others
Conflicting demands
Research
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6
Q

APS General Principle C (integrity) includes:

A

Non-exploitation
Reputable behaviour
Conflict of interest
Ethics investigations/concerns

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7
Q

What does risk minimisation involve?

A
  • Staying alert to potential conflicts
  • Seek advice when in doubt
  • Maintain awareness of responsibilities
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8
Q

Principled negotiation: how would someone develop an ethical antenna?

A

proactive identification of issues, understanding intuitive responses, ongoing training to develop ethical reflection skills, foster culture of ethical sensitivity

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9
Q

Strategies for ethical problem solving?

A
  1. Recognise ethical issue
  2. Clarify the ethical issues
  3. Generate and examine options
  4. Choose and implement
  5. Reflect and review
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10
Q

What does the APS Code say about privacy?

A

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.

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11
Q

What do the ‘Confidentiality’ section of APS Code say about confidentiality – conditions for disclosure of info?

A

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
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12
Q

Non-disclosure related confidentialy, APS?

A

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
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13
Q

What happens if demands of org requires general principle violation?

A

CISC

  • Clarify nature of conflict
  • Inform all parties of ethical responsibilities
  • Seek constructive resolution that upholds code
  • Consult senior psychologist
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14
Q

What does the APS Code say about record keeping?

A

● 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

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15
Q

What is informed consent?

A

A procedure that entails providing clients with comprehensive information about the psychological service and gaining their agreement to take part in their service.

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16
Q

4 key elements to obtaining valid consent?

A
  1. Client considered competent
  2. Consent obtained voluntarily, without coercion
  3. Specificity
  4. Language
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17
Q

What does informed consent entail, as stated by APS?

A

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
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18
Q

What does informed consent entail, as stated by APS?

A

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
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19
Q

What should explanation of services involve?

A

wwww.pp.at

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

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20
Q

When is obtaining informed consent not required?

A
  • 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
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21
Q

NHMRC: What are the exceptions to informed consent and their conditions?

A
  • 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
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22
Q

What are the four main components to determine capacity?

A

● 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
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23
Q

What are the expected competencies for generally registered psychologists?

A

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

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24
Q

What does the APS say about competence and professional practise?

A
  • Bring and maintain appropriate skills and learning to professional practice
  • Only provide psychological services within the boundaries of their professional competence. This includes, but is not restricted to:
    (a) working within the limits of their education, training,
    supervised experience and appropriate professional
    experience;
    (b) basing their service on the established knowledge of the
    discipline and profession of psychology;
    (c) adhering to the Code and the Guidelines;
    (d) complying with the law of the jurisdiction in which they provide psychological services; and
    (e) ensuring that their emotional, mental, and physical state does not impair their ability to provide a competent psychological service.
25
Q

What does the APS say about competence and professional practise?

A
  • B.1.1: Bring and maintain appropriate skills and learning to professional practice
  • B.1.2: Only provide psychological services within the boundaries of their professional competence. Includes
    (a) working within the limits of their education, training, and experience;
    (b) basing their service on the established knowledge of the
    discipline and profession of psychology;
    (c) adhering to the Code and the Guidelines;
    (d) complying with the law of the jurisdiction in which they provide psychological services; and
    (e) ensuring that their emotional, mental, and physical state does not impair their ability to provide a competent psychological service.
26
Q

What does the APS say about maintaining competence?

A
  • B.1.3: maintain appropriate levels of competence through supervision and consultation
  • B.1.4: Continuously monitor your professional functioning. If you become aware of problems that may impair your ability to provide competent psychological services, you take appropriate measures to address the problem by:
    (a) obtaining professional advice about whether they should limit, suspend or terminate the provision of services (e.g., speak with peers and supervisors; seek professional help);
    (b) taking action in accordance with the psychologists’ registration legislation of the jurisdiction in which they practise, and the Constitution of the Society; and
    (c) refraining, if necessary, from undertaking that psychological service.
27
Q

Required CPD documentation?

A

10 hours peer supervision, 10 hours active CPD; Endorsement = should have at least 16 hours that are obviously related to your area of practice

  1. Have a written learning plan that includes identified CPD goals based on objective self assessment, and a plan for achieving your goals that includes proposed activities, timeframes and expected outcomes. You should review your CPD plan regularly – at least annually – and update and revise it as required.
  2. Between 1 December and 30 November each year undertake 10 hours of peer consultation plus 20 hours of any other CPD activities in accordance with your CPD plan.
  3. Keep a CPD portfolio including your CPD plan, CPD and peer consultation logs, evidence of attendance where applicable, and written reflection (journal or log of oral reflection with peers/mentor).

