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162 Cards in this Set
- Front
- Back
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....................ETHICS
Preamble and General Principles versus Ethical Code |
aspirational / nonenforceable / can't be disciplined
versus mandatory / enforceable / can be disciplined |
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....................ETHICS
Ethics Code when it cannot be applied |
- can only be applied for psychologist's activites as part of their professional duties, not personal life UNLESS member was convicted of felony
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....................ETHICS
discipline from Ethics Code |
- can't say not aware/misundrstnd code as defense to charge
- violate code can lead to sanctions by others (state psych assoc, psych boards, state/fed agencies, payors of health services) - APA can take action AFTER conviction, discipline from other boards - only in-person hearing for expulsion sanction - for lesser sanctns submit record - violate code can't be use for civil liability |
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....................ETHICS
Language of Ethics Code Modifiers & used for? |
- modifiers (reasonable, appropriate, potentially)
- used for: 1 - allow prof judgmt 2 - eliminate injust/inequal 3 - have applicable across psych duties 4 - not have rigid rules that can be outdated |
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....................ETHICS
Language of Ethics Code Modifiers - "Reasonable" means? |
means the prevailing professional judgmt of psychologists
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....................ETHICS
what to do when conflict bet Ethics Code and law |
- always use higher standard
- make law know comitmnt to Code but if can't resolve, ensure human rights |
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....................ETHICS
Goal of Ethics Code |
- welfare and protection of individuals/groups that psychologist works with
- education of members, students, public on ethical stardards of discipline |
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....................ETHICS
General Principles - Beneficence & Nonmaleficience |
- strive to benefit others
- do no / minimize harm - safeguard welfare & rights - be aware of own health effect on working with others |
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....................ETHICS
General Principles - Fidelity & Responsibility |
- get trust from others
- accept respon of own beh - consult with others to serve others - concern self with other psych's conduct - give some pro bono |
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....................ETHICS
General Principles - Integrity |
- promote accuracy, honesty, truthfulness
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...............ETHICS
STANDARD - misuse of psychology work |
- must take reasonable steps to correct or minimize misuse/misrepsentation
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...............ETHICS
STANDARD - conflict bet code and law |
- make commit to code known
- clarify nature of conflict - if possible resolve conflict to stick to code |
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...............ETHICS
STANDARD - informal resolve of violation |
- informal - bring to attention of person
ONLY IF THIS DOES NOT VIOLATE CONFIDENTIALITY |
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...............ETHICS
STANDARD - when to report violation |
- if (1) SUBSTANTIAL HARM (up to you) or likely sub harm
- (2) not revolved by informal - DOES NOT APPLY if violates confidentiality - DOES NOT APPLY if PSY retained to review other's conduct in question |
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...............ETHICS
STANDARD - cooperate with ethics invest |
- must deal with CONFIDENTIALITY first & get release of info from client
- not cooperative is to violate |
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...............ETHICS
STANDARD - discriminate against PSY |
- do NOT deny work, promotion, admit to programs, tenure --> based soley on PSY made complaint or subject of complaint (can AFTER the complaint process)
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..........ETHICS
STANDARDS - boundries of competence |
- based on educ, training, supervision, consultation, study, prof exp
- get competence in sub areas of factors related to age, gender, identity, race, culture, religion, sex orient, disability, lang, SES OR MAKE REFERRAL - if providing new services - get educ/train/sup/consult & do so that minimizes client harm - if asked to provide and no comptnc - PSY with close training but also use research/training/consult/study - if new psych area - protect welfare of client & and tell client technique is new |
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..........ETHICS
STANDARDS - emergencies |
- discontinue service when crisis ended or appropriate services available
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..........ETHICS
STANDARDS - work based on |
scientific and prof knowledge
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..........ETHICS
STANDARDS - if you delegate work |
- ensure
1 - avoid person has multiple relshp with client 2 - person has comptnc based on educ/train/exp independently or with supervision being provided 3 - see that person does job competently |
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..........ETHICS
STANDARDS - what to do when personal problems |
- stop services if personal problems will prevent competent work
- when aware personal problems may interfere -> seek therapy, refer client, get consult, determine if suspend/limit/terminate work-related duties |
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..........ETHICS
STANDARDS - supervising - how to ensure competence (most important) |
- regular performance feedback
- no timely feedback is main complaint from supervisory reshp - students say inadeq perf eval and monitoring the highest ethical violation of their supervisor |
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..........ETHICS
STANDARDS - vicarious liability |
supervisor/employer may be legally responsible for actions of their supervisees
- vicarious liability depends on 1 - disparity of training and exp between sup and supvisee 2 - right/ability/resp of sup to control actions of supvisee |
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..........ETHICS
STANDARDS - sexual harassment |
1 - unwelcome/offensive/ creates hostile environ and PSY is told/knows --OR--
2 - is severe/intense to be abusive to reasonable person |
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..........ETHICS
STANDARDS - discrimination |
cannot knowingly harass or demean person based on their age/gender/sex orient/race/etc...
