Ethics Flashcards

(56 cards)

1
Q

Ethics

Client Welfare

A

psychologists “take reasonable steps” to avoid and minimize harm to clients, students, research participants, and others with whom they work

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2
Q

Ethics

Pro Bono

A
  • not used in the Ethics Code, General Principle B (Fidelity and Responsibility) states that “psychologists strive to contribute a portion of their professional time for little or no compensation or personal advantage.”
  • Because pro bono services are addressed in the Ethics Code’s aspirational General Principles rather than in its mandatory Ethical Standards, this means that pro bono services are recommended by the Code but are not required.
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3
Q

Ethics

Ethical Violations By Colleagues

A
  1. informally by discussing the matter with the offender when an “informal resolution appears appropriate” (barring substantial harm)
  2. then make a formal report to the Ethics Committee, state licensing board, or other appropriate authority
  3. These Standards also require that, before psychologists take any action, they must consider the issue of client confidentiality.
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4
Q

Ethics

Complainants and Respondents

A

Standard 1.08 states that “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.

This does not preclude taking action based upon the outcome of such proceedings or considering other appropriate information.”

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5
Q

Ethics

Competence

A

Standard 2.01 requires psychologists to “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.”

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6
Q

Ethics

Vicarious Liability

A

Under certain circumstances, supervisors and employers may be legally responsible for the actions of their supervisees and employees. This is referred to as vicarious liability (respondeat superior).

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7
Q

Ethics

Personal Problems

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
  • 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.”
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8
Q

Ethics

Sexual Harassment

A
  • sexual solicitation
  • physical advances
  • verbal or nonverbal conduct that is sexual in nature
  • unwelcome, is offensive, or creates a hostile workplace or educational environment, and the psychologist knows or is told this
  • is sufficiently severe or intense to be abusive to a reasonable person in the context.”
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9
Q

Ethics

Multiple Relationships

A
  • refrains from entering into a multiple relationship if it could reasonably be expected to impair the psychologist’s objectivity, competence, or effectiveness
  • if it risks exploitation or harm to the person with whom the professional relationship exists.
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10
Q

Ethics

Informed Consent

A

when psychologists conduct research or provide assessment, therapy, counseling, or consulting services in person or via electronic transmission
they obtain the informed consent of the individual or individuals using language that is reasonably understandable to that person or persons.”

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 and best interests, and
4. obtain appropriate permission from a legally authorized person.

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11
Q

Ethics

Confidentiality

A

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

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12
Q

Ethics

Privilege And Holder Of The Privilege

A
  • Privilege is a legal concept that protects a client’s confidentiality in the context of legal proceedings.
  • Most jurisdictions have laws that establish privilege for communications between licensed mental health practitioners and their clients.
  • The client is ordinarily the “holder of the privilege,” but a psychologist can claim the privilege on behalf of a client, and there are legally defined exceptions to privilege.
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13
Q

Ethics

Tarasoff Decision

A

The original Tarasoff decision established a “duty to warn” an intended victim of a therapy client; however, in a rehearing of the case, this was changed to a “duty to protect” an intended victim by warning him/her, notifying the police, or taking other steps.

In most jurisdictions, 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”).

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14
Q

Ethics

Child Abuse Reporting

A

Although the specific laws vary from jurisdiction to jurisdiction, all jurisdictions require psychologists to report known or suspected cases of child abuse to the appropriate authorities.

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15
Q

Ethics

Consultation

A
  • 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
  • they disclose information only to the extent necessary to achieve the purposes of the consultation
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16
Q

Ethics

Client Testimonials

A

Standard 5.05 states that “psychologists do not solicit testimonials from current therapy clients/patients or other persons who because of their particular circumstances are vulnerable to undue influence.”

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17
Q

Ethics

In-Person Solicitation

A

Standard 5.06 states that “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.” It also identifies two exceptions to this prohibition - i.e., making “collateral contacts for the purpose of benefiting an already engaged therapy client/patient … [and] providing disaster or community outreach services.”

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18
Q

Ethics

Client Access To Records

A

Client access to records is determined by law but, in general, the psychologist is the owner of the physical record while the client has the right to inspect the contents of the record.

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19
Q

Ethics

Collection Agencies

A

can use, must inform and provide that person an opportunity to make prompt payment.

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20
Q

Ethics

Barter

A

may engage in barter only when it is not clinically contraindicated and when it is not exploitative (and does not start a multiple relationship)

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21
Q

Ethics

Referral Fees

A

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.

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22
Q

Ethics

Sliding Fee Scale

A

A sliding fee scale is not explicitly addressed by the Ethics Code but is generally considered acceptable as long as the scale is fair and serves the best interests of the client.

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23
Q

Ethics

Education and Supervision

A

act competently and responsibly when teaching, supervising, and designing education and training programs and to avoid misrepresenting themselves or their work when performing these functions

