Exam 2 Flashcards

1
Q

1.01 Misuse of Psychologists’ Work:
* After learning of misuse what must be done?
* What if unaware of misuse?

A

If psychologists learn of misuse or misrepresentation of their work, they take reasonable steps to correct or minimize the misuse or misrepresentation.
Corrective action must be taken
when FBSers learn that others have
misused or misrepresented their
work
*May not be able to ensure that their
requests to correct misuse are
followed
*All efforts should be documented
-inaction due to unawareness is not an ethical violation
-Write letter
-Speak with interested parties
-Request retraction of misrepresentations
-Discuss with appropriate persons the corrective measures to be taken

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2
Q

1.02 Conflicts Between Ethics and Law, Regulations, or Other Governing Legal Authority:
* If can’t be resolved then?
* Resolution to all FBSers as a result of Hoffman Report

A

*(When reasonable actions do not
resolve the conflict)
*FBSers are permitted to make a
decision to comply with the legal or
regulatory authority
*if their actions cannot be used to justify
or defend violating human rights
*1.02 doesn’t require compliance w/
law
2010
-ethical duties come before legal obligations when activities contribute in any way to a violation of human rights
-FBSers can not participate in conducting, supervising, assisting, or even in the presence of any national security interrogations for any military or intelligence agency or contractors
-ONLY allowed if they are providing services for detainee

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3
Q

1.03 Conflicts Between Ethics and Organizational Demands :
After learning of conflict what must be done?

A

take reasonable steps to resolve the conflict
consistent with the General Principles and
Ethical Standards of the Ethics Code. Under
no circumstances may this standard be used
to justify or defend violating human rights
*FBSers working in or with organizations
may encounter company policies that
conflict with the Code
* Organizational welfare prioritized over the
individual
*FBSers must make known their
commitment to the Code in
communications with the organization
*Don’t assume that 1.03 waives their
obligation to adhere to other Code
standards
*FBSers working in or consulting
to organizations must:
*evaluate how their work may
unintentionally condone
organizational practices that
justify violation of human rights
*address the needs of multiple
stakeholders who differ in terms of
power and privilege

-FBSers must make known their commitment to the Code in communications with the organization
-take reasonable steps to resolve the conflict
-1.03 does not waive their obligation to adhere to other Code standards

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4
Q

1.04 Informal Resolution of Ethical Violations:
* When it informal appropriate?
* How can it be addressed informally?

A

-violation could be adequately addressed through discussion with and subsequent remedial actions by the violating psychologist
-intervention does not violate any confidentiality rights that may be involved
* discuss violation with offending
psychologist to confirm whether
misconduct has actually occurred
* and, if appropriate, recommend
corrective steps and ways to prevent
future violations

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5
Q

Not Appropriate 1.04

A

-if it would violate an individual’s confidentiality rights
-or when not feasible

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6
Q

Informally 1.04

A

In integrated care setting, psychologists
may be approached by other providers
seeking assistance for emotional distress
or problems
* Requests raise ethical questions
* Is the impairment jeopardizing welfare of patients?
*What to do:
* Become familiar with site rules and procedures
for reporting impaired practitioners
* If it does not exist, ask how such incidents are

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7
Q

1.05 Reporting Ethical Violations:
* What is prioritized higher than reporting violations?

A

-confidentiality
*As a rule of thumb, behaviors likely
to cause substantial harm, and
therefore requiring formal reporting,
are of a kind similar to sexual
misconduct, insurance fraud,
plagiarism, and blatant intentional
misrepresentation

1.05 does not apply when an
intervention would violate
confidentiality rights or when
psychologists have been retained to
review the work of another
psychologist whose professional
conduct is in question.”
29

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8
Q

1.06 Cooperating with Ethics Committees:
* Why might you not be able to cooperate with a committee?

A

due to current litigation related to the complaint, can request that the ethics committee delay adjudication of a complaint

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9
Q

1.06 After receiving notice from a committee, what steps might you take?

A

-cooperate with committee
-psychologist is given a charge letter
- they must then provide the committee with comment and materials regarding the allegation

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10
Q

1.08 Unfair Discrimination Against Complainants and Respondents :
* Can you legally discriminate against someone because they filed a complaint?

A

-NO
Prohibits unfair discrimination
against those who make ethics
complaints
*Prohibits unfair discrimination
against individuals who have been
accused of, but not found to have
committed, an ethical violation

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11
Q

Involvement in capital cases
* Legally allowed to?
* Ethically allowed to?
* Ethical dilemmas of participation?

A

Yes
YES
Ethical Dilemmas of participation
-ensures competence of offender
-may violate human rights as death penalty has been misused-against innocents and variability of mental retardation-preventing dp

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12
Q

What does competence mean?

