INTERVENTION: Subdomain 4 -- Ethics/Legal Issues Regarding Therapy Flashcards

1
Q

What is covered in the APA Code of Ethics?

A

(APA, 2017)

  1. Resolving ethical issues
  2. Competence
  3. Human relations
  4. Privacy and confidentilaity
  5. Advertising and other publics statements
  6. Record keeping and fees
  7. Education and training
  8. Research and publication
  9. Assessment
  10. Therapy
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2
Q

What are the 5 general principles of the APA code?

A

APA, 2017

  • Principle A: Beneficence and Nonmaleficence
    ——Provide benefit and do no harm (while partaking in self-care)
  • Principle B: Fidelity and Responsibility
    ——Establishment of trust
    ————Consulting and referring when appropriate
    ——Responsibility to community
    ——Pro-bono work
  • Principle C: Integrity
    ——Honesty (don’t commit fraud, kids)
  • Principle D: Justice
    ——Duty to exercise judgement
    ——Watch bias
    ——Work within one’s competence
  • Principle E: Respect for Rights and Dignity of Others
    ——Rights to privacy and confidentiality
    ——Self-determination
    ——Diversity
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3
Q

What are the ethical considerations around informed consent?

`

A

(APA, 2017)

  • Must be given to client
  • Course of therapy, fees, limits of confidentiality, and (when appropriate) name of supervisor
  • With family therapy, confirm who clients are and relationships
  • With group therapy, explain role of each member and limits of confidentiality
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4
Q

What are the ethical considerations around someone receiving services elsewhere?

A

(APA, 2017)

  • Be cautious when deciding whether to provide services to a client who is already receiving other services
  • Consider the client’s welfare
  • Discuss issues around this with the client
  • Consult with the other provider(s) when possible
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5
Q

Should you have sex with your client?

A

(APA, 2017)

No. Just, don’t.

  • Sex/intimacies is never allowed with current clients OR relatives/significant others
  • Can’t accept people you’ve had intimacies with previously
  • May engage after two years have passed since termination
    ——You bear the burden of proof that there has been no exploitation
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6
Q

What are the ethical considerations around termination?

A

(APA, 2017)

  • Make reasonable efforts to provide resolution if terminating early
  • When:
    ——Client no longer needs services
    ——Not likely to benefit
    ——Being harmed by therapy
    ——Therapist feels threatened/endangered by client or relative
    ——Pre-termination counseling and suggest alternative services
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7
Q

What is the feminist code of ethics?

A

(Rave & Larson, 1995)

  • Additive to APA Code
  • Must consider impact of society on problems brought to therapy
  • Be aware/Acknowledge:
    ——Cultural diversities and oppressions
    ——Power differentials
    ——Overlapping relationships and client confidentiality
  • Remain accountable and practice self-care
  • Actively seek multiple avenues for change
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8
Q

What is the purpose of boundaries in therapy?

A

(Barnett, 2014)

  • Boundaries exist to provide a sense of safety for the client
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9
Q

What are ways that people handle boundaries?

A

(Barnett, 2014)

  • Avoiding a boundary –> NEVER engaging in a behavior
    ——(e.g., never touching a client)
  • Boundary crossing –> Transgression NOT considered inappropriate, unwelcome, or harmful
    ——(e.g., potentially hugging a grieving client if carefully considered)
  • Boundary violation –> significant potential harm or is unwelcomed by therapist
    ——(e.g., sex with a client)
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10
Q

How do you know what is a boundary violation or a boundary crossing?

A

(Barnett, 2014)

  • Some actions are clear violations (sex with clients, come on friends just don’t), but other things require careful deliberation
  • When making decisions about boundary crossing consider:
    ——Client’s issues
    ——Intent
    ——Whether the client welcomes the action or not
    ——Psychologist’s theoretical orientation
    ——Diversity issues
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11
Q

What is the “slippery slope” idea of boundary violations?

