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58 Cards in this Set

  • Front
  • Back
The Ethics Code sets forth a common set of _______ and ________ that psychologists build their professional and scientific work upon.
Principles
Standards
According to the Ethical Code, what would a psychologist do if the law conflicted with the Ethical Code?
“Make known (his/her) commitment to the Ethics Code and take steps to resolve the conflict” – if this fails, you can then comply with the law.
The five (5) ethical principles fundamental to the practice of psychology, as argued by Kitchner (1984), include:
1) do good or benefit others (beneficence)
2) do no harm (non-malfeasance)
3) respect others’ autonomy
4) act fairly and justly
5) be faithful to commitments
In the APA’s Ethical Principles, the Preamble posits the primary value of the Code:
“has as its goals the welfare and protection of the individuals and groups with whom psychologists work”
What is the difference between a value and ethics?
A value is a belief in right or wrong, whereas an ethic is a standard for practice
What is the difference between a guardian and a guardian ad litum?
A guardian is responsible for necessities of another person, such as medication changes. A guardian ad litum represents/makes decisions for a person in civil legal proceeding.
What are the 5 General Principles in the APA’s Ethical Principles of Psychologists and Code of Conduct?
Principle A: Beneficence and Non-malfeasance
Principle B: Fidelity and Responsibility
Principle C: Integrity
Principle D: Justice
Principle E: Respect for People’s Rights and Dignity
Modifiers used in the Ethics Code (e.g., reasonably, appropriate, potentially) are included to:
1. Allow for professional judgment
2. Eliminate injustice or inequality that would occur without modifier
3. Ensure applicability across broad range of situations
4. Guard against a rigid set of rules that might be quickly outdated
In the Ethics Code, the Preamble and General Principles are ________, whereas the Ethical
Standards are ________.
Aspirational goals
Enforced standards
As used in the Ethics Code, the term _________ means the prevailing judgment of psychologists engaged in similar activities in similar circumstances, given the knowledge the psychologist had or should have had at the time.
Reasonable
The 4 stages of the ethical complaint process are:
1) Inquiry
2) Investigation
3) Adjudication
4) Appeal
_______ is the most frequent ethical issue encountered by psychologists.
Confidentiality
A psychologist should first attempt to address ethical violations by another psychologist informally when:
The violation does not involve substantial harm
A psychologist must make a formal report about an ethical violation when:
“an apparent ethical violation has substantially harmed or is likely to substantially harm a person or organization and is not appropriate for an informal resolution or was not resolved properly in that fashion”
What must psychologists take into consideration before attempting an informal resolution with, or filing a formal complaint against, another psychologist?
Client confidentiality
(if an informal or formal action will violate client confidentiality, the action is prohibited)
What reasonable steps do psychologists take when delegating work to, or using the services of, others (e.g., supervisees, employees)?
1) Avoid delegating work to those who have multiple relationships that would likely lead to exploitation or loss of objectivity
2) Authorize only those responsibilities the person can perform competently given their training/experience/education
3) See that such persons perform those services competently
According to the Ethics Code, ________ is particularly important when using a new or experimental technique.
Informed consent
(Make the client aware of the fact that the technique is new or experimental and take special care to protect the client from harm)
What must a psychologist do if they want to add or change a specialty?
Complete the coursework and
supervised training for that
specialty (but don’t have to obtain a second doctoral degree)
According to Koocher and Keith-Speigel, _______ is at the root of many ethical complaints that grow out of
supervisory relationships.
Lack of timely feedback
What is vicarious liability (respondeat superior)?
How is it determined?
Vicarious liability: Under certain circumstances,
supervisors and employers may be legally responsible for the actions of their supervisees and employees.
Determined: Based on the disparity in training
and experience between the supervisor and supervisee, and the right, ability,
or responsibility of the supervisor to control the actions of the supervisee
What are the appropriate actions for a psychologist to take if there is a
significant likelihood that personal problems will interfere with professional activities?
Seeking therapy, referring clients to other professionals, or consulting with another professional to determine which action is most appropriate
_________ consists of an explanation of the nature and purpose of the assessment, fees, involvement of third parties, and limits of confidentiality and sufficient opportunity for the client/patient to ask questions and receive answers.
Informed consent
When a psychologist provides therapy involving couples or families, they take reasonable steps to clarify at the outset:
1) which of the individuals are clients/patients
2) the relationship the psychologist will have with each person
A psychologist must obtain informed consent for assessments, evaluations, or diagnostic services, as described in the Standards, except when:
1) Testing is mandated by law or governmental regulations
2) Informed consent is implied because testing is conducted as a routine educational, institutional, or organizational activity
3) One purpose of the testing is to evaluate decisional capacity
What 3 conditions must be met for informed consent?
1. Capacity (make rational decisions)
2. Comprehension (given adequate info)
3. Voluntariness (gives consent freely)
When the individual is a minor or the person is not legally capable of giving consent, psychologists seek to
obtain their _________.
Assent (agreement)
(Must also provide the person with an explanation and obtain permission from legally authorized person)
Legally, the term ________ is the client’s right to prevent confidential information from being released in a legal proceeding.
privilege
What legal term refers to a
defendant’s inability to distinguish between right and wrong?
“insanity”
M’Naughten Rule (1843)
What does APA say about duty to warn/protect if an HIV-positive client reveals unsafe sexual practices?
- legal duty to protect should not be imposed
- if it is, then should disclose only when identified third party is at significant risk, has no reason to suspect being at risk, and client refuses to notify them
The legal precedent of the duty to warn was set in the case of:
Tarasoff
vs.