A

-a combination of skills, knowledge, and attitude which is reflected in job behavior that can be evaluated
-Competency is a determining factor for successful performance
-The focus of competency is behavior which is an application of skills, job attitude and knowledge

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13
Q

Competence Issues Noted in the Specialty Guidelines for Forensic Psychology

A

-acquisition of skills
-representation of competencies
-knowledge of the legal system and rights of individuals
-scientific foundations
-appreciation of individual differences
-appropriate use of services and products

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14
Q

2.01 Boundaries of Competence:
* where/how can you get appropriate skills?
* If you don’t have competence what should you do?

A

-training
-experience
-consultation
-supervised experience
-study
-professional experience

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15
Q

2.01: If you don’t have competence what should you do?

A

-get the skills necessary
-if unable to, refer the patient or refrain from activity

When psychologists are asked to
provide services to individuals for whom
appropriate mental health services are not
available and for which psychologists have
not obtained the competence necessary,
psychologists with closely related prior
training or experience may provide such
services in order to ensure that services are
not denied if they make a reasonable effort
to obtain the competence required by using
relevant research, training, consultation, or12
2.01d

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16
Q

Role of expert witness

A

to educate the judge or jury on topics of which the average person is likely to have knowledge on

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17
Q

What is the difference between an expert witness and a fact witness?

A

-fact witness: whose role is to provide records or testify knowledge of a patients psychological functioning or treatment not originally obtained for legal purposes
-fact witness is specific to defendant, expert is just for knowledge

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18
Q

2.02 Providing Services in Emergencies:
* can they provide services if not competent?
* What are the pros and cons of providing emergency care for suicidal persons?

A

yes if emergency and other services not available

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19
Q

2.02 When cease services?

A

as soon as emergency has ended or proper services become available

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20
Q

2.02 What are the pros and cons of providing emergency care for suicidal persons?

A

-patient may become attached to you
-you helped that person in their time of need
* FBSers without the necessary competencies
are permitted to try to reduce the immediate
risk of suicide
* should call for emergency services
* or attempt to obtain appropriate services for
the individual
* or refer the person to such services as soon
as feasible
22
2.02 cont.

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21
Q

2.03 Maintaining Competence:
* How can this be done?

A

independent study
-continuing education courses
-supervision
-consultation
-formal postdoctoral study
“Psychologists undertake ongoing efforts to
develop and maintain their competence.

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22
Q

2.05 Delegation of Work to Others:
* Are they allowed to delegate? If so under what circumstances?
* Are they responsible if someone they delegate to messes up?

A

-yes
-avoid delegating such work to persons who have a multiple relationship
-authorize only those responsibilities that such persons can be expected to perform competently
-see that such persons perform these services competently

YES

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23
Q

2.06 Personal Problems and Conflicts:
* when aware of personal problems interfering with work what should be done?

A

take appropriate measures, such as obtaining professional consultation or assistance, and determine whether they should limit, suspend, or terminate their work-related duties

Psychologists refrain from initiating an
activity when they know or should know that
there is a substantial likelihood that their
personal problems will prevent them from
performing their work-related activities in a
competent manner.”

“refrain from beginning” and “substantial
likelihood”
* = intent is preemptive

FBSers can turn to state-licensing boards
and state psychological associations that
provide colleague assistance programs to
help psychologists deal proactively with
and remediate impairment
*If such steps are not adequate to ensure
competence, psychologists must
appropriately limit, suspend, or terminate
work-related duties

24
Q

3.01 Unfair Discrimination:
* Have to accept all clients?
* What is the difference between valid discrimination and unfair discrimination?

A

-no, only those you can reasonably expect to help
-Make sure work does not reflect
personal or organizational
biases/prejudices that can lead to
injustice
*Principle D: Justice 4

-unfair: refusing treatment of someone based on their characteristics: race, gender, ability, etc
-valid: refusing treatment of someone for valid/proper reasons such as competency or multiple relationships

25
Q

3.02 Sexual Harassment
* What is sexual harassment?
* What does it include?
* Types?

A

sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, that occurs in connection with the psychologist’s activities or role as a psychologist, and that either
is unwelcome, is offensive, or creates a hostile workplace or educational environment, and the psychologist knows or is told this; or
is sufficiently severe or intense to be abusive to a reasonable person in the context.

Sexual harassment can consist of a single
intense or severe act or of multiple persistent or
pervasive acts.”

26
Q

3.02 Code vs. Law

A

If code has a higher standard than the law, must obey code

27
Q

3.03 Other Harassment :
* harassing and demeaning…
* Allowed to make critical comments about subordinate’s work?

A

do not knowingly engage in behavior that is harassing or demeaning to persons with whom they interact in their work based on factors such as those persons’ age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, language, or socioeconomic status

yes, as long as based on legitimate criteria

28
Q

3.04 Avoiding Harm:
* Aversion therapies videos
* Ethical and unethical uses of aversion therapy
* “reasonable steps”
* is all harm foreseeable?