24
Q

Ethics

Sexual Relations With Students And Supervisees

A

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

25
# Ethics Informed Consent For Research
Standard 8.02 states: "(a) When obtaining 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."
26
# Ethics Dececption in Research
acceptable only when the following conditions are met: 1. The use of deception is justified by the "study's significant prospective scientific, educational, or applied value and ... effective nondeceptive alternative procedures are not feasible" 2. prospective participants are not deceived about conditions that can be **"reasonably expected to cause physical pain or severe emotional distress"** 3. participants will be debriefed "preferably at the conclusion of their participation, but no later than at the conclusion of the data collection."
27
# Ethics Animals in Research
1. acquire care for and use in compliance with state federal and local laws 2. reasonable efforts to minimize discomfort, illness, infection, pain 3. when it is appropriate to terminate its life, do it rapidly, with an effort to minimize pain
28
# Ethics Publication Credit
(a) Psychologists take responsibility and credit, including authorship credit, only for work they have **actually performed** or to which they have substantially contributed (b) Principal authorship and other publication credits accurately reflect the relative scientific or professional **contributions** of the individuals involved, regardless of their relative status."
29
# Ethics Test Data and Test Materials
test data is: * "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." * pursuant to a client/patient release, psychologists provide test data to the client/patient or other persons identified in the release." * make reasonable efforts" to protect the integrity and security of test materials, which include "manuals, instruments, protocols, and test questions or stimuli."
30
# Ethics Test Scoring and Interpretation
* 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 * 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.
31
# Ethics Obsolete Tests
do not base their assessment or intervention decisions or recommendations on data or test results that are outdated for the current purpose ... [and] do not base such decisions or recommendations on tests and measures that are obsolete and not useful for the current purpose.
32
# Ethics Informed Consent for Therapy
Standard 3.10 states that 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." It also states that "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 and best interests, and (4) obtain appropriate permission from a legally authorized person.
33
# Ethics Clients Receiving Services from Another Professional
* carefully consider the treatment issues and the potential client's/patient's welfare. * Psychologists discuss these issues with the client/patient ... and proceed with caution. * Best outcome when the two therapies are aimed at two completely separate issues, one behavioral one analytic
34
# Ethics Sex with clients
explicitly prohibits psychologists from having sexual relationships with current clients,
35
# Ethics Sex with former clients
at least two years after cessation of therapy even after the two-year limit has passed, a relationship may be acceptable only in the "most unusual circumstances."
36
# Ethics Therapy with prior sexual partners
Standard 10.07 prohibits psychologists from providing therapy to people with whom they have had sexual relationships in the past.
37
# Ethics Termination
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" provide pretermination counseling and suggest alternative service providers as appropriate."
38
# Ethics Termination when there's a threat
An exception to this general rule is provided in Standard 10.10(b), which states that pretermination counseling or referral is not necessary when a psychologist is terminating therapy with a client because the client or a person the client has a relationship with poses a threat to the psychologist.
39
# Ethics General Guidelines for Providers of Psychological Services
a means of self-regulation in the public interest," its provisions are **general and aspirational**.
40
# Ethics Specialty Guidelines for Forensic
no contingency fees
41
# Ethics Guidelines For Providers Of Psychological Services To Ethnic, Linguistic, And Culturally Diverse Populations
It emphasizes the importance of competence and presents recommendations for incorporating cultural issues and knowledge into practice.
42
# Ethics Guidelines for Child Custody Evaluations
It states that determining the "psychological best interests" of the child is the primary purpose of a child custody evaluation and that the child's welfare is always of paramount importance.
43
# Ethics EPPP
the knowledge that the most recent practice analysis has determined as foundational to the competent practice of psychology" (ASPPB, 2010).
44
# Ethics Insanity
Insanity is a **legal concept** and most definitions reflect the rule set forth by the American Law Institute, which states that a person is not guilty by reason of insanity when, because of a mental disease or defect, "**that person lacks substantial capacity to appreciate the wrongfulness** of the act or lacks substantial capacity to behave according to the requirements of the law" (Gutheil, 1995, p. 2764).
45
# Ethics Competence to Stand Trial
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.
46
# Ethics Fact vs. Expert Witness
A fact witness is 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 an opinion**, address issues that they do not have personal knowledge of or respond to hypothetical situations" (APA, 1998, p. 7). An expert witness is 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.
47
# Ethics Malpractice
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
48
# Ethics Sexual Misconduct by therapists
Research on sexual misconduct has found that **male** therapists engage in sexual and other dual relationships with clients much more often than female therapists. The data also show that male therapists who engage in sexual misconduct are **usually older than the female clients** they become involved with, with the average therapist being between **42 and 44** and the client being between 30 and 33. No consistent relationship has been found between risk for sexual misconduct and theoretical orientation, professional experience, or education (Pope et al., 1993).
49
# Ethics Subpoena
1. The first step is to determine if the subpoena is a legally valid demand. 2. If the subpoena is valid, a formal response is required, but the psychologist should first contact the client to discuss the implications of providing the requested information. 3. If the client consents to disclosure and there is no valid reason for withholding the information, the psychologist should provide the requested information. If the client does not consent, the psychologist or his/her attorney can attempt to negotiate with the party who issued the subpoena. 4. If the client does not consent and the requesting party continues to demand that the information be provided, the psychologist can seek guidance from the court informally through a letter or have his/her attorney file a motion to quash the subpoena or a motion for a protective order
50
# Ethics Cost analysis
Cost analysis refers to techniques that are used to assess the costs of an intervention in order to facilitate decision-making about the intervention. Methods of cost analysis include cost-benefit, cost-effectiveness, cost-utility, cost-feasibility, cost-minimization analysis, and cost-offset analysis.
51
# Ethics cost benefit analysis
- comparing costs and benefits of an intervention in monetary terms - can be hard to assign a monetary cost to an outcome
52
# Ethics cost effectiveness analysis
costs are expressed in monetary terms and outcomes are expressed in measurable but nonmonetary terms
53
# Ethics cost utility analysis
comparing costs with value of outcomes in terms of healthy years of life "quality-adjusted life-years"
54
# Ethics cost feasilbility analysis
* feasibility of one or more interventions on the basis of monetary and other resources they would require * (no consideration of outcome)
55
# Ethics cost minimization analysis
used to determine the least costly option that produces equivalent results
56
# Ethics cost offset analysis
used to determine reduction in medical costs obtained by providing a mental health or other non-medical intervention