Ethics & Professional Issues Flashcards
Ethical Violations by Colleagues
1st before any action consider client confidentiality:
(1.04) Handel ethical violations informally by discussing them with the offender when “an informal resolution seems appropriate.”
(1.05) Not appropriate for informal resolution, make a forma report to appropriate authorities when the problem involves “substantial harm”
“substantial harm” Sexual misconduct
Insurance Fraud
Plagiarism
Client Welfare
“Take reasonable steps” to avoid and minimize harm.
Pro Bono Services
Professional services provided without charge.
Recommended by General Principles but not required
Compliant & Respondent
Prohibits psychologist from discriminating toward people who are a compliant or respondent to a pending charge of ethical misconduct solely on the basis of being the subject of an ethics complaint.
- It would be unethical to deny a person a promotion because they are the compliant/respondent in am unresolved complaint.
Informed Consent for Therapy
When obtain informed consent to therapy inform client’s “as early as is feasible” about:
Nature and anticipated course of treatment, Fees/Financial arrangements,
Limits of Confidentiality,
Involvement of 3rd Parties,
Opportunity for client to ask questions, When a trainee/intern inform client you are being supervised and give “supervisors name.” (10.01)
Client’s Receiving Services from Another Professional
When a client is receiving similar services from another professional, “proceed with caution,” and sensitivity to therapeutic issues.
Primary concern is the client’s welfare. (10.04)
Sexual Intimacies with Clients & Former Clients
Prohibits Psychologists from:
Sexual relationships with current clients (10.05)
Becoming sexually involved with people they know to be “close relatives,” guardians, or significant others of current clients. (10.06)
Providing therapy to people with whom they have had a sexual relationship “in the past.” This exclusion is absolute; no time limits or exceptions. (10.07) Having sexual relationships with former clients for at least “two years” after the cessation of therapy and then only in the “most unusual of circumstances.”(10.08)
Interruption & Termination of Therapy
Requires Psychologists to “terminate therapy when it is clear the client does not need services,
is not benefiting from it or
is being harmed by continued services” and to avoid abandonment of the client by providing them with “pre-termination counseling” and/or appropriate referrals. (10.09 & 10.10)
Exception: Pre-term counseling/referrals not necessary if terminating because the client or a person the client has a relationship with poses a threat to the Psychologist. (10.10 - b)
Test Data
“Raw & scaled scores”, the examinee’s responses to test questions, and the Psychologist’s notes/recordings concerning the examinee’s responses and behaviors during testings.
“Pursuant to a clients release, only provide test data to the person identified in the release.”(9.04)
Test Materials
Requires Psychologist to “make reasonable efforts” to protect the integrity & security of test materials (manuals, instruments, protocols, and test questions or stimuli)(9.11)
Test Scoring & Interpretation Services
Requires Psychologists to select test scoring and interpretation services on the basis of their “validity and other appropriate considerations” and are responsible for applying and interpreting the information in an appropriate manner.(9.09)
Obsolete Tests
Psychologists make sure that any recommendations or decisions they make are not based on the results of outdated or obsolete tests. (9.08)
Use (Misuse) of Psychological Tests
To avoid misusing tests and other assessment techniques, ensure that they are administered, scored, and interpreted by “qualified people” and that recommendations and conclusions are not based on the results of “obsolete tests.”
Deception in Research
Deception in research is acceptable as long as it is justified by:
- The potential value of the study
- Alternative procedures are unavailable
- Participants are not deceived about conditions that may be “reasonably expected to cause physical pain or severe emotional distress”
- Participants will be debriefed at the end of the study but no later than the conclusion of data collection. (8.07)
Informed Consent for Research
Research participants must be informed about the:
- Purpose, expected duration, and procedures of the research
- The right to decline and to withdraw from the study once it begun
- Foreseeable consequences of declining or withdrawing
- Any reasonably foreseeable factors that might affect their willingness to participate(risks, discomfort or adverse effects)
- Any prospective research benefits
- Limits of confidentiality
- Incentives for participation
- Whom to contact for questions about research and participants rights. (8.02)
Animals in Research
The use of animals in research states to “acquire, care for, use and dispose of animals according to federal, state, and local laws and regulations.”
Procedures that produce pain, stress, or privation are acceptable only when justified by:
Potential findings of the study and when alternative procedures are unavailable
If an animals life must be terminated, it must be done as “rapidly and painlessly” as possible. (8.09)
Publication Credit
Requires credit to be based on each person’s “contribution” rather than status.
Student to be listed as the “principal author” on multiple-authored articles based substantially on the students dissertation except “under exceptional circumstances.”(8.12)
Education & Supervision
Requires Psychologists to “act competently and responsibly”, and to take “reasonable steps” to ensure they do not misrepresent themselves or their work when teaching, supervising or designing education or training programs.
Course syllabi should be accurate, yet modifying course requirements is allowed when necessary or desirable.
Prohibited from requiring students to disclose personal information, yet may be acceptable when the requirement is clearly stated in program material or information is needed to evaluate or obtain assistance for a student or supervisee whose personal problems may be interfering with their education/training or “pose a threat” to others. (7.01 - 7.06)
Sexual Relations with Students & Supervisees
Prohibits Psychologists from engaging in sexual relationships with students and supervisees over whom they have or are likely to have “evaluative authority.”
Client Access to Records
Determined by law.
The Psychologist is the owner of the physical record, while the client has the right to inspect the contents of the record.
Psychologist = Owner of record
Client = Right to inspect contents
Record Keeping Guidelines
APA specifies that records of psychological services must include a minimum: Identifying Information Dates of Service Types of Service Fees Assessment reports & intervention plans Release of Information
Retain a client’s record for 7 years after termination of services for adults or 3 years after a minor reaches the age of majority.
Collection Agencies
Requires Psychologists to discuss fees and other financial matters with client’s “as early as feasible.”
Acceptable for Psychologists to use a collection agency to obtain outstanding fees, but first need to notify the client of the intent and give them the opportunity to pay fees.
Barter
Psychologists may barter only if:
- it is not clinically “contraindicated,” and
- The arrangement is not “exploitative.”
Referral Fees
Are not prohibited but must be based on the “actual costs of the services provided” and not the referral itself.
Sliding Fee Scale
Not addressed by the Ethics Code but are generally considered acceptable as long as they are “fair” and serves the “best interest of the client.”
FERPA
Family Education Rights and Privacy Act - 1974 (aka Buckley Amendment)
Applies to records maintained by educational institutions receiving federal funds.
Prohibits schools from disclosing personally identifying information from student records without the consent of the parents of students or students 18 and older.
Grants parents/students rights to inspect the educational records.
HIPAA’s Privacy Rule
Distinguishes between protected health information (PHI) and psychotherapy notes and allows clients to inspect and obtain a copy of PHI contained in a designated record set.
Client Testimonials
Prohibits Psychologists from “soliciting testimonials” from current clients or others who are “vulnerable to undue influence.” (5.05)
In-Person Solicitation
Prohibits Psychologists from engaging in “uninvited in-person solicitation” of business from people who are “vulnerable to undue influence.”(5.06)
2 Exceptions:
1. May invite current client’s family members to participate in therapy to benefit the client or
2. Offer “disaster or community outreach services”