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36 Cards in this Set

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  • Back
ELEMENTS OF INFORMED CONSENT
1. an individual must have adequate information (knowledge,
2. be able to comprehend that information,
3. must give consent voluntarily (without coercion),
4. must have the competence (capacity) to make rational decisions.
An employee is receiving counseling from a psychologist through his company's employee assistance program.‭ ‬In this situation,‭ ‬the psychologist can let the employee's supervisor know that the employee is receiving treatment:
only if the employee was referred to the program by the supervisor.

Confidentiality is a critical issue in employee assistance programs (EAPs). Under normal circumstances, information about an employee’s condition or treatment is not revealed without the employee's consent.

Confidentiality may be breached in the context of EAPs in those situations that it can be breached in other contexts (e.g., when a client is believed to be a danger to him/herself or to others). In addition, when an employee comes for counseling as the result of a referral by his/her supervisor, the supervisor can be given limited information – i.e., the supervisor can be told if the employee kept the appointment, whether the employee needs treatment, and whether the employee has accepted treatment. The supervisor should not be given any other information about the employee without the employee’s consent.
A psychologist who already has an established therapeutic relationship with a child is asked to act as an expert witness in a divorce proceeding involving custody of the child.‭ ‬The psychologist's best course of action would be to:
decline the request to testify.

The psychologist already has an established relationship with the child, which changes the situation in an important way.

Since the psychologist has a therapeutic relationship with the child, it would be in the child's best interests for the psychologist to refrain from testifying. Instead, the psychologist’s role should be to provide the child with continued support.

Even if both parents consent to her testimony, the psychologist would be engaging in a multiple relationship which ordinarily should be avoided in custody cases.

Agree to testify only if she can evaluate all of the involved parties would be the best course of action when a psychologist does not have a previous relationship with any of the involved parties.
Dr.‭ ‬Karen Kempfer,‭ ‬a licensed psychologist who specializes in couple and marriage therapy,‭ ‬has tested positive for HIV.‭ ‬In terms of ethical requirements,‭ ‬Dr.‭ ‬Kempfer:
should refrain from participating in any professional activities that might be adversely affected by her medical condition.

This answer is most consistent with ethical guidelines that address the impact of a psychologist’s social, emotional, and health-related problems on his/her professional services. Standard 2.06 requires psychologists to “refrain from initiating an activity when they know or should know there is a substantial likelihood that their personal problems will prevent them from performing their work-related activities in a competent manner”; and Principle II.11 similarly requires psychologists to obtain appropriate help and/or discontinue professional activities when “a physical or psychological condition reduces their ability to benefit and not harm others.”

Although Dr. Kempfer should take appropriate action if she believes her condition may interfere with her effectiveness as a therapist, supervision may not be the best course of action.
Which of the following is‭ ‬not a condition for a claim of malpractice against a psychologist‭?
There must be evidence that the psychologist’s actions were not in the best interests of the client.

A claim of malpractice requires that four conditions be met: a duty to the client; a breach of that duty; harm to the patient; and a causal relationship between the breach of duty and harm to the patient.

This does not accurately describe one of the four conditions.
A non-custodial parent asks Dr.‭ ‬Maxine Miller,‭ ‬a school psychologist,‭ ‬for the results of the tests she recently administered to his‭ ‬5th grade son. ‭ ‬If Dr.‭ ‬Miller complies with the father’s request,‭ ‬she will have acted:
legally and ethically.

The rights of non-custodial parents may be limited in terms of obtaining psychological services for their children. However, custody status does not necessarily affect access to certain kinds of information.

The laws relevant to this situation vary from jurisdiction to jurisdiction but, in general, non-custodial parents have the right to obtain information about their children. In California, for example, the law states that "Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including but not limited to medical, dental, and school records, shall not be denied to a parent because such parent is not the child's custodial parent"
You are contacted by a defendant's attorney to evaluate the defendant to determine if there are grounds for the insanity defense.‭ ‬Who is the‭ “‬holder of the privilege‭” ‬in this situation‭?
the defendant.

