[Ethical/legal/professional Issues] (8%) #1

Front 1

Barter

Back 1

Standard 6.05 states that "Psychologists may barter only if (1) it is not clinically contraindicated, and (2) the resulting arrangement is no exploitative."

Front 2

Client Testimonials

Back 2

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

Front 3

Competence

Back 3

Standard 2.01 requires psychologists to "provide services, teach, and conduct research with populations and in areas only within the boundaries of their competence, based on their education, training, supervised experience, consultation, study, or professional experience.

Front 4

Complainants and Respondents

Back 4

Standard 1.08 states that "psychologists do not deny persons employment, advancement, admissions to academic or other programs, tenure, or promotion, based solely upon their having made or their being the subject of an ethics complaint. This does not preclude taking action based upon the outcome of such proceedings or considering other appropriate information."

Front 5

EPPP

Back 5

The EPPP (Examination of Professional Practice in Psychology) is a requirement for licensure in the United Stated and Canada. It is prepared by the Association of State and Provincial Psychology Boards (ASPPB) and is designed "to evaluate the knowledge that should have been acquired by any candidate who is seeking licensure to practice psychology."

Front 6

Ethical Violations by Colleagues

Back 6

Standard 1.04 encourages psychologists to handle ethical violations informally by discussing the matter with the offender when an "informal resolution appears appropriate."

Front 7

Formal Report to the Ethics Committee

Back 7

Standard 1.05 states that psychologists make this when the problem involves "substantial harm" ans is not appropriate for an information resolution or has not been resolved satisfactorily by an attempt at an informal resolution. Psychologist MUST consider client confidentiality.

Front 8

Fact Witness

Back 8

This person "testifies as to what he/she has seen, heard, or otherwise observed regarding a circumstance, event or occurrence as it actually took place." These witnesses are generally not allowed to offer opinion, address issues that they do not have personal knowledge of or respond to hypothetical situations.

Front 9

Expert Witness

Back 9

A person who by reason of education or specialized experience possesses superior knowledge respecting a subject about which persons have no particular training are incapable of forming an accurate opinion or deducting correct conclusions.

Front 10

General Guidelines for Providers or Psychological Services

Back 10

These were adopted "as a means of self-regulation in the public interest"

Front 11

Competence

Back 11

Standard 2.01 requires psychologists to "provide services, teach, and conduct research with populations and in areas only with in the boundaries of this, based on their education, training, supervised experience, consultation, study or professional experience."

Front 12

Informed Consent and Assent

Back 12

Standard 3.10 states that "When psychologists conduct research or provide assessment, therapy, counseling, or consulting services in person or via electronic transmission or other forms of communication, they obtain the informed consent of the individual or individuals using language that is reasonably understandable to that person or persons. For individuals unable to give this, the psychologists (1) provide appropriate explanation, (2) seek the individual's assent, (3) consider such persons' preference and best interests, and (4) obtain appropriate permission from a legally authorized person.

Front 13

Multiple Relationships

Back 13

Standard 3.05 states that "a psychologist refrains from entering into a multiple relationship in the multiple relationship could reasonably be expected to impair the psychologist's objectivity, competence, or effectiveness in performing his or her functions as a psychologist, or otherwise risks exploitation or harm to the person with whom the professional relationship exists.

Front 14

Personal Problems

Back 14

Standard 2.06 states that (a) Psychologists refrain from initiating an activity when they know or should know that their is a substantial likelihood that their person problems will prevent them from performing their work-related activities in a competent manner, (b) when psychologists become aware of personal problems that may interfere with their performing work-related duties adequately, they take appropriate measures, such as obtaining professional consultation or assistance, and determine whether they should limit, suspend, or terminate their work-related duties.

Front 15

Sexual Harassment

Back 15

Standard 3.02 prohibits psychologists from engaging in sexual harassment, which it defines as "sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, that occurs in connection with the psychologist's activities or roles as a psychologist, and that either (1) is unwelcome, is offensive, or creates a hostile workplace or education environment, and the psychologist knows or is told this or (2) is sufficiently severe or intense to be abusive to a reasonable person in the context.

Front 16

Vicarious Liability

Back 16

Under certain circumstances, supervisors and employers may be legally responsible for the actions of their supervises and employees.