A

is all harm foreseeable? :
NO
When should you terminate treatment?
when it becomes clear that continuation would be harmful

Is Use of Aversion Therapies
Unethical?
*Even with research evidence that it
works, aversion therapies require
ethical deliberation because they
purposely subject clients/patients to
physical and emotional discomfort and
distress

29
Q

3.04: “reasonable steps”

A

Often include complying with other standards in the Code, like:
-Assessing Student and Supervisee Performance (7.06)
-Bases for Assessments (9.01); Use of Assessments (9.02)
-Psychological Services Delivered To or Through Organizations (3.11)
-Boundaries of Competence (2.01f)
-Debriefing (8.08c)
-Disclosures (4.05b)

30
Q

3.04 What legitimate activities may lead to harm?

A

*Conversion therapy puts young
people at risk of serious harm
with no demonstrable benefits

*Should be aware of psychotherapies
or counseling techniques that may
cause harm
*Failure to terminate treatment when
it becomes clear that continuation
would be harmful is a violation of
3.04 and 10.10a (terminating
therapy)

Institutional review boards (IRBs) must
determine:
*that risks to subjects are reasonable in
relation to anticipated benefits, if any, to
participants
*and the importance of the knowledge that
may reasonably be expected to result
*Psychologists must also be familiar with
the regulatory definition of “minimal risk”

31
Q

3.05 Multiple Relationships:
* When does a multiple relationship occur?
* Are they all ethical? Unethical?

A

when a psychologist is in a professional role with a person and
at the same time is in another role with the same person, or
at the same time is in a relationship with a person closely associated with or related to the person with whom the psychologist has the professional relationship, or
promises to enter into another relationship in the future with the person or a person closely associated with or related to the person.
ARE MULTIPLE RELATIONSHIPS ALWAYS UNETHICAL
-NO
Not all post-termination nonsexual
relationships are prohibited
*Clients in Individual and Group
Therapy
*3.05 does not prohibit treating
clients/patients concurrently in
individual and group therapy

32
Q

3.05 Why/when should a FBSer avoid a multiple relationship?

A

if the multiple relationship could reasonably be expected to impair the psychologist’s objectivity, competence, or effectiveness in performing his or her functions as a psychologist, or otherwise risks exploitation or harm to the person with whom the professional relationship exists

33
Q

3.05 Boundaries are designed to?

A

-to support the effectiveness of psychologists’ work and create a safe place for clients/patients, students, employees, and other subordinates to benefit from psychologists’ services
-to protect against a blurring of personal and professional domains that could jeopardize psychologists’ objectivity with whom they work with

34
Q

3.05 Self-Disclosure

A

-not unethical if psychologists limit these communications to meet the therapeutic, educational, or supervisory needs of those they serve

35
Q

3.05 Sexual Relationships with FBSers

A

*Sexual relationships with individuals
with whom FBSers have a current
professional relationship are always
unethical because of the strong
potential for harm involved in such
multiple relationships
37

36
Q

3.08 Exploitative Relationships:
* What is an exploitative relationship?

A

taking unfair advantage of or manipulating someone for their own use or satisfaction

Psychologists do not exploit persons over
whom they have supervisory, evaluative, or
other authority such as clients/patients, students,
supervisees, research participants, and
employees

37
Q

3.10 Informed Consent:
* What is it?
* Why do we want it?
* What’s its purpose?
* What should the informed consent contain?
* When is it needed?
* Who must provide it?
* What’s informed assent?
* …related to court ordered psychological services

A

permission granted in the knowledge of the possible consequences, typically that which is given by a patient to a doctor for treatment with full knowledge of the possible risks and benefits.

38
Q

3.10 Why do we want informed consent?

A

it it the primary means of protecting the self-governing and privacy rights of those with whom psychologists work

39
Q

3.10 Why is informed Consent Needed?

A

when psychologists conduct research or provide assessment, therapy, counseling, or consulting services in person or via electronic transmission or other forms of communication

40
Q

3.10 Who must provide Informed Consent?

A

patient, if under 18 or legally incompetent then legal guardian
-emancipated and mature minors provide consent

41
Q

3.10 related to court ordered psychological services

A

-prohibited by law
-psychologists must still inform the individual of the nature of services, whether the services were court ordered or mandated by another governing authority, and the limits of confidentiality
(a) why the assessment is being conducted, (b) that the findings may be entered into evidence in court
(c) if known to the psychologists the extent to which the individual and his or her attorney will have access to the information

42
Q

4.01 Maintaining Confidentiality:
* can confidentiality be violated? If so under what circumstances?
* Precautions sufficient to maintain confidentiality?

