Lecture 3 Flashcards
Holding psychologists accountable
Some states have ethics committees - many defer to licensing boards since costly to deal with complaints. Many just do education. There are state licensing boards in psychology. There are civil courts (can get sued). Can be criminal offense to violate code.
APA Ethics Committee Objectives
Ethics code in place at time of offense is the one used. Educate psychologists about ethics, maintain ethical conduct by psychologists, help protect the public against harmful conduct by psychologists.
EC Jurisdiction
APA members, applicants, and student affiliates. Students at schools are typically under the auspices of the department, so they will go after the higher up unless you’re under a psychologist privately.
Two types of investigations
Show cause: another body has already taken serious adverse action against a member (unlicensed, felony conviction, etc.) - member does not respond in 60 days: expelled (have to personally respond, attorney can’t do it). member asks for a review: within 60 days. Member offers resignation - “resignation while under ethics investigation” (publicized to APA membership). Allegations of violations of the ethics code: Initiated by members or nonmembers or EC (sua sponte). Evaluated by ethics office director or investigators - either dismissed or case opened.
Who complains against psychologists?
60% psychotherapy clients or family members. 25% other psychologists or closely allied professionals. 15% students, supervisees, others in business/research.
EC time limit for notices and complaints
Complaints by members have to be within three years of behavior being discovered. Complaints by nonmembers and student affiliates have to be within five years. Sua sponte complaints have to be under one year after discovered and under ten years after it occurred. Exceptions: alleged misconduct involving “behavior likely to cause substantial harm” and complaint received less than ten years after unethical conduct occurred.
Correspondence related to complaints
Member must respond “personally” to the ethics committee. Member must cooperate fully and in a timely manner (otherwise in violation of 1.06).
Open case to investigation
EC director sends charge letter (including): description of alleged misconduct, specific sections of the code alleged to have been violated, copy of completed ethics c/o form, other materials submitted by complainant, copy of APA ethics code and rules and procedures, statement of limited confidentiality. Respondent has 30 days after receipt of charge letter to file an initial response, request for extension must show good cause, respondent may choose to resign (resignation under ethics investigation). EC chair and director refers to full EC, remand back to EC director, dismiss the charges (no violation, violation would not warrant further action, insufficient evidence), educative letter (be mindful of something). Recommend reprimand or censure, recommend expulsion, recommend stipulated resignation (mutually agree upon stipulations regarding disclosure of violations and minimum time period after resignation before member is eligible to reapply for membership - respondent accepts or rejects)
Sanctions available to EC
Cease/desist - just stop doing it. Other corrective actions: unlimited, only thing they can’t make you do is pay money to anyone. Supervision requirement. Education, training, or tutorial requirement. Evaluation and/or treatment requirement. Probation - someone monitors your behavior for a specified period of time. Also annual report of names of people censured, expelled.
Board of directors
EC recommendations sent to board of directors, accepts or rejects.
Sua sponte due to capricious or malicious complaint
EC can initiate action against a complainant if judged by 2/3 of members (can’t do this if not APA member who complained though)
Countercomplaint
EC does not consider during the course of its investigation/resolution of the initial complaint. Simultaneous complaints: may choose to combine them or keep them separate.
Anonymous complaint
EC does not act on these. If information is in public domain, EC may choose to take sua sponte action.
Ethics complaints not pursued
Nature of complaint has no relevant provision in ethics code. Alleged misconduct not committed while psychologist was functioning in the role of a psychologist. EC is not the appropriate mediator. Individual the person complained about is not APA member. Complaint is against a group, agency, etc. (not an individual). Complaint is anonymous and its essence is not in the public domain. Complaint appears frivolous. Limitation statutes or rules have expired.
Dealing with complaints
Inquiry/notice: not very common, 32 received in 2015. Complaint filed: also not common. Preliminary investigation. Formal case - 8 cases opened in 2015, all because of loss of license/notice from licensing board. Active cases.