Front 17

Child Abuse Reporting

Back 17

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

Front 18

Client Access to Records

Back 18

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

Front 19

Client Welfare

Back 19

Standard 3.04 addresses this in a general way and states that psychologists "take reasonable steps" to avoid and minimize harm to clients, students, research participants, and others with whom they work.

Front 20

Collection Agencies

Back 20

Standard 6.04 states that "if the recipient of services does not pay for services as agree, and if psychologists intend to use these or legal measures to collect the fees, psychologists firm inform the person that such measures will be taken and provide that person an opportunity to make prompt payment."

Front 21

Confidentiality

Back 21

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

Front 22

Consultation

Back 22

Standard 4.06 states that "When doing this with colleagues, (1) psychologists do not disclose confidential information that reasonable could lead to the identification of a client/patient, research participant, or other person or organization unless they have obtained the prior consent of the person or organization or the disclosure cannot be avoided, and (2) they disclose information only to the extent necessary to achieve the purposes of the this."

Front 23

Education and Supervision

Back 23

Standards 7.01 through 7.06 address this and require psychologists to act competently and responsibly when teaching, supervising, and designing education and training programs and to avoid misrepresenting themselves or their work when performing these functions.

Front 24

Family Education Rights and Privacy Act (FERPA)

Back 24

Established in 1974, which applies to records maintained by education institutes receiving federal funds. This prohibits schools from disclosing personally identifying information from student records without the consent of the parents of students or students aged 18 or older. It also grants parents and students the right to inspect the student's educational records.

Front 25

In-Person Solicitation

Back 25

Standard 5.06 states that psychologists do not engage directly or through agents, to obtain business from actual or potential therapy clients/patients or the other persons who because of their particular circumstances are vulnerable to undue influence."

Front 26

Privilege and Holder of the Privilege

Back 26

This is a legal concept that protects a client's confidentiality in the context of legal proceedings. Most jurisdictions now have laws that establish this for communications between licensed mental health practitioners and their clients. The client is ordinarily the "holder of the privilege," but a psychologist can assert this on behalf of a client, and their are exceptions to this that are legally defined.

Front 27

Pro Bono Services

Back 27

The Ethics Code does not use this term. General Principle B (Fidelity and Responsibility) states that "psychologists strive to contribute a portion of their professional time for little or no compensation or personal advantage." Because these services are addressed in the Code aspirational General Principles rather than in its mandatory Ethical Standards, this means that this service is recommend by the Code but not required.

Front 28

Record Keeping Guideline

Back 28

Paragraph 1(a) of APA's Record Keeping Guidelines specifies that records of psychological services must include, at a minimum, identifying data dates of services, types of services, fees, assessment reports and intervention plans, and releases of information.

Front 29

Referral Fees

Back 29

Standard 6.07 states "When psychologists pay, receive payment from, or divide fees with another professional, other than in an employer-employee relationship, the payment to each is based on the services provided (clinical, consultative, administrative, or other) and is not based on the referral itself."

Front 30

Sexual Relations with Students and Supervisors

Back 30

Standard 7.07 states "Psychologists do not engage in sexual relationships with students or supervisees who are in their department, agency, or training center or over whom psychologists have or are likely to have evaluative authority."

Front 31

Sliding Fee Scales

Back 31

Sliding fee scales are not explicitly addressed by the Ethics Code but are generally considered acceptable as long as this is fair and serves the best interest of the client.

Front 32

Tarasoff Decision

Back 32

This decision originally established as "duty to warn" an intended victim of a therapy client; However, in a rehearing of the case, this was changed to "duty to protect" the intended victim by warning him/her, notifying the police, or taking other steps.

Front 33

Animals in Research

Back 33

Standard 8.09 requires psychologists to "acquire, care for, use, and dispose of animals in compliance with current federal, state , and local laws and regulations, and with professional standards" and to "make reasonable efforts to minimize the discomfort, infection, illness, and pain of animal subjects."

Front 34

Clients Receiving Services from Other Professionals

Back 34

Standard 10.04 states that "in deciding whether to offer or provide services to those already receiving mental health services elsewhere, psychologists carefully consider the treatment issues and the potential client's/patient's welfare. Psychologists discuss these issues with the client/patient and proceed with caution."

