[Ethical/legal/professional Issues] (8%) #2

Front 1

A claim of malpractice requires what? (4 parts)

Back 1

1. a professional relationship that implies a legal duty of care.
2. breach of that duty
3. harm/injury occurred
4. the breach of duty caused harm/injury

Front 2

Insanity vs. Competence

Back 2

A person can be found "not guilty by reason of insanity."
A person is competent to stand trial they have the ability to consult with their lawyer with a reasonable degree of rational and factual understanding of the proceedings.

Front 3

The greatest source of stress reported by psychologists?

Back 3

lack of therapeutic success

Front 4

Most mentioned as "an unethically troubling issue"

Back 4

confidentiality

Front 5

The most troubling client behavior

Back 5

suicidal statements

Front 6

The most frequently mentioned ethical violation committed by supervisors.

Back 6

inadequate performance evaluation and monitoring

Front 7

Psychologists who have had sexual relationships are also likely to carry on what other type of relationship with clients?

Back 7

non-sexual, multiple relationships

Front 8

Steps in responding to a subpoena

Back 8

You must assert/claim privilege on behalf of your client 100% of the time
determine if the subpoena is legally valid
-50% of all subpoenas served to psychologists are legally valid
negotiate with the requester
-minimize disclosure wherever possible
seek guidance from the court informally by letter or formally with the motion to quash the subpoena/ protective order
if requested to provide testimony in court or at a deposition and you do not have the class permission to do so, assert privilege
if a court order is issued, you must comply or risk being held in contempt

Front 9

What is vicarious liability?

Back 9

When supervisors and employers are legally responsible for the actions of their supervises and employees

Front 10

Specialty guidelines for forensic psychologist

Back 10

Don't be an avid kids, being an expert
stay neutral and look over all facts before making a decision
say you will review a file before you will testify

Front 11

You testified in a child custody case. The judge called you after the case is over monster for her niece to you. He tells you he liked what you said and how you said it. According to APA ethics code and garlands of custody evaluations what do you do?

Back 11

-You cannot take the case. The case may open years later and there's probability of the door relationships when having to testify again in the judge's court on another case
-financial harm

Front 12

APA term for professional psychologists

Back 12

You can be called a professional psychologist if you attended a regionally accredited school

Front 13

Dr. G is going through divorce and finds himself angry with his female clients. What should Dr. G do?

Back 13

Seek consultation

Front 14

What part of the ethics code is enforceable?

Back 14

Resolving ethical issues
Competence
Human relations
Privacy and confidentiality
advertisements and other public statements
Record keeping and fees
Education and training
Research and publication
Assessment
Therapy

Front 15

What her of the ethics code is/are aspirational you?

Back 15

Preamble
General principles

Front 16

Define pro bono and state what part of the ethics code it comes from.

Back 16

-A pro bono is part of the aspirational ethics
-Ethical psychologist gives portions of there time for little or no reimbursements

Front 17

If you find a colleague who is violating ethics what should you do?

Back 17

Resolve it informally, if appropriate

Front 18

According to Pope what are the statistics of psychologists who have been sexual?

Back 18

97% were male
Expected age of sexual violation = 42
97% of clients were female
Age of expectancy = 32

Front 19

You receive an ethics complaint and you are not the intended recipient. What do you do?

Back 19

You are required to respond in writing. If you do nothing you will be sanctioned for not responding

Front 20

Can a merit raise be delayed due to complaints?

Back 20

No merit raise cannot be delayed due to complaints only-it has to be proven/ substantiated after going through review

Front 21

You want to learn in a mean MMPI 2. You take software by the national expert on MMPI 2. You pass a test at the end of the software. Are you allowed now, to administer, score, and interpret the MMPI2 to in your practice?

Back 21

Yes, with supervision

Front 22

You donate some time to pro-life/pro-choice. A woman comes into your office pregnant wanting to make a decision on whether or not to terminate. Can you see her?

Back 22

No

Front 23

You donate sometimes pro-life/pro-choice. A woman you have been seeing for 6 weeks and is now pregnant & wants to change her course of therapy to focus on termination or keeping the baby. Do you see her?

Back 23

Yes, what consultation.

Front 24

In a rural setting, can your daughter's 4th grade teacher come see you for therapy?

Back 24

Yes, and you should discuss the potential for conflict

Front 25

If you find out the house you are about to buy is being sold by client or former client what should you do?

Back 25

This is not okay. You should get out as soon as possible.

Front 26

Can you provide psychological services to a coworker?

Back 26

You can speak with a coworker as long as you specify that you are not talking to them in the psychotherapeutic role

Front 27

You have a secretary who wants to work with you in therapy and you are in a remote area. What do you do?

Back 27

You can never take current employee or any immediate family for any reason as the client, even if we would take them a two-day trip to go see someone else

Front 28

Confidentiality versus privilege

Back 28

Confidentiality is an ethical term
Privilege is a legal term

Front 29

EAP exception to confidentiality and privilege

Back 29

Employee assistance program if you are an EAP psychologist the supervisor of a company can call you to find out if an employee showed up and whether or not they are participating

Front 30

Military exception to confidentiality and privilege

Back 30

If you are an active military person being seen on a military base, need to know exception means your entire records can be open by your commander

Front 31

FERPA exception to confidentiality and privilege

Back 31

-Of effects you if you work with minors or federal money is involved
-This program says parents can have access to psychological records of a child in challenge that record

Front 32

What should psychologist refrain from initiating when medical conditions are involved?

Back 32

Psychologist should refrain from initiating any professional activity that may be adversely affected by medical conditions

Front 33

If you are in a professional practice and a colleague tells you that her ex-husband is beating the children and she did not report it, what is your best course of action?

Back 33

You become mandated to report the abuse to report your colleagues name

Front 34

What word cannot be used when advertising psychological services?

Back 34

Guarantee

Front 35

Are you allowed to receive a testimonial from a current psychotherapy client?