Must keep logs for 5 years (can keep these as e-versions… keep forever)

28
Q

B.1.2. e) Psychologists should ensure that their emotional, mental, and physical state does not impair their ability to provide a competent psychological service. What are some common occupational hazards, and what can we do to prevent them?

A

Occupational hazards include:
● Stress
● Burnout
● Vicarious trauma – traumatized by the information we hear from clients.
● Compassion fatigue – lacking in compassionate reactions to our clients … “the emotional cup is empty”

To prevent them, exercise self-care: deliberate, self-initiated activities to maintain your health (emotional, mental, physical)
● Can be fun (e.g., eat a block of chocolate and binge Netflix)
● Can be more practical (e.g., do a few loads of laundry, cook a nutritious meal)

29
Q

B.1.2. e) Psychologists should ensure that their emotional, mental, and physical state does not impair their ability to provide a competent psychological service. What are some common occupational hazards, and what can we do to prevent them?

A

Occupational hazards include:
● Stress
● Burnout
● Vicarious trauma – traumatized by the information we hear from clients.
● Compassion fatigue – lacking in compassionate reactions to our clients … “the emotional cup is empty”

To prevent them, exercise self-care: deliberate, self-initiated activities to maintain your health (emotional, mental, physical)
● Can be fun (e.g., eat a block of chocolate and binge Netflix)
● Can be more practical (e.g., do a few loads of laundry, cook a nutritious meal)

30
Q

What does the APS say about professional responsibility?

A

(a) act with the care and skill expected of a competent
psychologist;
(b) take responsibility for the reasonably foreseeable
consequences of their conduct;
(c) take reasonable steps to prevent harm occurring as a result
of their conduct;
(d) provide a psychological service only for the period when those
services are necessary to the client;
(e) are personally responsible for the professional decisions
they make;
(f) take reasonable steps to ensure that their services and
products are used appropriately and responsibly;
(g) are aware of, and take steps to establish and maintain proper
professional boundaries with clients and colleagues; and
(h) regularly review the contractual arrangements with
clients and, where circumstances change, make relevant modifications as necessary with the informed consent of the client.

31
Q

When we are raising a concern for an explanation, apology, refund/compensation, access to health records or to amend them, change in policy or practice at a health service practice, we submit a complaint/concern to:

A

a health complaints organisation

32
Q

When we are raising a concern because we think a practitioner’s behaviour is placing the public at risk, is practising their profession in an unsafe way, or their ability to make safe judgements about their patients might be impaired because of their health, we submit a complaint/concern toL

A

AHPRA

33
Q

What does mandated/notifiable conduct mean for people not reporting?

A

Practitioners, employers and education providers are all mandated by law to report notifiable conduct relating to a practitioner or student

Registered practitioners who fail to report notifiable conduct may face disciplinary action by their National Board.

34
Q

What falls under notifiable conduct?

A

● Intoxication by alcohol or drugs while practicing or training in the profession
● Engagement in sexual misconduct in connection with the profession
● An impairment that places the public at risk of substantial harm
● A significant departure from accepted professional standards that places the public at risk of harm

35
Q

Notifications may be made based on:

A
● Health
● Performance
● Conduct – 3 levels
- Unprofessional conduct
- Professional misconduct
- Notifiable conduct
36
Q

What is unprofessional conduct?

A

Conduct that is of a lesser standard than would be reasonably expected of the health practitioner by the public or their professional peers.

37
Q

Examples of unprofessional conduct?

A
  • Breach of the National Law
  • Breach of a registration condition
  • Conviction for an offence that may affect suitability to continue practice
  • Providing health services that are excessive or unnecessary
  • Influencing another health practitioner to compromise patient care
  • Accepting or offering a benefit for recommendations to another practitioner (e.g., finder’s fees, conflict of interest)
38
Q

What is professional misconduct?

A

Conduct that is substantially below the standard reasonably expected by a practitioner of an equivalent level of training or experience

  • Significant lack of competence
  • More than one instance of unprofessional conduct that is not consistent with being a fit and proper person to hold registration in the profession.
39
Q

What is a reasonable belief?

A

● When:
○All known considerations relevant to the formation of a belief are taken into account,
including matters of opinion
○Those known considerations are objectively assessed
● A just and fair judgement that reasonable grounds exist in support of a belief can be made when all known considerations are taken into account and objectively assessed

Speculation, rumours, gossip, are not enough to form reasonable belief

40
Q

If you become aware of problems that may impair your ability to provide competent psychological services, you take appropriate measures to address the problem by:

A

(a) obtaining professional advice about whether they should limit, suspend or terminate the provision of services (e.g., speak with peers and supervisors; seek professional help);
(b) taking action in accordance with the psychologists’ registration legislation of the jurisdiction in which they practise, and the Constitution of the Society; and
(c) refraining, if necessary, from undertaking that psychological service.