A

only through consent of patient or if to prevent harm

43
Q

4.02 Discussing the Limits of Confidentiality:
* What are the limits of confidentiality?
* Should FBSers search the internet for information on clients, patients, students, employees, and others with whom they work?

A

Legal, institutional, or professional
obligations frequently place limits on the
extent to which private information
acquired during FBS activities can be
kept confidential
* e.g. Mandated reporting of suspected child
abuse or neglect
*Promising confidentiality without
revealing its known limitations is a
misrepresentation of fact that may violate

(b) Unless it is not feasible or is
contraindicated, the discussion of
confidentiality occurs at the outset of
the relationship and thereafter as new
circumstances may warrant.

No

44
Q

4.02 Confidentiality Minors

A

Practicing FBSers should inform
children and, when appropriate, adult
clients/patients and their legal
guardians about the nature of
information that will be shared with
guardians

45
Q

4.02 Telepsychology confidentiality?

A

Psychologists who offer services, products, or information via electronic transmission inform clients/patients of the risks to privacy and limits of confidentiality.

46
Q

4.02 Telepsychology confidentiality?

A

Psychologists who offer services, products, or information via electronic transmission inform clients/patients of the risks to privacy and limits of confidentiality.

47
Q

4.02 When should the discussion take place?

A

Unless it is not feasible or is contraindicated, the discussion of confidentiality occurs at the outset of the relationship and thereafter as new circumstances may warrant
permits FBSers to delay discussion of
confidentiality in cases in which the
treatment needs of a new client/patient,
such as acute trauma, must take
priority
•Delays are also permitted when the
limits of confidentiality need to be
further explored

48
Q

4.02 Who should limits of confidentiality be discussed with?

A

persons(including persons who are legally incapable of giving consent and their legal representatives) and organizations with whom they establish a scientific or professional relationship

49
Q

4.02 Military Confidentiality

A

-No psychologist-client confidentiality in the traditional sense
-During informed consent, military clients/patients must be informed about the disclosure policies that may affect them

50
Q

4.03 Recording:
* permissions when?
* Technical assistance?
* Methods FBSers can use to protect confidentiality when recording clients’ voice or image?

A

Before recording the voices or
images of individuals to whom they
provide services, psychologists obtain
permission from all such persons or
their legal representatives.”

recording-psychologists obtain permission from all such persons or their legal representatives, use technical assistance to maintain confidentiality

No such exceptions are permissible for service providers

51
Q

4.05 Disclosures:
* When can you disclose confidential info?
* You just heard your client say they intend to hurt someone. What do you do now?
* What is it?
* All states?
* What does an FBSer need to do?

A

“(a) Psychologists may disclose
confidential information with the
appropriate consent of
*organizational client,
*individual client/patient,
*or another legally authorized person on
behalf of the client/patient
…unless prohibited by
law.”

-with consent from patient, unless prohibited by law
-(1) provide needed professional services;
(2) obtain appropriate professional consultations;
(3) protect the client/patient, psychologist, or others from harm; or
(4) obtain payment for services from a client/patient

52
Q

4.05 Duty to Protect

A

require certain classes of health care providers to inform a third party of the prospect of being harmed by a client/patient
-May call for him to:
warn the intended victim or others likely to apprise the victim of the danger,
to notify the police,
or to take whatever other steps are reasonably necessary under the circumstances
-states differ: some mandate warning, others permit, others prohibit it

53
Q
  • Tarasoff incident
  • What happened?
  • Tarasoff I
  • Tarasoff II
A

Tarasoff I = If clinician obtained
information from his/her patient that an
identified victim was at risk  he/she has
a duty to warn the intended victim, even if
that meant breaking confidentiality
*Tarasoff II (extended concept) = “the
duty to protect supersedes the duty to
warn”
* This means that “warning in itself may not
ultimately be sufficient to protect the victim.

54
Q

4.06 Consultations:
* Can you discuss confidential information with colleagues? If so when?

A

yes as long as person cannot be identified or permission of client

) psychologists do not disclose confidential
information that reasonably could lead to the
identification of a client/patient, research
participant, or other person or organization
with whom they have a confidential
relationship unless they have obtained the
prior consent of the person or organization or
the disclosure cannot be avoided, and

(2) they disclose information only to the extent
necessary to achieve the purposes of the
consultation.

55
Q

4.07 Use of Confidential Information for Didactic or Other Purposes:
* When may you disclose? What must you do?

A

“Psychologists do not disclose in their writings,
lectures, or other public media, confidential,
personally identifiable information concerning
their clients/patients, students, research
participants, organizational clients, or other
recipients of their services that they obtained
during the course of their work, unless
(1) they take reasonable steps to disguise the
person or organization,
(2) the person or organization has consented in
writing, or
(3) there is legal authorization for doing so.”

*FBSers are permitted to reveal
confidential information if
*the person or organization has
consented in writing
*or there is legal authorization for doing
so