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..........ETHICS
STANDARDS -multiple relationships means |
when PSY in professional role with person and
1 - same time has another role with client 2 - same time has relshp with persnly close / related to client 3 - promises to enter into another relshp in future with client or close person |
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..........ETHICS
STANDARDS - when not to go into multiple relationshp |
- when can interview PSY's objectivty/comptnc in duties
- is exploitative/harmful to client |
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..........ETHICS
STANDARDS - if required by law to have multiple relationship |
- at outset clarify role expectations and extent of confidentiality and as changes occur
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..........ETHICS
STANDARDS - what to do when PSY agrees to services via 3rd party |
- at outset clarify nature of relshp with all
- info to give - role of PSY, id client, say uses of srvc or info received, say any limits to confidentiality |
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..........ETHICS
STANDARDS - informed consent means |
- use lang client can reasonably understand unless:
(1) doing duty w/o consent by law (2) minor (3) ?? - |
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..........ETHICS
STANDARDS - what to do if client legally incapable to give consent |
1 - provide appropriate explanation
2 - see client's assent 3 - consider client's preferences/interests 4 - get permission from legally authorized person (if you can't get this, protect welfare of client) |
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..........ETHICS
STANDARDS - what to do with consent when court ordered |
- tell client nature of services, if services court ordered and limits of confidentiality
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..........ETHICS
STANDARDS - recording of consent |
must document written or oral consent, permission and assent
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..........ETHICS
STANDARDS - what to do if client stirs feelings of anger or emotions to you |
refer to another PSY
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..........ETHICS
STANDARDS - what to do if client threatens to harm PSY |
- terminate services
- does NOT constitute discrimination |
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..........ETHICS
STANDARDS - what is quid pro quo versus hostile environment |
- like hostile environment in sexual harassment
- quid pro quo = need to trade sex for promotion, raise, job benefit - host environment = sex offensive beh that make if hard to work at job (sex gestures, jobs, pic, remarks) |
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..........ETHICS
STANDARDS - what to do for "chance encounters" with clients outside of services |
- do a "you first" policy - let the client decide if she will acknowledge you
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..........ETHICS
STANDARDS - what PYS can testify in custody court proceedings if previously providing services to child or family |
- act as FACT WITNESS regarding the treatment of the child
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..........ETHICS
STANDARDS - when sex with client and when NOT |
- can have sex:
- 2 years after end of services & then in the most unusual circumstances - CANNOT have sex - with client during duty - with relatives/close assoc during duty |
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..........ETHICS
STANDARDS - 3 factors to consider for accepting multiple relshps |
1 - POWER DIFFERENTIAL - diff in power bet PSY and client
2 - DURATION OF RELSHP - longer the relshp, more dubious to accept mult relshp 3 - CLARITY OF TERMINATION - what is chance client will want more services in future |
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..........ETHICS
STANDARDS - 3 conditions of consent |
1 - CAPACITY - client can make rational decision
2 - COMPREHENSION - client given adequate info 3 - VOLUNTARINESS - client gives consent freely |
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..........ETHICS
STANDARDS - info to give to client for consent |
1 - nature & course of services
2 - fees 3 - involvement of 3rd party 4 - limts of confidentiality |
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..........ETHICS
STANDARDS - info to give to research clients for consent |
1 - purpose of research/duration/procedures
2 - right to decline/withdraw 3 - consequences of decline/withdraw 4 - factrs to influence willingness to particpate 5 - research benefits 6 - limts of confidentialty 7 - incentives to participate 8 - who to call for questns |
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..........ETHICS
STANDARDS - what to do with new procedures/experimental services |
- inform client
- develpg nature of service - risks involved - alternative services - client can volunteer to participate |
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..........ETHICS
STANDARDS - when to get consent to services |
as early as feasbile
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..........ETHICS
STANDARDS - minors can get services WITHOUT parental consent - what to do when parents disagree with consent |
- seek guidance from court
- court can order services or appoint GUARDIAN AD LITEM to make service decisions for minor |
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..........ETHICS