Keep in mind that privilege is waived only in certain circumstances and that, even when it is waived, another person or agency does not become the “holder of the privilege.”

The defendant would still be the “holder of the privilege” even if privilege is waived. (Note that, in the situation described in this question, privilege would be waived only if the defendant actually claims insanity as his/her defense during the trial.)
Ethical standards for varying professions differ with regard to their emphasis and perspective.‭ ‬As a psychologist working in a multidisciplinary setting,‭ ‬you should:
cooperate with other professionals when developing professional and ethical standards for psychological services.

Psychologists frequently consult with other professionals, such as medical doctors, lawyers, and teachers. It is imperative that they be aware that every profession has professional and ethical standards that must be maintained.

General Principle B of APA's Ethics Code states that “psychologists consult with, refer to, or cooperate with other professionals and institutions to the extent needed to serve the best interests of those with whom they work”; and the Values Statement of Principle IV of the Canadian Code of Ethics states that “in order to be responsible and accountable to society, and to contribute constructively to its ongoing development, psychologists need to be willing to work in partnership with others.” This answer is most consistent with these guidelines.
Which of the following best describes the requirements of the privacy rule of the Health Insurance Portability and Accountability Act‭ (‬HIPAA‭)?
The privacy rule is superceded by state laws when those laws provide greater privacy protection.

HIPAA’s privacy rule provides standards for protecting the privacy and security of health information that is transmitted electronically.

The privacy rule provides minimum standards for access to and use of patient information and is superceded by other laws that provide patients with greater control over their health records.
Which of the following is true about the use of deception in a research study that may cause participants pain‭?
Deception is prohibited whether the pain is physical or psychological in nature.

Deception in research is acceptable only when certain conditions are met.

Standard 8.07(b), for example, states that “psychologists do not deceive prospective participants about research that is reasonably expected to cause physical pain or severe emotional distress.”
In most situations,‭ ‬the‭ “‬holder of the privilege‭” ‬is:
the client

Privilege is a legal term that refers to “privileged communication.”

Privilege is a legal requirement that prohibits (with some exceptions) confidential client information from being disclosed in legal proceedings. The client is the holder of the privilege – i.e., in most circumstances, only the client can determine when confidential information may be disclosed.
APA’s‭ ‬Record Keeping Guidelines
The Record Keeping Guidelines provide a specific length of time for retaining client records. (Note, however, that laws and regulations relevant to record retention take precedence over these guidelines.)

the full record must be maintained for at least 3 years after last contact with the client and the full record or a summary of it must be maintained for an additional 12 years.
You receive a phone call from Hermann H.,‭ ‬age‭ ‬28,‭ ‬who says he is‭ “‬totally miserable‭” ‬because of the recent breakup with his girlfriend and that he would like to begin therapy with you.‭ ‬During the first session with Hermann,‭ ‬you find out that his political views are completely repugnant to you,‭ ‬and you feel that you would not enjoy working with him. ‭ ‬As an ethical psychologist,‭ ‬you should:
provide Hermann with appropriate referrals.

Psychologists are not required to see every client who seeks their services – and, to do so, would be unethical if the client's characteristics interfere with the provision of adequate services.

Of the responses given, this one describes the action that is in the best interests of both the client and you (the therapist).
A psychologist realizes that one of her therapy clients is a co-owner of a company that just hired her as a consultant.‭ ‬To be consistent with ethical requirements,‭ ‬the psychologist should:
remedy the situation in a way that takes the client''s best interests into account.

This is a difficult question to answer since none of the answers is incorrect. However, the best answer is the one that comes closest to the actual language of the ethical guidelines.

The provisions of the APA and CPA ethical guidelines are somewhat ambiguous with regard to this issue. However, Standard 3.05(b) of the APA’s Ethics Code states that, when a multiple relationship occurs, “the psychologist takes reasonable steps to resolve it with due regard for the best interests of the affected person and maximal compliance with the Ethics Code”; and the Values Statement of Principle III of the Canadian Code of Ethics contains similar language.
Which of the following best describes ethical guidelines for the use of deception in research‭?
Deception is prohibited whenever it involves deceiving potential participants about aspects of the study that would affect their willingness to participate.

