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EPPP 2
Ethics and Professional Issues
| Question | Answer |
|---|---|
| When are we required to provide informed consent? | As early as is feasible. |
| Tarasoff Decision | Establish the duty to warn or protected clients intended victim |
| Privilege | Refers to a clients confidentiality rights in the context of a legal proceeding |
| When you believe a fellow psychologist or colleague has acted unethically you... | Attempt to resolve w/ the colleague if it seems appropriate to do so will not violate any confidentiality rights of the client, which includes the rights of your client as well as the clients of the violating psychologist |
| If resolving an unethical practice by a colleague directly is not appropriate you should | bring the matter to the ethics committee or licensing board |
| What are ethical violations that warrant report to licensing board? | Sexual misconduct, insurance fraud, and plagiarism |
| If a colleague is acting unethically, you would not take any action that... | violates the confidentiality rights of a client. |
| As described in the preamble the primary goal of the ethics code is | Ensuring the welfare and protection of the individuals and groups with whom psychologists work |
| Although APA is able to enforce adherence to the ethics code for APA members only violation of its provisions may result in action by the | State licensing board, Court or other authority |
| The introduction states that the ethics code applies only to activities that are | Relevant to a psychologist's professional roles but also states that APA may take action against a member after his or her conviction of a felony |
| The introduction also states that when there is a conflict between ethical and legal requirements | Psychologists must resolve it in a way that is in keeping with the basic principles of human rights |
| General principle be states that psychologists strive to contribute a portion of the professional time for little or no compensation or personal advantage which implies that | Providing pro bono services is recommended by the code |
| If psychologists learn of misuse or misrepresentation of their work they | Take reasonable steps to correct or minimize the misuse or misrepresentation |
| Psychologists cooperate in ethics investigations proceedings and resulting requirements of the APA. Failure to cooperate is | Itself an ethical violation. |
| Services provided in emergencies when the clinician has not obtained the necessary training should be discontinued when? | As soon as the emergency has ended or appropriate services are available |
| Psychologists to delegate work to employees supervisees or research or teaching assistants must take reasonable steps to | Avoid delegating to persons who have a multiple relationship with those being served, authorize responsibilities that can be performed competently, and see that such persons perform the services competently |
| Psychologists should refrain from initiating an activity when they know or should know that | There is a substantial likelihood that their personal problems will prevent them from performing their work related activities in a competent matter |
| When psychologists become aware of personal problems that may interfere with their performing work-related duties adequately they | Take appropriate measures, such as obtaining professional consultation, and determine whether they should limit suspend or terminate their work-related duties |
| Vicarious liability | Under certain circumstances supervisors and employers may be legally responsible for the actions of their supervisees and employees |
| 3.01 unfair discrimination | Psychologists do not engage in unfair discrimination based on all categories |
| 3.02 sexual harassment | Includes sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, that occurs in connection with the psychologist activities or roles as a psychologist. Can be one event or a series of events |
| 3.03 other harassment | Do not engage in behavior that is harassing or demeaning to persons with whom they interact in their work based on age gender and so on |
| 3.04 avoiding harm | Reasonable steps to avoid harm and minimize harm where it is foreseeable and unavoidable |
| 3.05 multiple relationships | Avoid multiple relationships when it is expected to impair objectivity, competence, or effectiveness in performing functions as a psychologist or otherwise risks exploitation or harm |
| 3.06 conflict of interest | Psychologists refrain from taking on a professional role when a personal scientific professional legal financial or other interests or relationships could be expected to impair objectivity competence or effectiveness |
| 3.07 third-party requests for services | When services are provided at the request of the third-party psychologists attempt to clarify at the outset the nature of the relationship with all involved includ:role,id of client,use of services provided or info obtained,& limits to confidentiality |
| 3.08 exploitative relationships | Don't exploit |
| 3.09 cooperation with other professionals | When indicated and professionally appropriate psychologists cooperate with other professionals in order to serve their clients effectively and appropriately |
| 3.10 informed consent part one | As early as is feasible |
| 4.02 discussing the limits of confidentiality | Discuss with persons and organizations with whom they have a scientific or professional relationship the limits and foreseeable uses of their information |
