Professional Conduct Flashcards
Purpose of the rules of professional conduct
The rules of professional conduct constitute the standards against which the required professional conduct of a psychologist is measured.
Scope of the rules of professional conduct
- Apply to the conduct of all psychology and school psychology licensees and applicants, including the applicant’s conduct during the period of education, training, and employment that is required for licensure.
- The term “psychologist” as used in these rules shall be interpreted accordingly, whenever psychological services are being provided in any context.
Violations of rules of professional conduct
A violation constitutes unprofessional conduct and is sufficient reason for a reprimand, suspension or revocation of a license, or denial of either original licensure or reinstatement of licensure.
Aids to interpretation of rules of professional conduct
Ethics codes and standards for providers promulgated by APA and CPA and other relevant professional groups shall be used as aids in resolving ambiguities that may arise in interpretation, except that the rules of professional conduct shall prevail when a conflict exists between these rules and any professional association standard.
What is the required response to an inquiry from the board
A psychologist/school psychologist/applicant shall provide a written response within a reasonable period of time not to exceed 60 days to any written inquiry, regarding complacent with law or rule
Definition of negligence
If a psychologist/school psychologist’s behaviors toward his/her client, supervises, employees or students, in the judgment of the board, clearly fall below the standards for acceptable practice of psychology or school psychology
Misinterpretation of qualifications
The psychologist or school psychologist shall not misrepresent directly or by implication his/her professional qualifications such as education, specialized training, experience, or areas of competence
Misrepresentation of affiliations
The psychologist/school psychologist shall not misrepresent directly or by implication his/her affiliations or the purposes or characteristics of institutions and organizations with which the psychologist is associated, including
- Use of a degree or title that is not relevant to his/her psychological training or that is issued by an educational institution not meeting accreditation standards; not misrepresenting affiliation with institutions, organizations, or individuals that he/she does not have. Responsible for correcting a client or public media who misrepresent his/her qualifications or affiliations if he/she has knowledge of it.
- Ensure that his/her name is included as the responsible psychologist/school psychologist when his/her psychological services are listed, advertised, or announced to the public in any form, including letterhead, brochures, internet websites, telephone listings, business cards, or newspaper or other media advertisements.
- Shall not include case or misleading information in public statements concerning psychological services offered
- Shall not associate with or permit his/her name to be used in connection with any services or products in such a way as to misrepresent them or the degree or nature of his/her association with them
Solicitation of business by clients
A psychologist or school psychologist shall not request or authorize any client to solicit business on behalf of them
Promotional activities
A (school) psychologist associated with the development, promotion, or sale of psychological devices, books, or other products shall ensure that such products are not misrepresented as to qualities, performance, or results to be obtained from their use.
Rules for maintenance and retention of records
- A (school) psychologist rendering professional individual services to a client, or services billed to a third-party payer, shall maintain a professional record that includes certain elements
- Each data entry in the record must be maintained for a period of not less than five years after the last date of service rendered, or not less than the length of time required by other regulations if longer. The general record or a summary thereof shall be kept for a period of not less than 12 years after the last date of service rendered.
- Written, electronic, and other records must be stored and disposed of in such a manner to ensure confidentiality. Plans to facilitate appropriate transfer and protection of confidentiality in the event of the psychologist’s withdrawal from positions of practice shall be made in advance. Licensees shall report to the board on biennial renewal the contact information of a psychologist or other appropriate person knowledgable about transfer and custody of records in the event of the licensee’s absence, emergency, or death.
- In the event of a complaint being files, a (school) psychologist shall provide the original or a full copy of the client file or other client-identifiable documents to the board upon request, provided that the request is accompanied by a copy of a release signed by the client.
Information that must be included in a professional record
- Presenting problems
- Dates and purpose (if not self-evident) of each service contact
- The fee arrangement
- Any test or other evaluative results obtained
- Test data
- A copy of any test or other evaluative reports prepared as part of the professional relationship
- Notation and results of formal contacts with other providers
- Authorizations, if any, by the client for release of records or information
Conflict of interest
When there is a conflict of interest between the client and a (school) psychologist’s employing institution, the (school) psychologist shall clarify the nature and direction of his/her loyalties and responsibilities and keep all parties concerned informed of his/her commitments
Sufficient professional information
A (school) psychologist rendering a formal professional opinion or recommendation about a person shall not do so without substantial professional client information.
Informed client
A (school) psychologist shall give a truthful, understandable, and reasonably complete account of a client’s condition to the client or to those responsible for the care of the client. The (school) psychologist shall keep the client fully informed as to the purpose and nature of any evaluation, treatment, or other procedures, and of the client’s right to freedom of choice regarding services provided.
Dependency
Due to inherently influential position, a (school) psychologist shall not exploit the trust or dependency or any client, supervisee, evaluee, or other person with whom there is a professional psychological role
Informed choice
A (school) psychologist shall accord each client informed choice, confidentiality, and reasonable protection from physical or mental harm or danger.
Media
Psychological services for the purpose of diagnosis, treatment, or personalized advice shall be provided only in the context of a professional relationship, and shall not be given by means of public lectures or demonstrations, mail, newspaper or magazine articles, radio or television programs, or similar media.
Stereotypes
A (school) psychologist shall not impose on a client any stereotypes of behavior, values, or roles related to age, gender, religion, race, disability, nationality, or sexual orientation that would interfere with the objective provision of psychological services to the client
Termination/alternatives
A (school) psychologist shall terminate a professional relationship when it is reasonably clear that the client is not benefiting from the relationship, and shall offer to help locate alternative sources of professional services or assistance if indicated
Referral
A (school) psychologist shall make an appropriate referral of a client to another professional when requested to do so by the client.
Continuity of care
A (school) psychologist shall make arrangements for another appropriate professional(s) to deal with the emergency needs of his/her clients, as appropriate, during periods of foreseeable absence from professional availability