According to ethical guidelines, deception can be used in research only when it is justified by the study's potential value, when it has been determined that alternative procedures are not available, and when participants are not deceived about aspects of a study that would otherwise influence their willingness to participate in the study.
Which of the following best describes the requirements of the privacy rule of the Health Insurance Portability and Accountability Act‭ (‬HIPAA‭)?
The privacy rule is superceded by state laws when those laws provide greater privacy protection.

HIPAA’s privacy rule provides standards for protecting the privacy and security of health information that is transmitted electronically.

The privacy rule provides minimum standards for access to and use of patient information and is superceded by other laws that provide patients with greater control over their health records.
You are contacted by a defendant's attorney to evaluate the defendant to determine if there are grounds for the insanity defense.‭ ‬Who is the‭ “‬holder of the privilege‭” ‬in this situation‭?
the defendent.

Keep in mind that privilege is waived only in certain circumstances and that, even when it is waived, another person or agency does not become the “holder of the privilege.”

The defendant would still be the “holder of the privilege” even if privilege is waived. (Note that, in the situation described in this question, privilege would be waived only if the defendant actually claims insanity as his/her defense during the trial.)
Dr.‭ ‬Calvin Claymore,‭ ‬a licensed psychologist,‭ ‬regularly waives the co-payment for low-income clients whose therapy fees are covered by insurance.‭ ‬This practice is:
ethical only if the insurance company has agreed to this arrangement.

The practice described in this question represents insurance fraud, which is both unethical and illegal.

Most insurance companies agree to pay a specific percentage of a psychologist’s fee but, when the co-payment is waived, this means the insurance company is paying the entire fee. Consequently, regularly waiving the co-payment without the permission of the insurance company represents insurance fraud.
Which of the following is true about the use of deception in a research study that may cause participants pain‭?
Deception is prohibited whether the pain is physical or psychological in nature.

Deception in research is acceptable only when certain conditions are met.

This answer is most consistent with Standard 8.07(b) of the APA’s Ethics Code and Principle III.24 of the Canadian Code of Ethics. Standard 8.07(b), for example, states that “psychologists do not deceive prospective participants about research that is reasonably expected to cause physical pain or severe emotional distress.”
If a psychologist acts as both a fact witness for the plaintiff and an expert witness for the court in a criminal trial,‭ ‬she has acted:
ethically as long as she clarifies her roles with all parties.

According to ethical guidelines, accepting multiple roles may be acceptable as long as certain conditions are met – e.g., as long as the psychologist clarifies the nature of the multiples relationships with all involved parties. In addition, the Specialty Guidelines for Forensic Psychologists states that acting as a consultant for one party and a fact witness for another may be acceptable as long as the psychologist clarifies his/her roles with both parties and acts in a way that does not compromise his/her judgment and objectivity.
Dr.‭ ‬Donald Dreadmire is starting a therapy group for recently divorced men.‭ ‬He tells the editor of the local newspaper‭ (‬who has just divorced his wife‭) ‬that he can attend the group for free if the editor includes an article about the program in the newspaper.‭ ‬Dr.‭ ‬Dreadmire has acted:
unethically because his request is exploitative and violates ethical guidelines.

Of the answers given, this one is most consistent with ethical guidelines. Standard 5.02(b) of the Ethics Code prohibits psychologists from compensating “employees of press, radio, television, or other communication media in return for publicity in a news item”; and Principle III.31 of the Canadian Code of Ethics prohibits psychologists from exploiting “any relationship established as a psychologist to further personal, political, or business interests at the expense of the best interests of their clients.”
The APA’s‭ ‬Record Keeping Guidelines provide specific guidelines for maintaining records in the absence of applicable laws and regulations.‭ ‬Which of the following accurately summarizes these guidelines with regard to maintaining the records of a former adult client‭?
The full record must be maintained for a minimum of‭ ‬3‭ ‬years and the full record or a summary of it must be maintained for an additional‭ ‬12‭ ‬years.

The Record Keeping Guidelines provide a specific length of time for retaining client records. (Note, however, that laws and regulations relevant to record retention take precedence over these guidelines.)

This answer accurately summarizes the requirements of the Record Keeping Guidelines – i.e., the full record must be maintained for at least 3 years after last contact with the client and the full record or a summary of it must be maintained for an additional 12 years.
An insurance company requests that you fax the company confidential client information.‭ ‬Assuming that the client has signed a release for this information,‭ ‬you should:
make sure that all identifying information is removed or coded.

You would not have control over who sees the documents once they’ve been transmitted, and this course of action would ensure that client information is kept confidential.

Marking the material “confidential” would not guarantee that client confidentiality would be maintained.
An employee is receiving counseling from a psychologist through his company's employee assistance program.‭ ‬In this situation,‭ ‬the psychologist can let the employee's supervisor know that the employee is receiving treatment:
only if the employee was referred to the program by the supervisor.

Confidentiality is a critical issue in employee assistance programs (EAPs). Under normal circumstances, information about an employee’s condition or treatment is not revealed without the employee's consent.

Confidentiality may be breached in the context of EAPs in those situations that it can be breached in other contexts (e.g., when a client is believed to be a danger to him/herself or to others). In addition, when an employee comes for counseling as the result of a referral by his/her supervisor, the supervisor can be given limited information – i.e., the supervisor can be told if the employee kept the appointment, whether the employee needs treatment, and whether the employee has accepted treatment. The supervisor should not be given any other information about the employee without the employee’s consent.
Vicarious liability is most likely to be an issue when a psychologist is acting in which of the following capacities‭?
supervisor.

Vicarious liability (also known as derivative and secondary liability) is a legal term that refers to a person’s responsibility for the actions of another person.

Vicarious liability (also known as derivative and secondary liability) is a legal term that refers to a person’s responsibility for the actions of another person.

A psychologist may have vicarious liability when his/her employee or supervisee engages in illegal behavior.
Question
Answer
Which of the following is‭ ‬not an element of informed consent‭?
"credibility.
An employee is receiving counseling from a psychologist through his company's employee assistance program.‭ ‬In this situation,‭ ‬the psychologist can let the employee's supervisor know that the employee is receiving treatment:
"only if the employee was referred to the program by the supervisor.
A psychologist who already has an established therapeutic relationship with a child is asked to act as an expert witness in a divorce proceeding involving custody of the child.‭ ‬The psychologist's best course of action would be to:
"decline the request to testify.
Dr.‭ ‬Karen Kempfer,‭ ‬a licensed psychologist who specializes in couple and marriage therapy,‭ ‬has tested positive for HIV.‭ ‬In terms of ethical requirements,‭ ‬Dr.‭ ‬Kempfer:
"should refrain from participating in any professional activities that might be adversely affected by her medical condition.
Which of the following is‭ ‬not a condition for a claim of malpractice against a psychologist‭?
"There must be evidence that the psychologist’s actions were not in the best interests of the client.
A non-custodial parent asks Dr.‭ ‬Maxine Miller,‭ ‬a school psychologist,‭ ‬for the results of the tests she recently administered to his‭ ‬5th grade son. ‭ ‬If Dr.‭ ‬Miller complies with the father’s request,‭ ‬she will have acted:
"legally and ethically.
You are contacted by a defendant's attorney to evaluate the defendant to determine if there are grounds for the insanity defense.‭ ‬Who is the‭ “‬holder of the privilege‭” ‬in this situation‭?
"the defendant.
Ethical standards for varying professions differ with regard to their emphasis and perspective.‭ ‬As a psychologist working in a multidisciplinary setting,‭ ‬you should:
"cooperate with other professionals when developing professional and ethical standards for psychological services.
Which of the following best describes the requirements of the privacy rule of the Health Insurance Portability and Accountability Act‭ (‬HIPAA‭)?
"The privacy rule is superceded by state laws when those laws provide greater privacy protection.
Which of the following is true about the use of deception in a research study that may cause participants pain‭?
"Deception is prohibited whether the pain is physical or psychological in nature.