| 4.03 Recording | Permission for recording must be obtained before recording commences |
| 4.04 minimizing intrusions on privacy | In all consultations only information germane to the purpose for which the communication is made |
| 4.05 disclosures | Psychologist may disclose confidential information with consent unless prohibited by law |
| 4.06 consultations | When consulting do not disclose confidential information that could reasonably identify, and only disclose what is necessary for the consultation |
| 4.07 use of confidential information for didactic or other purposes | Psychologists to not disclose in their writings or any other materials unless they take steps to the skies identity, the person has consented in writing, or there's legal authorization. |
| Confidentiality | The obligation to protect clients from disclosure of information revealed in a professional relationship. Both unethical principle and in some situations a legal requirement. |
| Define privacy | The freedom of individuals to choose for themselves the time and the circumstances under which and the extent to which their beliefs behaviors and opinions are shared with or withheld from others. |
| Define confidential in the context of the therapeutic relationship | Once private information has been disclosed to a therapist with an expectation that such information will not ordinarily be disclosed to third parties |
| What is privilege | A legal concept that protects the clients confidentiality in the context of legal proceedings. |
| Psychotherapist patient privilege | Recognize that the federal level in 1996 by the US Supreme Court decision in Jaffe versus Redmond |
| Who is considered "holder of privilege" | The client is ordinarily the holder of privilege but a psychologist can assert the privilege on behalf of his or her client and numerous exceptions to privilege are legally defined |
| Name 4 exceptions to privilege that are legally defined | Waivers, mandatory reporting, danger to self or others, legal/regulatory actions |
| In the context of exceptions to privilege what is a waiver? | The client authorizes the release of information |
| In the context of exceptions to privilege what is mandatory reporting? | The therapist knows or suspects the client is involved in child older or dependent adult abuse |
| In the context of exceptions to privilege what is danger to self or others? | The therapist believes the client is a danger to himself or others |
| In the context of exceptions to privilege what is legal/regulatory actions? | The client is suing the therapist for malpractice; has filed a complaint against a psychologist with the ethics committee or licensing board; is a party in a custody dispute; or is the subject of a court ordered evaluation. |
| When can a psychologist disclose confidential information without a client's consent? | When to do so is mandated by law or permitted by law for a valid purpose. In other words legal exceptions to privilege and other legal mandates for the release of confidential information ordinarily take precedence over ethical obligations. |
| When are psychologists required to discuss the limits of confidentiality? | When feasible at the outset of the relationship and thereafter as new circumstances may warrant. |
| Limits of confidentiality with group therapy | Must discuss how confidentiality is managed when the therapist sees group members in individual therapy and must discuss any legal limits on confidentiality. |
| Three recommendations for group therapists in the context of limits of confidentiality | Discuss need for confidentiality in prescreening interviews & initial therapy sessions and throughout group, encourage members to confront others about possible violations, remind group members to continue to maintain confidentiality when group ends. |
| Limits of confidentiality with family and couple therapy | This is a complex issue and is not directly addressed by the ethics code. Corey, Corey, and Callahan suggest information disclosed in private "will be divulged as psychologists sees fit in accordance with the greatest benefit for the couple/family". |
| Limits of confidentiality with minors | With minor client parent/legal guardian are ordinarily holders of privilege and have a right to all information disclosed during the course of therapy. Good practice to discuss at outset what information will & will not be disclosed. Not legally binding. |
| Limits of confidentiality with deceased clients | Not explicitly covered by the ethics code, some jurisdictions have laws that apply. In such case records cannot be released without permission from the executor or administrator of the client's estate. |
| Limits of confidentiality with services delivered or stored electronically | Psychologist must inform clients of the possible limits on privacy and confidentiality when services are delivered electronically, when psychologists store information in databases they must use coding or other techniques to restrict access to the info. |
| Limits of confidentiality with services provided by military psychologists to military personnel | Military psychologists must maintain confidentiality while adhering to Department of Defense rules. Must inform client at the outset of treatment the limits of confidentiality. Must discuss concerns related to who the client is in the situation. |