Back 35

-You are allowed to receive
-you are not allowed to solicit

Front 36

What are the guidelines for in person solicitation?

Back 36

-You cannot go around and solicited to it people
- you can go after referral sources
- you can give out information when you are professionally invited somewhere

Front 37

How long should you keep adult psychotherapy records?

Back 37

7 years

Front 38

How long should you keep psychotherapy records for minors?

Back 38

3 years past the age of the majority

Front 39

In relation to records, what is the hierarchy of needs?

Back 39

-Patients
- public
- profession of psychology
- psychologist

Front 40

When should fees be established?

Back 40

You must set your fee as early as feasible ( at the start of the 1st session)

Front 41

You are going to give a session free, when will you set the fee?

Back 41

At the start of the 1st session

Front 42

What needs to be established before entering a program, class, or course?

Back 42

Disclosure about requirements

Front 43

As a psychologist, can you date a former supervisee?

Back 43

Yes, since there is no ongoing evaluative authority

Front 44

Lucifer effect

Back 44

This is what happens when good people do bad things

Front 45

if you have a mandate for students to participate in research, it is unethical unless you provide what?

Back 45

An opportunity/option that is non-research-based and has a compensatory amount of time

Front 46

What should be done if someone wants out a research study?

Back 46

You have to let them go

Front 47

Which forms of data collection do not require informed consent?

Back 47

Archival data
Observational types of studies in a naturalistic setting

Front 48

Provide examples of 2 types of deception in research

Back 48

White coat effect:
-25 people went to the top of the dial when instructor wore street clothes
- 66% of people went to the top of the Dow when instructor wore a white lab coat
Zimbardo study: jailers and prisoners

Front 49

Under what rules the APA allow psychologist to use harmful procedures on animals?

Back 49

If the procedure is painless and rapid

Front 50

Test data must be released in what way?

Back 50

Must release test data in an "understandable language" that can never send out actual test

Front 51

What is ADA say about providing records to a psychiatrist that are 7 years old?

Back 51

You can send the records to the psychiatrist with a cover letter cautioning possible outdated material

Front 52

A social worker contacts you requesting relief of test data. What should you do?

Back 52

You do not have to find out the background, you just send it in understandable language

Front 53

What should be done when providing therapy to those served by others?

Back 53

Proceed with caution and sensitivity

Front 54

If you ever have sex with a particular person can you have that person in your practice?

Back 54

Never

Front 55

What are the rules for sexual intimacy with former therapy clients?

Back 55

2 year rule: you can have sex with a former client without being looked at or pursued
-APA says, do not go to lunch with a former client 2 years later

Front 56

what happens to confidentiality if you are hired by attorney or a court?

Back 56

-If attorney hires you, it does not change confidentiality
- If a court hires you, you are an agent of the court and it does change confidentiality

Front 57

Beneficence and Nonmaleficence

Back 57

Psychologists seek to safeguard the welfare and rights of those with whom they interact professionally and other affected persons, and the welfare of animal subjects of research

Front 58

Fidelity and Responsibility

Back 58

Psychologists uphold professional standards of conduct, clarify the professional roles and obligations, except appropriate responsibility for their behavior, and seek to manage conflicts of interest that could lead to explication or harm

Front 59

Integrity

Back 59

- Psychology do not steal, cheat, or engage in fraud, subterfuge, or intentional misinterpretation of fact
- Psychologists seek to promote accuracy, honesty, and truthfulness in the science, teaching and practice of psychology

Front 60

Justice

Back 60

Psychologist exercise reasonable judgment the taper conscience to ensure that their potential biases, the boundaries of their competence, and the limitations of their expertise do not lead to work and don't unjust practices

Front 61

Respect for People's rights and Dignity

Back 61

- Psychologist are aware that special safeguards may be necessary to protect the rights and welfare of persons or communities whose vulnerabilities impair autonomous decision-making
- Psychologist are aware of and respect cultural, individual, and role differences, including those based on age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, language, and socioeconomic status and consider these factors when working with members of such groups

Front 62

What is the role of the EPPP?

Back 62

it is intended to evaluate the knowledge that should have been acquired by any candidate seeking licensure in the practice of psychology

Front 63

What is the function of the licensing board?

Back 63

to protect the public from "grossly unqualified practitioners"

Front 64

Duces Tecum

Back 64

subpoena for production of evidence
a court summons ordering a named party to appear before the court & pro due docs/tangible evidence for use at a hearing/trial

Front 65

Cooperating with Ethics Committees

Back 65

-psychologist address any confidentiality issues
-failure to cooperate is itself an ethical violation
-making a request for deferment of adjudication of matters complaints does not constitute noncooperation

Front 66

Unfair Discrimination

Back 66

Psychologist do not deny persons employment, advancement, and admissions to academic or other programs, tenure, or promotion, based solely upon their having made or there been the subject of an ethics complaint

Front 67

What does the APA Ethics state about Sexual Harassment?

Back 67

Do not participate in a climate of sexual harassment

Front 68

Avoiding harm

Back 68

Psychologist take reasonable steps to avoid harming their clients/patients, students, supervises, research participants, organizational clients, and others with whom they work, and to minimize harm where it is foreseeable and unavoidable

Front 69

Informed Consent

Back 69

Informed consent of individuals is done by using language that is reasonably understandable to that person or persons except when conducting such activities without consent is mandated by law or governmental regulations

Front 70

In relation to confidentiality, what do psychologists discuss with persons and organizations with whom they establish the scientific or professional relationship?

Back 70

-The relevant limits of confidentiality
- the foreseeable uses of the information generated through their psychological activities

Front 71

When can psychologists disclose confidential information?

Back 71

With the appropriate consent of the organizational client, the individual client, or another legally authorized person on behalf of the client unless prohibited by law

Front 72

And what should psychologist consider when consulting with colleagues?