STANDARDS - what to do when PSY offer services via electronic transmission |
- tell client of risks to privacy and limits to confidentiality
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..........ETHICS
STANDARDS - for recording voices/images of clients |
must get consent
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..........ETHICS
STANDARDS - amount of info to record from session |
- only info germane to purpose of session
- discuss confidential info only for appropriate purpose and only with others concerned with matters |
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..........ETHICS
STANDARDS - when to disclose confidential info w/o client consent |
- when mandated by law
- when permitted by law: - to provide needed services - to get prof consult - to protect client/PSY/others from harm - to get payment for services (only info necessary to give) |
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..........ETHICS
STANDARDS - when consulting with prof - what info NOT to give |
- personal identifiers of client UNLESS prior consent by client or UNLESS infor given cannot be avoided
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...............ETHICS
STANDARDS - CONFIDENITIALITY versus PRICACE versus PRIVILEGE |
CONFIDENTIALITY = obligation to PSY to protect client fron unauthorized disclose of info
PRIVACY = clients choose when they want to disclose info (if private info in therapy expected by client not to be shared, treat info as confidential PRIVILEGE = legal concept to protect client's confidentiality in context of legal proceedings (client is holder of privilege) |
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...............ETHICS
STANDARDS - when exceptions to privilege |
1 - waivers - client consents release
2 - mandatory reporting - client involved in child/elder/dependent abuse 3 - danger to self or others 4 - legal/regulatory actions - client suing/complaint of PSY OR is party in a custody dispute OR subject to court-ordered asessmnt |
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...............ETHICS
STANDARDS - what is most ethically troubling isseu |
confidentiality
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...............ETHICS
STANDARDS - who is holder of privilege and right to be informed on info for minors |
parents or legal guardians (can agree amongst each other on limits of info given but not legally binding)
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...............ETHICS
STANDARDS - confidentility of dead client |
NOT covered in Ethics
- covered by state laws - generally say release of info only to EXECUTOR OR ADMINISTRATOR OF CLIENT'S ESTATE |
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...............ETHICS
STANDARDS - acceptable breaches of confidentiality |
1 - client danger to self or others
2 - client abuse of child/elder/dependent |
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...............ETHICS
STANDARDS - update on Tarasoff decision |
- change from "duty to warn" to DUTY TO PROTECT victim, notify police or other steps
- NOT REPORT WHEN 1 - client says kills person years ago and not ques by police 2 - says bro is talking of killing boss 3 - says mad enough to kill |
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...............ETHICS
STANDARDS - what is rules for informing AIDS victims |
1 legal duty to protect victim should not be imposed
2 if legally told to only: - if identified victim - if victim doesn't know - client asked to inform but says he won't or unreliable in doing so - contact victim in front of client |
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...............ETHICS
STANDARDS - child abuse reporting |
1 - no time limit on reporting as long as child still a minor
2 - PSY ranged immunity from civil or criminal liability |
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...............ETHICS
STANDARDS - what are public statements in form of |
advertising, product endorse, grant applic, licencing app, credentialing app, brochures, directory listg, resume, media comments, statements in legal proceedings, lecture/oral prestntns, published material
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...............ETHICS
STANDARDS - what should not be deceptive or false in their statements |
1 - training/exp/competence
2 - academic degrees 3 - credentials 4 - inst/assoc affliations 5 - services 6 - scient/clinical results 7 - fees 8 - publications/research findings |
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...............ETHICS
STANDARDS - statements made by others for PSY |
- PSY prof responsible for statements
- do NOT compensate media people for their publicity in news - PSY state if advertisement was PAID |
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...............ETHICS
STANDARDS - what info should be given for announcements of workshops/lectures |
1 - intended audience
2 - educ objectives 3 - presenters 4 - fees |
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...............ETHICS
STANDARDS - rules for statements/advice in media / radio shows |
ensure statements:
1 - based on prof knowledge/training 2 - consistent with Ethics 3 - do NOT say prof relshp has been formed with recipient/listener |
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...............ETHICS
STANDARDS - who NOT to get testimonials from |
NOT from current clients or persons who due to their situation may be vulnerable to undue influence (current students)
