Oral Exam Area 2- Professional Conduct Flashcards
OAC 4732-17-01 General rules of professional conduct pursuant to section 4732.17 of the Revised Code.
(A) General considerations: (5)
(1) Purpose: Rules are standards which professional conduct of a psychologist is measured.
(2) Scope: Rules shall apply to all license holders, supervisees, and applicants
-including periods of education, training, and employment required for licensure.
Term “psychologist” interpreted as whenever psychological services are being provided
(3) Violations: Violation of rules constitutes unprofessional conduct and is sufficient reason for reprimand, suspension, or revocation of a license
-Or denial of licensure or reinstatement of licensure.
(4) Aids to interpretation: Ethics codes and standards for providers from the APA,” the “Association of State and Provincial Psychology Boards,” and other relevant professional groups shall be used as aids in resolving ambiguities that may arise in the interpretation of the rules
-Except rules of professional conduct shall prevail whenever any conflict exists between these rules and any professional association standard.
(5) A license holder (or applicant), provides written response within a reasonable period of time (not exceeding 60 days) to any written inquiry, regarding compliance with law or rule, received from the board.
OAC 4732-17-01 General rules of professional conduct pursuant to section 4732.17 of the Revised Code.
(B) Negligence (7)
(1) License holder, as defined in paragraph (R) of rule 4732-3-01, shall be considered negligent if behaviors toward clients, evaluees, supervisees, employees, or students clearly fall below the standards for acceptable practice of psychology.
(2) Sexual harassment. License holders shall not engage in sexual harassment.
(3) Misrepresentation of qualifications. License holder shall not misrepresent through false or misleading information professional qualifications
- Such as education, specialized training, experience, or area(s) of competence.
(4) Misrepresentation of affiliations. License holder shall not misrepresent through false or misleading information affiliations with which the license holder is associated.
(5) Solicitation of business by clients. License holder shall not request or authorize any client to solicit business on behalf of the license holder.
(6) Promotional activities. License holder associated with the development, promotion, or sale of psychological devices, books, or other products shall ensure they are not misrepresented as to qualities, performance, or results to be obtained from use.
(7) Maintenance and retention of records.
OAC 4732-17-01 General rules of professional conduct pursuant to section 4732.17 of the Revised Code.
(B) Negligence (7)
(4) Misrepresentation of affiliations. License holder shall not misrepresent through false or misleading information affiliations with which the license holder is associated. ((3)
(a) License holder shall not claim directly or by implication professional qualifications that differ from actual qualifications
- Including degree or title not relevant to psychological training or issued by an educational institution not meeting accreditation standards
- Not misrepresent affiliation with any institution, organization, or individual,
- Not lead others to assume has affiliations when they do not.
- License holder is responsible for correcting client or public media when professional qualifications or affiliations are misrepresented
- if has knowledge of this misrepresentation.
(b) License holder shall not include false or misleading information in public statements concerning psychological services offered.
(c) License holder shall not associate with or permit name to be used in connection with any services or products in such a way as to misrepresent them, degree of responsibility for them, or the nature of association with them.
OAC 4732-17-01 General rules of professional conduct pursuant to section 4732.17 of the Revised Code.
(B) Negligence
(7) Maintenance and retention of records. (6)
(a) License holder rendering services to client or evaluee shall maintain a record that includes: (see separate)
(b) To meet requirements of these rules, but not necessarily for other legal purposes, the license holder shall ensure all contents in professional record are maintained for a period of not less than seven years after the last date of service rendered,
(c) License holder shall store and dispose of written, electronic, and other records of clients in such a manner as to ensure confidentiality.
(d) In the event a complaint has been filed, license holder shall provide original or full copy of the client file or other client-identifiable documents to the board upon request
- Provided the request is accompanied by a copy of a release signed by the client.
(e) License holders shall provide clients with reasonable access to the record maintained. License holders shall be familiar with state and federal laws/regulations relevant to client access of service records, and limit clients’ access only in exceptional circumstances
- Likely to have an adverse effect on the client.
(f) License holders shall be aware of and adhere to divisions (H)(1) and (H)(2) of section 3109.051 and other laws governing a divorced non-residential parent’s rights to access records related to child.
