Ethics and Professional issues Flashcards
What is the role of a Fact Witness?
A fact witness testifies about what they have heard, been told, or observed. (e.g., referencing information that the psychologist has been told or observed)
BY CONTRAST, an expert witness is deemed an expert in a particular domain and provides info about this domain in court. For example, an expert witness might testify as to whether or not an individual fits the established profile of a murderer. (e.g., making an interpretation about the case)
Sex with a former patient?
Possibly ethical, provided at least two years have passed since the end of therapy and the psychologist can demonstrate there has been no exploitation in light of seven factors (e.g., nature and duration of therapy, patient’s current mental status, etc.). Even then, however, sex with former patient should not occur except in the most unusual circumstances.
Rules for soliciting testimonials?
They are allowed, as long as they (1) are not solicited from current therapy clients, and (2) are solicited from those vulnerable to undue influence.
Sex with current patients?
NO, with no exceptions. NO NO NO
Sex with relatives or significant others of current psychotherapy patients?
Psychologists do not engage in sexual intimacies with individuals they know to be close relatives, guardians, or significant others of current clients/patients. Psychologists do not terminate therapy to circumvent this standard.
Can you provide services to former sexual partners?
No, with no exceptions.
What are the rules and expectations regarding interruption of therapy?
When entering into employment or contractual relationships, psychologists make reasonable efforts to provide for orderly and appropriate resolution of responsibility for client/patient care in the event that the employment or contractual relationship ends, with paramount consideration given to the welfare of the client/patient
Terminating therapy
Psychologists must terminate therapy when it becomes reasonably clear that the client/patient no longer needs the service, is not likely to benefit, or is being harmed by continued service.
Psychologists may terminate therapy when threatened or otherwise endangered by the client/patient or another person with whom the client/patient has a relationship. When this happens, pretermination counseling or referral is not necessary.
Sex with students or supervisees?
NO
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.
Rules and expectations regarding referral fees?
Referral fees (either the psychologist paying someone else, getting paid, or dividing fees with another professional) can only occur when the payment is based on services provided (clinical, consultative, administrative, or other) and is NOT based on the referral itself.
E.g., a psychologist and psychological associate may engage in fee splitting based on provision of supervision. But, one cannot fee split between professionals when it is based on referrals (e.g., a referral source gets 5% of the patient’s ongoing fees).
Who holds privilege in court-ordered treatment?
The patient; they are entitled to complete confidentiality (think: court-ordered treatment for spouse abuse).
By contrast, in court-ordered evaluation, the client has no privilege and must be informed of the lack of confidentiality at the outset.
The APA ethics principles and code of conduct includes general principles and ethical standards. What is the nature of these elements?
The principles (5 of them) are aspirational, while the standards (10 of them) are enforceable.
You at a later date. The mother has signed a request for release of information to be used in a custody battle. Based on your experience with the father, you know he has abused his children. Your best course of action would be to (this is getting at treating multiple individual)…
According to the ethics code, when multiple people have been in treatment, they all need to consent before confidential information may be released. In this scenario, consent from both the husband and wife is required. The abuse issue here is a red herring. When you become aware of the abuse, you would have been mandated to make you report to child protective services. You would not be allowed to release any information to the attorney unless you have the consent of the father.
What is the main takeaway regarding multiple relationships? Kosher? Not kosher?
Multiple relationships that do not impair the psychologist’s functioning or risk harm or exploitation are not unethical.
There is no stipulation that multiple relationships should generally be avoided.
Not guilty by reason of insanity vs. incompetent to stand trial?
NGBROI = the person is not guilty because they were insane at the time the murder was committed
ITST = inability to defend oneself in court proceedings
You are sending patient notes to an insurance company for billing purposes. Is this ok?
Yes, so long as you can ensure that appropriate security measures are in place; this would constitute adhering tot highest possible standards. Note coding the client’s name alone is not sufficient.
Under what circumstances may a subpoena for treatment records be ignored?
It may never be ignored, no matter the context. When a subpoena is issued, the therapist must show up at the appointed time with the required documents. Although the therapist may assert privilege, this does not mean that the subpoena can be ignored.
