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59 Cards in this Set
- Front
- Back
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what does it mean for the Ethics Committee to act "sua sponte"?
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on its own, without a complaint - done <1yr after discovery of felony conviction, malpractice, expulsion/suspension from state assoc. for unethical conduct, or de-licensure by state board.
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In adjudicating ethics complaints, what options does committee have?
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1. dismiss charges
2. sanctions less than formal charges, a)reprimand -no harm to others, or b)censure - harm but not substantial. Sanctions lead to issuing directives (5). 3. formal charges - recommendation to drop from membership. substantial harm. 4. stipulated resignation - offer chance to resign from membership |
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Which aspects of ethics code are aspirational, not enforceable?
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1. Preamble
2. General Principles |
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Main point of Beneficence and Nonmaleficence principle.
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-do no harm
-avoid misuse of influence -awareness of own physical/mental health |
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Main point of Fidelity and Responsibility principle.
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-relationships of trust
-aware prof/scien respon. to society/communities -uphold prof standards of conduct |
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Main point of Integrity principle.
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-accuracy, honesty, truthfulness
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Main point of Justice principle.
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-entitlement of all persons access/benefits of psyc services
-aware of biases, boundaries of competence and limitations of expertise so not condone unjust practices |
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Main point of Respect for People's Rights and Dignity principle.
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-respect dignity & worth of all people, rights, confidentiality, autonomy
-aware of & respect cultural, ind, role differences |
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What is the primary purpose of the Ethics Code Principles & Standards?
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protect welfare of clients and px (even though there are standards to protect non-clients, profession, society)
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When does psychologist's personal misconduct constitue an ethical violation?
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1. engaging in act w/serious consequences (rape, murder etc.)
2. conduct becomes highly publicized, esp. if professional identity is highlighted |
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exceptions to informal resolution of ethical violations
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-attempts unsuccessful
-violations cause substantial harm or would not be resolved by way of discussion -must not violte client confidentiality |
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requirements to switch fields w/i psychology or use new tx method?
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switch fields: re-training, doctoral program
new tx: supervision except under emergency situations then treat so services not denied |
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In what situations can psychologists can refuse tx they are competent in?
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1. not discriminating
2. give approp. referral 3. not emergency sit. |
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personal problems, what do and when?
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suspect: consultation
know: refer px or temp suspension of tx |
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client-therapist differences, what do and when?
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consultation approp. unless differences so great will prevent adequate tx, then refer (i.e. biases)
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use of interpreters in tx, considerations
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-ethical if steps are taken to avoid multiple relationship between interpreter and client (no std. addresses confidentiality but good to discuss importance of)
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third party requests for services, considerations
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1. clarify nature of rel with all parties
2. outline limits of confidentiality and obtain consent 3. take reasonable steps to minimize harmful effects of practices of third party |
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informed consent for those legally incapable of giving it
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1. provide explanation
2. seek assent (not necc obtain) 3. document written or oral assesnt/consent 3. consider their wishes and interests 4. obtain substitute consent if permitted/required by law |
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court ordered consent?
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inform individual nature of services and limits of confidentiality before proceeding
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all px info is protected as confidential except when?
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1. patient has waived right
2. identifying info disguised 3. breach req or permitted by law |
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What should supervisor be told if they referred px to EAP?
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1. appt. attendence
2. necessity of tx 3. if px accepted/rejected tx 4. exceptions to confidentity spelled out in polity stmt |
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what should you do if doing a court-appointed eval and client refuses permission/disclosure accord. to limits of confidentiality?
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psychologist should not proceed and inform court she cannot fulfill evaluation mandate
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Important considerations for HIPAA
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-only applies to covered entities: those who transmit health info electronically (internet)
-stds address use of protected health info (PHI), does not include therapy notes kept separate |
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privilege vs. confidentiality
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privilege is legal right not have info disclosed in legal proceeding, confidentiality is ethical obligation
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court-appointed psychotherapist, who has privilege?
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-NO privilege
-px cannot refuse to have info released in court, but px can refuse evaluation when informed of limitations of confidentiality |
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How should you handle a subpoena situation w/privilege?
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1. legally valid?
2. if valid, discuss w/client 3. give info if client consents, if not negotiate w/requestor 4. if pursued by requestor, seek guidance from court or have attorney file motion to protect 5. if court finds privilege doesn't apply, must comply w/court unless px appeals |
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According to APA, disclosure permitted for HIV/AIDS positive px when?
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1. identifiable 3rd party
2. 3rd party unaware of their risk 3. client refused or not reliable to inform 3rd party |
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testimonials and in-person solicitation, when ok/not ok?
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1. not ok to solicit from cx, px or ind vulnerable to influence - past or current.
2. unsolicited ok, not vulnerable non-px ok 3. invited or direct mail solicitation ok, or unsolicited to third-parties ok |
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Psychologists may only barter when..
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1. not clinically contraindicated
2. arrangement is not exploitative - equitable exchange |
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When ok/not ok to withhold records?
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if needed for px emergency tx, not ok to withhold because of no payment. If not emergency than withholding is not prohibited
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standards regarding disposal of records
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1. no ethical standard per se beyond "legal obligations and client welfare"
2. legal obligations vary by state but IRS requires business/financial records kept 7 years (no indication of client tx records) |
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informed consent not required for research in which situations?
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1. no distress/harm
2. permitted by law/regs a. normal educational practices b. anonymous, naturalistic, archival responses c. study job factors no risk to employability and confidentiality protected 3. |
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deception in research permissible when?
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1. value outweighs cost of deception
2. no other way to accomplish research goal 3. timely debriefing |
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when should particiants never be deceived?
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"about research reasonable expected to cause physical pain or severe emotional distress" i.e. Miligram's experiment in 1960s
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exceptions to informed consent for assessments
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1. mandated by law or govt regs
2. is implied as part of routine activity (ie. job) 3. purpose is to evaluate decisional capacity |
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T/F: insanity is a legal as well as psychological term
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False. Insanity is only a legal term referring to a defendant's ability to distinguish right from wrong at time crime was committed. Is NOT a psychological term.
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difference between fact and expert witness
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Fact witness testifys only with regard to facts relevant to case, expert can testify about facts as well as offer an opinion or conclusion
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discuss difference between legal vs. ethical rules about stmts made by client during court-ordered evaluation
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no statement is privileged (by legal stds) but ethical guidelines prohibit use of info obtained that does not become a matter of public record
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informed consent in condition of probation vs. court-ordered evals or tx
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MUST be obtained in condition of probation cases, not necc in court-ordered cases. Limits of confidentiality must be explained
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if court ordered to do eval, part of eval becomes public record, you write a book including info not mentioned in court and no consent was given by client...is this ethical? legal?
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UNETHICAL, but LEGAL. No privilege in court-ordered evals
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sexual intimacy with former clients, when okay and under what circumstances?
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at least two years since termination and only under unusual circumstances.
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Psychologists who get involved w/clients following 2-years bear the burden of demonstrating what?
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1. no exploitation in light of: time passed, nature/intensity of tx, circumstances of termination, px history, px current mental status, likelihood of adverse impact, stmts suggesting/inviting post term contact during tx
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waht is vicarious liability or respondeat superior?
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situation in which a person is responsible for the acts/omissions of another under the person's control (ie. supervisor)
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characteristics of psychologists who become involved sexually with clients
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1. male
2. 40-50 y.o. 3. unstable marriage 4. professionally "burned out" 5. depression, sleep probs, &/or substance abuse 6. older than clients by about 10 yrs. |
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What is most frequent cause of complaints filed with APA ethics committee?
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sexual misconduct, 33% of complaints filed, also most frequent and costly of malpractice claims
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purpose of General Guidelines for Providers of Psychological Services
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1. means of self-regulation to protect public interest
2. quality assurance and performance |
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purpose of the Specialty Guidelines for the Delivery of Services
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1. educate public and profession as to policies relation to 4 applied fields
2. facilitate development of profession 3. 4 areas: clinical, counseling, school, I/O 4. only slightly more specific than general guidelines (applied to 4 areas) |
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purpose of Standards for Educational and Psychological Testing
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1. criteria for eval whether tests are properly used
2. primary (all), secondary (desirable) and conditional (depends of 1' or 2') |
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purpose of Guidelines for Providers of Psyc Services to Ethnlic, Linguistic & Culturally Diverse Pops
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1. aspirational in nature
2. provide suggestions to psychologists working with ethnic, linguistic, and culturally diverse pops |
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primary goal of state licensure/certification laws?
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protect public welfare
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goal of EPPP licensing exam?
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measure of knowledge relevant to practice and professional ethics
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primary validity of EPPP
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content validity, ex. item review
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Selling questions on licensing exam, ethical? legal?
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both illegal and unethical
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In the event of malpractice or liability issues, what is the best defense?
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maintenance of adequate records
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Name the three legal elements must be present before malpractice suit can succeed:
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1. professional rel w/client
2. negligence 3. harm occurred as result of #2 |
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Common causes of malpractice claims in order of occurence.
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1. sexual and dual relationships
2. competence 3. confidentiality 4. financial arrangemetns |
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steps you should take when HMO refuses to authorize additional services
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1. address possiblity at outset & options
2. appeal decision - std of care 3. make plans to address, ex. reduced cost, frequency, or referral to community-based clinic |
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Name 4 types of Managed Care Organizations:
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1. HMO-closed group systems
2. PPO-open networks, cost contained, external reviews 3. IPA-practitioners contract w/HMOs 4. EAP-workplace rel, not ongoing review like PPOs |
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Managed Care utilization review vs. quality assurance
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utilization review is concerned w/cost containment while quality assurance is concerned with delivery of health care resources through prof stds.
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