Regents of the University of California (1976)
FERPA (Family Education Rights and Privacy Act of 1974) prohibits schools (that receive federal funds) from disclosing what?
Personally identifying information in student records without parent consent or student consent if the student is 18 or older
What are some situations that create special problems with confidentiality?
1) Group therapy
2) Couples and family therapy
3) Minor clients
4) Services delivered or stored electronically
5) Deceased clients
______ refers to the responsibility of a counselor or therapist to breach confidentiality if a client or other identifiable person is in clear or imminent danger.
Duty to warn
(warn potential victim, notify police, or take other steps)
A multiple relationship occurs when a psychologist is in a professional role with a person and:
- Simultaneously in another role with client
- Simultaneously in relationship with person closely associated with or related to client
- Promises to enter into another relationship in the future with client or a person closely associated with/related to client
When is it not unethical to engage in multiple relationships?
When the relationship would not reasonably be expected to cause impairment or risk exploitation or harm
The prohibition against discrimination does not preclude psychologists
from doing what?
- Refusing to provide services to difficult people or people they don’t feel competent to serve
- Terminating services with client who is threatening or otherwise endangering
When a psychologist accepts multiple roles in a forensic setting, they must:
Clarify the role expectations and issues related to confidentiality
What 3 factors does Gottlieb say a psychologist should evaluate when considering a multiple relationship?
1. Power differential (more power = less acceptable)
2. Duration of the relationship (longer time = less acceptable)
3. Clarity of termination (possibility of future services = less acceptable)
What should a psychologist do if parents disagree about consent for treatment for their child?
Seek guidance from the court, which may either order treatment or appoint guardian ad litum to make decisions
What are the 4 legally defined
exceptions to privilege?
1. Waiver (client signs release)
2. Mandatory reporting (child, elder or dependent abuse)
3. Danger to self or others
4. Legal/regulatory actions (lawsuits, ethical complaints, obtaining payments, etc.)
Confidentiality refers to:
Obligation of psychologist to protect client from unauthorized disclosure of info
(both an ethical principle and
sometimes legal requirement)
How long should a psychologist maintain full records?
7 years after last date of service (for adults) or until 3 years after a minor turns 18, whichever is later
When can a psychologist require students or supervisees to disclose personal information in a course or program?
When that requirement is clearly
stated in admissions or is necessary
to evaluate student whose personal problems may be interfering with education or training
Psychologists are prohibited from having sexual relationships with students or supervisees who:
Are in their department, agency or training center or over whom psychologists have or are likely to have evaluative authority
How do the Ethical Standards
define “test data”?
Test data includes raw and scaled scores, client/patient responses to test questions or stimuli, and notes and recordings concerning client and patient statements and behavior during an examination
(this information can be released to client or court when requested but results should be explained to person)
How do the Ethical Standards
define “test materials”?
Test materials includes manuals, instruments, protocols, and test questions or stimuli
(not required to release this to protect integrity of materials)
Psychologists are prohibited from having sexual relationships with former clients for at least _____ after cessation of therapy.
2 years
(and even then it is acceptable only in the most unusual circumstances and psychologist bears the burden
of demonstrating the relationship is not exploitive)
According to the Ethical Standards, when can a psychologist terminate therapy?
1. When reasonably clear that client no longer needs services or is being harmed by them
2. When psychologist is threatened or otherwise endangered by client or another person client has relationship with
(if client can no longer pay, therapy should continue at agreed-upon rate or psychologist helps locate alternative services)
What actions should a psychologist take when terminating therapy?
Whenever possible, psychologists provide pre-termination counseling and suggests alternative service providers as appropriate
The purpose of APA’s General
Guidelines for Providers of
Psychological Services is:
To outline basic guiding principles and the goal is to improve the quality, effectiveness, and accessibility of psychological services
(describes minimum qualifications required to provide psychological services)
What are the 3 sections covered in the General Guidelines for Providers of Psychological Services?
1. Providers (emphasizes
responsibility and competence)
2. Programs
3. Accountability
How should forensic psychologists obtain informed consent?
Unless court ordered, must obtain informed consent from client or legal guardian.
If client doesn’t have capacity, must provide reasonable notice to legal representative before starting
When doing a child custody evaluation in divorce proceedings, psychologists should focus on:
Parenting capacity of prospective guardians along with psychological and developmental needs of
each child
What 4 conditions must be met for a client to claim malpractice against a psychologist?
1. Psychologist had professional relationship with person
2. Demonstrable standard of care was violated
3. Person suffered harm or injury
4. Psychologist’s violation of standard of care is main cause of person’s harm or injury
What are the 4 main causes of malpractice claims and disciplinary actions against psychologists?
1. Sexual and other dual relationships
2. Lack of competence
3. Breach of confidentiality
4. Improper financial arrangements
What are the 4 steps that should be taken after getting a subpoena?
1. Determine if it’s legally valid
2. Contact client to discuss implications of providing info
3. If client consents and no reason not to, then give info. If client doesn’t consent, try to negotiate with people who issued it.
4. If party keeps asking for info, seek guidance from court or attorney
A(n) _____ witness testifies to what was seen, heard or observed. A(n) _______ witness can offer opinions.
Fact
Expert
____________ focuses on the
defendant’s psycholegal abilities and impairments (i.e., capacity to comprehend, disclose pertinent facts, and testify).
Competence to stand trial