Front 35

Deception in Research

Back 35

Standard 8.07 states that deception is acceptable only when the following conditions are met: (a) The use of deception is justified by the "study's significant prospective scientific, educational, or applied value and effective non deceptive alternative procedures are not feasible"; (b) prospective participants are not deceived about conditions that can be "reasonably expected to cause physical pain or severe emotional distress"; and (c) participants will be debriefed "preferably at the conclusion of their participation, but no later than at the conclusion of the data collection"

Front 36

Guidelines for Child Custody Evaluations in Divorce Proceedings

Back 36

The Guidelines states that the "child's interests and well-being are paramount" in custody evaluations and that psychologists "generally avoid conducting a child custody evaluation in a case in which the psychologist served in a therapeutic role for the child or his or her immediate family."

Front 37

Guidelines for Providers of Psychological Services to Ethnic, Linguistic, and Culturally Diverse Populations

Back 37

These guidelines present aspirational principles and guidelines for psychologists working with members of ethnic, linguistic, and culturally diverse populations. Like many other APA documents, the Guidelines emphasizes the importance of competence. It also presents suggestions for incorporating cultural issues and knowledge into practice.

Front 38

Informed Consent for Research

Back 38

Standard 8.02 states "(a) When obtaining informed consent as required by Standard 3.10, Informed Consent, psychologists inform participate about (1) the purpose of the research, expected duration, and procedures; (2) their right to decline to participate and the withdraw from the research once participation has begun; (3) the foreseeable consequences of declining or withdrawing; (4) reasonably foreseeable factors that may be expected to influence their willingness to participate such as potential risks, discomfort, or adverse effects; (5) any prospective research benefits; (6 limits of confidentiality; (7) incentives for participation, and 98) whom to contact for questions about the research and research participants' rights."

Front 39

Informed Consent for Therapy

Back 39

Standard 10.01 states "(a) When obtaining informed consent to therapy as required Standard 3.10, Informed Consent, psychologists inform clients/patients as early as is feasible n the therapeutic relationship about the nature and anticipated course of therapy, fees, involvement of third parties, and limit of confidentiality and provide sufficient opportunity for the client/patient to ask questions and receive answers."

Front 40

Insanity

Back 40

This is a legal concept. Most definitions reflect the rule set forth by the American Law Institute, which states that a person is not guilty by reason of insanity if, because of a mental disease or defect, "that person lacks substantial capacity to appreciate the wrongfulness of the act or lacks substantial capacity to behave according to the requirements of the law"

Front 41

Interruption and Termination of Therapy

Back 41

Standard 10.10 requires psychologists to "terminate therapy when it becomes resonably clear that the client/patient no longer needs the service, is not likely to benefit, or is being harmed by continued service" and when doing so, to "provide pretermination counseling and suggest alternative service providers as appropriate."

Front 42

Malpractice

Back 42

For a client or other person to bring a claim of this against a psychologist, for conditions must be met: (1) The psychologist must have had a professional relationship with the person, which established a legal duty of care, (2) There must be a demonstrable standard of care that the psychologist has breached, (3) The person suffered harm or injury, (4) The psychologist's breach of duty within the context of the standard of care was the proximate cause of the person's harm or injury.

Front 43

Obsolete Tests

Back 43

Standard 9.08 states that " (a) Psychologists do not base there assessment or intervention decisions or recommendations on data or test results that are outdated for the current purpose and (b) Psychologists do not base such decision or recommendations on tests and measures that are obsolete and not useful for the current purpose.

Front 44

Publication Credit

Back 44

Standard 8.12 states "(a) Psychologist take responsibility and credit, including authorship credit, only for work they have actually performed or to which they have substantially contributed and ( b) Principal authorship and other publication credits accurately reflect the relative scientific or professional contributes of the individuals involved, regardless of their relative status."

Front 45

Responding to a Subpoena

Back 45

(1) Determine if the subpoena is valid, (2) If valid, a formal response is required, but the psychologist should contact the client to discuss the implications of providing the requested information, (3) If client consents the psychologist should provide the requested information. If the client does not consent, the psychologist or his/her attorney can attempt to negotiate with the party who issued the subpoena, (4) If the requesting party continues to demand that the information be provided, the psychologist can seek guidance from the court informally through a letter or have his/her attorney file a motion to quash the subpoena or a motion for protective order.

Front 46

Sexual Intimacies with Clients and Former Clients

Back 46

Standard 10.05 prohibits sexual relationships with current clients. However, Standard 10.08 forbids a psychologist from having a sexual relationships with a former client for at least two years after cessation of therapy. The latter Standard also states that, even after the two-year limit has passed, a relationship may be acceptable only in the "most unusual circumstances." Standard 10.07 prohibits psychologists from providing therapy to people with whom they have had sexual relationship in the past. This exclusion is absolute; there are no time limits or other exceptions.