Back 72

-Psychologist do not disclose confidential information that reasonably could lead to the an identification of a client, research participant, or other person or organization with whom they have a confidential relationship and lastly have obtained the prior consent of the person organization or the disclosure cannot be avoided
- information disclosed is only to the extent necessary to achieve the purpose of the consultation

Front 73

What should psychologist consider when obtaining statements by others?

Back 73

-Psychologist who engage others to create or plays public statements that promote the professional practice retain professional responsibility for such statements
- psychologist do not compensate employees of the press, radio, television, or other communication media in return for publicity in a news item
- a paid advertisement relating to psychologists activities must be identified or clearly recognizable as such

Front 74

Define barter

Back 74

The acceptance of goods, services, or other non monetary remuneration from clients in return for psychological services

Front 75

When psychologist paid, received payment from, or divide fees with another professional, other than in an employer-employee relationship, how should payment be based?

Back 75

Payment to each is based on the services provided and is not based on the referral itself

Front 76

When should psychologist take responsibility and credit, including authorship credit?

Back 76

Only for work they have actually performed or to which they have substantially contributed

Front 77

It relation to informed consent and assessment, when psychologists do not need to retain informed consent?

Back 77

-When testing is mandated by law or government regulations
- when informed consent is implied because testing is conducted as a routine educational, institutional, organizational activity
- when one purpose of the testing is to evaluate decisional capacity

Front 78

What do the APA guidelines state in regard to explaining assessment results?

Back 78

Psychologist take reasonable steps to ensure that explanations of results are given to the individual or designated representative unless the nature of the relationship precludes provision of an explanation of results

Front 79

When obtaining informed consent for treatment for which generally recognized techniques and procedures have not been established, what should the psychologist informed their client's of?

Back 79

- the developing nature of the treatment
- the potential risks involved
- alternative treatments that may be available
- the voluntary nature of their participation

Front 80

What are the APA guidelines in relation to sexual intimacies with current therapy clients?

Back 80

Psychologist do not engage in sexual intimacies with current therapy clients

Front 81

What are the APA guidelines in relation to interruption of therapy?

Back 81

Psychologist make reasonable efforts to provide for orderly and appropriate resolution of responsibility for client care in the event that the employment or contractual relationship ends, with paramount consideration given to the welfare of the client

Front 82

Him what are the APA guidelines for terminating therapy?

Back 82

-When it becomes reasonably clear that the client no longer needs the service, is not likely to benefit, or is being harmed by continued service
- psychologist may terminate therapy when friends or otherwise endangered by the client or another person with whom the client has a relationship
- prior to termination psychologist provide predetermination counseling and suggest alternative service providers as appropriate

Front 83

When does the standard of reporting ethical violations not apply?

Back 83

-When an intervention would violate confidentiality
-when psychologists have been retained to review the work of another psychologist whose professional conduct is in question

Front 84

What steps should be taken if an individual cannot provide consent?

Back 84

Provide an appropriate explanation
- seek the individuals assent
- consider such persons preferences and best interests
- obtain appropriate permission from a legally authorized person, if such substitute consent is permitted or required by law

Front 85

When psychological services are court ordered or otherwise mandated what steps should the psychologist take?

Back 85

-inform the individual of the nature of the anticipated services, including whether the services are court order or mandated
- discussed limits of confidentiality, before proceeding

Front 86

When is confidentiality discussed?

Back 86

-At the outset of the relationship and thereafter as new circumstances may warrant

Front 87

Psychologist who offer services, products, or information via electronic transmission inform clients of what risks?

Back 87

Privacy and limits of confidentiality

Front 88

Psychologists disclose confidential information without the consent of the individual only as mandated by law, or where permitted by law for valid purpose such as to?

Back 88

-Provide needed professional services
- obtain appropriate professional consultations
- protect the client, psychologist, or others from harm
- obtain payment for services from a client, in which instance disclosure is limited to the minimum that is necessary to achieve the purpose

Front 89

When may psychologist barter?

Back 89

-It is not clinically contraindicated
- the resulting arrangement is not exploitative

Front 90

Does possession of an institutional position, such as department chair, justify authorship credit?

Back 90

No, minor contributions to the research or to the writing for publications our knowledge appropriately, such as a footnote or in an introductory statement

Front 91

What is informed consent include?

Back 91

-An exclamation of the nature and purpose of the assessment
- fees
- involvement of 3rd parties
- limits of confidentiality
- sufficient opportunity for the client ask questions and receive answers

Front 92

If a client is using an interpreter, out of the psychologist obtained informed consent?

Back 92

The psychologists obtain informed consent from the client to use the interpreter, ensure that confidentiality of test results and test security are maintained, and include in the recommendations, reports, and diagnostic statements, discussion of any limitations on the data obtained

Front 93

What is the informed consent procedure when the therapist is a trainee & the legal responsibility for the treatment provided resides with the supervisor?

Back 93

The client is informed that the therapist is in training and is being supervised and is given the name of the supervisor

Front 94

Expert witness

Back 94

a person who has been qualified as an expert by the court will be allowed to offer opinions and provide testimony based on hypothetical scenarios

Front 95

Fact witness

Back 95

-a person who testifies as to what they have seen, heard or otherwise observed regarding a circumstance, event or occurrence as it actually took place
-They do not respond to hypothetical situations

Front 96

Tarasoff

Back 96

...

Front 97

Which areas of the Ethics Code contains absolutes in relation to guidelines?

Back 97

Relationships with therapy clients
Seeing past lovers in therapy
Dual relationships with relatives of clients

Front 98

What are the different sections of the Ethics Code?

Back 98

Intro and Applicability
Preamble
General Principles
Ethical Standards

Front 99

What is contained in the Preamble and General Principles?

Back 99

aspirational goals to guide psychologists toward the highest ideals of psychology

Front 100

What is contained in the Introduction and Applicability section?

Back 100

The Intro discusses the intent, organization, procedural considerations, and scope of application of the Ethics Code

Front 101

What do the Ethical Principles enforce?