| Acceptable breaches of confidentiality: the client is a danger to him/herself | If psychologist believes client is at high risk for suicide he must take action to protect the client safety. If possible disclose to the client his intended action & disclose only information relevant 2 the situation. |
| Acceptable breaches of confidentiality: the client is a danger to another person | The duty to warn/protect applies only when the client poses a clear and imminent danger to an identifiable victim or victims and in some jurisdictions and identifiable class of victims. |
| Acceptable breaches of confidentiality: the client is the perpetrator or victim of child abuse | All jurisdictions 1. Require psychologist to make a report to an appropriate authority whenever they know or suspect the child abuse has occurred and 2. Grant reporters immunity from civil or criminal liability when a report has been made in good faith. |
| Confidentiality and consultations | Standard 3.09 and 4.06 requires psychologists to cooperate with other professionals in order to best serve their clients |
| Use of confidential information for didactic and other purposes | Standard 4.07 prohibits psychs from using confidential information about their clients or any other individual unless they have taken "reasonable steps" to remove identifiable information, have written consent, or are legally authorized. |
| 5.01 avoidance of false or deceptive statements | Do not make false, deceptive, or fraudulent statements concerning training, academic degrees, credentials, institutional affiliations, their services, scientific or clinical basis, fees, publications. |
| Psychologists claim degrees as credentials for their health services only if those degrees… | Weren't from a regionally accredited educational institution or were the basis for psychology licensure by the state in which they practice |
| Public statements include but are not limited to… | Paid or unpaid advertising, product endorsements, grant applications, licensing applications, or other credentialing applications, brochures printed material, directory listings, comments for media, legal proceedings,oral presentations, publish materials. |
| 5.02 statements by others | Psychologists engage others to create or place public statements retain professional responsibility, do not compensate employees of press in return for publicity, a paid advertisement must be easily identified as such. |
| 5.03 descriptions of workshops and nondegree granting educational programs | Psychologists responsible for announcements catalogs brochures or advertisements describing workshops ensure that they accurately describe the audience for which the program is intended, the educational objectives, the presenters, and the fees involved |
| 5.04 media presentations | Public statements made by psychologists must be based on professional knowledge and appropriate cyclical literature are consistent with the ethics code and do not indicate that a professional relationship has been established with the recipient |
| 5.05 testimonials | Psychologists do not solicit testimonials from current therapy clients/patients or other persons who because of their particular circumstances are vulnerable to undue influence |
| 5.06 in person solicitation | Psychologist to not engage in uninvited in person solicitation of business from actual or potential therapy clients because of their particular circumstances are vulnerable to undue influence. Does not apply to disaster or community outreach service |
| 6.01 documentation of professional and scientific work and maintenance of records | Psychologists must facilitate provision of services later, allow for replication of research design, meet institutional requirements, ensure accuracy of billing and payments, and ensure compliance with law |
| 6.02 maintenance dissemination and disposal of confidential records of professional and scientific work | Psychologist make plans in advance to facilitate the appropriate transfer and to protect the confidentiality of records and data in the event of the psychologist withdrawal from positions or practice |
| 6.03 withholding records for nonpayment | Psychologists may not withhold records under their control that are requested and needed for clients emergency treatment solely because payment has not been received |
| 6.04 fees and financial arrangements | Compensation & billing arrangements must be agreed as early as is feasible,fee practices are consistent with law,do not misrepresent fees, termination of service due to funds must be discussed, collection agencies are legal measures must be discussed |
| 6.05 barter with clients | Psychologist may barter only if it is not clinically contraindicated and the resulting arrangement is not exploitative |
| 6.06 accuracy in reports to payers and funding sources | Psychologist take reasonable steps to ensure the accuracy of reporting to payers for services or sources of research funding |
| 6.07 referrals and fees | When psychologists pay, received payment, or divide fees with another professional other than in an employer – employee relationship, the payment to each is based on the services provided and not based on the referral itself. |
| What information is recommended by APA's recordkeeping guidelines for each substantially of contact with the client? | The client record should include the date and duration of the session the type of service provided the nature of the intervention or contact and a summary of the client status |