Front 47

Sexual Misconduct

Back 47

Males therapists engage in sexual and other dual relationships with clients more than female therapists. They are usually older than the female clients, with the average therapist being 42-44 and the client being between 30-33. No consistent relationship has been found between risk of sexual misconduct and theoretical orientation, professional experience, or education.

Front 48

Specialty Guidelines for Forensic Psychologists

Back 48

To "provide an aspirational model of desirable professional practice by psychologist in an activity primarily intended to provide professional psychological expertise to the judicial system." In contrast to the other Specialty Guidelines, it does not define minimum qualifications in terms of education and training but, instead, focuses on professional practice issues in the context of forensic work.

Front 49

Test Data

Back 49

Standard 9.04 defines test data as "raw and scaled scores, client/patient responses to test questions or stimuli, and psychologists' notes and recordings concerning client/patient statements and behavior during an examination." It is also states "pursuant to a client/patient release, psychologists provide test data to the client/patient or other persons identified in the release."

Front 50

Test Scoring and Interpretation Services

Back 50

Standard 9.09 states "(a) Psychologists who offer assessment or scoring services to other professionals accurately describe the purpose, norms, validity, reliability, and applications of the procedures and any special qualifications applicable to their use and (c) Psychologists retain responsibility for the appropriate application, interpretation, and use of assessment instruments, whether they score and interpret such tests themselves or use automated or other services."

Front 51

You want to start treating clients who believe they have been abducted by aliens, but you have never worked wit members of this population before. Your best course of action would be to:
a. start seeing the clients and consult with somoen who is familiar with this population if you run into problems
b. start seeing these clients after establishing a supervisory or consultative relationship with sone who is familiar with this population
c. take continuing educatin classes
d. place an ad to let people know about thea vailabilty of your services

Back 51

b Standard 2.01 requires psychologists to provide services only within the boundaries of their competence and to seek education, training, or supervision when necessary. When workign with a new population, the best of course is oftern to botain supervision and consultation

Front 52

The research on sexual misconduct among therapists has shown that:

Back 52

b. therapists who have sex with thier clients are more likely than those who do not to be invovled in non-sexual dual relationships with their clients.

Front 53

For nine months now, your long-term client has made no significant progress in therapy, even after you've revised teh treatment goals several times. You should probably:
a. gently state your perception of the situation and encourage the client's response.
b. seek supervision.
c. interpret your formulation for the present resistance.f
d. seek an appropriate referral for the client.

Back 53

D According to the APA's Ethical Standards, "psycohlgoists terminate professional relationships when it becomes reasonably clear taht...the patient or client no longer needs the services, is not benefiting, or is being harmed by continuing services." After nine months and several revisions of the treatment goals, it is clear that the client is not benefiting.

Front 54

A consulting psychologist prints testimonials from former clients in a brochure adverstising her services to corporations. According to the latest revision of the Ethical Principles, this is:
a. ethical and legal.
b. unethical and illegal.
c. unethical, unless the testimonials were not solciated.
d. unethical, but legal.

Back 54

C Teh Ethical Standards prohibit psyhcologists from soliciting testimonials from current pscyhotherapy clietns or other persons who are "vulnerable to undue influcence." Becasue it is likely that former clients are vulnerable to undue influences, the pratcie described by the quetions woudl not be ethical unless teh testimonials were unsolicited.

Front 55

A clinical psycholgist announces his services by advertising his name, degree, fee, and APA membership in a box section of a local newspaper. According to recent changes in APA's Ethical Principles, this action is:
a. permissible.
b. illegal.
c. unethical.
d. unprofessional and illegal.

Back 55

A There is nothing in this advertisement that appears to be false, fraudulent, misleading, deceptive, or unethical in any other way.

Front 56

Issues around subpoenas

Back 56

There are a number of exceptions to the psychotherapist-patient privilege, which is the clients' right to have informatin withheld in a legal proceeding. Though these laws vary from state to state, it is the law in all states that, whenever a person raises his or her own mental condition as an issue in a legal mater, privilege is waived and the client cannot deny the court access to psychotherapy records or teh terhapists testimony.