Professional Issues Flashcards
What are the four conditions for a client to succeed in a malpractice claim against a psychologist?
- Professional relationship established
- Dereliction or breach of duty
- Client suffered injury or harm
- Breach was direct or proximate cause of harm
According to Gable (1983), these conditions must be met for a malpractice claim to be valid.
What must be true for a client to obtain monetary compensation in a malpractice claim?
The harm or injury must be measurable in economic terms.
This is a critical aspect for claims regarding psychological malpractice.
What is the first step in responding to a subpoena according to APA’s Committee on Legal Issues?
Determine if the subpoena is legally valid.
Subpoenas may be invalid if improperly served.
If a subpoena is valid, what is the next step after determining its validity?
A formal response is required, and the psychologist should contact the client to discuss implications.
This ensures the client’s interests are considered before proceeding.
What should a psychologist do if the client does not authorize the release of information requested by a subpoena?
Contact the party who issued the subpoena to negotiate.
This may involve seeking a withdrawal or limitation of the request.
What is the definition of insanity in a legal context?
A defendant is considered ‘not guilty by reason of insanity’ if they failed to appreciate certain actions were wrong due to a mental disease or defect.
Definitions may vary by jurisdiction, and this is a key element in criminal cases.
What percentage of criminal cases in the U.S. utilize the insanity defense?
1%.
Among those, it is successful about 25% of the time (Bartol & Bartol, 2019).
What does competency to stand trial refer to?
A defendant’s current mental status and ability to understand the charges and cooperate with their attorneys.
This is a critical factor in criminal legal proceedings.
What methods are commonly used to evaluate competency to stand trial?
- Clinical interview
- Mental status exam
- Psychological tests (e.g., MMPI-2, WAIS-IV)
- Review of collateral information
- Competency specific tests
These methods help assess the defendant’s understanding and cooperation.
In civil proceedings, what do evaluations of civil competencies generally focus on?
An individual’s ability to understand relevant information for making everyday decisions.
This includes making a will, entering contracts, and making medical decisions.
What is the difference between a fact witness and an expert witness?
Fact witnesses testify on what they observed, while expert witnesses offer opinions based on specialized knowledge.
Fact witnesses cannot provide opinions or address hypothetical situations.
What are the limitations of a fact witness in legal proceedings?
They cannot offer opinions, address issues outside personal knowledge, or respond to hypotheticals.
Fact witnesses must also have client authorization or a court order to disclose confidential information.
What qualifications must a psychologist meet to be considered an expert witness?
They must possess superior knowledge due to education or specialized experience.
This allows them to provide informed opinions on complex subjects.
True or False: An expert witness can only testify about events they personally observed.
False.
Expert witnesses can provide opinions on hypothetical situations.
What is the primary function of a psychological autopsy?
To clarify deaths that were equivocal with regard to the manner of death
Coined by Shneidman in 1994.
What are the two types of psychological autopsy distinguished by La Fon in 1999?
- Equivocal death psychological autopsy (EDPA)
- Suicide psychological autopsy (SPA)
What does Equivocal Death Psychological Autopsy (EDPA) aim to determine?
The manner of a person’s death as suicide, accident, homicide, natural cause, or undetermined.
What is the purpose of a Suicide Psychological Autopsy (SPA)?
To identify the psychosocial factors that contributed to a person’s suicide.
List some forensic purposes of conducting an SPA.
- Resolving questions related to insurance claims
- Contested wills
- Malpractice claims
- Worker’s compensation
- Other legal issues
What research benefits do SPAs provide?
They help identify suicide risk factors and methods of prevention.
How do SPAs assist family members of the deceased?
They provide information that helps understand the deceased’s state of mind and facilitates the grieving process.
Who typically conducts psychological autopsies?
Psychologists, psychiatrists, and other mental health professionals trained in forensic psychology or death investigation.
What types of information are collected during a psychological autopsy?
- Crime scene information
- Medical and police records
- Records left by the deceased
- Interviews with family, friends, and co-workers
What are the primary criticisms of psychological autopsy?