A

(Barnett, 2014)

  • Initially sexual relationships were viewed as mismanagement of countertransference by the therapist
  • Milder boundary crossings would lead to a “slippery slope” of worse actions
    ——Therapists urged to be highly conservative to avoid accidentally having a sexual relationship with a client
  • Recent research does NOT support “slippery slope” idea
    ——Rigid adherence can be detrimental/damaging to relationship
    ————▪ (i.e., refusing a small gift from client)
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12
Q

Why do therapists have sex with their clients?

A

(Barnett, 2014)

  • Why do therapists have sex with clients?
    ——Naivety about ethics standards
    ——Problems with professional competence
    ——Character issues
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13
Q

What should we do when considering boundary issues?

A

(Barnett, 2014)

  • When considering boundary issues we should consult
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14
Q

How do we balance the codes of ethics?

A

(Knapp et al., 2013)

  • Some rely too heavily on the Ethics Code (see it as law)
  • Others disproportionately emphasize their personal beliefs and treat clients like they were friends.
  • Both extremes can have serious negative consequences
  • Strive for balance
  • Ideally, integrate APA code with own personal values
    ——(Handelsman et al., 2005) added a terrible colonizer metaphor here about
    assimilation and acculturation.
    ——The takeaway is –> we need to learn to adapt the ethics of our field into our lives
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15
Q

What is the deal with ethics code violations?

A

(APA, 2003)

  • Not necessarily equal to violations of law
  • Some states have codified ethics into law
  • Means membership to APA and other psych associations at risk
  • Can lose license depending on violation
  • Violating law can lead to losing license
  • If ethical responsibilities conflict with law you must declare your commitment to the APA Ethics Code
    ——Consult legal advice
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16
Q

Can you choose your clients?

A

(APA, 2003)

  • Free to choose (unless under contract)
17
Q

What are the considerations of confidentiality?

A

(APA, 2003)

  • Supervisors responsible for supervisees
  • Privilege –> legal concept – bars disclosure of confidential information in legal proceedings and can only be asserted by client
  • Confidentiality –> duty to not disclose info about the client
  • Can break when someone threatens to harm someone else (varies by state)
    ——Duty to Warn
  • Acknowledging someone is your client is a breach
18
Q

What do you do when a client dies?

A

(APA 2003)

  • Client death – maintain files confidentially for period dictated by law
  • Keep records confidential even after death
19
Q

What are the laws around maintaining records?

A

(APA 2003)

  • Law requires maintenance of records of services
20
Q

What is abandonment?

A

(APA 2003)

  • Inappropriate ending of services
  • Abandonment – specified by law
  • Can include inappropriate termination or lack of referral
21
Q

What are the ethical concerns about closing a practice?

A

(APA, 2003)

  • Clients legally allowed access to records for a period of time
  • Try to refer/terminate active sessions
  • Death/sudden illness – have a co-therapist (provide referrals/store client records)
    ——Collecting overdue bills or giving a third party who is paying for therapy legal rights should be agreed at outset
22
Q

What happens in legal cases?

A

(APA, 2003)

  • Subpoena (legal document)
    —–Requires psychologist to give documents or testimony
    ——Can be challenged
    ——Do not necessarily do away with client privilege (ability to deny confidential
    information to be disclosed)
  • Psychologist CAN assert privilege on behalf of client until the submit waiver to the court to submit documents
  • Failure to comply/respond can result in penalties
    ——But can appeal (with legal advice)
  • Can be called to be “expert” or “fact” witness
    ——Expert witness: give an opinion or do assessment
    ——Fact witness: testify what’s in the client’s records
23
Q

SUBDOMAIN 4 CITATIONS

Not including the APA citations

A

SUBDOMAIN 4 CITATIONS

Not including the APA citations

24
Q

Rave & Larson, 1995

A

Rave & Larson, 1995

  • What is the feminist code of ethics?
25
Q

Barnett, 2014

A

Barnett, 2014

  • What is the purpose of boundaries in therapy?
  • What are ways that people handle boundaries?
  • How do you know what is a boundary violation or a boundary crossing?
  • What is the “slippery slope” idea of boundary violations?
  • Why do therapists have sex with their clients?
  • What should we do when considering boundary issues?
26
Q

Knapp et al., 2013

A

Knapp et al., 2013

  • How do we balance the codes of ethics?