Exam 2 Flashcards
1.01 Misuse of Psychologists’ Work:
* After learning of misuse what must be done?
* What if unaware of misuse?
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
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
*(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
1.03 Conflicts Between Ethics and Organizational Demands :
After learning of conflict what must be done?
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
1.04 Informal Resolution of Ethical Violations:
* When it informal appropriate?
* How can it be addressed informally?
-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
Not Appropriate 1.04
-if it would violate an individual’s confidentiality rights
-or when not feasible
Informally 1.04
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
1.05 Reporting Ethical Violations:
* What is prioritized higher than reporting violations?
-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.”
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1.06 Cooperating with Ethics Committees:
* Why might you not be able to cooperate with a committee?
due to current litigation related to the complaint, can request that the ethics committee delay adjudication of a complaint
1.06 After receiving notice from a committee, what steps might you take?
-cooperate with committee
-psychologist is given a charge letter
- they must then provide the committee with comment and materials regarding the allegation
1.08 Unfair Discrimination Against Complainants and Respondents :
* Can you legally discriminate against someone because they filed a complaint?
-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
Involvement in capital cases
* Legally allowed to?
* Ethically allowed to?
* Ethical dilemmas of participation?
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
What does competence mean?
-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
Competence Issues Noted in the Specialty Guidelines for Forensic Psychology
-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
2.01 Boundaries of Competence:
* where/how can you get appropriate skills?
* If you don’t have competence what should you do?
-training
-experience
-consultation
-supervised experience
-study
-professional experience
2.01: If you don’t have competence what should you do?
-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
Role of expert witness
to educate the judge or jury on topics of which the average person is likely to have knowledge on
What is the difference between an expert witness and a fact witness?
-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
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?
yes if emergency and other services not available
2.02 When cease services?
as soon as emergency has ended or proper services become available
2.02 What are the pros and cons of providing emergency care for suicidal persons?
-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
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2.02 cont.
2.03 Maintaining Competence:
* How can this be done?
independent study
-continuing education courses
-supervision
-consultation
-formal postdoctoral study
“Psychologists undertake ongoing efforts to
develop and maintain their competence.
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?
-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