EPPP (Nicky's Qs) - Ethics Flashcards

Question

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 ________.

Answer 1

human rights

Answer 2

recommended

Answer 3

aspirational

Answer 4

``` E.S. 1: Resolving Ethical Issues E.S. 2: Competence E.S. 3: Human Relations E.S. 4: Privacy and Confidentiality E.S. 5: Advertising and Other Public Statements E.S. 6: Record Keeping and Fees E.S. 7: Education and Training E.S. 8: Research and Publication E.S. 9: Assessment E.S. 10: Therapy ```

Answer 5

Resolving Ethical Issues

Answer 6

Competence

Answer 7

Human Relations

Answer 8

Privacy and Confidentiality

Answer 9

Advertising and Other Public Statements

Answer 10

Record Keeping and Fees

Answer 11

Education and Training

Answer 12

Research and Publication

Answer 13

Assessment

Answer 14

Psychologists take reasonable steps to correct or minimize the misuse or misrepresentation of their work. Discussion: It is up to the psychologist to decide what should be done when this happens. However, the appropriate action is usually to contact the involved party and request that a corrective measure be taken. One should then document the action taken to correct the misuse or misrepresentation.

Answer 15

Pertaining to when a psychologist's ethical responsibilities conflict with the law, regulations, or other governing legal authorities. Psychologists clarify the nature of the conflict, make known their commitment to the Ethics Code, and take reasonable steps to resolve the conflict in a manner that is consistent with the General Principles and Ethical Standards. Note: under no circumstances may this standard be used to justify or defend violating human rights!

Answer 16

Pertaining to when demands of an organization with which the psychologist is affiliated or for whom they are working are in conflict with the Ethics Code. Psychologists clarify the nature of the conflict, make known their commitment to the Ethics Code, and take reasonable steps to resolve the conflict in a manner that is consistent with the General Principles and Ethical Standards. Note: under no circumstances may this standard be used to justify or defend violating human rights!

Answer 17

Involves bringing up the concerns of an ethical violation directly to the offending psychologist. When? Should be pursued when this appears to be an appropriate course of action and when the intervention does not violate any confidentiality rights that may be involved. When not? If a violation has substantially harmed or is likely to substantially harm a person or organization and is not appropriate for an informal resolution.

Answer 18

Involve taking further action than an informal approach, such as making a referral to state or national committees on professional ethics, to state licensing boards, or to the appropriate institutional authorities. When? If a violation has substantially harmed or is likely to substantially harm a person or organization and is not appropriate for an informal resolution or when an informal resolution has not succeeded in resolving the matter satisfactorily. When not? This standard does not apply when an intervention would violate confidentiality rights or when psychologists have been retained to review the work of another psychologist whose professional conduct is in question.

Answer 19

Psychologists cooperate in ethics investigations, proceedings, and resulting requirements of the APA of any affiliated state psychological association to which they belong. In doing so, they address any confidentiality issues. Failure to cooperate is itself an ethics violation. Note: Making a request for deferment of adjudication (judgment, ruling) of an ethics complaint pending the outcome of litigation does not alone constitute noncooperation.

Answer 20

Psychologists do not file or encourage the filing of ethics complaints that are made with reckless disregard for or willful ignorance of facts that would disprove the allegation.

Answer 21

Psychologists do not deny persons employment, advancement, admissions to academic or other programs, tenure, or promotion, based solely upon their having made or their being the subject of an ethics complaint. Note: This does not preclude taking action based upon the outcome of such proceedings or considering other appropriate information.

Answer 22

It is up to the psychologist to decide what should be done when this happens. However, the appropriate action is usually to contact the involved party and request that a corrective measure be taken. One should then document the action taken to correct the misuse or misrepresentation. (E.S. 1.01)

Answer 23

The standard does not specify. However, sexual misconduct, insurance fraud, and plagiarism have been identified as examples in APA's (2002) Rules and Procedures.

Answer 24

First and foremost, psychologists should consider client confidentiality, which always takes precedence over the need to educate or punish an offending psychologist. Note: Any action, informal or formal, that could jeopardize the confidentiality of a client is strictly prohibited! Example: You have been seeing a client, who recently reveals s/he had sexual conduct with a previous therapist who seduced the client. If the client wants to file a complaint, you can assist the client in whatever way is needed. However, if the client does not want to do anything about it and doesn't want the matter known for whatever reason, you must respect the client's right to confidentiality and defer any action.

Answer 25

Again, first and foremost, psychologists should consider client confidentiality. Thus, a psychologist should confirm that the client has signed a release before disclosing any information about the client, even to the Ethics Committee. Note: This does not mean one should ignore or delay in responding to an inquiry from the Committee as doing so could result in additional charges for failure to respond. One could respond, without acknowledging a professional relationship with the complainant, by requesting a release before further discussion.

Answer 26

The standard specifically prohibits psychologists from acting in discriminatory ways toward people who are either complainants or respondents to a charge of ethical misconduct solely on the basis of being the subject of an ethics complaint. Thus, if the complaint is unresolved, the employee psychologist should be granted his/her raise or promotion according to the positive review received because the charges could be ruled unfounded or could be dismissed. The promotion or raise can be rescinded if the outcome of the complaint is unfavorable to the psychologist. Same would go with hiring someone. If you would hire them was it not for the complaint, they should be hired if it is not yet resolved. They can always be let go if there is a ruling against the psychologist. Past rulings can be used in decision-making about employee hiring or advancement.

Answer 27

substantial harm

Answer 28

the client's confidentiality rights

Answer 29

ethical violation

Answer 30

complainant or respondent

Answer 31

a pending case; its outcome.

Answer 32

(a) Psychologists provide services, teach, and conduct research with populations and in areas only within the boundaries of their competence, based on their education, training, supervised experience, consultation, study, or professional experience. (b) Where scientific or professional knowledge in the discipline of psychology establishes that an understanding of factors associated with age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, language, or socioeconomic status is essential for effective implementation of their services or research, psychologists have or obtain the training, experience, consultation, or supervision necessary to ensure the competence of their services, or they make appropriate referrals, except as provided in Standard 2.02, Providing Services in Emergencies. (c) Psychologists planning to provide services, teach, or conduct research involving populations, areas, techniques, or technologies new to them undertake relevant education, training, supervised experience, consultation, or study. (d) When psychologists are asked to provide services to individuals for whom appropriate mental health services are not available and for which psychologists have not obtained the competence necessary, psychologists with closely related prior training or experience may provide such services in order to ensure that services are not denied if they make a reasonable effort to obtain the competence required by using relevant research, training, consultation, or study. (e) In those emerging areas in which generally recognized standards for preparatory training do not yet exist, psychologists nevertheless take reasonable steps to ensure the competence of their work and to protect client/patients, students, supervisees, research participants, organizational clients, and others from harm. (f) When assuming forensic roles, psychologists are or become reasonably familiar with the judicial or administrative rules governing their roles.

Answer 33

In emergencies, when psychologists provide services to individuals for whom other mental health services are not available and for which psychologists have not obtained the necessary training, psychologists may provide such services in order to ensure that services are not denied. The services are discontinued as soon as the emergency has ended or appropriate services are available.

Answer 34

Psychologists undertake ongoing efforts to develop and maintain their competence.

Answer 35

Psychologists' work is based upon established scientific and professional knowledge of the discipline (See also Standards • 2.01e, Boundaries of Competence, and • 10.01b, Informed Consent to Therapy.)

Answer 36

Psychologists who delegate work to employees, supervisees, or research or teaching assistants or who use the services of others, such as interpreters, take steps to... (1) avoid delegating such work to persons who have a multiple relationship with those being served that would likely lead to exploitation or loss of objectivity; (2) authorize only those responsibilities that such persons can be expected to perform competently on the basis of their education, training, or experience, either independently or with the level of supervision being provided; and (3) see that such persons perform these services competently. (See also Standards • 2.02, Providing Services in Emergencies; • 3.05, Multiple Relationships; • 4.01, Maintaining Confidentiality; • 9.01, Bases for Assessments; • 9.02, Use of Assessments; • 9.03, Informed Consent in Assessments; and • 9.07, Assessment by Unqualified Persons.)

Answer 37

(a) Psychologists 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 manner. (b) 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 or assistance, and determine whether they should limit, suspend, or terminate their work-related duties. (See also E.S. 10.10, Terminating Therapy.)

Answer 38

There are several ethical options available: (1) I could refer the client to someone who is experienced with the new technique (E.S. 2.05). This would have to be a mutual decision with the client and his/her level of comfort transferring to a new provider or seeing the new provider as an added component to the work we are doing, such as one might do with EMDR. (2) If I am versed in other techniques that are fairly similar, I could conduct research on the new technique and seek consultation with someone certified or otherwise equipped to supervise work with this technique (E.S. 2.01c, d, e; 2.03). (3) If I am not versed in any techniques similar to this one, I could pursue coursework and supervision in the use of this technique (E.S. 2.01c, d, e; 2.03). These are all options that ensure the client is receiving services by a provider who is competent in the skill.

