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68 Cards in this Set
- Front
- Back
- 3rd side (hint)
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(A) General Considerations
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1. Purpose 2. Scope 3. Violations 4. Aids to interpretation 5. Response to written inquiry |
What are the general considerations for the rules of professional conduct? PSVAR (5 rules) |
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1. Purpose
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Rules of professional conduct constitute the standards against which the required professional conduct of a psychologist is measured |
What is the purpose of the rules of professional conduct?
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2. Scope
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Rules of professional conduct shall apply to all license holders, supervisees, & applicants; including the applicants conduct during their education, training, and employment that is required for licensure. The term 'psychologist' shall be interpreted accordingly whenever psychological services are provided in any context. |
Who do the rules apply to?
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3. Violations
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A violation of rules of professional conduct constitutes unprofessional conduct and is sufficient reason for a reprimand, suspension or revocation of license, or denial of original/reinstatement of licensure. |
What constitutes a violation of the rules?
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4. Aids to interpretation
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Ethics codes & standards by the APA, the ASPPB, & other relevant professional groups shall be used as aids in resolving ambiguities that may arise when interpreting the rules of professional conduct -Ohio rules of professional conduct prevail when a conflict exists between the Ohio rules and professional association standards |
What else is used to resolve ambiguities in the rules?
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5. Response to written inquiry
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License holder or applicant shall provide a written response within a reasonable timeframe (not to exceed 60 days) to any written inquiry regarding compliance with rules & laws received from the board.
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How should you respond if you are given a written inquiry by the board?
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(B) Negligence
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1. What constitutes as negligent 2. Sexual harassment 3. Misrepresentation of qualifications 4. Misrepresentation of affiliations 5. Solicitation of business by clients 6. Promotional activities 7. Maintenance & retention of records |
What are the categories to consider when determining negligence? WSQASPM (7 rules) |
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1. What constitutes as negligent
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License holder in a professional psychological role shall be considered negligent if their behaviors toward their clients, evaluees, supervisees, students, or employees clearly fall below the standards of acceptable practice of psychology.
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Overall, what constitutes negligence?
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2. Sexual harassment
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License holders shall not engage in sexual harassment including: -sexual solicitation -physical advances -verbal/nonverbal conduct that is sexual in nature that occurs in connection with their role as a psychologist that is either/or: -unwelcome, offensive, or creates a hostile work environment -sufficiently severe or intense to be abusive, to a reasonable person in the context *Can be a single or multiple acts. |
What constitutes sexual harassment?
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3. Misrepresentation of qualifications
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License holder shall not misrepresent (directly or by implication) their professional qualifications such as: -education -specialized training -experience -areas of competence |
How can one misrepresent their qualifications?
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4. Misrepresentation of affiliations
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License holder shall not misrepresent (directly or by implication) their affiliations or the purposes/characteristics of organizations/institutions with which they are associated. These include: a. Qualifications that differ from actual qualifications (use of degree, title, organizational affiliation/individual). Psychologist is responsible for correcting any misrepresentation if they have knowledge of it. b. False/misleading info in public statements c. Association with/permit their name to be used in connections with services/products in such a way to misrepresent them, the degree of their responsibility for them, or the nature of their association with them. |
How can one misrepresent their affiliations?
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5. Solicitation of business by clients
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License holder shall not request/authorize any client to solicit business on behalf of the license holder.
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6. Promotional activities
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License holder associated with the development, promotion, or sale of psychological devices, books, or other products shall ensure that the products are not misrepresented as to: -qualities -performance -results to be obtained by their use |
If a license holder is associated with the development of products, they shall not...
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7. Maintenance & retention of records
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a. License holder rendering individual services or billing to a third-party payer shall maintain a professional record that includes: -presenting problem -date & purpose of each service contact -fee arrangement -any test or evaluative results -test data -copy of test or evaluative reports prepared as part of the professional relationship -notation of providing communication of assessment results (in the absence of a written report) -notation & results of formal contacts w/other providers -authorizations for ROIs -written documentation that the client has provided informed consent -justification/rationale for not releasing records in response to a valid request, including the reason for making a determination that the disclosure was likely to have an adverse effect of the client -knowledge of all multiple relationships present, with reasoning as to why it is in the best interest of the client and/or not harmful to continue the relationship b. for adults-all contents of the professional record are maintained for no less than 7 years after the last date of service, or longer if it is required so by other regulations for minors-no less than 2 years after the minor has reached the age of majority or for 7 years, whichever is longer. c. store & dispose of written, electronic, & other records in a manner to ensure confidentiality. License holders shall prepare in advance & disseminate to an identifiable person a written plan to facilitate appropriate transfer & to protect the confidentiality of records in the event that they withdraw from their position or practice. -each license holder must report this to the board on their biennial registration form: *name *address *telephone number of a license holder or other appropriate person knowledgeable about the location of the written plan for transfer & custody of records & responsibility for records in the event of the licensee's absence, emergency, or death. This written plan shall be made available to the board upon request. d. If a complaint is filed, license holder shall provide the original or full copy of the client's file or other client-identifiable documents to the board upon request if the request is accompanied by a ROI signed by the client. e. License holders shall be familiar with state & federal laws & regulations relevant to client access to their records of services, and shall limit this access only in exceptional circumstances in which the license holder determines for clearly stated treatment reasons that disclosure is likely to have an adverse effect of the client. f. License holders shall be aware of and adhere to the ORC & other laws governing a divorced non-residential parent's rights to access a license holder's records related to the parent's child.