Back 101

they set forth enforceable rules for conduct as psychologist
they are broad and not exhaustive

Front 102

What are the Ethical Standards?

Back 102

Resolving Ethical Issues
Competence
Human Relations
Privacy and Confidentiality
Advertisements and Other Public Statements
Record Keeping and Fees
Education and Training
Research and Publication
Assessment
Therapy

Front 103

What are the General Principles?

Back 103

Beneficience and Nonmaleficence
Fidelity and Responsibility
Integrity
Justice
Respect for People's Rights and Dignity

Front 104

What constitutes a multiple relationship?

Back 104

a psychologist is in a professional role with a person and:
- at the same time is in another roles with the same person
-at the same time is in a relationship with a person closely associate with/or related to the person with who the psychologist has the professional relationship
-promises to enter into another relationship in the future with the person or a person closely associated with or related to the person

Front 105

Ethics Code intent

Back 105

Specific standards to cover most situations encountered by psychologists.

Front 106

Ethics Code goals

Back 106

The welfare and protection of individuals and groups with whom psychologists work and the education of members, students, and public regarding ethical standards of the discipline.

Front 107

To develop a dynamic ethical practice requires

Back 107

* A commitment to act ethically
* encourage ethical behavior by students, supervisees, employees, and colleagues
* consult with others concerning ethical problems

Front 108

General Principles vs Ethical Standards

Back 108

* Aspirational - highest ethical ideal of the profession to guide and inspire; unenforceable; cannot use to sanction/discipline
* Lowest standards of behavior, enforceable, can discipline

Front 109

Principle A: Beneficence and Non-Maleficence

Back 109

Strive to benefit, do no harm. Resolve conflicts of obligation while doing no harm, guard against misusing own influence; Be aware of own mental health on ability to help others.

Front 110

Principle B: Fidelity and Responsibility

Back 110

Est. relationships with clients based on trust; be aware of responsibilities and uphold standards; accept responsibility for own behavior; manage conflicts of interest; consult, refer, cooperate; monitor others' ethical compliance; some pro-bono work

Front 111

Principle C: Integrity

Back 111

Promote accuracy, honesty, truthfulness; no cheating/fraud; keep word; use deception with care

Front 112

Principle D: Justice

Back 112

Everyone deserves equal access/quality of services; be aware of biases and operate w/in boundaries of competence

Front 113

Principle E: Respect for people's rights and dignity

Back 113

Respect dignity/worth of ppl along with rights (privacy, confidentiality, self-determination); special respect for vulnerable populations; respect for individual differences and knowledge of own biases (reduce/minimize); refrain from participating in prejudicial activities

Front 114

Principles mnemonic:
Benefit Fidel in just respect

Back 114

Beneficence & Non-Maleficence
Fidelity & Responsibility
Integrity
Justice
Respect for people's rights and dignity

Front 115

If you learn of misuse or misrepresentation of your work...

Back 115

...take reasonable steps to correct of minimize this misuse and misrepresentation

Front 116

If your ethical commitments conflict with the law...

Back 116

...make known your commitment to the standards and take steps to resolve the conflict in accordance with the code. If you can't, obey the law.

Front 117

If your organization's demands conflict with the ethics code...

Back 117

...make known your commitment to the ethics code and try to resolve in accordance with the code.

Front 118

If a colleague has committed an ethical infraction...

Back 118

...if resolvable in an informal way, go to them personally (if appropriate and doesn't violate confidentiality)

Front 119

If a colleague has committed an ethical violation that risks significant or substantial harm and not appropriate for informal resolution...

Back 119

...refer to the state or national committee on professional ethics, to the state licensing board, or to the appropriate institutional authorities. Doesn't apply if an intervention would violate confidentiality.

Front 120

Not complying with ethics investigations....

Back 120

...is an ethics violation

Front 121

If you have been the subject of an ethics investigation can you be denied employment, advancement, admission to academic programs, tenure or promotion?

Back 121

No. But those things can be revoked based upon the outcome of such proceedings.

Front 122

Boundaries of competence...

Back 122

Practice only what you know based on education, training, supervised experience, consultation, study, or professional experience

Front 123

To improve competence...

Back 123

Consult, seek new education or retraining, get supervised experience or study; continuing ed

Front 124

What should you do if someone presents for services that are outside of your competence?

Back 124

Refer unless it's an emergency, in which case provide but only until the emergency has ended or other services are available.

Front 125

If someone presents for services that are somewhat similar to your qualifications but probably outside of your competence - and they have no other mental health services available to them - what should you do?

Back 125

May provide services in order to make sure services aren't denied, but must also make a reasonable effort to obtain the competence required by using research, training, consultation, and study

Front 126

How should you proceed using innovative or new treatments?

Back 126

Make aware the dangers or risks as a part of informed consent and strive to ensure competence by using relevant research, training, consultation, etc.

Front 127

What should psychologists do to ensure competence in forensics?

Back 127

Maintain an accurate understanding of the laws and administrative rules covering their roles.

Front 128

Upon what should a psychologist's work be based?

Back 128

Scientific and professional knowledge of the discipline

Front 129

In delegating work to others, what issues need to be considered?

Back 129

* The person to whom work is delegated must not have multiple relationships or objectivity concerns to the population with whom they'll work.
* They better be competent and you'd better see to it that they are

Front 130

What should you do if you realize you're functioning under some sort of impairment or your personal problems may interfere with your work?

Back 130

Refrain from or limit work activities; seek consultation to see if you should limit, suspend, or terminate work; get help/assistance

Front 131

Sexual harassment is...

Back 131

* sexual solicitation, physical advances, verbal or nonverbal conduct that is sexual in nature that occurs in connection with your work is either:
1) unwelcome, offensive, creates a hostile work/ed enviro and you know or are told this;
2) sufficiently severe or intense to be abusive to a reasonable person in same context.
Can be one time serious act or multiple small acts.