Answer 39

If providers are desperately needed, I would answer the call and try to provide as much support as possible until such time as additional experienced providers arrive or until the emergency passes (E.S. 2.02 Providing Services in Emergencies). Unless, the incident is some sort of trigger for me that would prevent me from doing the work needed (E.S. 2.06 Personal Problems and Conflicts).

Answer 40

During the time between sessions I look for other providers in the area with expertise in trans concerns. When I meet with the client next, I would discuss my current lack of competence in working with trans issues and explore possible avenues, including transferring care to another provider if one is available and the client is willing (E.S. 2.05 Delegation of Work to Others). If a more experienced provider is not available, I offer to do the necessary research and seek consultation with a more experienced provider in this area (E.S. 2.01b, c, d, e Boundaries of Competence; 2.03 Maintaining Competence; 10.01b Informed Consent to Therapy). I would only provide ongoing services if my own biases would not cause harm to the client (i.e. I don't have a prejudice against trans folk and/or I explore my feelings about this population with a consultant).

Answer 41

No, I would not be required to obtain a second doctorate in psychology, but I would need to complete the necessary relevant coursework and obtain supervise training in that area. ** Section 1.7 of the General Guidelines for Providers of Psychological Services (APA, 1987): "psychologists who change or add a specialty meet the same requirements with respect to subject matter and professional skills that apply to doctoral education, training, and experience in the new specialty."

Answer 42

No specific criteria are provided, but a critical element in ensuring the competence of supervises and employees is providing hem with regular performance feedback.

Answer 43

I explain my concerns with having her daughter serve as interpreter and the fact that doing so would constitute an ethical violation in my profession. I offer, instead, to make the necessary arrangements to secure a trained interpreter who is bound to confidentiality. ** E.S. 2.05 prohibits psychologists from delegating work to others when doing so will create a multiple relationship with the individual being served that is likely to limit their objectivity or lead to exploitation.

Answer 44

A term that refers to how under certain circumstances, supervisors and employers may be legally responsible for the actions of their supervises and employees (respondent superior). ** Its legal determination ordinarily rests on the disparity in training and experience between the supervisor/employer and supervisee/employee and the right, ability, or responsibility of the supervisor/employer to control the actions of the supervisee/employee. (p. 18)

Answer 45

No, not necessarily. However, I should try to determine whether my own loss is interfering with my work with them. Appropriate measures I could take include seeking therapy for myself and seeking consultation to determine my readiness to continue providing services to those clients. If we determine my work is being affected by my loss, the right course of action would be to provide referrals to other professionals competent in the areas of need. (E.S. 2.06 Personal Problems; 2.05 Delegation of Work to Others).

Answer 46

reasonable steps

Answer 47

emergency passes

Answer 48

multiple relationship

Answer 49

vicarious liability

Answer 50

"appropriate measures"

Answer 51

In their work-related activities, psychologists do not engage in unfair discrimination based on age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, socioeconomic status, or any basis proscribed by law.

Answer 52

Psychologists do not engage in sexual harassment. Sexual harassment is sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, that occurs in connection with the psychologist's activities or roles as a psychologist, and that either (1) is unwelcome, is offensive, or creates a hostile workplace or educational environment, and the psychologist knows or is told this or (2) is sufficiently severe or intense to be abusive to a reasonable person in the context. Sexual harassment can consists of a single intense or severe act or of multiple persistent or pervasive acts. (See also E.S. 1.08, Unfair Discrimination Against Complainants and Respondents.)

Answer 53

Psychologists do not knowingly engage in behavior that is harassing or demeaning to persons with whom they interact in their work based on factors such as those persons' age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, language, or socioeconomic status.

Answer 54

Psychologists take reasonable steps to avoid harming their clients/patients, students, supervisees, research participants, organizational clients, and others with whom they work, and to minimize harm where it is foreseeable and unavoidable.

Answer 55

(a) A multiple relationship occurs when a psychologist is in a professional role with a person and (1) at the same time is in another role with the same person, (2) at the same time is in a relationship with a person closely associated with or related to the person with whom the psychologist has the professional relationship, or (3) promises to enter into another relationship in the future with the person or a person closely associated with or related to the person. A psychologist refrains from entering into a multiple relationship if the multiple relationship could reasonably be expected to impair the psychologist's objectivity, competence, or effectiveness in performing his or her functions as a psychologist, or otherwise risks exploitation or harm to the person with whom the professional relationships exits. Multiple relationships that would not reasonably be expected to cause impairment or risk exploitation or harm are not unethical. (b) If a psychologist finds that, due to unforeseen factors, a potentially harmful multiple relationship has arisen, the psychologist takes reasonable steps to resolve it with due regard for the best interests of the affected person and maximal compliance with the Ethics Code. (c) When psychologists are required by law, institutional policy, or extraordinary circumstances to serve in more than one role in judicial or administrative proceedings, at the outset they clarify role expectations and the extent of confidentiality and thereafter as changes occur. (See also Standards • 3.04, Avoiding Harm, and • 3.07, Third-Party Requests for Services.)

Answer 56

Psychologists refrain from taking on a professional role when personal, scientific, professional, legal, financial, or other interests or relationships could reasonably be expected to (1) impair their objectivity, competence, or effectiveness in performing their functions as psychologists or (2) expose the person or organization with whom the professional relationship exists to harm or exploitation.

Answer 57

When psychologists agree to provide services to a person or entity at the request of a third party, psychologists attempt to clarify at the outset of the service the nature of the relationship with all individuals or organizations involved. This clarification includes the role of the psychologist (e.g., therapist, consultant, diagnostician, or expert witness), an identification of who is the client, the probable uses of the services provided or the information obtained, and the fact that there may be limits to confidentiality. (See also Standards • 3.05, Multiple Relationships, and • 4.02, Discussing the Limits of Confidentiality.)

Answer 58

Psychologists do not exploit persons over whom they have supervisory, evaluative, or other authority such as clients/patients, students, supervisees, research participants, and employees. (See also Standards • 3.05, Multiple Relationships; • 6.04, Fees and Financial Arrangements; • 6.05, Barter With Clients/Patients; • 7.07, Sexual Relationships With Students and Supervisees; • 10.05, Sexual Intimacies With Current Therapy Clients/Patients; • 10.06, Sexual Intimacies With Relatives or Significant Others of Current Therapy Clients/Patients; • 10.07, Therapy With Former Sexual Partners; and • 10.08, Sexual Intimacies With Former Therapy Clients/Patients.)

Answer 59

When indicated and professionally appropriate, psychologists cooperate with other professionals in order to serve their clients/patients effectively and appropriately. (See also E.S. 4.05, Disclosures.)

Answer 60

(a) When psychologists conduct research or provide assessment, therapy, counseling, or consulting services in person or via electronic transmission or other forms of communication, they obtain the informed consent of the individual or individuals using language that is reasonably understandable to that person or persons except when conducting such activities without consent is mandated by law or governmental regulation or as otherwise provided in this Ethics Code. (See also Standards 8.02, Informed Consent to Research; 9.03, Informed Consent in Assessments; and 10.01, Informed Consent to Therapy.) (b) For persons who are legally incapable of giving informed consent, psychologists nevertheless (1) provide an appropriate explanation, (2) seek the individual's assent, (3) consider such persons' preferences & best interests, & (4) obtain appropriate permission from a legally authorized person, if such substitute consent is permitted or required by law. When consent by a legally authorized person is not permitted or required by law, psychologists take reasonable steps to protect the individual's rights and welfare. (c) When psychological services are court ordered or otherwise mandated, psychologists inform the individual of the nature of the anticipated services, including whether the services are court ordered or mandated and any limits of confidentiality, before proceeding. (d) Psychologists appropriately document written or oral consent, permission, and assent. (See also Standards 8.02, Informed Consent to Research; 9.03, Informed Consent in Assessments; and 10.01, Informed Consent to Therapy.)

Answer 61

(a) Psychologists delivering services to or through organizations provide information beforehand to clients and when appropriate those directly affected by the services about (1) the nature and objectives of the services, (2) the intended recipients, (3) which of the individuals are clients, (4) the relationship the psychologist will have with each person and the organization, (5) the probable uses of services provided and information obtained, (6) who will have access to the information, and (7) limits of confidentiality. As soon as feasible, they provide information about the results and conclusions of such services to appropriate persons. (b) If psychologists will be precluded by law or by organizational roles from providing such information to particular individuals or groups, they so inform those individuals or groups at the outset of the service.

Answer 62

Unless otherwise covered by contract, psychologists make reasonable efforts to plan for facilitating services in the event that psychological services are interrupted by factors such as the psychologist's illness, death, unavailability, relocation, or retirement or by the client's/patient's relocation or financial limitations. (See also Standard 6.02c, Maintenance, Dissemination, and Disposal of Confidential Records of Professional and Scientific Work.)

Answer 63

The prohibition does not preclude psychologists from refusing to provide services to individuals they do not feel competent to serve or to "difficult" individuals. Koocher and Keith-Spiegel note that it is probably more appropriate for a psychologist to refer an individual who "stirs up troubling feelings or anger in the therapist" (1998, p. 90) than to treat that individual him/herself. (p. 23) Also E.S. 10.10b states that psychologists "may terminate therapy when threatened or otherwise endangered by the client/patient or another person with whom the client/patient has a relationship."

Answer 64

Behaviors that are sexual in nature and are unwelcome, offensive, or create a hostile work or educational environment or would be recognized by a reasonable person as being abusive. It may consist of a "single intense or severe act or of multiple persistent or pervasive acts." The standard of "unreasonable" is often used by the courts to determine if a behavior constitutes sexual harassment.

Answer 65

"This for that" Refers to an explicit or implicit requirement to trade sexual favors for a promotion, raise, or other tangible job benefit.

Answer 66

One that involves sexually offensive behaviors that make it difficult for an employee to perform his/her job. It includes sexual gestures, jokes, remarks, and pictures.

Answer 67

According to E.S. 3.05a, I would not be allowed to enter into a business relationship with the relative of a client nor promise to do so in the future after termination of therapy because such a multiple relationship could potentially have the effect of impairing my objectivity, competence, or effectiveness or might risk exploitation or harm to my client or the client's relative. The standard also accounts for unforeseen factors (3.05b) such as those in this scenario and calls for one to take reasonable steps to resolve the situation with due regard for the best interests of the affected person (client and relative?) and maximal compliance with the Ethics Code. This may involve discussing the potential conflicts with my client or seeking consultation to identify the most appropriate course of action.

Answer 68

False. The Ethics Code does not have an absolute prohibition against multiple relationships. In fact, these are allowed in certain situations where they may be unavoidable or non harmful. E.S. 3.05a specifically states that "multiple relationships that would not reasonably be expected to cause impairment or risk exploitation or harm are not unethical." This may be especially unavoidable in small towns.

Answer 69

This situation is addressed in E.S. 3.05c, which deals with multiple relationships in forensic settings. This is a case were a multiple relationship would be acceptable. Although according to the Guidelines for Psychological Evaluations in Child Protection Matters (APA, 2011) a psychologist should ordinarily avoid conducting evaluations in child protection cases when they have previously served as a therapist to the child or the child's immediate family, this does not preclude them from "testifying in cases as fact or expert witnesses concerning therapeutic treatment of the children, parents, or families" (pp. 20-21).

Answer 70

* Power Differential: The more influence the psychologist has over the individual, the less likely that the relationship is ethical. * Duration of the Relationship: The longer the duration of either relationship, the more dubious the acceptability of the multiple relationship. * Clarity of Termination: If there is a chance that either relationship will continue (e.g., that the individual will want to return for additional therapy later), the less acceptable the multiple relationship. Gottlieb (1993) recommendations.

Answer 71

Defining "who is the client."

Answer 72

Court-ordered evaluations and/or treatments. A parent or legal guardian brings a minor for therapy. An employer requests to have an employee evaluated for promotability.

Answer 73

In addition to identifying who the client is, the psychologist should clarify the relevant issues with all involved parties, the most important of which is the limits of confidentiality.

Answer 74

Three. * Capacity: The individual is able to make rational decisions. * Comprehension: The individual is given adequate information and understand the information sufficiently to make an informed decision. * Voluntariness: The individual has given consent freely (without coercion).

Answer 75

In terms of capacity, a psychologist may have a difficult time accurately determining if an individual is able to make rational decisions. In terms of comprehension, consent forms have been found to often contain language that is beyond the reading level of many adults. For instance, an individual with mild mental retardation may not have the capacity and/or the comprehension to understand certain issues, such as the limits of confidentiality. Also, members of other cultural backgrounds may have a different perception of health and illness and may not fully understand the content discussed during the informed consent process. Members of certain cultures are also likely to defer to individuals they perceive as an authority in the field and thus their agreement may not be fully voluntary despite a psychologists best efforts to eliminate coercion.

Answer 76

"the nature and anticipated course of therapy, fees, involvement of third parties, and limits of confidentiality." (E.S. 10.0a)

Answer 77

"the developing nature of the treatment, the potential risks involved, alternative treatments that may be available, and the voluntary nature of their participation." (E.S. 10.0b)

Answer 78

"as early as feasible in the therapeutic relationship." | E.S. 10.01

Answer 79

Yes, as early as possible, but not exclusively. Informed consent is an ongoing process with discussions along the way as needed with regard to the progress and other relevant factors. (p. 26)

Answer 80

Documentation of the informed consent given by the client/patient.

Answer 81

There are several acceptable formats: * Signed written form * Audio- or videotape * Assent + signed permission of legally authorized person * Note in client's record * * Some cultural groups may regard signed written consents as offensive and prefer verbal agreements. However, a signed written consent may be required by law or institutional regulation.

Answer 82

The psychologist provides the individual with as clear an explanation as possible, seeks the individual's assent (agreement), and obtains the permission from a legally authorized person (parent or legal guardian).

Answer 83

Proceed with caution. Seek consultation and/or engage in a shared decision-making process with the individual's parents or other caregivers/legal guardians.

Answer 84

reasonable person

Answer 85

Quid pro quo

Answer 86

exploitation or harm

Answer 87

role expectations

Answer 88

power differential

Answer 89

voluntariness

Answer 90

reasonably understandable; documented

Answer 91

Psychologists have a primary obligation and take reasonable precautions to protect confidential information obtained through or stored in any medium, recognizing that the extent and limits of confidentiality may be regulated by law or established by institutional rules or professional or scientific relationship. (See also E.S. 2.05, Delegation of Work to others.)

Answer 92

(a) Psychologists discuss with persons (including, to the extent feasible, persons who are legally incapable of giving informed consent and their legal representatives) and organizations with whom they establish a scientific or professional relationship (1) the relevant limits of confidentiality and (2) the foreseeable uses of the information generated through their psychological activities. (See also E.S. 3.10, Informed Consent.) (b) Unless it is not feasible or is contraindicated, the discussion of confidentiality occurs at the outset of the relationship and thereafter as new circumstances may warrant. (c) Psychologists who offer services, products, or information via electronic transmission inform clients/patients of the risks to privacy and limits of confidentiality.

Answer 93

Before recording the voices or images of individuals to whom they provide services, psychologists obtain permission from all such persons or their legal representatives. (See also Standards • 8.03, Informed Consent for Recording Voices and Images in Research; • 8.05, Dispensing With Informed Consent for Research; and • 8.07, Deception in Research.)

Answer 94

(a) Psychologists include in written and oral reports and consultations, only information germane to the purpose for which the communication is made. (b) Psychologists discuss confidential information obtained in their work only for appropriate scientific or professional purposes and only with persons clearly concerned with such matters.

Answer 95

(a) Psychologists may disclose confidential information with the appropriate consent of the organizational client, the individual client/patient, or another legally authorized person on behalf of the client/patient unless prohibited by law. (b) Psychologists disclose confidential information without the consent of the individual only as mandated by law, or where permitted by law for a valid purpose such as to (1) provide needed professional services; (2) obtain appropriate professional consultations; (3) protect the client/patient, psychologist, or others from harm; or (4) obtain payment for services from a client/patient, in which instance disclosure is limited to the minimum that is necessary to achieve the purpose. (See also E.S. 6.04e, Fees and Financial Arrangements.)

Answer 96

When consulting with colleagues, (1) psychologists do not disclose confidential information that reasonably could lead to the identification of a client/patient, research participant, or other person or organization with whom they have a confidential relationship unless they have obtained the prior consent of the person or organization or the disclosure cannot be avoided, and (2) they disclose information only to the extent necessary to achieve the purposes of the consultation. (See also E.S. Standard 4.01, Maintaining Confidentiality.)

Answer 97

Psychologists do not disclose in their writings, lectures, or other public media, confidential, personally identifiable information concerning their clients/patients, students, research participants, organizational clients, or other recipients of their services that they obtained during the course of their work, unless (1) they take reasonable steps to disguise the person or organization, (2) the person or organization has consented in writing, or (3) there is legal authorization for doing so.

Answer 98

"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 to be shared [with] or withheld from others" (Siegal, 1979, p. 251).

Answer 99

The obligation of psychologists to protect clients from unauthorized disclosure of information revealed in the context of a professional relationship. Confidentiality is an ethical principle and, in some situations, a legal requirement.

Answer 100

A legal concept that protects a client's confidentiality in the context of legal proceedings. Psychotherapist-patient privilege was recognized at the federal level in 1996 by the U.S. Supreme Court decision in Jaffee v. Redmond, and most jurisdictions now have laws that establish privilege for communications between licensed mental health professionals and their clients.

Answer 101

No, they are related, but have distinct meanings. Privacy refers to the freedom people have to decide when and how their personal information is shared or not. Confidentiality is an ethical principle (sometimes a legal requirement too) that requires psychologists to protect their clients' information from unauthorized access. Privilege is a legal concept that protects a client's confidentiality in the context of legal proceedings.

Answer 102

The client or the client's legal guardian or representative. However, a psychologist may claim the privilege on behalf of the client when the psychologist is asked to disclose confidential information in a legal proceeding.

Answer 103

Yes! A psychologist may claim the privilege on behalf of the client when the psychologist is asked to disclose confidential information in a legal proceeding. In other words, the psychologist should claim the privilege on the client's behalf when the therapist is first asked to disclose confidential information about a client when providing testimony in court. The therapist would then release the information only when ordered to do so by the court or when the client or the client's representative consents to the release.

Answer 104

Yes. With regard to privilege then, one can "claim the privilege," "assert the privilege," and "invoke the privilege."

Answer 105

There are numerous exceptions legally defined and which vary between jurisdictions but often include: Waivers: The client authorizes the release of information. Mandatory Reporting: The therapist knows or suspects that a client is involved in child, elder, or dependent adult abuse. Danger to Self or Others: The therapist believes the client is a danger to him/herself or others. 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. Note: Exceptions to privilege are not automatic, but rather determined by a judge after review of relevant material. The judge then issues an order to release the info.

Answer 106

The Ethics Code provides the guidelines for this situation in E.S. 4.05b, which states that psychologists may disclose confidential information without a client's consent when to do so is "mandated by law or permitted by law for a valid purpose." Remember: legal exceptions to privilege and other legal mandates for the release of confidential information ordinarily take precedence over ethical obligations.

Answer 107

Ordinarily I would have to disclose the information, unless a legal exception applies. A minor's parent or legal guardian has a legal right to be informed of information revealed by the minor during the course of his or her treatment unless a legal exception in this general rule applies, such as when the minor is emancipated or is legally able to consent to his/her own treatment. Remember: a minor's parent or legal guardian is ordinarily the holder of the privilege for a minor, but there are legal exceptions to this rule, such as when a judge determines it so (e.g. case of father accused of molesting minor son -- judge determined privilege to belonged to son). p. 31

Answer 108

* Group therapy * Couple and family therapy * Minor clients * Deceased clients * Services delivered or stored electronically * Services provided by military psychologists to military personnel * Employee assistance programs (EAPs)

Answer 109

Group members must be informed of the limits of confidentiality (E.S. 10.03). The discussion should include ... • how confidentiality will be handled when the therapist also sees group members in individual therapy. • legal limits to confidentiality (i.e., in some states, info revealed in presence of a third party is exempt from privilege statues).

Answer 110

To help protect members' confidentiality, it is recommended that ... (a) the need for confidentiality be discussed in both prescreening interviews and initial therapy sessions and that group members be periodically reminded of the importance of confidentiality in later sessions; (b) group members be encouraged to confront each other in therapy about possible violations of confidentiality; and (c) group members be reminded to continue to maintain confidentiality when the group ends. Hummel, Talbutt, and Alexander (1985).

Answer 111

The problem of "secrets" can arise, especially when it is the therapist's policy to also see partners or family members in individual therapy. A member of the couple of family could also reveal a "secret" over the phone or some other medium.

Answer 112

This is not directly addressed by the Ethics Code, but Corey, Corey, and Callahan (1988, p. 307) suggest that ... the best policy is for the psychologist to let partners or family members know at the outset of treatment that information disclosed in private sessions "will be divulged as ... [he/she sees] fit in accordance with the greatest benefit for the couple or the family."

Answer 113

Except in legally defined situations, the parent or legal guardian of a minor client has the right to information that the minor reveals during the course of treatment. Such a disclosure may undermine the effectiveness of treatment.

Answer 114

A good practice is to have all parties agree at the outset of treatment what kinds of information will and will not be disclosed (even though the agreement may not be legally binding).

Answer 115

The confidentiality of client information following a client's death is not explicitly covered by the Ethics Code, but some jurisdictions have laws that apply to this situation. Example: Massachusetts statute states that "all communications... shall be deemed to be treated as confidential in perpetuity" (251 CMR 1.11). • In such situations, the records of a deceased client cannot be released to a family member or other person without a release from the executor or administrator of the client's estate.

Answer 116

* E.S. 4.02a: requires psychologists to inform clients of the possible limits on privacy and confidentiality when they deliver services electronically; * E.S. 6.02b: states that, when psychologists store information in databases or other systems that can be accessed by others, they must use coding or other techniques that restrict access to identifying information.

Answer 117

* passwords * de-identifying confidential information * establishing and monitoring procedures for maintaining client confidentiality.

Answer 118

Military psychologists must strive to protect the confidentiality of their clients while also adhering to Department of Defense rules that pertain to this issue (Ford, 2006). (I would say that is a conflict of interests.)

Answer 119

The military psychologist must ... * clearly explain the limits on confidentiality (e.g., the need to violate confidentiality when the psychologist believes the client is unfit for duty or poses a threat to national security) * discuss concerns related to who the client is in the situation (e.g., the Department of Defense versus the individual)

Answer 120

As with other situations, this can happen when ... * a client signs an authorization for release of confidential information and when * disclosing confidential information without an authorization is permitted or required by law (e.g., when the client is believed to be a danger to him/herself or others).

Answer 121

• The client is a danger to him/herself: When a psychologist believes a client is at risk for suicide, the psychologist must take action to protect the client, such as establishing a no-suicide contract, contacting the client's family, or having the client hospitalized. Note: These intended actions should ideally be discussed the the client first and information disclosed to others should be limited to relevant situation. • The client is a danger to another person: In some jurisdictions, psychologists are required or authorized to warn or protect identifiable third parties at risk of harm from therapy clients. In most cases, the duty to warn/protect applies only when a client poses a clear and imminent danger to an identifiable victim or victims (although, in some jurisdictions, the duty has been expanded to include an identifiable "class of victims"). However, this does NOT apply to when a client (a) reveals he/she killed a person ten years ago but was never questioned by the police. (b) says that his/her brother-in-law has been talking about killing his boss; or (c) says he/she is "mad enough to kill someone" but further questioning reveals no specific intended victim. Note: other actions by the psychologist might be needed, such as encouraging the client to contact the police in scenarios a and b. • The client is the perpetrator or victim of child abuse: although the exact provisions of reporting laws vary, all jurisdictions ... (a) require psychologists to make a report to an appropriate authority whenever they know or suspect that child abuse has occurred and (b) grant reporters immunity from civil or criminal liability when a report has been made in good faith. * There are no time limits on child abuse reporting. Therefore, a psychologist has an obligation to file a report as long as the victim is still a minor. There is also an obligation to file a report if an adult client tells a psychologist he/she was abused by someone who could be still victimizing a minor (e.g., a sibling; a teacher or other role where the abuser has responsibility for children). Best to include the client in the reporting process. Note: In most jurisdictions, a psychologist has the option to make or not make a report if they learn about a case of child abuse outside their professional capacity. p. 34

Answer 122

A 1974 court ruling that established a "duty to warn" an intended victim; but, in the 1976 rehearing of the case, this was changed to a "duty to protect" the intended victim by warning him/her, notifying the police, or taking other steps.

Answer 123

The laws around this controversial issue vary. The laws in some jurisdictions require or allow psychologists to warn identifiable at-risk individuals while others prohibit them from doing so. APA recommendation (1991): 1. A legal duty to protect third parties from HIV infection should not be imposed. 2. If, however, specific legislation is considered, then it should permit disclosure only when (a) the provider knows of an identifiable third party who the provider has compelling reason to believe is at significant risk for infection; (b) the provider has a reasonable belief that the third party has no reason to suspect that he or she is at risk; and (c) the client has been urged to inform the third party and has either refused or is considered unreliable in his/her willingness to notify the third party.

Answer 124

While E.S. 3.09 requires psychologists to cooperate with other professionals (e.g. colleague, physician, attorney) to best serve their clients, E.S. 4.06 states that one must only discuss information relevant to the consultation and only with the client's prior consent unless the client's identity can be disguised.

Answer 125

No. Although using pseudonyms are an appropriate step, other "reasonable steps" to be taken include removing all personally identifiable information that could compromise the client's confidentiality.

Answer 126

Confidentiality; privilege

Answer 127

holder of the privilege; claim the privilege

Answer 128

confidentiality

Answer 129

outset of the relationship

Answer 130

Tarasoff decision

Answer 131

prior consent

Answer 132

written consent

Answer 133

(a) Public statements include but are not limited to paid or unpaid advertising, product endorsements, grant applications, licensing applications, other credentialing applications, brochures, printed matter, directory listings, personal resumes or curricula vitae, or comments for use in media such as print or electronic transmission, statements in legal proceedings, lectures and public oral presentations, and published materials. Psychologists do not knowingly make public statements that are false, deceptive, or fraudulent concerning their research, practice, or other work activities or those of persons or organizations with which they are affiliated. (b) Psychologists do not make false, deceptive, or fraudulent statements concerning (1) their training, experience, or competence; (2) their academic degrees; (3) their credentials; (4) their institutional or association affiliations; (5) their services; (6) the scientific or clinical basis for, or results or degree of success of, their services; (7) their fees; or (8) their publications or research findings. (c) Psychologists claim degrees as credentials for their health services only if those degrees (1) were earned from a regionally accredited educational institution or (2) were the basis for psychology licensure by the state in which they practice.

Answer 134

(a) Psychologists who engage others to create or place public statements that promote their professional practice, products, or activities retain professional responsibility for such statements. (b) Psychologists do not compensate employees of press, radio, television, or other communication media in return for publicity in a news item. (See also E.S. 1.01, Misuse of Psychologists' Work.) (c) A paid advertisement relating to psychologists' activities must be identified or clearly recognizable as such.

Answer 135

To the degree to which they exercise control, psychologists responsible for announcements, catalogs, brochures, or advertisements describing workshops, seminars, or other non-degree-granting educational programs ensure that they accurately describe the audience for which the program is intended, the educational objectives, the presenters, and the fees involved.

Answer 136

When psychologists provide public advice or comment via print, internet, or other electronic transmission, they take precautions to ensure that statements ... (1) are based on their professional knowledge, training, or experience in accord with appropriate psychological literature and practice; (2) are otherwise consistent with this Ethics Code; and (3) do not indicate that a professional relationship has been established with the recipient. (See also E.S. 2.04, Bases for Scientific and Professional Judgments.)

Answer 137

Psychologists do not solicit testimonials from current therapy clients/patients or other persons who because of their particular circumstances are vulnerable to undue influence.

Answer 138

Psychologists do not engage, directly or through agents, in uninvited in-person solicitation of business from actual or potential therapy clients/patients or other persons who because of their particular circumstances are vulnerable to undue influence. However, this prohibition does not preclude ... (1) attempting to implement appropriate collateral contacts for the purpose of benefiting an already engaged therapy client/patient or (2) providing disaster or community outreach services.

Answer 139

psychology licensure; publicity

Answer 140

professional relationship

Answer 141

soliciting; uninvited

Answer 142

Psychologists create, and to the extent the records are under their control, maintain, disseminate, store, retain, and dispose of records and data relating to their professional and scientific work in order to ... (1) facilitate provision of services later by them or by other professionals, (2) allow for replication of research design and analyses, (3) meet institutional requirements, (4) ensure accuracy of billing and payments, and (5) ensure compliance with law. (See also E.S. 4.01, Maintaining Confidentiality.)

Answer 143

(a) Psychologists maintain confidentiality in creating, storing, accessing, transferring, and disposing of records under their control, whether these are written, automated, or in any other medium. (See Also Standards 4.01, Maintaining Confidentiality, and 6.01, Documentation of Professional and Scientific Work and Maintenance of Records.) (b) If confidential information concerning recipients of psychological services is entered into databases or systems of records available to persons whose access has not been consented to by the recipient, psychologists use coding or other techniques to avoid the inclusion of personal identifiers. (c) Psychologists make plans in advance to facilitate the appropriate transfer and to protect the confidentiality of records and data in the event of psychologists' withdrawal from positions or practice. (See also Standards 3.12, Interruption of Psychological Services, and 10.09, Interruption of Therapy.)

Answer 144

Psychologists may not withhold records under their control that are requested and needed for a client's/patient's emergency treatment solely because payment has not been received.

Answer 145

(a) As early as is feasible in a professional or scientific relationship, psychologists and recipients of psychological services reach an agreement specifying compensation and billing arrangements. (b) Psychologists' fee practices are consisted with law. (c) Psychologists do not misrepresent their fees. (d) If limitations to services can be anticipated because of limitations in financing, this is discussed with the recipient of services as early as is feasible. (See also Standards 10.09, Interruption of Therapy, and 10.10, Terminating Therapy.) (e) If the recipient of services does not pay for services as agreed, and if psychologists intend to use collection agencies or legal measures to collect the fees, psychologists first inform the person that such measures will be taken and provide that person an opportunity to make prompt payment. (See also Standards 4.05, Disclosures; 6.03, Withholding Records for Nonpayment; and 10.01, Informed Consent to Therapy.)

Answer 146

Barter is the acceptance of goods, services, or other non monetary remuneration from clients/patients in return for psychological services. Psychologists may barter only if ... (1) it is not clinically contraindicated, and (2) the resulting arrangement is not exploitative. (See also Standards 3.05, Multiple Relationships, and 6.04, Fees and Financial Arrangements.)

Answer 147

In their reports to payors for services or sources of research funding, psychologists take reasonable steps to ensure the accurate reporting of the nature of the services provided or research conducted, the fees, charges, or payments, and where applicable, the identity of the provider, the findings, and the diagnosis. (See also Standards 4.01, Maintaining Confidentiality; 4.04, Minimizing Intrusions on Privacy; and 4.05, Disclosures.)

Answer 148

When psychologists pay, receive payment from, or divide fees with another professional, other than in an employer-employee relationship, the payment to each is based on the services provided (clinical, consultative, administrative, or other) and is not based on the referral itself. (See also E.S. 3.09, Cooperation With Other Professionals.)

Answer 149

* Date of session * Duration of session * Type of service provided (e.g., assessment, treatment) * Nature of intervention or contact (e.g., tx modality) * Summary of client's status

Answer 150

The recommendation is that psychologists may consider retaining full records... * until 7 years after the last date of service delivery for adults or * until 3 years after a minor reaches the age of majority, whichever is later. Note: in some circumstances, the psychologist may wish to keep records for a longer period, weighing the risks associated with obsolete or outdated information, or privacy loss, versus the potential benefits associated with preserving the records. (p. 999)

Answer 151

The measures may depend on the specific circumstances, but they include... * ensuring that all staff members understand the importance of keeping information contained in files confidential, * keeping records in a locked filing cabinet or room, and * making sure that access to records stored in electronic databases is limited.

Answer 152

One can... * specify in one's professional will or elsewhere how client records should be handled; * have an agreement with a responsible colleague about the management of records, * one can instruct one's spouse or executor to seek advice on record keeping, * ask a professional association to assist in managing or maintaining the records (Koocher & Keith-Spiegel, 1998)

Answer 153

Client access to records is not covered by the Ethics Code, but rather it is addressed by federal, state, and provincial laws and institutional regulations and by HIPAA. Thus, I would have to be familiar with my local laws regarding this issue. I would also consult with colleagues.

Answer 154

The Ethics Code does not address this. The laws vary between jurisdictions, with some laws granting ownership of physical records to the practitioner or institution but giving clients the right to inspect and amend the information. Also, some laws recognize that complete access to psychological records may have a detrimental impact on clients and provide exceptions to the general rule.

Answer 155

* PHI: includes information used by health care professionals or entities that relates to the patient's physical or mental health care, that could be used to identify the patient, and that has been transmitted or maintained in any form or medium. * Psychotherapy notes: notes in any medium used by the mental health practitioner for the purpose of documenting or analyzing the content of a therapy session and that are maintained separately from the patient's medical record. * HIPAA's Privacy Rule allows patients to inspect and obtain a copy of PHI contained in a "designated record set," which is defined as the medical and billing records maintained by a psychologists and used to make decisions about the patient. It does not, however, require psychologists to release their psychotherapy notes, unless required to do so by state law.

Answer 156

It applies to the records maintained by educational institutions receiving federal funds.

Answer 157

Exceptions include: * providing records to education professionals who have a legitimate educational interest in the student, * to appropriate individuals for the purpose of financial aid decisions, and * to another school to which the student is transferring.

Answer 158

This does not apply to * personal notes that are in the sole possession of educational personnel and * health records that are used in conjunction with the treatment of a student and are available only to the individuals providing the treatment.

Answer 159

Not really. E.S. 3.04 requires psychologists to "take reasonable steps to avoid harming their clients/patients" and withholding records for nonpayment may violate this provision. Also, state, federal, and provincial laws or institutional regulations may not recognize nonpayment of fees as a legitimate reason for withholding records under any circumstance.

Answer 160

This basically constitutes insurance fraud (if the insurance company has not agreed to this arrangement) because now they are essentially paying 100% of the client's fee rather than the smaller percentage they agreed to. Better alternatives might include... • Temporarily going pro bono • temporarily spacing out visit

Answer 161

* signing insurance forms as the provider of services that were actually provided by a supervisee; * billing an insurance company for missed appointments (unless the company agreed to this arrangement); * billing for individual sessions when group, couple, or family therapy has actually been provided; * changing the date of the beginning of therapy or the onset of a disorder to circumvent insurance restrictions; * assigning an inaccurate DSM dx to a client to qualify for insurance payments; or * billing an insurance company in a way that waives a client's co-payment without the company being aware of this arrangement.

Answer 162

No, this is not an appropriate form of barter or one that I would be comfortable with. This could lead to friction between the client and I if there are disagreements as to the quality of services provided by either. I also see issues with confidentiality (e.g., my spouse would sooner or later know of the dual relationship). Rather, I would consider pro bono services, a sliding scale, or a referral. Note: Canter et al. (1994) conclude that the exchange of certain services for therapy -- e.g., housekeeping or childcare -- would be clearly clinically contraindicated because of the potential negative consequences if those services are not performed satisfactorily. They also note that, when considering the potential for exploitation, the client and the psychologist should both be considered. Remember E.S. 6.05 states that barter may be acceptable when it is not clinically contraindicated and not exploitative.

Answer 163

A fee for using the office, yes; a fee for the referral itself, no.

Answer 164

The Ethics Code does not address sliding fee scales, but they are generally considered acceptable as long as their use is fair and serves the best interests of the client. Koocher and Keith-Spiegel conclude that "the actual fee charged for services rendered is not as important from an ethical standpoint as the manner in which it is set, communicated, managed, and collected" (2008, p. 162).

Answer 165

seven; three

Answer 166

practitioner or institution

Answer 167

Privacy Rule; designated record set

Answer 168

FERPA (Family Education Rights and Privacy Act)

Answer 169

emergency treatment; as early as feasible

Answer 170

collection agency;

Answer 171

clinically contraindicated;

Answer 172

actual costs

Answer 173

Psychologists responsible for education and training programs take reasonable steps to ensure that the programs are designed to provide the appropriate knowledge and proper experiences, and to meet the requirements for licensure, certification, or other goals for which claims are made by the program. (See also E.S. 5.03, Descriptions of Workshops and Non-Degree-Granting Educational Programs.)

Answer 174

Psychologists responsible for education and training programs take reasonable steps to ensure that there is a current and accurate description of the program content (including participation in required course- or program-related counseling, psychotherapy, experiential groups, consulting projects, or community service), training goals and objectives, stipends and benefits, and requirements that must be met for satisfactory completion of the program. This information must be made readily available to all interested parties.

Answer 175

(a) Psychologists take reasonable steps to ensure that course syllabi are accurate regarding the subject matter to be covered, bases for evaluating progress, and the nature of course experiences. This standard does not preclude an instructor from modifying course content or requirements when the instructor considers it pedagogically necessary or desirable, so long as students are made aware of these modifications in a manner that enables them to fulfill course requirements. (See also E.S. 5.01, Avoidance of False or Deceptive Statements.) (b) When engaged in teaching or training, psychologists present psychological information accurately. (See also E.S. 2.03, Maintaining Competence.)

Answer 176

Psychologists do not require students or supervisees to disclose personal information in course- or program-related activities, either orally or in writing, regarding sexual history, history of abuse and neglect, psychological treatment, and relationships with parents, peers, and spouses or significant others except if (1) the program or training facility has clearly identified this requirement in its admissions and program materials or (2) the information is necessary to evaluate or obtain assistance for students whose personal problems could reasonably be judged to be preventing them from performing their training- or professionally related activities in a competent manner or posing a threat to the students or others.

Answer 177

(a) when individual or group therapy is a program or course requirement, psychologists responsible for that program allow students in undergraduate and graduate programs the option of selecting such therapy from practitioners unaffiliated with the program. (See also E.S. 7.02, Descriptions of Education and Training Programs.) (b) Faculty who are or are likely to be responsible for evaluating students' academic performance do not themselves provide that therapy. (See also E.S. 3.05, Multiple Relationships.)

Answer 178

(a) In academic and supervisory relationships, psychologists establish a timely and specific process for providing feedback to students and supervisees. Information regarding the process is provided to the student at the beginning of supervision. (b) Psychologists evaluate students and supervisees on the basis of their actual performance on relevant and established program requirements.

Answer 179

Psychologists do not engage in sexual relationships with students or supervisees who are in their department, agency, or training center or over whom psychologists have or are likely to have evaluative authority. (See also E.S. 3.05, Multiple Relationships.)

Answer 180

reasonable steps

Answer 181

pedagogically

Answer 182

pose a threat

Answer 183

evaluative authority

Answer 184

When institutional approval is required, psychologists provide accurate information about their research proposals and obtain approval prior to conducting the research. They conduct the research in accordance with the approved research protocol.

Answer 185

(a) When obtaining informed consent as required in E.S. 3.10, Informed Consent, psychologists inform participants about ... (1) the purpose of the research, expected duration, and procedures; (2) their right to decline to participate and to withdraw from the research once participation has begun; (3) the foreseeable consequences of declining or withdrawing; (4) reasonably foreseeable factors that may be expected to influence their willingness to participate such as potential risks, discomfort, or adverse effects; (5) any prospective research benefits; (6) limits of confidentiality; (7) incentives for participation; and (8) whom to contact for questions about the research and research participants' rights. They provide opportunity for the prospective participants to ask questions and receive answers. (See also Standards 8.03, Informed Consent for Recording Voices and Images in Research; 8.05, Dispensing With Informed Consent for Research; and 8.07, Deception in Research.) (b) Psychologists conducting intervention research involving the use of experimental treatments clarify to participants at the outset of the research (1) the experimental nature of the treatment; (2) the services that will or will not be available to the control group(s) if appropriate; (3) the means by which assignment to treatment and control groups will be made; (4) available treatment alternatives if an individual does not wish to participate in the research or wishes to withdraw once a study has begun; and (5) compensation for or monetary costs of participating including, if appropriate, whether reimbursement from the participant or a third-party payor will be sought. (See also E.S. 8.02a, Informed Consent to Research.)

Answer 186

Psychologists obtain informed consent from research participants prior to recording their voices or images for data collection unless (1) the research consists solely of naturalistic observations in public places, and it is not anticipated that the recording will be used in a manner that could cause personal identification or harm, or (2) the research design includes deception, and consent for the use of the recording is obtained during debriefing. (See also E.S. 8.07, Deception in Research.)

Answer 187

(a) When psychologists conduct research with clients/patients, students, or subordinates as participants, psychologists take steps to protect the prospective participants from adverse consequences of declining or withdrawing from participation. (b) When research participation is a course requirement or an opportunity for extra credit, the prospective participant is given the choice of equitable alternative activities.

Answer 188

Psychologists may dispense with informed consent only (1) where research would not reasonably be assumed to create distress or harm and involves (a) the study of normal educational practices, curricula, or classroom management methods conducted in educational settings; (b) only anonymous questionnaires, naturalistic observations, or archival research for which disclosure of responses would not place participants at risk of criminal or civil liability or damage their financial standing, employability, or reputation, and confidentiality is protected; or (c) the study of factors related to job or organization effectiveness conducted in organizational settings for which there is no risk to participants' employability, and confidentiality is protected or (2) where otherwise permitted by law or federal or institutional regulations.

Answer 189

(a) Psychologists make reasonable efforts to avoid offering excessive or inappropriate financial or other inducements for research participation when such inducements are likely to coerce participation. (b) When offering professional services as an inducement for research participation, psychologists clarify the nature of the services, as well as the risks, obligations, and limitations. (See also E.S. 6.05, Barter With Client/Patients.)

Answer 190

(a) Psychologists do not conduct a study involving deception unless they have determined that the use of deceptive techniques is justified by the study's significant prospective scientific, educational, or applied value and that effective non deceptive alternative procedures are not feasible. (b) Psychologists do not deceive prospective participants about research that is reasonably expected to cause physical pain or severe emotional distress. (c) Psychologists explain any deception that is an integral feature of the design and conduct of an experiment to participants as early as is feasible, preferably at the conclusion of their participation, but no later than at the conclusion of the data collection, and permit participants to withdraw their data. (See also E.S. 8.08, Debriefing.)

Answer 191

(a) Psychologists provide a prompt opportunity for participants to obtain appropriate information about the nature, results, and conclusions of the research, and they take reasonable steps to correct any misconceptions that participants may have of which the psychologists are aware. (b) If scientific or humane values justify delaying or withholding this information, psychologists take reasonable measures to reduce the risk of harm. (c) When psychologists become aware that research procedures have harmed a participant, they take reasonable steps to minimize the harm.

Answer 192

(a) Psychologists acquire, care for, use, and dispose of animals in compliance with current federal, state, and local laws and regulations, and with professional standards. (b) Psychologists trained in research methods and experienced in the care of laboratory animals supervise all procedures involving animals and are responsible for ensuring appropriate consideration of their comfort, health, and humane treatment. (c) Psychologists ensure that all individuals under their supervision who are using animals have received instruction in research methods and in the care, maintenance, and handling of the species being used, to the extent appropriate to their role. (See also E.S. 2.05, Delegation of Work to Others.) (d) Psychologists make reasonable efforts to minimize the discomfort, infection, illness, and pain of animal subjects. (e) Psychologists use a procedure subjecting animals to pain, stress, or privation only when an alternative procedure is unavailable and the goal is justified by its prospective scientific, educational, or applied value. (f) Psychologists perform surgical procedures under appropriate anesthesia and follow techniques to avoid infection and minimize pain during and after surgery. (g) 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.

Answer 193

(a) Psychologists do not fabricate data. (See also E.S. 5.01a, Avoidance of False or Deceptive Statements.) (b) If psychologists discover significant errors in their published data, they take reasonable steps to correct such errors in a correction, retraction, erratum, or other appropriate publication means.

Answer 194

Psychologists do not present portions of another's work or data as their own, even if the other work or data source is cited occasionally.

Answer 195

(a) Psychologists take responsibility and credit, including authorship credit, only for work they have actually performed or to which they have substantially contributed. (See also E.S. 8.12b, Publication Credit.) (b) Principal authorship and other publication credits accurately reflect the relative scientific or professional contributions of the individuals involved, regardless of their relative status. Mere possession of an institutional position, such as department chair, does not justify authorship credit. Minor contributions to the research or to the writing for publications are acknowledged appropriately, such as in the footnotes or in an introductory statement. (c) 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. Faculty advisors discuss publication credit with students as early as feasible and throughout the research and publication process as appropriate. (See also E.S. 8.12b, Publication Credit.)

Answer 196

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.

Answer 197

(a) 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 substantive claims through reanalysis and who intend to use such data only for that purpose, provided that the confidentiality of the participants can be protected and unless legal rights concerning proprietary data preclude their release. This does not preclude psychologists from requiring that such individuals or groups be responsible for costs associated with the provision of such information. (b) Psychologists who request data from other psychologists to verify the substantive claims through reanalysis may use shared data only for the declared purpose. Requesting psychologists obtain prior written agreement for all other uses of the data.

Answer 198

Psychologists who review material submitted for presentation, publication, grant, or research proposal review respect the confidentiality of and the proprietary rights in such information of those who submitted it.

Answer 199

I would ask the investigators to rethink their inducements because offering prisoners excessive special privileges in return for participation may be coercive, which violates E.S. 8.06.

Answer 200

withdraw; confidentiality

Answer 201

harm or distress

Answer 202

alternative activities; coercive

Answer 203

emotional distress; data collection

Answer 204

alternative procedures

Answer 205

rapidly and painlessly

Answer 206

contribution; principal author

Answer 207

(a) Psychologists base the opinions contained in their recommendations, reports, and diagnostic or evaluative statements, including forensic testimony, on information and techniques sufficient to substantiate their findings. (See also E.S. 2.04, Bases for Scientific and Professional Judgments.) (b) Except as noted in 9.01c, 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. When, despite reasonable efforts, such an examination is not practical, psychologists document the efforts they made and the result of those efforts, clarify the probable impact of their limited information on the reliability and validity of their opinions, and appropriately limit the nature and extent of their conclusions or recommendations. (See also Standards 2.01, Boundaries of Competence, and 9.06, Interpreting Assessment Results.) (c) 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 and the sources of information on which they based their conclusions and recommendations.

Answer 208

(a) Psychologists administer, adapt, score, interpret, or use assessment techniques, interviews, tests, or instruments 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. (b) Psychologists use assessment instruments whose validity and reliability have been established for use with members of the population tested. When such validity or reliability has not been established, psychologists describe the strengths and limitations of test results and interpretation. (c) 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.

Answer 209

(a) Psychologists obtain informed consent for assessments, evaluations, or diagnostic services, as described in E.S. 3.10, Informed Consent, except when (1) testing is mandated by law or governmental regulations; (2) informed consent is implied because testing is conducted as a routine educational, institutional, or organizational activity (e.g., when participants voluntarily agree to assessment when applying for a job); or (3) one purpose of the testing is to evaluate decisional capacity. Informed consent includes an explanation of the nature and purpose of the assessment, fees, involvement of third parties, and limits of confidentiality and sufficient opportunity for the client/patient to ask questions and receive answers. (b) Psychologists inform persons with questionable capacity to consent or for whom testing is mandated by law or governmental regulations about the nature and purpose of the proposed assessment services, using language that is reasonably understandably to the person being assessed. (c) Psychologists using the services of an interpreter obtain informed consent from the client/patient to use that interpreter, ensure that confidentiality of test results and test security are maintained, and include in their recommendations, reports, and diagnostic or evaluative statements, including forensic testimony, discussion of any limitations on the data obtained. (See also Standards, 2.05, Delegation of Work to Others; 4.01, Maintaining Confidentiality; 9.01, Bases for Assessments; 9.06, Interpreting Assessment Results; and 9.07, Assessment by Unqualified Persons.)

Answer 210

(a) The term test data refers to raw and scaled scores, client/patient responses to test questions or stimuli, and psychologists' notes and recordings concerning client/patient statements and behavior during an examination. Those portions of test materials that include client/patient responses are included in the definition of test data. Pursuant to a client/patient release, psychologists provide test data to the client/patient or other persons identified in the release. Psychologists may refrain from releasing test data to protect a client/patient or others from substantial harm or misuse or misrepresentation of the data or the test, recognizing that in many instances release of confidential information under these circumstances is regulated by law. (See also E.S. 9.11, Maintaining Test Security.) (b) In the absence of a client/patient release, psychologists provide test data only as required by law or court order.

Answer 211

Psychologists who 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, and recommendations for use.

Answer 212

When interpreting assessment results, including automated interpretations, psychologists take into account the purpose of the assessment as well as the various test factors, test-taking abilities, and other characteristics of the person being assessed, such as situational, personal, linguistic, and cultural differences, that might affect psychologists' judgments or reduce the accuracy of their interpretations. They indicate any significant limitations of their interpretations. (See also Standards 2.01b and c, Boundaries of Competence, and 3.01, Unfair Discrimination.)

Answer 213

Psychologists do not promote the use of psychological assessment techniques by unqualified persons, except when such use is conducted for training purposes with appropriate supervision. (See also E.S. 2.05, Delegation of Work to Others.)

Answer 214

(a) Psychologists do not base their assessment or intervention decisions or recommendations on data or test results that are outdated for the current purpose. (b) Psychologists do not base such decisions or recommendations on tests and measures that are obsolete and not useful for the current purpose.

Answer 215

(a) Psychologists who offer assessment or scoring services to other professionals accurately describe the purpose, norms, validity, reliability, and applications of the procedures and any special qualifications applicable to their use. (b) Psychologists select scoring and interpretation services (including automated services) on the basis of evidence of the validity of the program and procedures as well as on other appropriate considerations. (See also E.S. 2.01b and c, Boundaries of Competence.) (c) Psychologists retain responsibility for the appropriate application, interpretation, and use of assessment instruments, whether they score and interpret such tests themselves or use automated or other services.

Answer 216

Regardless of whether the scoring and interpretation are done by psychologists, by employees or assistants, or by automated or other outside services, 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 (such as in some organizational consulting, preemployment or security screenings, and forensic evaluations), and this fact has been clearly explained to the person being assessed in advance.

Answer 217

The term test materials refers to manuals, instruments, protocols, and test questions or stimuli and does not include test data as defined in E.S. 9.04, Release of Test Data. 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.

Answer 218

This issues is not directly addressed by the Ethics Code, but rather by Paragraph 6.03.02 of APA's Specialty Guidelines for Forensic Psychology (2011), which reads.. "If the examinee is ordered by the court to participate, the forensic practitioner can conduct the examination over the objection, and without the consent, of the examinee... If the examinee declines to proceed after being notified of the nature and purpose of the forensic examination, the forensic practitioner may consider a variety of options including postponing the examination, advising the examinee to contact his or her attorney, and notifying the retaining party about the examinee's unwillingness to proceed."

Answer 219

No. To do so would jeopardize the integrity of the test materials, i.e., the instrument itself. (This would violate E.S. 9.11, Maintaining Test Security.)

Answer 220

If a client was tested with said instrument in the past and one wants to assess changes in the client's performance, it would make sense to use the same instrument. This may help evaluate the changes better or the long-term effects of a treatment or the level of deterioration (e.g., long-term effect of AIDS diagnosis and treatment).

Answer 221

The client's welfare.

Answer 222

third parties

Answer 223

test data; test materials

Answer 224

qualified people; obsolete data

Answer 225

(a) When obtaining informed consent to therapy as required in Standard 3.10, Informed Consent, psychologists inform clients/patients as early as is feasible in the therapeutic relationship about the nature and anticipated course of therapy, fees, involvement of third parties, and limits of confidentiality and provide sufficient opportunity for the client/patient to ask questions and receive answers. (See also Standards 4.02, Discussing the Limits of Confidentiality, and 6.04, Fees and Financial Arrangements.) (b) When obtaining informed consent for treatment for which generally recognized techniques and procedures have not been established, psychologists inform their clients/patients of the developing nature of the treatment, the potential risks involved, alternative treatments that may be available, and the voluntary nature of their participation. (See also Standards 2.01e, Boundaries of Competence, and 3.10, Informed Consent.) (c) When the therapist is a trainee and the legal responsibility for the treatment provided resides with the supervisor, the client/patient, as part of the informed consent procedure, is informed that the therapist is in training and is being supervised and is given the name of the supervisor.

Answer 226

(a) When psychologists agree to provide services to several persons who have a relationship (such as spouses, significant others, or parents and children), they take reasonable steps to clarify at the outset (1) which of the individuals are client/patients and (2) the relationship the psychologist will have with each person. This clarification includes the psychologist's role and the probable uses of the services provided or the information obtained. (See also E.S. 4.02, Discussing the Limits of Confidentiality.) (b) If it becomes apparent that psychologists may be called on to perform potentially conflicting roles (such as family therapist and then witness for one party in divorce proceedings), psychologists take reasonable steps to clarify and modify, or withdraw from, roles appropriately. (See also E.S. 3.05c, Multiple Relationships.)

Answer 227

When psychologists provide services to several persons in a group setting, they describe at the outset the roles and responsibilities of all parties and the limits of confidentiality.

Answer 228

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 client's/patient's welfare. Psychologists discuss theses issues with the client/patient or another legally authorized person on behalf of the client/patient in order to minimize the risk of confusion and conflict, consult with the other service providers when appropriate, and proceed with caution and sensitivity to the therapeutic issues.

Answer 229

Psychologists do not engage in sexual intimacies with current therapy clients/patients.

Answer 230

Psychologists do not engage in sexual intimacies with individuals they know to be close relatives, guardians, or significant others of current clients/patients. Psychologists do not terminate therapy to circumvent this standard.

Answer 231

Psychologists do not accept as therapy clients/patients persons with whom they have engaged in sexual intimacies.

Answer 232

(a) Psychologists do not engage in sexual intimacies with former clients/patients for at least two years after cessation or termination of therapy. (b) Psychologists do not engage in sexual intimacies with former clients/patients even after a two-year interval except in the most unusual circumstances. Psychologists who engage in such activity after the two years following cessation or termination of therapy and of having no sexual contact with the former client/patient bear the burden of demonstrating that there has been no exploitation, in light of all relevant factors, including... (1) the amount of time that has passed since therapy terminated; (2) the nature, duration, and intensity of the therapy; (3) the circumstances of termination; (4) the client's/patient's personal history; (5) the client's/patient's current mental status; (6) the likelihood of adverse impact on the client/patient; & (7) any statements or actions made by the therapist during the course of therapy suggesting or inviting the possibility of a posttermination sexual or romantic relationship with the client/patient. (See also E.S. 3.05, Multiple Relationships.)

Answer 233

When entering into employment or contractual relationships, psychologists make reasonable efforts to provide for orderly and appropriate resolution of responsibility for client/patient care in the event that the employment or contractional relationship ends, with paramount consideration given to the welfare of the client/patient. (See also E.S. 3.12, Interruption of Psychological Services.)

Answer 234

(a) Psychologists terminate therapy when it becomes reasonably clear that the client/patient no longer needs the service, is not likely to benefit, or is being harmed by continued service. (b) Psychologists may terminate therapy when threatened or otherwise endangered by the client/patient or another person with whom the client/patient has a relationship. (c) Except where precluded by the actions of clients/patients or third-party payors, prior to termination psychologists provide pretermination counseling and suggest alternative service providers as appropriate.

Answer 235

The psychologist's best course of action would be to refuse to do so because the "client" was the couple, not just the husband. (E.S. 10.02)

Answer 236

In this situation, assuming this is not the main issue being worked on in the other therapeutic relationship, it would be appropriate to provide the services needed and to try to coordinate care with the psychodynamic provider. (E.S. 10.04)

Answer 237

as early as feasible

Answer 238

the supervisor's name

Answer 239

proceed with caution

Answer 240

close relatives; in the past

Answer 241

pretermination counseling

Answer 242

aspirational

Answer 243

doctoral; psychological service unit

Answer 244

public and private

Answer 245

doctoral degree

Answer 246

human welfare

Answer 247

feasible; reasonable efforts

Answer 248

contingent

Answer 249

informed consent; nature and process; his/her attorney

Answer 250

public domain

Answer 251

A legal concept that serves as the basis for a criminal defense in many jurisdiction. Its definition varies between jurisdictions, but most reflect the rule set forth by the American Law Institute: a person is not guilty by reason of insanity if, because of a mental disease or defect, "that person lacks substantial capacity to appreciate the wrongfulness of the act or ... behave according to the requirements of the law" (Gutheil, 1995, p. 2764). Note: some jurisdictions have replaced the not guilty by reason of insanity defense with alternatives such as guilty but insane or guilty but mentally ill.

Answer 252

A legal concept. It's related laws vary, but all were derived from the standard set forth in Dusky v. United States (1960), which defines a defendant as incompetent if, as the result of mental defect or illness, the defendant lacks "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" (p. 171). When evaluating a defendant's competence to stand trial, the focus is on the defendant's psycholegal abilities and impairments, including his/her capacity to comprehend the charges or allegations, disclose pertinent facts and events to counsel, and testify.

Answer 253

A person "who testifies as to what he/she has seen, heard, or otherwise observed regarding a circumstance, event or occurrence as it actually took place.... Fact witnesses are generally not allowed to offer opinions, address issues that they do not have personal knowledge of or respond to hypothetical situations" (APA, 1998, p. 7). A fact witness may provide information about a client in a legal proceeding only with the consent of the client or a court order.

Answer 254

A person "who by reason of education or specialized experience possesses superior knowledge respecting a subject about which persons having no particular training are incapable of forming an accurate opinion or deducing correct conclusions" (Nolan & Nolan-Haley, 1990, p. 578). A person who has been qualified as an expert witness by the court is allowed to offer opinions and provide testimony based on hypothetical scenarios.

Answer 255

A "legal right given to a person to be responsible for the necessities (e.g., food, health care) of another person legally deemed incapable of providing these necessities him/herself" (APA, 1998, p. 7). A guardian ad litem is "an adult appointed by the court to represent and make decisions for someone (such a a minor) legally incapable of doing so on his/her own in a civil legal proceeding" (APA, 1998, p. 7).

Answer 256

According to the research, such predictions are not particularly accurate (especially their long-term predictions) and often produce a high rate of false positives (e.g., Appelbaum & Gutheil, 2006).

Answer 257

past history of violent behavior | Klassen & O'Connor, 1988; Mossman, 1994

Answer 258

criminal and court records tell us about a person's past incidents of violent behavior. The greater the number of incidents, the greater the risk that a person will commit future acts of violence. (Scott, Quanbeck, and Resnick, 2008)

Answer 259

``` Static factors (age at first violent offense, hx of parental criminality, comorbid psychiatric conditions, and other fixed and historical events) & Dynamic risk factors (impulse control, substance abuse, social support, and other changeable factors) ``` (Douglas & Kropp, 2002; Mills, 2005)

Answer 260

* Civil suits * require the plaintiff to prove his/her claim by a "preponderance of the evidence" (establish that there is a standard of care and that the psychologist deviated from it). * often involves testimony from expert witnesses

Answer 261

(1) The psychologist must have had a professional relationship with the person that established a legal duty of care. (2) There must be a demonstrable standard of care that the psychologist has breached. (3) The person suffered harm or injury. (4) The psychologist's breach of duty within the context of the standard of care was the proximate cause of the person's harm or injury.

Answer 262

adequate (well-organized) records

Answer 263

* being familiar with the applicable legal and ethical standards and relevant research * providing only services that are compatible with one's education, training, and experience * maintaining careful, well-organized records.

EPPP (Nicky's Qs) - Ethics Flashcards

Qs drafted while reading Study Volumes. (297 cards)