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...............ETHICS
STANDARDS - solicitiation to provide services - what are the rules |
- NOT IN-PERSON solicit (e.g., following police to crime scene) UNLESS INVITED
- telepone contacts are IN-PERSON |
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...............ETHICS
STANDARDS - why create/maintain/dispose records |
1 - to facilitate services given later by them or others
2 - allow replication of research 3 - meet institutional needs 4 - ensure accuracy of billing 5 - ensure compliance with law |
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...............ETHICS
STANDARDS - can you withhold records due to unpaid bills by client |
NO for emergency
- if you plan to use collection agency to get money - must inform client first and give time to client to pay |
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...............ETHICS
STANDARDS - when to talk about fees |
early as feasible
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...............ETHICS
STANDARDS - when to barter |
1 - if it is NOT clinically contraindicated
2 - if arrangements are NOT exploitative |
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...............ETHICS
STANDARDS - what to report to payors of service |
1 - nature of service/research
2 - fees 3 - charges or payments 4 - identify PSY 5 - give findings/diagnosis |
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...............ETHICS
STANDARDS - what to do if fees divided by PSY |
based only on services provided by each NOT based on referral (no referral fee unless a referal agency)
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...............ETHICS
STANDARDS - what MUST records of info contain at minimum |
- identifiers
- dates of services - types of service - fees - assessment reports - intervention plans - releases of infor |
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...............ETHICS
STANDARDS - who has final say for record retention and what does Ethics Code say |
- laws and regulations supercede Ethics code (even if say for shorter times)
- Ethics code - keep complete records for at least 3 years - records/summary kept for 12 more years |
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...............ETHICS
STANDARDS - what to disclose when providing infor on outdated material |
- report nature of outdated info and its limited utility
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...............ETHICS
STANDARDS - who covers client access to their records |
NOT Ethics code -> it's done by federal/state/prov law and institutional regulations
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...............ETHICS
STANDARDS - what is Health Insurance Portability and Accountability Act (HIPAA) |
- says client allowed PHI (protected health info) which has info used by health care prof relating to client's physical and mental health care that could be used to identify client
- BUT client NOT ALLOWED PSY psychotherapy notes |
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...............ETHICS
STANDARDS - what is Family Eduation Rights and Privacy Act |
- cannot release of identifier info from student records w/o consent of parents or students older then 18
- allows parents/students to see educ records EXCEPT - personal logs in the sole possession of personnel - PSY records when used in treatment of student |
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...............ETHICS
STANDARDS - when student must disclose personal info to supervisor or school |
1 - if program identifies this requirement in admission
2 - info is necessary to evaluate/get assistance from students whose personal problems could be judged to prevent them from performing their training in competent manner or pose threat to others |
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...............ETHICS
STANDARDS - options for students in program requiring ind or group therapy |
- option of selecting therapy from PSY unaffilated with program
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...............ETHICS
STANDARDS - when you can have sex with students |
1 - not in your department
2 - former students/supervisee |
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...............ETHICS
STANDARDS - what participants of research should be told |
1 - purpose of research/time/procedure
2 - right to decline/withdraw 3 - consequences of dec/withd 4 - factors that may influence wanting to participate 5 - research benefits 6 - limits of confidentiality 7 - incentives to participate 8 - who to call for questns |
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...............ETHICS
STANDARDS - what particants of intervention research should be told |
1 - experimental nature of tx
2 - services given to/not given to control group 3 - way exp and control group assigned 4 - tx alternatives if client doesn't want to participate or withdraws 5 - compensation |
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...............ETHICS
STANDARDS - must get consent to record voice/images EXCEPT: |
1 - if only naturalistic obs and no identifiers
2 - research includes deception (then consent obtained at debriefing) |
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..........ETHICS
STANDARDS - when consent not needed for research |
(a) PERMITED BY LAW/FED/INST REGULATIONS
(b) DOES NOT CAUSE HARM / DISTRESS & 1 - study of educ practices, curricula or classrom mangment methods 2 - anonymous questnrs, naturalistic obs, archival research which would not put clients at risk for criminal or civil liability, or damage finances, employ, reputation, confidentiality 3 - factors related to job/org effectiveness with no risk to client employ or confidentiality |
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..........ETHICS
STANDARDS - what incentives can you provide research participants |
- no excessive/inappropriate finances
- prof services - but let them know nature of service, risk, obligations, limits |
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..........ETHICS
STANDARDS - what can / cannot use deception in research |
- if justifies sign scien/educ/applied value
- if alternative ways not feasible - NOT when causing physical pain or severe emot distress |
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..........ETHICS
STANDARDS - how to care for animals in research - what laws to follow |
- current fed, state, local laws and regulations
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..........ETHICS
STANDARDS - how to use animals in research |
- minimize discomfort, infection, illness, pain
- only use pain/stress/privation when alternative ways not avail and value to research - perform surgical proc under anesthesia - terminate life quickly, minimize pain and accepted proc |
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..........ETHICS
STANDARDS - what credit can you take in publications |
- only for work you actually performed or substantially contributed
- authorship - basd on contribution (not position) - student takes principle authorship for dissertations |
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..........ETHICS
STANDARDS - sharing research data after publication - what is ethics |
- cannot hold back data from competent prof who seek to verify substantive claims and intent to use data ONLY for that purpose --> must ensure confidentiality of clients
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..........ETHICS
STANDARDS - examples of deception |
- misrepresenting purpose / procedures of research
- usign confederates - obs clients when they dont know |
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..........ETHICS
STANDARDS - assessments based on examining clients - what if you can't examine |
state
- efforts made to exam - results of efforts - clarify limits to info obtained on reliabilty & validity of conclusions - limit nature/extent of conclusions |
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..........ETHICS
STANDARDS - when you don't need consent for assessment |
- mandated by law
- consent implied due to test conducted as routine educ/inst/org activity - testing is done to evaluate decisional capacity |
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..........ETHICS
STANDARDS - what does test data include |
- raw/scaled scores
- client responses to test quest/stimuli - PSY notes - client statements & beh in interview |
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..........ETHICS
STANDARDS - releasing test data to clients or others - can you limit release |
- can release test data
- can refrain from releasing test data if to protect client from harm or misuse/misrepsenting data - in absence of client release - PSY can release by court order or law |
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..........ETHICS
STANDARDS - when can psych assessments be used by unqualified |
when used for training and under supervision
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..........ETHICS
STANDARDS - if PSY doing assessment for another prof - what info to provide on test |
- purpose of test
- norms - validity/reliability - applications of test - special qualifications to use test |
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..........ETHICS
STANDARDS - who is responsible for appropriate application, interpretation, use of test |
the PSY regardless if he did the test/scoring or had someone else do it
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...............ETHICS
STANDARDS - when do you not explain results of tests to client |
when test done for 3rd party such as for org consulting, pre-employ or security screenings, forensic evaluations
- if you dont explain results of test to client --> tell them in advance |
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...............ETHICS
STANDARDS - FORENSIC PSY - what to do if client cant give consent |
- give notice to legal representation in advance of assessment
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...............ETHICS
STANDARDS - FORENSIC PSY - what to do if legal representation objects to assessment |
- notify court issuing the order and respond as directed
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...............ETHICS
STANDARDS - what to do if providig services to client already getting service from prof elsewhere |
- consider tx issues and client's welfare
- minimize confusion/conflict - consult with other prof when appropriate |
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...............ETHICS
STANDARDS - when to terminate therapy |
- when it becomes clear that client doesn't need tx is not to benefit from more tx or is being harmed by the tx
- when terminating (except when actions of client/3rd party payeors) - ensure pre-termination counseling and give alternative services |
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...............ETHICS
STANDARDS - what to do if client cant affort further tx |
- continue tx at mutually agreed reduced fee
- help client find alternative services |
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...............ETHICS
GENERAL GUIDELINES FOR PSY PROVIDERS - goal of general guidelines |
- as an aspirational statement for psychologists
- goal = to improve the quality, effectiveness & accessiblity of psych services (the minimum qualifications for psych services) - does NOT include services such as teaching psych, conducting research, writing/editing manuscrpts |
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...............ETHICS
GENERAL GUIDELINES FOR PSY PROVIDERS - 3 sections of guidelines |
1 - PROVIDERS - focus on responsibility and competence
2 - PROGRAMS - what types of services to provide (a) responsive to needs of client; (b) service consistent with ETHICS code; (c) consult with others if need; (d) maintain good records; (e) ensure confidentiality 3 - ACCOUNTABILITY - (a) human welfare primary principle; (b) evaluation of services; (c) contribute part of the services for free/little fees |
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...............ETHICS
SPECIALITY GUIDELINES FOR PSY PROVIDERS - why have these |
- to educate publice, profession, interested parties regarding speciality prof practices and to facilitate continued systematic developmentof profession
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...............ETHICS
SPECIALITY GUIDELINES FOR FORENSIC PSY - goal |
to improve quality of forensic psych services and to enhance forensic psych as a discipline and profession
- is aspirational |
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...............ETHICS
SPECIALITY GUIDELINES FOR FORENSIC PSY - what does forensic psych mean |
all forms of prof conduct when acting as psych expert on psycholegal issues, assisting court/parties to legal proceedings/corr or for mental health facilities and administrative, judicial and legislative agencies acting in adjudicative capacity
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...............ETHICS
SPECIALITY GUIDELINES FOR FORENSIC PSY - when can't do services to parties to legal proceeding on basis of "CONTINGENT FEES" |
- when services involve offering expert testimony to court of administrative body
- when they call on PYS to make affirmations or representations intended to be relied upon by 3rd parties |
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...............ETHICS
SPECIALITY GUIDELINES FOR FORENSIC PSY - type of consent |
- get consent from client, party or legal representative UNLESS court ordered
- if client not legally represented and court ordered - then inform court first |
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...............ETHICS
SPECIALITY GUIDELINES FOR FORENSIC PSY - only type of statements by defendent admitted into court as evidence |
- only those statements made by defendent on an issue respecting mental condition on which the client has introduced testimony
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...............ETHICS
SPECIALITY GUIDELINES FOR FORENSIC PSY - what cautions to use prior to trial phase |
- caution in reporting or offering testimony prior to client's assertion of mental state claim or his introduction of testimony regarding a mental condition
- avoid including statements from client's relating to time period of alleged offense |
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...............ETHICS
SPECIALITY GUIDELINES FOR FORENSIC PSY - once at trial stage and all pretrial mental health such as competency resolved - what PSY can say in court |
- any statements made by client directly relevant to supporting your expert evidence, providing client introduced mental state evidence or testimony
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...............ETHICS
SPECIALITY GUIDELINES FOR FORENSIC PSY - what to do for public statements |
- avoid if can BUT if justification to do so
- ONLY provide accurate representation of your role/evidence - DO NOT advocate position of parties (def or plaintiff) |
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...............ETHICS
SPECIALITY GUIDELINES FOR FORENSIC PSY - difference bet this guideline and other speciality guidelines |
does NOT provide minimum qualifications of educ and training but FOCUS is on professional practice issues in context of forensic work
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...............ETHICS
GUIDELINES FOR ETHNIC, LING, CULTURE - what PSY should go generally in providing info to clients |
1 provide info in writing & oral
2 provide written in understandable language |
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...............ETHICS
GUIDELINES FOR ETHNIC, LING, CULTURE - what to keep in mind for ethnic differences |
1 acknowledge ethnic impact on beh and take these factors in account in duties
2 get educ/train to understand need of ethnic pop 3 see limits of your competence and get consult or make referrals 4 consider validity of test and interpretation given ethnic background of client |
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...............ETHICS
GUIDELINES FOR ETHNIC, LING, CULTURE - your own ethnic background what to do |
be aware of how own ethnic background influence your services
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...............ETHICS
GUIDELINES FOR ETHNIC, LING, CULTURE - what to help client with regards to his own ethnic background |
- help increase client's awareness of their ethnic backgrnd
- facilitate discovery ways clients can apply this awareness to their own lives and society at large - help client find out if his problem stems from racism or bias in others (HEALTHY PARANOIA = ethnic person develop defensive beh in response to discrimination |
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...............ETHICS
GUIDELINES FOR ETHNIC, LING, CULTURE - what culturally relevant info to document |
1 # of generations in country
2 # of years in country 3 fluency in English 4 extent of family support 5 community resources 6 level of education 7 change in social status due to coming to country 8 intimate relshp with people of diff backgrnds 9 level of stress due to acculturation |
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...............ETHICS
GUIDELINES FOR ETHNIC, LING, CULTURE - emphasis of guideline |
importance of competence and suggestions for incorporating cultural issues and knowledge into practice
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...............ETHICS
GUIDELINES FOR CHILD CUSTODY EVALUATIONS - purpose of child custody eval |
to assess the best psychological interests of the child
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GUIDELINES FOR CHILD CUSTODY EVALUATIONS - focus of evaluation |
on parenting capacity, psychological and developmental needs of child and resulting fit
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GUIDELINES FOR CHILD CUSTODY EVALUATIONS - role of PSY in preparing for eval |
a professional expert who strives to maintain objective, impartial stance
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GUIDELINES FOR CHILD CUSTODY EVALUATIONS - when can testify if in multiple relshp |
when acting as FACT WITNESS
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GUIDELINES FOR CHILD CUSTODY EVALUATIONS - what NOT to do in eval |
- NO opinion on psych functioning of person not personally evaluated
- BUT can report statements made by clients personally evaluated; address theoretical or hypothetical questions as long as limit on info given is noted |
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GUIDELINES FOR CHILD CUSTODY EVALUATIONS - geal |
to promote proficiency in using psychological expertise in conducting child custody evaluations
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LICENSURE - goal of licensure |
to protect public by limiting licensure to those qualified to practice as defined by law
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LICENSURE - how licensure done |
- set up regulatory agency to protect public by:
1 - determine standards for admission to prof of psych 2 - monitor perf of licensed psy primarily thru reviewing complaints and disciplining |
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EPPP - goal |
- requirement for licensure in US and Canada
- goal = to evaluate knowledge person seeking licensure should know |
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EPPP - validity |
- 3 content validity studies
- 1 study - survey to 7500 licensed psyc (US & Canada) - found 8 content domains which is basis of EPPP areas |
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EPPP - if to grieve process where to go |
go to state or provincial psychology board who will then deal with ASPPB if need
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MALPRACTICE - conditions for malpractice |
1 PSY has prof relshp with client
2 show PSY breached standard of care 3 show client harmed or injured 4 show PSY's breach was proximate cause of client's harm - to get monetary compensation, must measure harm in economic terms |
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MALPRACTICE - malpractice means |
a civil suit where client must prove his claim by preponderance of evidence = establish PSY breached standard of care
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MALPRACTICE - types of damages awarded |
COMPENSATORY DAMAGES
- client should be restored to pre-harm condition - include payments for past/future work loss, medical care, physical/mental pain and suffering NOMINAL DAMAGES - when harm but can't be translated into monetary terms PUNITIVE DAMAGES - to punish PSY - only when PSY did so in reckless, malicious, wilful manner |
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MALPRACTICE - main causes of malpractice suits |
in order of most to least
1 sexual misconduct 2 lack of competence 3 breach of confidenitality 4 improper financial arrangements |
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SEXUAL MISCONDUCT - who does it the most |
male therapist who are older than their clients
- avg age of PSY = 42-44 - avg age of client = 30-33 - BUT recent years show DECLINE in incidents of sexual relshp bet PSY and client |
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SEXUAL MISCONDUCT - no relshp found in what factors |
- theoretical orientations of PSY
- prof experience - education |
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SEXUAL MISCONDUCT - what research says for those who do sexual boundry violations (SBV)and other nonsexual boudn vio |
- no relshp bet SBV as a prof vs as student, supervisee or client
- SBV more - male & older - if SBV then also likely to do nonSBV and accept nonSBV - types of nonSBV - become social friends, give them tickets to games or movies |
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SUBPOENA - what to do if served |
see if subpoena legally valid
- if so then: 1 tell client and discuss implications of providing requested infor - if client consents, no problem - if client doesnt consent - negotiate with party requesting subpoena - if subpoena party still insists - get guidance from court thru letter, or have lawyer quash subpoena/motion for protective order |
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TESTIFYING IN COURT - what to do if asked of confidential info |
- assert PSY-patient privilege and refuse to provide info until ordered by court
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MANAGED HEALTH CARE - why have this |
to balance access, quality and costs of PSY services
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MANAGED HEALTH CARE - goals |
1 limit services to those who need it and elminate wasteful care
2 reduce fees for prof services 3 assess quality of cost-effective services 4 provide source of patient referrals 5 provide PSY within system with timely payment |
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MANAGED HEALTH CARE - types |
- staff model health maintenance org
- perferred provider org (PPO) - independent practioners assoc (IPA) |
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MANAGED HEALTH CARE - common characteristics |
- quick goal setting - brief PSY
- crisis intervention - clear define client and PSY responsibilities - time is flexible and creative - interdiscplnary team approach - use diff modalties of tx - use family practioner model - says tx will be provided intermittently in life tiem - results orientation - review and quality assurance |
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MANAGED HEALTH CARE - legal liability of PSY in this practice |
- PSY not alway able to provide care they think is necessary for client
- if PSY denied additional funds to provide extend care of client - file appeal on behalf of client and if denied this, then tell clients of alternative tx/payment |
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MANAGED HEALTH CARE - reactions to this practice by PSY |
- majority react negatively
- cite neg impact = increased demands for utlization review - most cited prob for quality of care is loss of control voer tx decisions and # of sessions needed - majority also complained of maintaining confidentiality |
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HIPPA - origial purpose and then extended for |
- to ensure Us dont lose their health insurance when changing job or residence
- then expanded for privacy rule - protect info transmitted electronically |
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HIPPA - privacy rule distinguishes bet |
protected health infor (PHI) and psychotherapy notes
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HIPPA - what to do with PHI info (protected health info) |
- get consent before using PHI to do tx, payment, or health care operations
- if want to do more with PHI other than above - get more consent UNLESS need by law or to protect threat to client's health/security - clients have right to inspect PHI and right to amend changes to PHI if incorrect |
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HIPPA - what to do with psychotherapy notes |
- you need client consent to release these to 3rd party
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HIPPA - when triggered for PSY |
when PSY or someone acting for PSY transmits health info in an electronic form
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METHODS OF COST ANALYSIS - why do it |
to determine optimal allocation of financial resources
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METHODS OF COST ANALYSIS - types |
1 COST BENEFIT ANAL
- find cost/ben by money - for comparing diff tx for particular disorder 2 COST EFFECTIVENESS ANAL - find costs & mental health outcomes for 2 or more tx - best when cant use money value to tx outcome 3 COST MINIMIZATION ANAL - least costs to get same results - ex if paraprof as good as PSY 4 COST UTILITY ANAL - money value to quality of life or other client outcome to see impact of txs |
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FORENSIC TERMS - insanity |
legal concept - person not guilty by reason of insanity due to mental disease or defect if he cannot appreciate wrong of his acts or lacks capacity to beh according to law
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FORENSIC TERMS - competence to stand trial |
legal concept - if due to mentl defect or illness lacks ability to consult with lawyer with reasonable rational understanding and rational/factual understanding of proceedings against him
- focus on client's psycholegal abilities and impairments |
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FORENSIC TERMS - fact witness |
who testifies as to what he saw/heard/observed regarding a circumstance, even as it actualy took place
- no opinion allowed, no address issues not involved in and no hypothetical situations |
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FORENSIC TERMS - expert witness |
- person who by reason of educ or specialized exp has superior knowledge on a subject
- can deduce, give opinion, answer hypotheticals |
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FORENSIC TERMS - guardian ship |
a legal right to a person to be responsible for the necessities of another person
- guardian AD LITEM = adult appointed by court to represent and make decisions for person |