Front 132

In terms of harm you should...

Back 132

Take steps to minimize or avoid, including foreseeable harm.

Front 133

Multiple relationships are...

Back 133

When you are in a professional role with a person and
1) at the same time in another role with them
2) in a relationship with a person closely associated with or related to that person
3) promise to enter into another form of relationship in the future with that same person or a closely related other

Front 134

How should you handle multiple relationships?

Back 134

They are not inherently unethical. You should avoid them, though, if they could reasonably be expected to impair your objectivity, competence, or effectiveness or other risks exploitation or harm.

Front 135

What should you do if you are involved in a multiple relationship that later becomes potentially harmful?

Back 135

Take steps to resolve the conflict and clarify roles with respect for that individual and compliance with the Code.

Front 136

What should you do if you're required by law, institutional policy, or extraordinary circumstance to engage in more than one role in judicial or administrative proceedings?

Back 136

At the very beginning, clarify role expectations, confidentiality, and continue awareness and clarity in an ongoing, revisited way, particularly if any circumstances change.

Front 137

What is a conflict of interest?

Back 137

Personal, scientific, financial, professional, legal, financial, or other issue impairs objectivity, competence, effectiveness in performing work; and/or exposes someone else to harm or exploitation. (Avoid this.)

Front 138

What should you do if asked by a third party to provide services for someone else?

Back 138

At the very beginning clarify to all involved the nature of the relationship with each, role of the psychologist, confidentiality issues, who is the client, probable use of services and information obtained.

Front 139

Do you have an ethical obligation to cooperate with other mental health professionals regarding a client?

Back 139

Yep.

Front 140

What is informed consent?

Back 140

A process, not an event. Unfolds in an ongoing way, over time, and should be revisited, particularly if any circumstances trained. Strive to make a thorough and culturally/linguistically appropriate explanation of the therapeutic process, confidentiality, expectations regarding prognosis, fees, involvement of third parties, limits and risks, etc. Also applies to research, assmt, and consulting. BE SURE to provide adequate time for q and a.

Front 141

How should you seek consent with persons who are legally unable to provide it?

Back 141

Seek assent. Provide a culturally and linguistically appropriate explanation. Consider their preferences and best interests. Obtain appropriate consent from their legal representative. Take steps to protect their rights and welfare.

Front 142

What should you do in terms of informed consent if services are legally mandated or court ordered?

Back 142

Inform the individual of the nature of the services, including whether they are court-ordered/mandated; explain limits of confidentiality and who'll be getting the info.

Front 143

What should you do if you're providing services through an organization?

Back 143

Explain:
* The nature and objective of the services
* The intended recipients
* Who the clients are
* Relationship you will have with each person and the organization
* Probable uses of services and info obtained
* Who will have access to the info
* Limits of confidentiality
* As soon as feasible, provide results to appropriate individuals

Front 144

What should you do if by law or organizational roles you can't provide feedback or information regarding services to individuals within an org. context?

Back 144

Tell them at the very beginning.

Front 145

What should you do about possible interruption of services?

Back 145

Have a plan in place for facilitating services should you become incapacitated/dead, such as a professional will. Inform clients about potential interruptions due to non-payment at the beginning.

Front 146

In terms of maintaining confidentiality...

Back 146

...you have PRIMARY OBLIGATION to take reasonable precautions to protect confidential information in any medium.

Front 147

In terms of informed consent regarding confidentiality, you should...

Back 147

...discuss with clients all limits to confidentiality and how information from your services will be or could be used at the outset of a therapeutic relationship (unless contraindicated) and thereafter as new circumstances may warrant. If you use electronic records, inform of risks related to this and adhere to HIPAA.

Front 148

Before recording voice or image of clients you should...

Back 148

...get their permission. Preferably in writing. (Document or it didn't happen.)

Front 149

In terms of privacy, what should be included in reports?

Back 149

Only information germane to the report itself.

Front 150

In terms of minimizing privacy, you should discuss confidential information obtained in your work...

Back 150

...only for scientific or professional purposes with ppl concerned with the matter. De-identify any teaching material.

Front 151

You may make disclosures of confidential information w/o a release in which circumstances?

Back 151

* To provide needed professional services
* obtain appropriate consultation
* Protect client, others, self from harm
* obtain payment for services (only minimum info needed)

Front 152

When and how can you use your cases for teaching and writing purposes?

Back 152

* If you've deidentified the material
* If you've gotten their permission
* There is legal authorization for doing so

Front 153

Even if you've retained others to create promotions/advertising for your services...

Back 153

...you bear the ultimate responsibility for the content.

Front 154

Advertising should...

Back 154

...be clearly recognizable as such (no phony promotions through fake paid for "news items); accurate and not misrepresentative of any of your qualifications or exaggerating outcome; should never solicit testimonials.

Front 155

When providing public comment or advice via print, internet, etc. take precaution to...

Back 155

* ensure that statements are based on professional knowledge, training, or experience in accord with literature and practice
* statements are consistent with the Code
* do not indicate that a professional relationship has been entered into with the recipient

Front 156

What are the guidelines in terms of soliciting services in-person?

Back 156

* Don't do it, particularly with vulnerable contacts
* Can do it if trying to keep person already engaged in therapy to continue for their benefit
* Can do it for disaster relief

Front 157

What are the purposes of keeping records?

Back 157

* Facilitating later tx
* Allowing replication of research
* Institutional requirements
* Billing accuracy
* Compliance with the law

Front 158

What should you do if other people who have not been granted access will see records entered into a database?

Back 158

Use coding or other techniques to avoid inclusion of personal identifiers.

Front 159

In terms of protecting records in the long-term...

Back 159

...have a plan in place in case of your incapacitation/death to transfer/dispose of those records

Front 160

Can you withhold a clients requested records due to non-payment?

Back 160

Nope.

Front 161

How should you communicate with your client about fees?

Back 161

As early and as specifically as possible reach an agreement. Let them know immediately about limitations in services due to non-payment and how that will be handled. If you need to engage collections, let them know you will be doing so first and only disclose a minimal amount of information to facilitate collecting.

Front 162

Fees need to be...

Back 162

...consistent with law, accurately represented, consistent with local norms

Front 163

You may only use barter under which two conditions?

Back 163

It is not contra-indicated.
It is not exploitative.

Front 164

In terms of accuracy in reports to payors and funding sources, what should you take care to include?

Back 164

* It should be accurate in terms of the nature of the services or research; the fees, charges or payments; and where applicable the identity of the provider, the findings, and the diagnosis (i.e. no insurance or grant fraud!)

Front 165

Can you refer to others for a fee?

Back 165

Nope. Fees must be assessed only for services provided (clinical, administrative, consult, etc.)

Front 166

In designing educational and training programs they should be...

Back 166

...designed to provide the appropriate knowledge and proper experiences and meet requirements for licensure, certification, or other goals stated by the program

Front 167

Educational programs need to be clearly and accurately described regarding current program content such as...

Back 167

...participation in require coursework or practica, psychotherapy, experiential groups, consulting projects, community service, training goals/objectives, stipends and benefits, requirements of satisfactory completion. Info needs to be readily available.

Front 168

Syllabi are contracts that can't be modified. True or false?

Back 168

False. They should accurately describe course content, methods of evaluation, and expected course experiences. However, you may modify them so long as students are provided with a way to complete the course.

Front 169

Educational programs may not require students to disclose personal problems related to what?

Back 169

Sexual history, history of abuse or neglect, psychological tx, and relationships with parents, peers, and spouses.

Front 170

Under what circumstances may training programs require disclosure of students' personal information?

Back 170

* If program materials clearly state that such information will have to be disclosed
* Reasons of trainee impairment

Front 171

If programs require mandatory therapy of their students, they must:

Back 171

*Indicate this in admissions materials and program description
* Provide access to therapists unaffiliated with the program
* Ensure that those who will be responsible for evaluation are not conducting the therapy

Front 172

How should supervisee feedback be handled?

Back 172

* Discuss at the beginning how you will be evaluating them and on what basis
* Provide feedback in a timely manner (formative and summative)
* Make sure that evaluation is only related to actual basis described to them - performance and program requirements (e.g. not personal)

Front 173

Informed consent for research should include:

Back 173

* Purpose of research, expected duration and procedures
* right to decline to participate and w/draw
* foreseeable consequences of declining w/drawing
* potential risks
* prospective research benefits
* limits of confidentiality
* incentives
* contact info for questions and participants' rights
MUST provide time for q and a.

Front 174

How should experimental intervention research be handled?

Back 174

* Clarify experimental nature
* Clarify that control group will not have access to the intervention
* How assignment to experimental or control group will be handled
* available tx alternatives if an individual doesn't wish to participate or wants to w/draw
* compensation and/or reimbursement from a third party payor

Front 175

Under which circumstances do you not have to get permission to record images/voice for research?

Back 175

* Naturalistic in a public place and won't be used for identification or harm
* Deception is involved and consent for taping is secured during debriefing

Front 176

If subordinates, clients, or students are used for research, you should...

Back 176

...take steps to protect them from adverse consequences upon declining or w/drawing

Front 177

If research is a course requirement you must...

Back 177

...provide equitable alternatives

Front 178

Under which circumstances does research not require informed consent?

Back 178

* When it will not reasonably cause harm and involves:
a) study of normal education practices
b) anonymous questionnaire, naturalistic observation, archival research which won't endanger participants in terms of finances, reputation, civilly or criminally
c) study of factors related to job or org. effectiveness conducted in an org. setting w/ no risk to participants' jobs
d) where permitted by law

Front 179

Incentives in research need to be handled how?

Back 179

* Not unduly excessive as to be coercive
* When offering professional services as inducement, make sure to describe the services, risks, obligations, and limitations

Front 180

When and how can you use deception in research?

Back 180

* Use of deception offers significant prospective value and non-deception won't work
* Can't cause physical pain or severe emotional distress
* Must debrief and allow w/drawal of their data

Front 181

How should research debriefing be handled?

Back 181

* promptly offer info about nature, results, and conclusion of the research and correct misconceptions
* if you can't debrief due to scientific of humane values take steps to reduce harm
* if you realize your research has harmed a participant, take steps to minimize harm

Front 182

Publication credits need to be based on what?

Back 182

Actual contribution to the publication, not just b/c you're the dept chair. Minor contributions should be acknowledged as footnotes. You only take credit for work you actually did and substantially contributed to.

Front 183

Who is listed as the first author on an article substantially based on a student's dissertation?

Back 183

The student. The advisor must discuss publication credit soon and throughout the process. Only in exceptional circumstances may the student not be listed as first author.

Front 184

If another researcher requests your data for verification purposes, what should you do?

Back 184

Provide it. You can request cost reimbursement for doing so (copying, etc). Clarify that it will only be used revalidation purposes and must secure written agreement for any other use. Confidentiality of participants must be maintained.

Front 185

Assessment conclusions, findings, and recommendations must be based on...

Back 185

...sufficient information, techniques, and personal evaluation to substantiate findings; scientific and accurate testing procedure and instruments

Front 186

What should you do if you're not able to conduct an assessment examination substantial enough to support sound conclusions?

Back 186

Document efforts made and results of those efforts; clarify the probably impact of limited info on reliability and validity of your opinion; and limit the nature and extent of your conclusions and recommendations.

Front 187

Assessment instruments should be chosen and used...

Back 187

...only for the purpose in which they were intended to be used, with the population upon which it has been normed (or document and limit, if not available); use methods in client's preferred language and competence level unless language is relevant to the assmt procedure; chose instruments with appropriate reliability and validity; of course don't use out-dated or obsolete tests.