| Client access to records | Not covered byethics code, is addressed by federal, state, laws & institutional regulations.physical records to the practitioner but clients have the right to inspect.Some laws allow an exception if it would have impact on the client to see the records |
| What is included under Protected health information or PHI? | Information used by healthcare professionals that relates to the patient's healthcare That could be used to identify the patient, and that has been transmitted or maintained in any form or medium |
| Ethics of sliding fee scales | Not addressed, generally considered acceptable. "The actual fee charged for services rendered is not as important from an ethical standpoint and the manner in which it is set, communicated, managed, and collected" |
| 7.01 design of education and training programs | Psychologist responsible for training ensure programs provide appropriate knowledge and experience and meet requirements for licensure certification or other goals for which claims are made by the program |
| 7.02 descriptions of education and training programs | Psychologist must ensure that there is a current and accurate description of the program content and that it is readily available to all interested parties |
| 7.03 accuracy in teaching | Psychologist must ensure that course syllabi are accurate regarding the subject matter, bases for evaluating progress, and the nature of the course experiences. Modifications are allowed as long as students are made aware of modifications |
| 7.04 student disclosure of personal information | Psychologist and not require students were supervisees to disclose personal information regarding sexual history, abuse/neglect, psychological treatment and relationships. |
| Exceptions to 7.04 student disclosure of personal information | The program clearly identified the requirement at admission or information needed to evaluate for student whose personal problems could prevent them from performing professionally related activities in a competent manner |
| 7.05 mandatory individual or group therapy | When required students must have the option to select a practitioner unaffiliated with the program and faculty likely responsible for evaluating students do not provide therapy |
| 7.06 assessing student and supervisee performance | Psychologists establish a timely and specific process for providing feedback to students and supervisees info regarding the process is provided to the student at the beginning of supervision |
| 7.07 sexual relationships with students and supervisees | Psychologists do not engage in sexual relationships with students/supervisees who are in their department, agency, or training center or over whom psychologists have or are likely to have evaluative authority |
| 8.01 institutional approval | When required psychologists provide accurate information about their research and obtain approval prior to conducting the research. The conduct the research in accordance with the approved protocol |
| 8.02 informed consent to research | Psychologists informed the purpose of the research, duration procedures. Right to decline or withdraw. Consequence for declining or withdrawing.Risks, discomfort, or adverse effects. Benefits. Limits of confidentiality. Incentives. time 4 questions. |
| 8.03 informed consent for recording voices and images in research | Consents prior to recording except for naturalistic observation and when research design includes deception and consent is obtained during debriefing. |
| 8.04 client/patient, students, and subordinate research participants | Psychologist take steps to protect the prospective participants from adverse consequences of declining or withdrawing. When research participation is a course requirement there is an equitable alternative activity |
| 8.05 dispensing with informed consent for research | where research would not reasonably be assumed to create distress or harm. Study of educational practices in educational settings, anonymous questionnaires, naturalistic observations, or in organizational settings where there is no risk to participants |
| 8.07 deception in research | No deception unless justified by studies significant perspective value and effective alternative not feasible. No deception when expected to cause physical pain or severe emotional distress. Disclose deception at the briefing and allow withdrawal of data. |
| 8.08 debriefing | Provide a prompt opportunity for participants to obtain appropriate information about the research and correct any misconceptions. When psychologists become aware of harm to participant they take steps to minimize harm |
| 8.09a humane care and use of animals in research | Psychologists acquire, care for, use, and dispose of animals in compliance with current federal, state, and local laws and regulations, and with professional standards |
| 8.09b Humane care and use of animals in research | psychologists trained in research methods and experience in the care of laboratory animals supervise all procedures involving animals and are responsible for ensuring appropriate consideration for their comfort health and humane treatment |
| 8.09c humane care and use of animals in research | Psychologists ensure that all individuals under their supervision using animals have received instruction in the care maintenance and handling of the species, to the extent appropriate to their role. |
| 8.0 9D humane care and use of animals in research | Psychologists make reasonable efforts to minimize the discomfort, infection, illness, and pain of animal subjects. |
