Workshop Week 4 Flashcards
Why is confidentiality important?
- duty to preserve secrecy of info disclosed or obtained
Ethical issues:
Integrity - profession of psychology - integrity of person disclosing - their rights
Respect - for clients dignity and autonomy
Utilitarian - facilitates trust in therapeutic relationship and promotes open and effect communication
Beneficent - breaches best interests of client
Which general principle does confidentiality fall under?
A: Respect for the
rights and dignity of people and peoples
- Psychologists regard people as intrinsically valuable and respect
their rights, including the right to autonomy and justice. - Psychologists engage in conduct which promotes equity and the
protection of people’s human rights, legal rights, and moral
rights. - They respect the dignity of all people and peoples.
What does it say about confidentiality in the Code?
A.5 Confidentiality
safeguard the confidentiality of information obtained during their provision of psych services:
a. make provisions for maintaining confidentiality in the collection, recording, accessing, storage, dissemination, and disposal of information
b. take reasonable steps to protect the confidentiality of information after they leave specific work setting, or cease to provide psychological services
What does the code say about disclosure?
A.5.2
Disclose only under the following circumstances:
a. consent of client
b. legal obligation to do so
c. immediate and specified risk of harm to identified person that can be averted only by disclosing information . or
d. when consulting colleagues, or in course of supervision or professional training. as long as
i. conceals identity
ii. obtains clients consent, gives prior notice to recipients to maintain privacy, obtains undertaking from recipients that they will preserve the clients privacy
What does code say about informing client about limits to confidentiality?
A.5.3 - inform clients at OUTSET - and as regularly thereafter as is reasonably necessary of:
a. limits to confidentiality
foreseeable uses of the info
b. generated in the course of the relationship
What does the Code say about the type of info disclosed?
A.5.4 - disclose only to info necessary to achieve the purpose of the disclosure and only to people required to have info
What does the Code say about using info for a purpose other than the primary purpose it was collected?
A.5.5
only do so with:
a. consent of the client
b. if info is de-identified and used in course of duly approved research
c. when use is required and authorised by or under law
Privacy has many facets:
- an ethical obligation
- a professional duty
- legal requirement
Confidentiality and privacy are strongly endorsed in the Code but not:
defined
Whats the difference between confidentiality and privacy?
Confidentiality - based on type of relationship that exists between client and service provider
Privacy - more likely to be employed to protect certain types of information
Considerable overlap between confidentiality and privacy
What could happen if privacy was breached?
being disciplined or legal action being taken
What does the Code say about Privacy?
A. 4 Privacy
a. collecting only info relevant to service being provided.
b. not requiring supervisees or trainees to disclose personal info, unless self-disclosure if a normal expectation of a given training procedure and informed consent has been obtained from participants prior to training
How many principles does the Privacy Act have?
13
- Open and transparent management of personal information
- Anonymity and pseudonymity
- Collection of solicited personal information
- Dealing with unsolicited personal information
- Notification of the collection of personal information
- Use or disclosure of personal information
- Direct marketing
- Cross-border disclosure of personal information
- Adoption, use or disclosure of government related identifiers
- Quality of personal information
- Security of personal information
- Access to personal information
- Correction of personal information
Freedom information Act gives clients a right to their information which is consistent with:
A.6 Release of information to clients
In the Code
What are examples of mental incapability:
presentations that impact on cognitive ability and safety such as:
- intellectual impairment
- very low BMI eating disorders
- florid psychosis
- active suicidal intent
When judged to be mentally incapable can they consent?
No - consent must be provided by another appropriate agent acting in the best interests of the person
How old do you have to be to be considered an adult in Australia?
18
Common law recognises that a young person may have the capacity to consent on their own behalf. Person regarded as a “mature minor” if the young person has:
- sufficient understanding
- sufficient intelligence
to fully understand
The mature-minor principle from 1986 was confirmed in Australian common law when and by what case?
1992
Marion’s case
Is a lower age limit defined in the concept of mature minor?
No - dependent on maturity
mature-minor entitled to same confidentiality and information privacy as adults
What factors are relevant to assessing whether a young person is capable of consenting to treatment:
- age
- intelligence
- education
- health condition
- level of independence from parental care
- ability to explain the problem from which they have sought assistance
- types and risks of the proposed treatment
- alternatives available
- consequences of proposed treatment
- consequences of not having treatment
even if young person is not competent to make a decision - views should still be considered (Office of the Australian Information Commissioner)
Where is mandatory reporting regarding child abuse outlined ?
Mandatory Reporting Legislation in the ACT (Children and Young People Act 2008)
Are psychologists mandatory reporters?
Yes - can be liable for not reporting abuse
Children and Young People Act 2008 was amended 2015 to include psychologists
(Section 10 of the Children and Young People Amendment Act 2015: relevant section: (s356(2) )
When can a person be found guilty of an offence under the “mandatory reporting of abuse (s356)” ?
If person does not, as soon as practically possible after forming belief, mandatory report to the Director General:
- child or young persons name or description
- reasons for the person’s belief
Mandatory reporting - what must be reported?
*a belief, on reasonable grounds, that child or young person has experienced or is experiencing:
- sexual abuse
- non-accidental physical
injury (physical abuse)
- belief arises from info obtained by person during course of, or because of, person’s work, whether paid or unpaid.
The Psychology Board has what role regarding clinical supervision:
- recognises the important role of clinical supervision and its regulation
- provides specific guidelines for different supervised practice programs
- regulates supervisor training
What key elements does supervision have?
- Normative: e.g. case management, quality control.
- Restorative: e.g. emotional experiences, coping, recovery
- Formative: e.g. competence, capability and effectiveness
What general principles guide the supervisor relationship?
All 3 general principles
What standards guide the supervisor relationship?
A.3 - Informed consent A.4 - Privacy A.5 Confidentiality B.1.2 Competence B.2 Record keeping B.3 Professional responsibility B.6 Delegation of tasks to supervisees C. Integrity, boundaries, and conflicts of interest C.3. Multiple relationships C.4. Non-exploitation C.6. Financial arrangements.
How to ensure supervisor competence?
- supervisors only provide supervision in areas they are competent do so
- from 1 July 2013 all psychs applying to become supervisors must have done board approved training program in supervision - training must be completed every 5 years to maintain
What types of informed consent are involved in informed consent and supervision contracts:
- informed consent to the psychological service provided by supervisee
- client informed consent about supervision arrangements and procedures - such as recording sessions and sharing confidential information to supervisor
- trainee/supervisee informed consent with respect to supervision or the supervision contract
What ethical issues should be considered regarding the supervisor relationship and
Confidentiality and privacy?
- supervisees must ensure clients confidentiality and obtain consent to divulge confidential info to supervisor
- supervisee protected by A.4 - undue invasion of privacy and are not required to disclose personal information to supervisor
- supervisors have professional responsibikity to PsyBA or uni training program - mandated to notify PsyBA if concerned about supervisees conducts, professional skills or health posing a significant risk to public
Do supervisees get evlauated?
Yes - Supervisees undergo an evaluation process, with the supervisor providing timely feedback on their
performance (direct observation, recordings, regular reviews)
Are sexual relationships with a supervisor allowed?
NO