41
Q

Info used for a purpose other than the primary purpose of collection only:

A
  • with client consent;
  • if info de-identified and used in course of approved research; or
  • use is legally required
42
Q

Notifying intoxication – decision guide?

A

If we saw it – must notify
If not, if we have a reasonable belief that they went into practice while intoxicated – must notify
Otherwise no notification required

43
Q

Sexual misconduct – decision guide?

A

Reasonable belief of sexual misconduct – must notify

44
Q

Placing public at substantial risk of harm – decision guide?

A

Reasonable belief -> is risk of harm to public substantial?
If not no notification required.
If yes, and if risk arised in practice AND because practitioner has impairment – must notify

45
Q

Departure from accepted standards – decision guide?

A

Reasonable belief that practitioner has placed public at risk of harm –
Is risk of harm because practised in a way that constitutes a significant departure from accepted professional standards?
If yes, must notify.
If not, no notification required.

46
Q

Psychologists who reasonably suspect that another psychologist is acting in a manner inconsistent with the ethical principles and Code:

A

● Where appropriate, draw the attention of the psychologist to those actions, either directly or through a senior psychologist;
● Report the conduct to either the Ethics Committee of the Society or the Australian Health Practitioner Regulation Agency (AHPRA)
Psychologists do not lodge, or endorse the lodging, of trivial, vexatious or unsubstantiated ethical complaints against colleagues.

47
Q

AHPRA will assess all notifications/complaints to determine whether a Board must consider taking immediate action to protect the public or further investigate the matter. What is this process?

A

Stage 1: Receipt of Notification/Complaint

Stage 2: Preliminary Assessment

  • Refer to relevant board or tribunal hearing OR
  • Issue a caution, impose undertakings, and impose conditions OR
  • Take no further action

Stage 3: Investigation
- See outcomes above

Stage 4: Panel Hearing

  • Issue a caution reprimand, conditions, suspension, monitoring regime
  • Take no further action
Stage 4: Tribunal Hearing
A tribunal hearing will be conducted to determine the appropriate course of action, which may be to: - issue a caution or reprimand
- impose conditions and monitor
- fine registrant
- suspend registration 
- cancel registration
- take no further action
48
Q

APS: client means…

A

a party or parties to a psychological service involving teaching, supervision, research, or professional practice in psychology.

49
Q

APS: Psychological service means…

A

any service provided by a psychologist to a client including but not limited to professional activities, psychological activities, professional practice, teaching, supervision, research practice, professional services, and psychological procedures

50
Q

NHMRC have 5 qualities that they look for in human research:

A
o Merit
o Integrity
o Justice
o Beneficence 
o Respect

Need to weight risk vs benefits.

51
Q

What does the APS say about research ethics?

A

APS Code B.14
● Comply with all codes (NHMRC, ARC, University Based)
● Data reported accurately
● Once results published / publicly available, make data available to competent professionals seeking to verify or reanalyse the data

52
Q

How to assess risk in research?

A

o Identify all risks
o Evaluate probability and severity of each risk
o Identify ways to alter the study design to address the risks
o Identify how remaining risks will be managed and monitored

53
Q

How does respect play into research ethics?

A

Respect for autonomy is reflected through properly informed consent in the recruitment and briefing of the prospective participants; given opportunity to express concerns in rx and debriefing, and opportunity to withdraw at anytime.

54
Q

What do we have to consider when proposing an animal study, according to NHRMC?

A

NHMRC: Australian code for the care and use of animals for scientific purposes (8th ed., 2013)

The three Rs
o Replacement - is there any way for the animal to be replaced by something else, eg invertebrates, tissue culture?
o Reduction - use as few animals as possible. Only as many as needed for sample size, use same animals for multiple procedures
o Refinement - making sure people are trained, animal home environment; minimise harm

55
Q

What does the APS code say about Reputable behaviour?

A

C.1.1. and C.1.2.
Psychologists avoid engaging in disreputable conduct that reflects
● On their ability to practice as a psychologist (i.e., competence)
● Negatively on the profession or discipline of psychology

56
Q

Who is mandated by law to report notifiable conduct? What happens if you don’t?

A

Practitioners, employers and education providers are all mandated by law to report notifiable conduct relating to a practitioner or student.

Registered practitioners who fail to report notifiable conduct may face disciplinary action by their National Board.

57
Q

When is a health notification made?

A

Practitioners are health impaired if they have a physical or mental impairment, disability, condition or disorder that detrimentally affects, or is likely to detrimentally affect, their capacity to practice their profession

58
Q

When is a performance notification made?

A

The professional performance of a registered practitioner is defined to be unsatisfactory if it is below the standard reasonably expected of a practitioner of an equivalent level of training or experience