| 8.0 9E Humane care and use of animals in research | |
| 8.0 9F humane care and use of animals in research | Psychologists perform surgical procedures under appropriate anesthesia and follow techniques to avoid infection and minimize pain during and after surgery |
| 8.0 9G humane care and use of animals in research | When it is appropriate that an animal's life be terminated, psychologists proceed rapidly, with an effort to minimize pain and in accordance with accepted procedures. |
| 8.10 reporting research results | Psychologists do not fabricate data. If psychologist discover significant errors in published data they take steps to correct errors |
| 8.11 plagiarism | Psychologist do not present portions of another's work or data as their own even if the work or data source is cited occasionally |
| 8.12A publication credit | Psychologist take responsibility and credit, including authorship credit, only for work they have actually performed or to which they have substantially contributed. |
| 8.12B publication credit | Principal authorship and other publication credits accurately reflect the relative scientific or professional contributions of the individuals involved regardless of their relative status |
| 8.1 2C publication credit | Except under exceptional circumstances, a student is listed as principal author on any multiple authored article that is substantially based on the student's doctoral dissertation |
| 8.13 Duplicate publication of data | Psychologists do not publish, as original data, data that have been previously published. This does not preclude republishing data when they are accompanied by proper acknowledgment |
| 8.14 sharing research data for verification | After research results are published, psychologists do not withhold the data on which their conclusions are based from other competent professionals who seek to verify the substantial claims through reanalysis |
| 8.15 reviewers | Psychologists to review material submitted for presentation, publication, grant, or research proposal review respect the confidentiality of the propriety rights in such information of those who submitted it |
| 9.01a bases for assessments | Psychologists based the opinions contained in their recommendations, reports, and diagnostic or evaluative statements, including forensic testimony, on information and techniques sufficient to substantiate their findings. |
| 9.0 1B bases for assessments | Except 9.0 1C, psychologists provide opinions of the psychological characteristics of individuals only after they have conducted an examination of the individuals adequate to support their statements or conclusions. |
| 9.0 1C Bases for assessments | when psychologists conduct a record review or provide consultation or supervision and an individual examination is not warranted or necessary for the opinion, psychologists explain this in the sources of information on which they based their conclusions |
| 9.02 a use of assessments | Psychologists conduct assessments in a manner and for purposes that are appropriate in light of the research on or evidence of the usefulness and proper application of the techniques |
| 9.0 2B use of assessments | Psychologists use assessment tools whose validity and reliability have been established for use with members of the population tested. When not established, described the strengths and limitations of test results and interpretation |
| 9.0 2C use of assessments | Psychologists use assessment methods that are appropriate to an individual's language preference and competence, unless the use of an alternative language is relevant to the assessment issues |
| 9.03 informed consent in assessments | Psychologists obtain informed consent for assessments, evaluations, or diagnostic services, as described in standard 3.10 |
| Exceptions to 9.03 informed consent in assessments | Testing is mandated by law or government regulations; informed consent implied because testing is conducted as an educational activity; one purpose of the testing is to evaluate decisional capacity |
| Assessments with an interpreter | Psychologist using an interpreter obtain informed consent from the client, ensure that confidentiality of test results and test security are maintained, and included the recommendations a discussion of any limitations on the data obtained |
| 9.04 release of test data | Test data refers to raw and scaled scores client responses to test questions and psychologist notes and recordings. Release of such data requires written consent. In absence of release psychologists provide test data only as required by law |
| 9.05 test construction | Psychologist to develop tests and other assessment techniques use appropriate psychometric procedures and current scientific or professional knowledge for test design standardization, validation, reduction or elimination of bias, & recommendations for use |
| 9.06 interpreting assessment results | When interpreting assessment results take into account the purpose of the assessment as well as various test factors, other characteristics of the person assessed that might affect psychologists judgments or reduce accuracy of interpretation |
| 9.07 assessment by unqualified persons | Psychologists are not promote the use of psychological assessment techniques by unqualified persons, except when such uses conducted for training purposes with appropriate supervision. |
| 9.08 obsolete tests and outdated test results | Don't use them |