OAC 4732-17-01 General rules of professional conduct pursuant to section 4732.17 of the Revised Code.
(B) Negligence
(7) Maintenance and retention of records.
(a) License holder rendering services to client or evaluee shall maintain a record that includes: (11)
(i) Written documentation indicating obtained written informed consent prior to the delivery of services, signed and dated by the client/evaluee reflecting understanding of and agreement to the services,
- Or documentation justifying reason(s) why signed form was contraindicated/unfeasible
(ii) Date(s) and description of services rendered during each professional contact,
(iii) Presenting problem or reason for evaluation,
(iv) Fee arrangement,
(v) Authorizations, if any, for release of records or information,
(vi) Justification and rationale for not releasing records to a client with valid request,
- Including reason for determination that disclosure of the requested records is likely to have an adverse effect on the client
(vii) Test data or other evaluative results obtained as part of the services rendered,
(viii) Copy of reports prepared as part of the professional relationship,
(ix) Notation of providing verbal communication of results in absence of written report,
(x) Notation and results of formal contacts with other providers,
(xi) Knowledge of all multiple relationships present, with reasoning as to why it is in the best interest of the client and/or not harmful to continue professional relationship,
OAC 4732-17-01 General rules of professional conduct pursuant to section 4732.17 of the Revised Code.
(B) Negligence
(7) Maintenance and retention of records.
(b) To meet requirements of these rules, but not necessarily for other legal purposes, the license holder shall ensure all contents in professional record are maintained for a period of not less than seven years after the last date of service rendered,
- Or not less than the length of time required by other regulations if that is longer.
- Minors for not less than two years after the minor has reached the age of majority or for seven years after the last date of service, whichever is longer.
OAC 4732-17-01 General rules of professional conduct pursuant to section 4732.17 of the Revised Code.
(B) Negligence
(7) Maintenance and retention of records.
(c) License holder shall store and dispose of written, electronic, and other records of clients in such a manner as to ensure confidentiality.
- License holders shall prepare in advance and disseminate to an identifiable person a written plan to facilitate appropriate transfer and to protect the confidentiality in the event of withdrawal from positions or practice.
- Reporting to the board on the biennial registration (renewal) form the name, address, and telephone number of appropriate person knowledgeable about the location of the written plan for transfer and custody of records and responsibility for records in the event of the licensee’s absence, emergency or death.
OAC 4732-17-01 General rules of professional conduct pursuant to section 4732.17 of the Revised Code.
(C) Welfare of the client, evaluee, and associated persons: (13)
1) Conflicts of interest. License holders actively identify, disclose, document, and remedy conflicts of interest and potential conflicts of interest. (see separate)
(2) Multiple relationships. In another relationship with the same person/entity or someone closely associated. Can result in *exploitation, impaired judgment, competence, and objectivity. (see separate)
(3) Unforeseen multiple relationships. Take reasonable steps to resolve with due regard for the welfare of the person(s) with whom there is or was a professional psychological role. (see separate)
(4) Sufficient professional information. Rendering formal professional opinion or recommendation requires substantial professional information within a clearly defined role.
(5) Informed consent. A license holder shall accord each client informed choice, confidentiality, and reasonable protection from physical or mental harm or danger. (see separate)
(6) Dependency. Not exploit trust or dependency of another
(7) Media. Diagnosis, treatment, or personalized advice shall not be given by media
(8) Stereotypes. Not impose any stereotypes of behavior, values, or roles
(9) Termination/alternatives. Terminate when not benefiting and offer help to locate alternative services
(10) Referral. Make appropriate referral when requested.
(11) Continuity of care. Arrange for another professional during periods of foreseeable absence
(12) Interruption of services. (see separate)
(13) Practicing while impaired. Stop when judgment, competence, and/or objectivity is impaired due to mental, emotional, physiological, pharmacological, or substance abuse conditions.
- Terminating in appropriate manner
OAC 4732-17-01 General rules of professional conduct pursuant to section 4732.17 of the Revised Code.