Front 188

Always get informed consent for assessment except when:

Back 188

* testing is mandated by law or govt regulation
* consent is implied b/c of routine educational/work issues (agreeing to testing to be hired)
* part of the testing is done to assess decisional capacity

Front 189

Assessment informed consent includes:

Back 189

* explanation of the nature and purpose of the assmt
* fees
* involvement of third parties
* limits of confidentiality
MUST provide time for q and a

Front 190

If assmt is mandated by law and/or their ability to consent is questionable, you should...

Back 190

...inform them about the nature and purpose of the assmt, using language that is reasonably understandable.

Front 191

If using services of an interpreter in assessment, you must...

Back 191

...get informed consent from the client to use that interpreter, ensure that confidentiality of test results and test security are maintained, and include in recommendations, reports, and dx or evaluative statements, a discussion of limitations due to use of that interpreter.

Front 192

How should the release of test data be handled?

Back 192

Should release appropriate info related to findings (scaled scores that lead to interp and dx, etc.). You may refrain from releasing test data to protect a client or others from substantial harm or misuse or misrepresentation of the data, recognizing that in many instances the release of confidential info under these circumstances is regulated by law (e.g. HIPAA)

Front 193

Assessment interpretation should be based on:

Back 193

* Purpose of the assessment
* Test-taking abilities
* Personal characteristics (situational, personal, linguistic, cultural, etc)
* Indicate significant limitations of interpretation

Front 194

Even if you use a scoring service or automated scoring rather than scoring assmts yourself, you still...

Back 194

...retain ultimate responsibility for the accuracy of the scoring.

Front 195

When obtaining informed consent for new forms of therapy, you should...

Back 195

...inform the client of the developing nature of the tx, potential risks, alternative txs that may be available, voluntary nature of participation (in addition to regular informed consent).

Front 196

When the therapist is a trainee and legal responsibility for tx resides with the supervisor, you should amend informed consent how?

Back 196

Discuss trainee status and inform of supervision; give supervisors name.

Front 197

When you provide services to several persons (families, couples) you should...

Back 197

At the outset, clarify
* which of the individuals are clients
* the relationship you'll have with each
* your role and probable use of services provided and info obtained

Front 198

If you have to perform potentially conflicting roles (such as therapist then witness for one party in divorce proceedings) you should

Back 198

...take reasonable steps to clarify and modify or w/draw from roles as appropriate.

Front 199

What should you do at the beginning of group therapy, in terms of informed consent?

Back 199

Clarify roles and responsibilities of all parties and the limits of confidentiality.

Front 200

If a client is receiving services elsewhere provided by another individual, what should you do?

Back 200

* Carefully consider the tx issues and client's welfare
* Discuss these issues with them in order to minimize risk of confusion and conflict
* Consult with the other provider when appropriate
* Proceed with caution and sensitivity

Front 201

When can you have sex with a client?

Back 201

* Under unusual circumstances
* Two years after therapeutic relationship has ended
* Bear the burden of proving there has been no exploitation
* Don't have sex with clients' close relatives, friends, etc. either and don't terminate therapy in order to do so

Front 202

Can you accept clients into therapy with whom you've had sex in the past?

Back 202

Nope.

Front 203

When and how should you terminate therapy?

Back 203

* When it becomes clear they are no longer needing service, are not likely to benefit, or are being harmed
* When threatened or otherwise endangered by a client or associate of the client
* Unless you are precluded by client's actions or third party payors, provide pre-termination counseling and offer referrals for alternative services within the community.

Front 204

Multiple Relationships

Back 204

are only unethical if objectivity & competence are impaired, or there's risk of exploitation

Front 205

Action to take when threatened by the client or someone close to a client

Back 205

"may terminate therapy when threatened or otherwise endangered by the patient or someone with whom the patient has a relationship"

Front 206

Buckley Amendment

Back 206

aka, Federal Educational Rights & Privacy Act, 1974 (FERPA)
parents have the right to inspect, review, & challenge contents of their child's educational record; prohibits schools from disclosing identifying information from student records without consent of parent or adult student

Front 207

Tarasoff v. UC Board of Regents

Back 207

1976;
established a duty to warn then a duty to protect an intended victim
protecting = notifying the intended victim, the police, and taking steps to keep the client and intended victim apart (e.g., hospitalization)

Front 208

Jaffe v Redmond

Back 208

1996

therapist-patient privilege was recognized at a federal level

Front 209

Waiving copayment fees

Back 209

considered illegal & unethical, except if insurance company appproves the waiver & therapist is not increasing rates to get more money from the insurance company

Front 210

Privilege in court-ordered evaluation

Back 210

waived by the court

Front 211

Use of a collection agency

Back 211

ethical as long as the patient is informed first

preferable but not necessary to inform patient of your policy at the start of treatment

Front 212

Definition of professional psychologist

Back 212

person with a doctorate in psychology from a regionally accredited school

(can't call yourself a psychologist without a license)

Front 213

Holder of privilege in court-ordered treatment

Back 213

the patient

Front 214

Bartering

Back 214

Psychologists may barter only if (1) it is not clinically contraindicated & (2) the resulting arrangement is not exploitative

Front 215

re M'Naughten

Back 215

1843

basis for the insanity defense in most US states

insanity defense was successfully used by a person with paranoid schizophrenia who fatally wounded the secretary of England's Prime Minister

Front 216

3 elements needed in a malpractice suit

Back 216

1. psychologist must have a professional relationship with the individual

2. there must be some negligence or dereliction of duty by the psychologist

3. some harm must have come to the individual as a result of the negligence or dereliction

Front 217

in order to practice in forensic settings, psychologists must:

Back 217

ensure they are reasonably familiar with the judicial or administrative rules governing their roles

no requirement to complete a training program in forensic psychology

Front 218

Sexual Harassment

Back 218

defined by the ethics code as sexual behavior which is either unwelcome, offensive, or creates a hostile work environment; the psychologist knows or is told this (& continues), or it is so severe that any reasonable person would see it as abusive

Front 219

Fee Splitting

Back 219

unethical if only based on referral

ethical only if based on services provided (e.g., consultation, administration, etc.)