| 9.09 test scoring and interpretation services | Do this ethically, and retain responsibility for the appropriate application, interpretation, and use of assessment instruments, whether they score and interpret such test themselves or use automated or other services |
| 9.10 explaining assessment results | Psychologists take reasonable steps to ensure that explanations of results are given to the individual or designated representative unless the nature of the relationship precludes provision of an explanation of results |
| 9.11 maintaining test security | Psychologists make reasonable efforts to maintain the integrity and security of test materials and other assessment techniques consistent with law and contractual obligations, and in a manner that permits adherence to this ethics code. |
| 10.01 informed consent to therapy | Must include nature and anticipated course of therapy, fees, involvement of third parties, and limits of confidentiality and provide sufficient opportunity for questions and answers. |
| When obtaining informed consent for treatment for which generally recognized techniques and procedures have not been established… | Psychologists inform their clients of the developing nature of the treatment, the potential risks involved, alternative treatments that may be available, and the voluntary nature of their participation |
| When the therapist is the trainee in the legal responsibility for the treatment provided resides with the supervisor the client is informed that… | The therapist is in training and is being supervised and is given the name of the supervisor |
| 10.02 therapy involving couples or families | Clarify who is clients, the relationship with each. Include psychologist role in the uses of services or information obtained. take steps to clarify and modify or withdraw from roles appropriately when called on to perform potentially conflicting roles |
| 10.03 group therapy | When psychologists provide services to several persons in a group setting, they described at the outset the roles and responsibilities of all parties and the limits of confidentiality. |
| 10.04 providing therapy to those served by others | In deciding whether to offer or provide services to those already receiving mental health services elsewhere psychologists carefully consider the treatment issues and the potential clients welfare. Discussed with client |
| 10.05 sexual intimacies with current therapy clients | Psychologists do not engage in sexual intimacies with current therapy clients |
| 10.06 sexual intimacies with relatives or significant others of current therapy clients | Psychologists do not engage in sexual intimacies of individuals they know to be close relatives guardians or significant others of current clients psychologists do not terminate therapy to circumvent the standard |
| 10.07 therapy with former sexual partners | Psychologists do not accept as therapy clients persons with whom they have engaged in sexual intimacies |
| 10.08 sexual intimacies with former therapy clients | Psychologist to not engage in sexual intimacies of former clients for at least two years after cessation or termination of therapy and then only in the most unusual circumstances |
| Seven factors To consider when considering sexual intimacies with former therapy clients | Two years; nature, duration, and intensity of therapy; circum of termination; personal history; current mental status; adverse impact; any statements or actions made by the therapist during the course of therapy suggesting a posttermination relationship |
| 10.09 interruption of therapy | Psychologists make reasonable efforts to provide for orderly an appropriate resolution of responsibility for client care in the event that the appointment or contractual relationship ends. Paramount consideration to welfare of client |
| 10.10 terminating therapy | Terminate when service no longer needed, no longer benefits, or being harmed. Terminate when being threatened or endangered, prior to termination provide referrals |
| APA guidelines: providers of psychological services | Includes professional psychologists and other persons who provide psychological services. Qualification and supervision for these persons are commensurate with their responsibilities |
| APA guidelines: psychological services | Includes evaluation, diagnosis and assessment interventions preventive and ameliorative. Consultation relating to above. Program development related to all of the above. Administration and supervision. Evaluation of all psychological services. |
| APA guidelines: psychological service unit | Provides psychological services and is composed 1+ psychologists and supporting staff. May be a component of a larger institution. Maybe one or more psychologists providing services in a multidisciplinary setting. Private practice or consulting firm |
| APA guidelines: users | Direct users are recipients of psychological services. Public and private institutions, facilities, or organizations receiving psychological services. |
| APA guidelines: sanctioners | Direct users are recipients of psychological services. Public and private institutions receiving psychological services. Any other individual group organization institution or governing body having interaction with a psychologist in professional capacity |
| APA guidelines one: providers | Psych service unit has at least 1 psychologist and as many as needed. Prov. are supervised by a prof psych. maintain current knowledge of pract. Limit practice professional competence.addition of specialty same requirements that apply to doctoral training |
| General guideline 2: programs: composition and organization of psychological service unit | The composition and programs of psychological service unit strives to be responsive to the needs of the persons or settings served |
| General guideline 2: programs: policies | A written description of services, roles. Providers avoid violating the legal and civil rights of users. Conform to relevant statutes established by federal state and local governments. |
| General guideline 2: programs: procedures | Procedural guidelines. Clarify fee structure and financial arrangement. Records maintained. Policy for retention and disposition of records. System to protect confidentiality. Do not use privileged information for competitive advantage or personal gain |
| General guideline 3: accountability | Human welfare is primary principle. May wish to provide some services for little or no financial return |
| Specialty guidelines for forensic psychologists: purpose and scope | Forensic psychology means all forms of professional conduct when acting with definable knowledge as a psychological expert on explicitly psycho legal issues. |
| Specialty guidelines for forensic psychologists: relationships | Forensic psychologists do not provide professional services to parties to a legal proceeding on the basis of contingencies when those services involve the offering of expert testimony. |
| Specialty guidelines for forensic psychologists:Dual relationships | When necessary to provide both evaluation and treatment take reasonable steps to minimize potential negative effects on the rights of the party, confidentiality and the process of treatment and evaluation |
| Specialty guidelines for forensic psychologists informed consent | Unless court ordered must obtain informed consent. If client unwilling postpone assessment in contact attorney. If client doesn't have capacity 2 consent & legal rep objects contact court. May not use evaluation for other purpose without explicit waiver |
| Specialty guidelines for forensic psychologists confidentiality and privilege | Forensic psychologists have an obligation to be aware of the legal standard that may affect or limit the confidentiality or privilege that may attach to their services or their products |
| Specialty guidelines for forensic psychologists: methods and procedures: documentation | Forensic psychologists incur a special responsibility to provide the best documentation possible under the circumstances |
| Specialty guidelines for forensic psychologists: methods and procedures: initiation of services | Services must be initiated by counsel. When client is representing himself the psychologist makes efforts to inform the court prior to providing services |
| Specialty guidelines for forensic psychologists: methods and procedures: evidence | Forensic psychologists avoid offering information from their investigations that do not bear directly upon the legal purpose of their professional services except where such disclosure is required by law |
| Specialty guidelines for forensic psychologists: Public and professional communications | Any public statements where there is strong justification to do so must be designed to assure accurate representation of their role or their evidence, not to advocate for the positions of the parties in the legal proceedings |
| Specialty guidelines for forensic psychologists: fees | Basing fees on contingent fees is clearly undesirable because doing so is likely to create a conflict of interest and adversely affect the psychologist's objectivity |
| Guidelines for providers of psychological services to ethnic, linguistic, and culturally diverse populations | Psychologists need to recognize cultural diversity understand the role of culture understand socioeconomic and political factors, help clients to understand/maintain/resolve their own ID, understand interact of culture, gender, & sexual orientation |
| Guidelines for providers of psychological services to ethnic, linguistic, and culturally diverse populations: competence | Psychologists must be aware of the limits of their competence and expertise. When they do not for working with the cultural or ethnic group they seek consultation/referrals |
| Guidelines for providers of psychological services to ethnic, linguistic, and culturally diverse populations: self – awareness | Psychologist should be aware of how their own cultural background/experiences, attitudes, values, and biases influence their work and strive to eliminate their biases and prejudices |
| Guidelines for providers of psychological services to ethnic, linguistic, and culturally diverse populations: culture and ethnicity | Psychologists should help a client determine whether a problem stems from races and more bias and others so that the client is not inappropriately personalized problems. |
| Guidelines for providers of psychological services to ethnic, linguistic, and culturally diverse populations: language | Written information provided to client should be presented in understandable language. Interact in the language requested by the client, if not feasible make appropriate referral. |
| Guidelines for child custody evaluations and family law proceedings: orienting guidelines: purpose of the child custody evaluation | To assist in determining the psychological best interest of the child. Child welfare is paramount. Focus on parenting attributes, child psychological needs, resulting fit |
| Guidelines for child custody evaluations and family law proceedings: general guidelines: preparing for the custody evaluation | Strive to: gain and maintain specialized competence, function as impartial evaluators, engage in culturally informed, nondiscriminatory evaluation practices, avoid conflicts of interest in multiple relationships. |
| Guidelines for child custody evaluations and family law proceedings: procedural guidelines: conducting the child custody evaluation | Strive to: establish scope in timely manner, obtain appropriate informed consent, multiple methods of testing, interpret in context of evaluation, recommendations focus on best interest of child, maintain professional records. |
| The primary goal of psychology licensure is to… | Protect the public by limiting licensure to those persons who are qualified to practice psychology is defined by state or provincial law |
| Forensic psychology: insanity | legal concept, basis criminal defense. Def: guilty by reason of insanity if because of mental disease or defect, "that person lacks the substantial capacity to appreciate the wrongfulness of the act or behave according to the requirements of the law" |
| Forensic psychology: competence to stand trial | Dusky versus United States 1960. "Sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and a rational as well as a factual understanding of the proceedings against him." |
| Forensic psychology: fact witness | A person who testifies as to what was seen, heard, or otherwise observed regarding a circumstance, event or occurrence as it actually took place.Does not offer opinion |
| Forensic psychology: expert witness | A person who by reason of education or specialized experience possesses superior knowledge respecting a subject about which persons have no particular training are incapable of forming an accurate opinion or deducing correct conclusions |
| Forensic psychology: guardianship | Legal right given to a person to be responsible for the necessities of another person legally deemed incapable of providing these necessities themselves. |
| Forensic psychology: Guardian ad litem | An adult appointed by the court to represent and make decisions for someone legally incapable of doing so on his or her own in a civil legal proceeding |
| Prediction of violence | Research suggests that psychologist predictions are not accurate, produce high rate of false positives. Past history of violent behavior is the single most accurate predictor of future violent behavior. |
| Malpractice disciplinary actions | Must prove there is a standard of care and that the psychologist deviated from it.Must have a professional relationship, demonstrable std of care, suffered harm, breach was proximate cause of persons harm. For $$ harm must be measurable in economic terms |
| Disciplinary actions: Five most common reasons for disciplinary action : | Unprofessional conduct; sexual misconduct; nonsexual dual relationship; negligence; conviction of a crime |
| Male or female therapists more often engage in sexual misconduct? | Male therapists |
| Typical age of a male therapist engaging in sexual misconduct? | Between 42 and 44 and the typically female client being between 30 and 33 |
| Predictive factors of sexual misconduct? | No relationship between risk for sexual misconduct and theoretical orientation, professional experience, or education |
| Responding to a subpoena | first step is to determine if the subpoena is legally valid. If yes a formal response is required but should first contact client to discuss implications. If client consents no reason to withhold information. No consent consult attorney. |
| Testimony | When a request for confidential information arises for the first time during court testimony or deposition may assert psychotherapist patient privilege and refuse until ordered by Court |
| Court order | When the court issues in order to provide testimony or produce documents psychologist must comply with the order to avoid being held in contempt |
| Five types of cost analysis | Cost-benefit analysis, cost-effectiveness analysis, cost utility analysis, cost feasibility analysis, cost minimization analysis. |
| Cost-benefit analysis | Compare the costs and benefits of an intervention in monetary terms. It may be difficult to assign a monetary value to an interventions outcomes |
| Cost-effectiveness analysis | Useful when compared interventions have similar goals but not possible to assign monetary value to outcomes. Costs expressed in monetary terms outcomes expressed in measurable (non-monetary) terms |
| Cost utility analysis | Evaluates alternative interventions by comparing costs an estimated value of outcomes, useful when outcomes cannot be measured monetarily. Estimated utility measured by duration of intervention or quality of life. |
| Cost feasibility analysis | Used to evaluate the feasibility of one or more interventions on the basis of the monetary and other resources they would require. Determines if intervention worth considering. Does not take into account outcomes |
| Cost minimization analysis | Used to determine the least costly option that produces equivalent outcomes |
| APA publication manual: avoiding bias in language | Racial and ethnic groups. Refer to racial and ethnic groups as specifically as possible. Do not imply gender exclusivity. Use male/female as adjectives not as nouns. Avoid gendered pronouns when possible. Don't categorize people as objects. |
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