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18 rules
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(C) Welfare of the client, evaluee, & associated persons
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1. Conflicts of interest 2. Unforseen multiple relationships 3. Sufficient professional information 4. Informed consent 5. Dependency 6. Media 7. Stereotypes 8. Termination/alternatives 9. Referral 10. Continuity of care 11. Interruption of services 12. Practicing while impaired |
What are the categories that pertain to client welfare? CUSIDMSTRCIP(12) |
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1. Conflicts of interest
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Actively identify, disclose, document, & remedy COI & potential COI. Actively clarify & document their role providing/offering psychological services. COI situations include, but are not limited to: -in a Tx role with 2 or more clients who have a relationship with each other & are aware of each others' participation (couples/family members); shall clarify with all parties and document the nature of one's professional obligations to various clients receiving services, including limits of confidentiality and access to records -In a Tx role with 1 or more adults involved in a contested parenting time or custody dispute shall anticipate being asked to participate in conflicting roles; shall clarify & document as early as feasible that their role is restricted to providing therapeutic services, and shall take appropriate action to avoid role conflicts. -In a Tx role with one or more adults in a contested parenting role or custody dispute shall not render verbal/written opinions to any person/entity, including (but not limited to): *client *any court *attorney *GAL *other professional about the client's access or other person's access to, or parenting time with, any child. - In a Tx role w/1 or more children shall not render verbal/written opinions about any adults' access to or parenting time with a client(s). -In the absence of a pre-existing relationship, license holder may undertake roles specifically determined by a court, adjudicative body, or child welfare agency, wherein rendering opinions may be necessary & appropriate, if consistent with a written order or directive, & if the role is established in written informed consent procedures. -Where there is a COI between the client & the organization that the licensee is contracted, employed, or affiliated, the licensee shall clarify their loyalties & responsibilities & shall keep all parties informed of his/her commitments. |
What constitutes a COI? 6 kinds of COI |
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2. Unforeseen multiple relationships
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If a licensee determines that, due to unforeseen factors, a prohibited multiple relationship has inadvertently developed, they shall take reasonable steps to resolve it w/due regard for the welfare of the people that they have/had a professional psychological role. -all potential multiple relationships shall be discussed with the client ASAP after first being recognized and shall continue only with the parties' agreement. -Licensees document the discovery of all multiple relationships, with reasoning as to why it is in the best interest of the client and/or not harmful to continue the professional relationship. -As warranted, the presence of a multiple relationship shall be reassessed & justified in the record. Issues such as informed consent & professional consultation shall be considered & documented to ensure that judgement is not impaired & that no exploitation of any person occurs. |
How to handle unforeseen multiple relationships 3 reasonable steps |
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3. Sufficient professional information
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A licensee rendering a formal professional opinion/recommendation about a person shall NOT do so without substantial professional information within a clearly defined role.
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If giving a professional opinion...
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4. Informed consent
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A licensee shall accord each client informed choice, confidentiality, & reasonable protection from physical/mental harm or danger. 1. clearly document written informed consent, permission, or assent, as warranted by the circumstances, for Tx or evaluation prior to proceeding with the provision of psychological services. 2. When licensee is in an individual Tx role, there may be reason for a third party to join 1 or more sessions for a limited purpose. The licensee shall document that the client or legal guardian has acknowledged understanding the purpose & need for the third party to be present & the circumstances & extent to which confidential information may be disclosed. Licensee shall document that the third party has provided understanding that they are not a client, that there is no expectation of confidentiality between the licensee & third party, & that the third party may not have the right to access any part of the client's file (unless the client provided written authorization). Licensee shall NOT render opinions/recommendations to any party/entity, including but not limited to the client, any court, attorney, GAL, or other professional concerning the third party. 3. Shall keep the client fully informed as to the purpose/nature of any Tx or other procedures, & the person's right to freedom of choice regarding services offered. Licensee shall give truthful, understandable, and reasonably complete account of a client's condition to the client (or those legally responsible) in accord with informed consent purposes. 4. When a court/adjudicative body orders an evaluation, assessment, or intervention, the licensee shall document and inform the evaluee/client of the parameters of the court order & shall NOT provide services or opinions beyond the parameters. 5. When a licensee provides services to 2 or more clients who have a relationship with each other & are unaware of each other's participation in Tx, licensee shall clarify with all parties & document their understanding about how records of services will be maintained who has access to the records, & any limits of access to the records. |
5 considerations for informed consent
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5. Dependency
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Due to an inherently influential position, a licensee shall NOT exploit the trust or dependency of any client, supervisee, evaluee, or other person whom their is a professional psychological role.
