Flashcards in Ethics Deck (53):
Which part of the ethics code is aspirational and nonenforceable?
A. 10 standards
C. General principles
D. Preamble and general principles
D. So they do not serve as a basis for disciplinary action
Vs ethical stds which are enforceable and mandatory
Apa ethics and code can best be summarized by:
1. Welfare and protection of consumers
2. Welfare and protection of individuals and groups they work with and education of members, public re: ethical stds
4. Establish highest stds
2. 2 goals...welfare of users and educate its members and public
Not the job to necessarily punish
And make standards that can hold ppl to so that protects public
What are the 5 principles in the ethics code?
Beneficence and nonmaleficence..
Do no harm; aware own health;don't misuse influence
Fidelity and responsibility
Trust; cooperate, compliance w ethics; pro bono
Integrity..accuracy, honesty, manage deception (correct mistrust)
Access for all
Respect for ppls rights and dignity
To privacy, confidentiality
Respect differences/rid bias
What is the purpose of the ethics code?
Primarily to protect the welfare of the client.
Are there any exceptions to the ethics codes applicability to psychologists private life?
Yes..if there has been conviction of a felony, expulsion or suspension from an affiliated association, suspension or loss of license.
So act with serious consequences leading to felony conviction (rape)..impacts tx fitness
Highly publicized conduct ESP when being a psychologist is highlighted...impacts public trust
Ethics committee may act sua sponte, on its own without receiving a complaint.
Not looked at...failure to pay alimony, traffic tickets..
When reporting ethical violations, what actions are appropriate if an informal resolution does not work?
May include referral to state or national committees on ethics, state licensing boards, or appropriate institutional authorities.
Also, if an informal resolution doesn't seem appropriate because it involves substantial harm, is not appropriate for informal resolution, or not been resolved informally. Can't do any of this if it violated client confidentiality.
Doesn't apply when it would violate confidentiality or if retained to review the work of another psychologist whose conduct is in question.
Once there is a complaint, must cooperate or u r in violation. Making a deferment of adjudication of ethics complaint pending litigation does not alone constitute noncooperation.
When psychologists act as supervisors they can sometimes be legally responsible for their supervises actions. This is called:
Vicarious liability or respondeat superior. They can control actions of supervises and substantial disparity between knowledge, training etc..
When a psychologist has personal problems that interferes with work they need to decide to limit, suspend, or terminate work. What is a useful guideline?
When a psychologist suspects a personal problem mite interfere, consult.
When a psychologist knows that a personal problem impairs his effectiveness, refer.
How is the standard on sexual harassment explained?
Solicitation, advances, verbal or nonverbal conduct that is sexual in nature that occurs in connection w role and is either:
Unwelcome, offensive, creates hostile environment and knows or has been told
Sufficiently severe or intense to be abusive to a reasonable person.
Can be one intense act or multiple, persistent acts
Define multiple relationships.
In a professional role and another role with same person.
Or relationship w person closely related
Or someone promises to enter into another relationship in the future/or w someone closely related
If find in one unforeseen take reasonable steps to resolve
When required by law, institutional policy, extraordinary circumstances to serve in more than one capacity, must clarify expectations, extent of confidentiality, and thereafter as changes occur.
Attending your clients wedding constitutes a multiple relationship.
False...wedding, graduation, occasional encounters at school, church, gym...ok since they are not likely to cause impairment or risk exploitation or harm.
Can u recommend products or services when u have an undisclosed financial interest in the sale of those products or services?
In forensic settings can u accept contingent fees?
Testify as an expert for a tx client?
Is written consent required?
No...must document written oral consent, permission or assent. Written not required but may need it for state laws...
What are the three conditions when confidentiality is not necessarily kept?
Ct waived right
Identifying info is removed or disguised
Breach is required or permitted by law.
Re: insurance company..ensure only authorized ppl have access. Can send a cover letter that states the attached info is confidential and specifies who is authorized to review it.
Re: EAPs. Avoid dilemmas by giving only if appt was kept, if does/not need tx and how long away; I ct accepted or rejected tx.
Discuss the tarasoff decision.
Established the duty to warn.
Then duty to protect by warning the intended victim, notifying the police, or taking other steps
Usually have the duty when a ct poses a clear and imminent danger to an identifiable victim or victims.
No duty..killed in past, know someone who wants to kill, says mad enough to but no intent. Would monitor and make other recs.
HIV...current position..legal duty to protect 3 rd parties should not be imposed.
If legislation..should allow disclosure only if aware if identifiable 3rd party who is at risk, this 3rd party has no reason to suspect or unreliable and providers who act in good faith should be immune from liability.
What is the time limitation on reporting child abuse?
Doesn't matter how much time has passed since the abuse occurred. As long as the victim is still a minor, a report had to be filed. If an adults tells, report doesn't have to be filed unless still think still victimizing. Ie it is a teacher.