- Lack of standardized procedures
- Limited empirical evidence for reliability and validity
- Potential for incomplete, inconsistent, or biased information
True or False: A psychological autopsy is widely accepted as expert testimony in criminal cases.
False
What is a key tool for identifying risk factors associated with suicide?
Psychological autopsy
Despite its limitations, it remains important for this purpose.
What does ‘gender’ refer to according to the APA guidelines?
Social identity (e.g., cisgender, transgender, gender non-conforming).
Fill in the blank: Use _______ as singular pronouns when gender is irrelevant to the context.
they, them, their
What term should be used instead of ‘homosexual’ or ‘homosexuality’?
Specific, identity-first terms (e.g., lesbian women, bisexual people).
For individuals aged 12 years and younger, what terms should be used?
- Child
- Boy
- Girl
What is the recommended term for individuals aged 65 and older?
Older adult
What language should be avoided when referring to individuals with disabilities?
Negative and condescending language
What is person-first language?
Language that emphasizes the individual first, such as ‘person in a wheelchair’ or ‘adolescent with autism spectrum disorder.’
According to APA guidelines, how should racial and ethnic groups be treated in writing?
Capitalize their names (e.g., Blacks, Whites, African Americans).
What is the appropriate term for people of African origin?
- African American
- Black
- Specify region or nation of origin (e.g., Nigerian, Haitian)
What terms should be used for people of Asian ancestry?
- Asian (from Asia)
- Asian American or Asian Canadian (from the U.S. or Canada)
- Specify region or nation of origin (e.g., Japanese)
What should be the preferred term for individuals identifying as Hispanic?
The term preferred by the individual or population (e.g., Latinx).
What terms should be used for indigenous people?
The names they call themselves (e.g., Native American, Hawaiian Native).
What is the preferred terminology for people of Middle East or North African origin?
Middle Eastern and North African (MENA) or specify the nation of origin.
What has become a source of stress for many psychologists?
Unfavorable online reviews on websites like Yelp
What does Chamberlin (2014) note regarding negative online reviews?
It’s often not possible to get negative reviews deleted unless they violate terms of service
What is likely to violate ethical responsibilities when responding to negative reviews?
Responding directly to negative reviews on a website
What does HIPAA’s privacy rule relate to in the context of online reviews?
It relates to the confidentiality of patient information
What does Chamberlin (2014) recommend to reduce the effects of negative reviews?
Establishing a positive online presence
What are examples of establishing a positive online presence?
Posting patient-satisfaction ratings or positive evaluations from colleagues and supervisors
What might several negative reviews suggest about a psychologist?
That consultation may be useful to determine if changes are needed in practice
What is telepsychology also known as?
Teletherapy and telehealth
How does the APA define telepsychology?
Provision of psychological services using telecommunication technologies
What are examples of telecommunication technologies used in telepsychology?
- Telephone
- Mobile devices
- Interactive videoconferencing
- Chat
- Text
- Internet
What does interjurisdictional practice refer to?
Providing telepsychology services across jurisdictions
What must psychologists determine before providing telepsychology services across jurisdictions?
The legal requirements for telepsychology in the jurisdictions where they and the client are located
What varies in jurisdictions that are not part of PSYPACT?
Laws governing interjurisdictional practice
What laws must psychologists be familiar with when providing telepsychology?
- Child and elder abuse reporting
- Duty to warn or protect
- Civil commitment
What should telepsychology practitioners do regarding advertising their services?
Advertise only to individuals they are legally authorized to provide services to
What is PSYPACT?
The ASPPB’s Psychology Interjurisdictional Compact
What does PSYPACT allow psychologists to do?
Provide professional services to clients in other compact states without being licensed in those states
What must psychologists obtain to practice telepsychology in compact states?
An E.Passport from the ASPPB and an Authority to Practice Interjurisdictional Telepsychology (APIT)
What is the limit on providing face-to-face services under PSYPACT?
Up to 30 days per calendar year
What does accreditation refer to?
The process of formal evaluation of an educational program against defined standards
What are the three types of accreditation in the United States?
- National
- Regional
- Specialized
What is specialized accreditation also known as?
Program accreditation
What does the APA Commission on Accreditation (APA-CoA) primarily accredit?
- Doctoral programs in clinical psychology
- Doctoral internships
- Postdoctoral residencies
What is the primary purpose of APA accreditation?
To assure the public that a program meets professional and scientific standards
What does accreditation aim to protect?
The interests of students and benefit the public
What are the Journal Article Reporting Standards (JARS)?
Guidelines developed by the APA for reporting quantitative, qualitative, and mixed methods research
JARS were influenced by the CONSORT standards for randomized control trials.
What types of research are covered by JARS?
- Quantitative research
- Qualitative research
- Mixed methods research
- Experimental and nonexperimental research
- Replication studies
- Structural equation modeling studies
- Meta-analyses
What information should be included in a meta-analysis abstract according to JARS?
- Study objectives
- Eligibility criteria for inclusion
- Statistical methods used
- Results (primary outcomes, effect sizes, confidence intervals)
- Conclusions
What are the primary professional/ethical guidelines for clinical supervision?
Guidelines provided by ASPPB, APA, and CPA
These guidelines aim to ensure accountability and protect the welfare of clients.
What are the paramount goals of supervision according to the ASPPB’s guidelines?
- Protection of the public
- Accountability to the public
- Protection of the supervisee
- Professional development of the supervisee
- Readiness assessment for autonomous practice
What are the ethical competencies essential for supervisors?
Values and skills for delegating clients, monitoring supervisee’s clients, and professional development
Supervisors must provide constructive criticism based on their observations.
What must supervisors inform supervisees about regarding confidentiality?
Limits of confidentiality and the supervisee’s clients must be informed of the supervisee’s trainee status
What is a primary supervisor?
A psychologist licensed at the doctoral level with ultimate responsibility for supervisee services
The primary supervisor ensures quality of supervised experiences.
What is a delegated supervisor?
A licensed health practitioner to whom the primary supervisor delegates certain supervisory responsibilities
How long must supervision records be maintained according to ASPPB guidelines?
Until the supervisee obtains a license or for at least 7 years after supervision terminates, whichever is greater
What is the maximum percentage of supervision that can be conducted via telepsychology?
No more than 50% of a supervisee’s supervision
What does the APA’s (2014) Guidelines for Clinical Supervision in Health Service Psychology emphasize?
Competency-based supervision that informs learning strategies and evaluation procedures
What are the seven domains addressed in the APA’s guidelines?
- Supervisor competence
- Diversity
- Supervisory relationship
- Professionalism
- Assessment/evaluation/feedback
- Problems of professional competence
- Ethical, legal, and regulatory considerations
What are the four principles outlined in the CPA’s Ethical Guidelines for Supervision?
- Respect for the dignity of persons
- Responsible caring
- Integrity in relationships
- Responsibility to society
What are the three categories of clinical supervision models?
- Psychotherapy-based
- Developmental
- Process-based
What is the focus of person-centered supervision?
The relationship between supervisor and supervisee, emphasizing empathy and unconditional positive regard
What does cognitive-behavioral supervision include?
- Check-in
- Building a bridge to the last session
- Setting and working through an agenda
- Summarizing
- Assigning homework
- Getting feedback
What assumption do developmental supervision models make about supervisees?
Supervisees progress through stages as they develop their clinical skills and require different supervisory responses
What are the three levels of supervisee development in the integrated developmental model?
- Level 1: Self-focused, high motivation, dependent
- Level 2: Client-focused, fluctuating motivation, some independence
- Level 3: Client-focused, consistent motivation, independent
What does Bernard’s discrimination model distinguish between?
- Focus areas: intervention skills, conceptualization skills, personalization skills
- Supervisor roles: educator, counselor, consultant
What is an example of an intervention skills problem in supervision?
A supervisee wanting to use exposure therapy but lacking the necessary skills, requiring the supervisor to take on the educator role
What is the focus of process-based supervision models?
Descriptions of component roles, tasks, and processes within supervision
