PA Laws and Regulations: Ethical Decision Making Model Flashcards
what is the layout of PA laws and regulations
- General
- Licenses
- Professional corporations and fictitious names
- Qualifications
- Examinations
- Miscellaneous
- Code of ethics
- Sexual intimacies
- Notice requirements (e.g. moving, changing name)
what are the 10 principles the PA code is organized into
o Responsibility
o Competency
o Moral and legal standards
o Public statement
o Confidentiality
o Welfare of the consumer
o Professional relationships
o Utilization of assessment
o Research with human participants
o Care and use of animals in research
differences between PA ethics code and APA code
Preamble
Principle 2c : encouraging independent practice of unlicensed persons (clergy)
Principle 2d representation of non psychological academic degrees
Principle 3e: application of APA guidelines and standards
-Have to follow the code even if you are not a member of APA, if you are licensed you have to follow code
Principle 4 C-F: group advertisements, public announcements, personal growth groups, accurate announcements (talks at length about these things)
Principle 7c : professional relationships (provides more detail)
Principle 9c: minimal risk with human subjects
explain PA laws that make a difference
- PA mandated reporter law
-Reporting known or suspected child abuse even when not actively practicing - Elder abuse
-only reported when it happens in a facility
-can be reported up to your discretion otherwise (if it is not happening in a facility) - HIV status and reporting
-PA does not have a specific law for HIV, the only time there could be legal action is if the person was incarcerated or the person was a sex worker; but as a psychologist we are not required to report - PA drunk driving law
-If someone discloses in a session that someone was drunk driving, you have to make a report, if you smell alcohol on them you have to report it as well; report to PA department of transportation and they call the police; duty to warn
what are the five APA principles
–Beneficence and nonmaleficence
–Fidelity and responsibility
-integrity
-justice
-respect for people’s rights and dignity
explain Beneficence and nonmaleficence
Reflects dual obligation to strive to do good and avoid doing harm
-Promoting the welfare of others
-Treating people and animals humanely
-Increasing scientific and professional knowledge of behavior and people’s understanding of themselves
-Improving the condition of individuals, organizations, and society
explain Fidelity and responsibility
Faithfulness of one human being to another
-Promise keeping
-Discharge and acceptance of fiduciary (trust) responsibilities
-Appropriate maintenance of scientific, professional and teaching relationships
-Responsibility to obtain and maintain high standards of competence in their work and concern with ethical compliance
-Psychologist avoid conflicts of interest that would jeopardize trust or lead to exploitation or harm
explain integrity
-Requires honest communication, truth telling, promise keeping, and accuracy in the science, teaching, and practice of psychology
-Refraining from making professional commitments that cannot be met and avoiding or correcting misrepresentations of one’s work
-Do not steal, cheat, or engage in fraud or subterfuge
What are some of the most common ways psychologists lack integrity?
-Lying, deceiving, misrepresenting work, giving false diagnoses to get someone services (time to use unspecified or other specified diagnoses)
explain justice
-provide all people with fair, equitable, and appropriate access to treatment and to the benefits of scientific knowledge
-Awareness and guarding against one’s own bias
what are the three kinds of justice
1) Distributive justice (fair access to benefits from contributions of psychology)
2) Procedural justice (fairness of the rules and practices applied across contexts and populations)
-Does not always mean equal
3) Interactional justice (fairness of how people are treated)
explain respect for peoples rights and dignity
-Informed consent
-Respecting diversity
-Privacy and confidentiality
-Assessment
what is a virtue and how is it applicable in psychology
behavior showing high moral standard; dispositional habits acquired through social nurturance and professional education to provide one with motivation and skills necessary to apply to the profession
in psychology it is developing a moral compass for psych and having an ethical commitment
-cognitive, emotional, dispositional, behavioral, and wisdom aspects of character strength, which motivates and enables one to act ethically
what are the requisite virtues for psychologists
Conscientiousness
-Motivation to do what’s right
Discernment
-Being contextually and relationally sensitive; and being insight and using judgment
Prudence
-Applies practical wisdom to ethical challenges
what are a couple of other virtues
Openness to others
Virtue of self care
-Identity stressors
-Recognizing the emotional toll of work related stress
-Practicing self care
corresponding virtues and ethical awareness to beneficenence and nonmaleficence principle
virtues: compassion, humane, nonmalevolent, prudent
ethical awareness: psychologists should be able to identify what is in the best interest of those with whom they work , when a situation threatens the welfare of individuals and the competencies required to achieve the greatest good and avoid or minimize harm
corresponding virtues and ethical awareness to fidelity and responsibility principle
virtues: faithful, dependable, conscientious, committed to professional growth
psychologists should be aware of their obligations to the individuals and communities affected by their work, including their responsibilities to the profession and obligations under the law
corresponding virtues and ethical awareness to integrity principle
virtues: honest, reliable, self aware, genuine
psychologists should know what is possible before making professional commitments and be able to identify when it is necessary to correct misconceptions or mistrust
corresponding virtues and ethical awareness to justice principle
virtues: judicious, fair, open to complexity and ambiguity
psychologists should be able to identify individual or group vulnerabilities that can lead to exploitation and recognize when a course of action would result in or has resulted in unfair or unjust practices
corresponding virtues and ethical awareness to respect for people’s rights and dignity principle
virtues: respectful, consideration
psychologist must be aware of special safeguards necessary to protect the autonomy, privacy, and dignity of members of the diverse populations with whom psychologists work
first two steps when dealing with a case
First, scan the case and determine the ethical principles and standards, law, that might be relevant for the case
-Your role and current status
-Issues relevant during intake
-Mandated reporting