During first session w family notice bruises on kid. They saw doc but didn't mention. Kid is quiet. U:
A. Tell parents to have doc call u
B. refer back to doc for eval
C. Get informed consent and file child abuse report
D. File hike abuse report
Want to consult with an expert. U:
A. Get permission from parents before talking to consultant
B. get permission from parents only if u believe u can disguise identity
C. Do not need to Get permission as long as u talk about only relevant info.
D. No permission needed as long as consultant is licensed.
When is barter allowed?
When not clinically contraindicated
Resulting arrangement is not exploitive.
How long required to keep records?
7 years for IRS
7 years following last day of service.
3 years past majority for minor or what ever occurs later...
Fraud includes which?
Billing insurance co for missed appt
Waiving co pay wo agreement
Give inaccurate info (bill wrong tx, sign for supervisee)
When can psychologists dispense with consent for research?
A.! Where research would not reasonably create distress
B. involved normal study of educational practices, curricula, or class mgmt done in educational places
C. Anonymous questionnaires, naturalistic observations, archival research where disclosure does not place ppl at risk
D. Job effectiveness studies in organizational settings where no risk of employability and confidentiality is in check.
E. where law or organizations allow
All. Situations where research is unlikely to result in harm or personal identification.
Consent for recording ppl except when In naturalistic observations unlikely to be identified or harmed.
Deception is involved and consent is obtained at debriefing.
Use if deception in research is permissible when:
A. Value of research outweighs cost
B. no other way to reach goals
C. Not deceived about any part that causes pain or distress
D. Debriefed no later than conclusion of data collection
Except under exceptional circumstances, a student is the principle author based on their dissertation. Dc as early as possible and throughout the research. Second authorship may be obligatory for supervisor if.
A. Designates primary variables, makes major interpretive contributions, or provide data base.
B. if designates general area of concern, substantially involved in design and measurement, or substantially contributes to write up
C. Provides encouragement, facilities, financial support, critique, edits.
B...can be considered a courtesy
Psychologists who want to have sexual intimacy with a former client after two years must show:
A. No exploitation
B. show amt of time and circumstances of termination
C. Cts hx, current mental status, likelihood of adverse impact, nature/type of tx
D. Statements or ax by therapist inviting the possiblity
It is acceptable only in the most unusual circumstances.
Laws may be stricter than ethics code.
No exceptions if had a sexual relationship w someone in the past.
When do tx terminate tx?
A. When it is clear ct no longer needs services or is not likely to benefit or is being harmed by continued use.
B. when threatened, endangered
C.never...up to the client
What should a therapist do when you find out ct is already seeing another therapist for similar services?
B. discuss w ct in a way that minimizes confusion and conflict.
C. Consult the other professional when appropriate
D. Proceed with caution and sensitivity to the therapeutic issues
B, c, d
In some situations it may be appropriate to refuse to provide tx, like the services are identical; ct is trying to triangulate
According to pope, what percent have felt attracted to their clients?
A. 95 percent of males
76 percent of females
B. 76 male
C. 87 male
D. 9.2 male
A. Typically a male therapist in his 40s or 50s; unstable marriage, professionally burned out; depression, sleep problem, and/or alcohol or drug abuse.
Significantly older than cts (tx ave 42/44; ct 30/33
D is how many have acted on it.
Most common reasons for newly opened cases with licensing boards were?
Loss of license in another jurisdiction, sexual misconduct with an adult, inappropriate practice involving child custody, involvement in a non sexual dual relationship.
What are the exceptions to pretermination counseling to avoid abandoning them.
When the actions of the client or 3 party payor cause the termination.
Dr. Bowdens new ct is a member of an ethnic grp that he has little experience with. Ct was referred bc he is an expert in OCD. Tx should:
A. Adopt a color blind perspective
C. Consider if ethnicity will impact tx and determine best course
D. Dc lack of experience w ct and let her decide
C. Situation is ambiguous...don't know level of acculturation.
The purpose of the general guidelines for providers of psychological services is?
Aspirational statements that encourage continual improvement in the quality of practice and service. Tx have same responsibility to uphold them as ethics. General in nature and supplemented by specialty guidelines. Intended to improve quality, effectiveness and accessibility of services. Self regulation in the publics interest.
Anything related to teaching psychology, writing/editing manuscripts, research related don't fall within.
Guidelines for providers of services to ethnic? Linguistic and culturally diverse cts highlights:
If translation is needed do so with someone who doesn't have another role with the ct. Avoid jeopardizing the validity of evaluation or effectiveness of the intervention.
Document cultural and sociopolitical relevant factors in the records: number of generations here, yrs in country, English fluency, education, community resources, change in social status due to being here, level of stress related to acculturation.
Specialty guidelines with forensic psychology tries to help with multiple relationships.
When doing concurrent or sequential therapy and forensic work tx should disclose the potential risk and make efforts to refer. If not possible, consider risks and benefits of all parties and legal system impacted.