Front 220

Withholding records due to nonpayment of fees is:

Back 220

ethical according to the 2002 Ethics Code, except "Psychologists may not withhold records under their control that are requested and needed for a client's/patient's emergency treatment solely because payment has not been received."

illegal according to HIPAA (should comply with the law!)

Front 221

Privilege

Back 221

patient's right not to have confidential information revealed in legal proceedings (narrower than the ethical concept of confidentiality)

can be waived by the court

Front 222

how to respond when an insurance company asks for information about a former client:

Back 222

when part of peer review process, provide the insurance company with the information it requests only after ensuring that the company will take steps to protect the client's confidentiality

Front 223

Regarding record keeping, The Specialty Guidelines for Forensic Psychologists (1991) state that:

Back 223

"the standard to be applied to such documentation or recording [i.e., to records in forensic settings] anticipates that the detail and quality of such documentation will be subject to reasonable judicial scrutiny; this standard is higher than the normative standard for general clinical practice."

Front 224

When can the Ethics Committee act "sua sponte" (on it's own, without a complaint)?

Back 224

Less than one year after it discovered that any of the following actions became final: A felony conviction, a finding of malpractice, expulsion or suspension from a state association for unethical conduct, or de-licensure by a state board.

Front 225

What are the adjutication options for the Ethics Committee?

Back 225

1) Dismiss the charges
2) Recommend a sanction less than formal charges
3) Issue formal charges
4) Offer stipulated resignation

Front 226

What is the formal name for the Ethics Code?

Back 226

Ethical Principles of Psychologists and Code of Conduct

Front 227

What does the Ethics Code consist of?

Back 227

1) Introduction and Applicability
2) Preamble
3) Five General Principles (A-E)
4) Specific Ethical Standards

Front 228

What does the Introduction and Applicability section of the Ethics Code discuss?

Back 228

The intent, organization, procedural considerations, and scope of application of the Ethics Code

Front 229

What is the purpose of the Preamble and the General Principles?

Back 229

They are inspirational goals to guide psychologists toward the highest ideals of psychology. They are NOT rules.

Front 230

What is the purpose of the Ethical Standards?

Back 230

They set forth ENFORCEABLE rules for conduct as psychologists

Front 231

What part of a psychologist's life does the Ethics Code apply to?

Back 231

Only applied to activities that are part of their scientific, educational, or professional roles as psychologists.

Front 232

What does the term "reasonable" refer to in the Ethics Code?

Back 232

The prevailing professional judgment of psychologists engaged in similar activities in similar circumstances, given the knowledge the psychologist had or should have had at the time.

Front 233

When will the Ethics Committee investigate a complaint related to a psychologist's personal conduct?

Back 233

Wehn it affects his/her role as a psychologist or the public's trust in the field of psychology.

Front 234

When can't standards that relate to Reporting Ethical Violations be reported to state or national committees, licensing boards, or appropriate institutional authorities?

Back 234

a) When an intervention would violate confidentiality rights

b) When psychologists have been retained to review the work of another psychologist whose professional conduct is in question.

Front 235

Is it possible to request a deferment of adjudication of an ethics complaint pending the outcome of litigation?

Back 235

Yes

Front 236

What should psychologists do when conflicts occur between the requirements of laws, regulations, and the Ethical Standards?

Back 236

Make known their commitment to the Ethics Code and take steps to resolve the conflict in a responsible manner.

Front 237

When you are contacted by an ethics committee in response to a complaint from a client, do you always have to cooperate fully?

Back 237

Yes. Confidentiality is not an issue since the committee must obtain a signed waiver of confidentiality from the complainant before it takes any action.

Front 238

What should be done when a psychologist SUSPECTS that a personal problem may interfere with effectiveness?

Back 238

Consult

Front 239

What should be done when a psychologist KNOWS that a personal problem may interfere with effectiveness?

Back 239

Refer and/or temporarily suspend practice

Front 240

Prior to conducting assessments, psychologists must, in most cases, obtain informed consent. The exceptions including:

Back 240

1) When testing is mandated by law
2) Informed consent is implied b/c it is conducted as a routine activity (i.e., when participants are applying for a job)
3) When one purpose of the testing is to evaluate the individual's capacity to make decisions

Front 241

The term insanity is not a psychological term. It is a legal term that refers to:

Back 241

A defendant's ability to distinguish between right and wrong at the time a crime was committed

Front 242

A psychological service unit is:

Back 242

The functional unit through which psychological services are provided

Front 243

The purpose of the Specialty Guidelines is to educate the public, the profession, and interested third parties (i.e., insurance companies) as to APA's policies in:

Back 243

Clinical, counseling, school, and industrial/organizational areas, and to "facilitate the continued systematic development of the profession."

Front 244

The Guidelines for Providers of Psychological Services were adopted as a means of self-regulation to protect the public interest. They specify:

Back 244

The minimally acceptable levels of quality assurance and performance that providers of those psychological services covered by the standards must reach or exceed.

Front 245

The purpose of the Standards for Educational and Psychological Testing is:

Back 245

To provide criteria for the evaluation of tests, testing practices, and the effects of test use.

Front 246

Primary standards are:

Back 246

Those standards that should be met by all tests before their operational use, and in all test users, unless a sound professional reason is available to show why it is not necessary, or technically feasible, to do so in a particular case.

Front 247

Secondary standards are:

Back 247

Stands which are desirable, but are likely to be beyond reasonable expectation in many situations.

Front 248

Conditional standards are:

Back 248

Standards that are considered primary for some situations and secondary for others.

Front 249

Privilege is a legal term that refers to:

Back 249

A client's right to prevent confidential information from being released in a legal proceeding.