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Shall not...
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6. Media
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Psychological services for the purposed of Dx, Tx, or personalized advice shall be provided only in the context of a professional relationship, & shall NOT be given by means of public lecture/demonstrations, newspaper/magazine articles, radio/television programs, or similar media.
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Licensee shall...and shall not...
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7. Stereotypes
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Licensee shall NOT impose on a client any stereotypes of behavior, values, or roles related to: -age -gender -religion -race -disability -nationality -sexual orientation that would interfere with the objective provision of psychological services to the client. |
Licensee shall not...
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8. Termination/alternatives
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Licensee shall terminate a professional relationship when it is reasonably clear that the client is not benefitting from the relationship, and shall offer to help locate alternative sources of professional services or assistance if indicated.
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When to terminate
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9. Referral
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Licensee shall make an appropriate referral of a client to another professional when requested to do so by the client.
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When to refer
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10. Continuity of care
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Licensee shall make arrangements for another appropriate professional(s) to deal with the emergency needs of their clients during periods of foreseeable absence from professional availability.
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Licensee shall...when...
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11. Interruption of services
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1. Licensee makes reasonable efforts to plan for continuity of care in the event that services are interrupted by factors such as illness, unavailability, relocation, or death, or the client's relocation or financial limitations. 2. Licensee entering into employment/contractual relationships shall make reasonable efforts to provide for orderly & appropriate resolution of responsibility for client care in the vent that the employment/contractual relationship ends, with paramount consideration being given to the welfare of the client. A licensee who serves as an employer to other licensees has the obligation to make similar appropriate arrangements. |
2 considerations
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12. Practicing while impaired
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Licensee shall not undertake or continue a professional psychological role when their judgement, competence, and/or objectivity is impaired due to: -mental -emotional -physiological -pharmacological -substance abuse conditions If impairment develops after a professional role has been initiated, licensee shall: -terminate the professional role in an appropriate manner -notify the client and/or other relevant parties of the termination in writing -assist client, supervisee, or evaluee in obtaining appropriate services from another appropriate professional. |
Licensee shall not...and shall...if impairment develops after initiation of a professional role
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(D) Remuneration
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1. Financial arrangements 2. Improper financial arrangements |
2 overarching concepts
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1. Financial arrangements
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1. All financial arrangements shall be documented and made clear to each client in advance of billing, preferably within the first session, but no later than the end of the second session, unless the disclosure is contraindicated in the licensee's professional judgement. (If disclosure is not made by the end of the second session, the licensee bears the burden of demonstrating that the disclosure was contraindicated & the client was not harmed as a result. 2. Licensee shall NOT mislead/withhold the cost of their professional services from any client, prospective client, or thrid-party payer. 3. Licensee shall NOT exploit a client or responsible payer by charging a fee that is excessive for the services performed or by entering into an exploitative bartering relationship in lieu of a fee. 4. The primary obligation of a licensee employed by an institution/agency/school is to people entitled to their services through the institution/agency/school. Licensee shall NOT accept a private fee or any other form of remuneration by such people unless the policies of the institution/agency/school make explicit provision for private work with its clients by memebers of its staff. In such instances, the client/guardian shall be fully apprised of available services & all policies affecting them prior to entering into a private professional relationship with a licensee. 5. Licensee, when providing services to a pool of subscribers through a thrid-party payer capitation (or variation of capitation), reimbursement arrangement, who is thus being paid on other than a strictly fee-for-service basis, shall disclose that information in writing to each client member of the subscriber pool at the beginning of the professional relationship. The written disclosure shall describe the nature of the reimbursement arrangement including that the thrid-party payer has established a set dollar amount that the licensee will be paid regardless of the cost/frequency of the services provided. |
5 items
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2. Improper financial arrangements
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1. Licensee shall NEITHER derive NOR solicit any form of monetary profit/personal gain as a result of their professional relationship with clients/immediate ex-clients, beyond the payment of fees for psychological services rendered. -unsolicitied token gifts from clients are permissable 2. Licensee shall NOT use their professional relationship with clients/immediate ex-clients to derive personal gain, other than through fees for professional services, for themselves or any other person, or any organization from the sale or promotion of a non-psychology-related product or service. 3. Licensee shall NEITHER give NOR receive commission, rebate, or other form of remuneration for referral of a client for professional services, without full disclosure in advance to the client of the terms of such arrangement. 4. Licensee shall NOT bill for services that are not rendered. However, they may bill for missed appointments that the client did not cancel in advance, if this is part of the financial arrangements made.
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4 items
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(E) Multiple relationships
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1. Unavoidable interpersonal contacts 2. Prohibited multiple relationships |
2 overarching principles
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Definition of multiple relationships
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Exists when a licensee is in a professional psychological role & in another relationship with the same person/entity or with an individual closely associated with the person/entity. Depending on timing & nature of one's interactions before or after the establishment of professional psychological role, multiple relationships can result in exploitation of others, impaired judgement by clients, supervisees, & evaluees, and/or impaired judgement, competence, & objectivity of the psychologist. