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162 Cards in this Set

  • Front
  • Back
....................ETHICS
Preamble and General Principles
versus
Ethical Code
aspirational / nonenforceable / can't be disciplined
versus
mandatory / enforceable / can be disciplined
....................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
....................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
....................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4 - not have rigid rules that can be outdated
....................ETHICS
Language of Ethics Code
Modifiers - "Reasonable" means?
means the prevailing professional judgmt of psychologists
....................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
....................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
....................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
....................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
....................ETHICS
General Principles
- Integrity
- promote accuracy, honesty, truthfulness
...............ETHICS
STANDARD
- misuse of psychology work
- must take reasonable steps to correct or minimize misuse/misrepsentation
...............ETHICS
STANDARD
- conflict bet code and law
- make commit to code known
- clarify nature of conflict
- if possible resolve conflict to stick to code
...............ETHICS
STANDARD
- informal resolve of violation
- informal - bring to attention of person
ONLY IF THIS DOES NOT VIOLATE CONFIDENTIALITY
...............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
...............ETHICS
STANDARD
- cooperate with ethics invest
- must deal with CONFIDENTIALITY first & get release of info from client
- not cooperative is to violate
...............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)
..........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
..........ETHICS
STANDARDS - emergencies
- discontinue service when crisis ended or appropriate services available
..........ETHICS
STANDARDS - work based on
scientific and prof knowledge
..........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
..........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
..........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
..........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
..........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
..........ETHICS
STANDARDS - discrimination
cannot knowingly harass or demean person based on their age/gender/sex orient/race/etc...
..........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
..........ETHICS
STANDARDS - when not to go into multiple relationshp
- when can interview PSY's objectivty/comptnc in duties
- is exploitative/harmful to client
..........ETHICS
STANDARDS - if required by law to have multiple relationship
- at outset clarify role expectations and extent of confidentiality and as changes occur
..........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
..........ETHICS
STANDARDS - informed consent means
- use lang client can reasonably understand unless:
(1) doing duty w/o consent by law
(2) minor
(3) ??
-
..........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)
..........ETHICS
STANDARDS - what to do with consent when court ordered
- tell client nature of services, if services court ordered and limits of confidentiality
..........ETHICS
STANDARDS - recording of consent
must document written or oral consent, permission and assent
..........ETHICS
STANDARDS - what to do if client stirs feelings of anger or emotions to you
refer to another PSY
..........ETHICS
STANDARDS - what to do if client threatens to harm PSY
- terminate services
- does NOT constitute discrimination
..........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)
..........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
..........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
..........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
..........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
..........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
..........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
..........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
..........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
..........ETHICS
STANDARDS - when to get consent to services
as early as feasbile
..........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
..........ETHICS
STANDARDS - what to do when PSY offer services via electronic transmission
- tell client of risks to privacy and limits to confidentiality
..........ETHICS
STANDARDS - for recording voices/images of clients
must get consent
..........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
..........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)
..........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
-
...............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)
...............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
...............ETHICS
STANDARDS - what is most ethically troubling isseu
confidentiality
...............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)
...............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
...............ETHICS
STANDARDS - acceptable breaches of confidentiality
1 - client danger to self or others
2 - client abuse of child/elder/dependent
...............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
...............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
...............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
...............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
...............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
...............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
...............ETHICS
STANDARDS - what info should be given for announcements of workshops/lectures
1 - intended audience
2 - educ objectives
3 - presenters
4 - fees
...............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
...............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)
...............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
...............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
...............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
...............ETHICS
STANDARDS - when to talk about fees
early as feasible
...............ETHICS
STANDARDS - when to barter
1 - if it is NOT clinically contraindicated
2 - if arrangements are NOT exploitative
...............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
...............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)
...............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
...............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
...............ETHICS
STANDARDS - what to disclose when providing infor on outdated material
- report nature of outdated info and its limited utility
...............ETHICS
STANDARDS - who covers client access to their records
NOT Ethics code -> it's done by federal/state/prov law and institutional regulations
...............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
...............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
...............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
...............ETHICS
STANDARDS - options for students in program requiring ind or group therapy
- option of selecting therapy from PSY unaffilated with program
...............ETHICS
STANDARDS - when you can have sex with students
1 - not in your department
2 - former students/supervisee
...............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
...............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
...............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)
..........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
..........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
..........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
..........ETHICS
STANDARDS - how to care for animals in research - what laws to follow
- current fed, state, local laws and regulations
..........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
..........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
..........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
..........ETHICS
STANDARDS - examples of deception
- misrepresenting purpose / procedures of research
- usign confederates
- obs clients when they dont know
..........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
..........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
..........ETHICS
STANDARDS - what does test data include
- raw/scaled scores
- client responses to test quest/stimuli
- PSY notes - client statements & beh in interview
..........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
..........ETHICS
STANDARDS - when can psych assessments be used by unqualified
when used for training and under supervision
..........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
..........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
...............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
...............ETHICS
STANDARDS - FORENSIC PSY - what to do if client cant give consent
- give notice to legal representation in advance of assessment
...............ETHICS
STANDARDS - FORENSIC PSY - what to do if legal representation objects to assessment
- notify court issuing the order and respond as directed
...............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
...............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
...............ETHICS
STANDARDS - what to do if client cant affort further tx
- continue tx at mutually agreed reduced fee
- help client find alternative services
...............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
...............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
...............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
...............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
...............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
...............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
...............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
...............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
...............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
...............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
...............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)
...............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
...............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
...............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
...............ETHICS
GUIDELINES FOR ETHNIC, LING, CULTURE - your own ethnic background what to do
be aware of how own ethnic background influence your services
...............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
...............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
...............ETHICS
GUIDELINES FOR ETHNIC, LING, CULTURE - emphasis of guideline
importance of competence and suggestions for incorporating cultural issues and knowledge into practice
...............ETHICS
GUIDELINES FOR CHILD CUSTODY EVALUATIONS - purpose of child custody eval
to assess the best psychological interests of the child
...............ETHICS
GUIDELINES FOR CHILD CUSTODY EVALUATIONS - focus of evaluation
on parenting capacity, psychological and developmental needs of child and resulting fit
...............ETHICS
GUIDELINES FOR CHILD CUSTODY EVALUATIONS - role of PSY in preparing for eval
a professional expert who strives to maintain objective, impartial stance
...............ETHICS
GUIDELINES FOR CHILD CUSTODY EVALUATIONS - when can testify if in multiple relshp
when acting as FACT WITNESS
...............ETHICS
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
...............ETHICS
GUIDELINES FOR CHILD CUSTODY EVALUATIONS - geal
to promote proficiency in using psychological expertise in conducting child custody evaluations
...............ETHICS
LICENSURE - goal of licensure
to protect public by limiting licensure to those qualified to practice as defined by law
...............ETHICS
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
...............ETHICS
EPPP - goal
- requirement for licensure in US and Canada
- goal = to evaluate knowledge person seeking licensure should know
...............ETHICS
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
...............ETHICS
EPPP - if to grieve process where to go
go to state or provincial psychology board who will then deal with ASPPB if need
...............ETHICS
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
...............ETHICS
MALPRACTICE - malpractice means
a civil suit where client must prove his claim by preponderance of evidence = establish PSY breached standard of care
...............ETHICS
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
...............ETHICS
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
...............ETHICS
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
...............ETHICS
SEXUAL MISCONDUCT - no relshp found in what factors
- theoretical orientations of PSY
- prof experience
- education
...............ETHICS
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
...............ETHICS
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
...............ETHICS
TESTIFYING IN COURT - what to do if asked of confidential info
- assert PSY-patient privilege and refuse to provide info until ordered by court
...............ETHICS
MANAGED HEALTH CARE - why have this
to balance access, quality and costs of PSY services
...............ETHICS
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
...............ETHICS
MANAGED HEALTH CARE - types
- staff model health maintenance org
- perferred provider org (PPO)
- independent practioners assoc (IPA)
...............ETHICS
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
...............ETHICS
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
...............ETHICS
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
...............ETHICS
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
...............ETHICS
HIPPA - privacy rule distinguishes bet
protected health infor (PHI) and psychotherapy notes
...............ETHICS
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
...............ETHICS
HIPPA - what to do with psychotherapy notes
- you need client consent to release these to 3rd party
...............ETHICS
HIPPA - when triggered for PSY
when PSY or someone acting for PSY transmits health info in an electronic form
...............ETHICS
METHODS OF COST ANALYSIS - why do it
to determine optimal allocation of financial resources
...............ETHICS
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
...............ETHICS
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
...............ETHICS
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
...............ETHICS
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
...............ETHICS
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
...............ETHICS
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