(C) Welfare of the client, evaluee, and associated persons:
1) Conflicts of interest. License holders actively identify, disclose, document, and remedy conflicts of interest and potential conflicts of interest.
- know the 5 types of conflict of interests listed
- License holder’s objectivity, judgment, or competence is impaired by a multiple role/relationship or when a client/evaluee is subject to exploitation.
- Conflict of interest situations include but are not limited to:
(a) Treatment with couples, families, or groups
(b) Treatment with one+ involved in a contested parenting time or custody dispute:
- Anticipate being asked to participate in conflicting roles; and
- Clarify and document role (therapeutic services)
- No verbal/written opinions to any person or entity about person’s access to, parenting time with, or custody of, any child.
(c) Treatment with one+ children involved in a contested parenting time or custody dispute:
(d) Undertaking role to render opinions/recommendations to the court about client
(e) When conflict of interest between the client and the organization, license holder clarify the nature and direction of his/her loyalties and responsibilities
OAC 4732-17-01 General rules of professional conduct pursuant to section 4732.17 of the Revised Code.
(C) Welfare of the client, evaluee, and associated persons:
(2) Multiple relationships. In another relationship with the same person/entity or someone closely associated. Can result in *exploitation, impaired judgment, competence, and objectivity.
Actively identify/manage interpersonal boundaries (4)
(a) Unavoidable interpersonal contacts can occur and not deemed relationships.
- Does not stop helping in emergency situation
(b) Prohibited multiple relationships:
- Previous sexual relationship;
- Familial, personal, social, supervisory, employment, or other relationship *
- Sexual relationship / verbal or nonverbal with another in professional psychological role within past twenty-four months;
(c) Enter into personal, financial, employment or other relationship with another when been a professional psychological role within the previous twentyfour months and *
(d) Terminate or interrupt a professional role for the purpose of entering into a sexual, personal, or financial relationship with that person or any individual closely associated with that person.
- If remains vulnerable to exploitative influence extends indefinitely .
OAC 4732-17-01 General rules of professional conduct pursuant to section 4732.17 of the Revised Code.
(C) Welfare of the client, evaluee, and associated persons:
(3) Unforeseen multiple relationships. Take reasonable steps to resolve with due regard for the welfare of the person(s) with whom there is or was a professional psychological role. (3)
(a) All potential multiple relationships shall be discussed with the client
- continue only with both parties’ agreement.
(b) Document discovery of all multiple relationships,
- State why it’s in the best interest and/or not harmful to client
(c) Multiple relationship shall be reassessed and justified in the record.
OAC 4732-17-01 General rules of professional conduct pursuant to section 4732.17 of the Revised Code.
(C) Welfare of the client, evaluee, and associated persons:
(5) Informed consent. A license holder shall accord each client informed choice, confidentiality, and reasonable protection from physical or mental harm or danger. (5)
(a) Clearly document written informed consent, permission, or assent,
(b) Document client acknowledged understanding the purpose of third party
(c) Keep client fully informed of purpose and nature of any treatment or procedures,
(d) Court ordered evaluation, assessment or intervention: document and inform
(e) Multiple parties: clarify how records are maintained, who has access, and any limits of access
OAC 4732-17-01 General rules of professional conduct pursuant to section 4732.17 of the Revised Code.
(C) Welfare of the client, evaluee, and associated persons
(12) Interruption of services. (2)
(a) Plan for continuity of care (illness, unavailability, relocation, or death)
(b) Provide orderly and appropriate resolution of responsibility for client at end of employment
OAC 4732-17-01 General rules of professional conduct pursuant to section 4732.17 of the Revised Code.
(D) Remuneration: (2)
- Financial arrangements
2. Improper financial benefits
OAC 4732-17-01 General rules of professional conduct pursuant to section 4732.17 of the Revised Code.
(D) Remuneration:
(1) Financial arrangements
(a) Be documented and clear in advance of billing
- Initial session but no later than the end of the second session, unless contraindicated
(b) Not mislead or withhold info about cost of services.
(c) Not exploit or enter into an exploitative bartering arrangement in lieu of a fee.
(d) Not accept private fee or other remuneration unless policies make explicit provision