Consider separating each service widely in time, seek judicial review and direction, consult. Seek to minimize negative effects.
Also..consider problems in forensic setting from using a diagnosis..consider and qualify opinions and testimony appropriately.
What are the options if a forensic exam is not court ordered and after informed consent ct declines eval?
A. Postpone the exam
B. advise to contact attorney
C. Notify retaining party about unwillingness to proceed
A, b, c
The primary purpose of licensure is?
A.protect the profession
B. provide ethical standards
C. Protect the public by limiting licensure to persons who are qualified as defined by law.
D. Provide recognition for psychologists
What are in the guidelines for reducing bias in language?
Be accurate and specific ( gender not sex; 65 to 70 not over 65; Mexican Americans)
Be sensitive to labels...person with...don't use majority group as standard
What are the four basic types of cost analysis used to evaluate health care interventions in terms of costs and outcomes?
CBA. Cost benefit analysis...monetary terms
CEA. Cost effectiveness analysis
2 plus interventions when benefits are measured but not in $$.
CUA. Cost utility analysis...
Measure with health related quality of life Ie.. Quality adjusted life yrs
CMA cost minimization analysis
2 plus interventions with similar benefits to determine which intervention can be delivered at the lowest cost.
What is the difference between an expert witness and a fact witness?
Expert...special training, skill,..and offers opinion. Can be challenged via cross examination.
Fact..testify what saw, heard etc
Must have consent of ct or court order
What are the steps in responding p a subpoena?
Determine legally valid
If valid, contact ct and dc implications
If consents and no reason to with hold, give info
If no consent, negotiate w request or
Seek informal court guidance via letter or have attorney ole a motion to squash or get protective order
What are the 4 conditions that must be present for a claim of malpractice to be successful?
Duty to treat
Breach of that duty
Harm or injury to client
Causal relationship between breach and harm
What are the 4 options if there is a ethics charge.
Dismiss the charge...write educative letter
Sanctions less than formal charges...reprimand if not likely to cause harm or censure..may cause harm but not substantial to someone or profession. May have to do therapy . Not public
Expel from Apa. Then it becomes public if this is agreed upon. Felony, if expelled from state association, fail to pay due, or lost license.
Offer stipulated resignation...member agreed to things like admitting own guilt,... If refuses they may go after them.
If transmit over Internet?
Inform them of risks and limits of confidentiality.
How is privilege different than confidentiality?
Privilege belongs to client and involves legal proceeding. Legal right to refuse to release confidential information. Ct or legal guardian makes this decision. Can claim on their behalf. What should do if records subpoenaed.
Exceptions to privilege?
Hired by court....inform ct
Court can say exception to privilege
Comply to subpoena of ct says so
Can u ask a current or experiment for a testimonial?
If they offered u can.
Can ask for a testimonial if not under undue influence. Ie...ask expert to write something on book jacket.
Can't solicit cts in person; can ask a business to hire u since no undue influence.
Direct mail solicitation apparently not prohibited.
Informed consent for research must include what?
Comprehensive info to competent individuals and nature it is voluntary.
Free to withdraw at any time
Inform purpose, duration, procedures, risks, limits to confidentiality etc. potential risks, discomfort,...all things to make decision to participate.
Also incentives, who contact w ?, potential benefits. Also given opportunity to ask and have ? Answered.
Exptal tx...must told experimental, how assignment is done, cost of participation or compensation, alternative tx available
When is deception ok?
Value of the research must outweigh the Cost of deception
Alternatives not available
Debrief ASAP. No later than data collection. Hopefully at end of participation. May be delayed or with held of it would cause harm. Must be allowed to withdraw info.
Never deceive if it would cause harm of psych distress.
If harmed, take reasonable steps to minimize.
Also can use deception with archival, naturalistic, observation, anonymous questionnaires .must do consultation first.
Can you say a person has the potential to be violent?
Yes...can say things like test results suggest a strong potential for explosiveness but be clear can't say for sure
Been violent in the past and this is the best Predictive of future violence
Can u accept a client if they are seeing another therapist for same?
Yes if after meet with them and believe other therapist is I adequate. Ct must terminate with other first.
Using the highest standards, when sending pt info electronically to insurance co for billing, you should:
Mark it confidential
Also send a hard copy
Code cts name
Student publishing dissertation. Professor helped with moral and practical support, data analysis, lot review, and summary of results.
Second author...significant contributions
M'naughton rule is most directly related to:
Incompetence to stand trial
Abuse of minors
Insanity defense...used successfully by a paranoid schizophrenic who shot and fatally wounded the secretary of England's prime minister. Basis of insanity defense.
Psychologist brochure for a workshop on tx of agoraphobia must include:
Description of risks involved
Description of intended audience
List of all tx techniques to be discussed.
List of relevant resources used