Determine if there is a dilemma
-The next section will detail what to do when you believe there is an ethical dilemma present
-Might not always be a dilemma, but there are always ethical things you need to think about (a true dilemma is a conflict between multiple standards and principles)
explain ethical intelligence
-An active process of continuous awareness that involves constant questioning and personal responsibility
-Depends on our ability to take care of ourselves, to recognize when fear, anger, boredom, resentment, sadness, hopelessness, or anxiety hurt our work
-Aspirational principles and standards are essential in this process, but they do not show us how to answer the question
-Looking at code to help us make a decision; what to do comes from us
what negative and positive emotions can make an influence
Negative emotions
-Fear, anxiety, disgust, disrespect
Positive emotions
-Passion, calmness/centered, empathy, respect/sympathy, elevation
what are the five factors that draw ethical judgment off track
cognitive commitments, authorities, groups, what you see is all there is (WYSIATI), imaginative illusions
explain cognitive commitments and the two ways it throws off judgment
-Expressing a commitment to solely one approach
-Throws off judgment in 2 ways
-Logical mistake of affirming the consequent
-Inferential mistake of confirmation bias
explain authorities
overly relying on our supervisors
explain groups
Can potentially block sound ethical judgment
explain what you see is all there is (WYSIATI)
Important to have an understanding of all of the facts because missing facts could lead us to make rash decisions
explain imaginative illusions
common thinking errors
tips for addressing common thinking errors
-Generative alternative explanations for clinical impressions
-Look for confirming viewpoints and disconfirming viewpoints
-Play one’s own devils advocate (or have someone play it for you)
-know Barnum effect
-Tendency to accept certain information as true, such as character assessments even when the information is so vague it could be considered worthless
-Personality descriptions apply specifically to the client rather than realizing they could apply to everyone
-Knowing that we are flawed and open to error
explain language of ethics code
Always remember when we see words such as foreseeable, appropriate, or reasonable it indicates that psychologists need to use their personal decision making skills in applying the standard
what is critical thinking
The objective analysis and evaluation of an issue in order to form a judgment
due notice?
need to be sure that you provide forewarning (e.g. Good Faith Estimate)
explain use of modifiers in code
-Appropriate potentially to the extent feasible and attempt to
-Allow for professional judgment
explain feasible modifier
permits psychologists to evaluate whether factors within the specific context in which they are working justify delaying or not implementing behaviors required by a particular standard
explain appropriate modifier
signals that the behaviors required to comply with a standard can vary with the psychological characteristics of the persons involved
explain relevant modifier
guards against the language that would create a rigid rule that would be outdated
explain reasonable and its two functions
Prevailing professional judgment of psychologists engaged in similar activities in similar circumstances, given the knowledge the psychologists had or should have had at the time
Two major functions
-Prevention of idiosyncratic ethical judgments inconsistent with the prevailing values and behaviors of members of the profession
-Guards against unrealistic or unfair expectations of responsible conduct
explain substantial harm
A strong possibility that the event will happen
Use our own common sense to determine what SH means
Behaviors that are likely to cause SH include sexual misconduct, insurance fraud, plagiarism, and blatant intentional misrepresentation
E.g. client tells you they had sex with previous patient; cannot go to them without consent; have to report it to the board because it causes substantial harm; do not go right to the past therapist, go right to the state board
explain client/patient
individual persons whom a psychologist is providing treatment, intervention or assessment services
organizational client
refers to organizations, representatives of organizations, or other individuals for whom the psychologist providing consultation, organization or personnel evaluations, test development, research, forensic expertise, or other services that do not involve a treatment intervention, or diagnostic professional relationship with the person to whom services are provided
important things to know when making an ethical decision
-When engaged in any clinical encounter, be mindful of any and all relevant ethical principles and standards
-When faced with an ethical dilemma, do not skip a step
when is language used to reveal nad conceal
-Substitute the general for the specific
-Use a conditional frame for consequences
-Use denied motivation as misdirection
-Use the abstract language of technicalities
–Use the passive voice
-Make unimportant by contrasting with what did not occur
-Replace intention unethical behavior with the language of accidents, misfortune, and mistakes
-Smother the events in the language of attach
what is risk management in terms of ethical decision making
-Operating using high professional ethics
-Thinking about APA/PA ethics code
-Considering state and federal law
-Does not always consider the best interest of the client
explain principle based ethics as it relates to the five principles in the APA code
-Therapists avoid harming client (nonmaleficence)
-Healthcare professionals recognize the right of patients to make their own decisions (Respect for autonomy)
-Beneficence: working to promote the wellbeing of others, clients
-Justice: dealing fairly with others (nondiscrimination)
-Fidelity (integrity): being faithful to the commitments inherent in mental health services
-General beneficence: obligations that psychologists have to society in general
when do ethical problems occur
-The ethical problem occurs when the guiding principles (A-E) demand or appear to demand that a psychologist adopt each of two or more alternative actions, yet the person cannot perform all of the required alternatives
-One overarching principle may temporarily override another overacting ethical principle
what to consider when two principles/standards are in conflict with one another
-The reasons justifying acting on one overarching ethical principle override the justifications for acting on another
-The action has a realistic chance of success and there is no reasonable or morally preferable alternative available
-The individual tries to minimize harm to the moral principle that is being infringed upon
BINS model of ethical decision making (what are the four bins)
Legal, clinical, ethical, risk management
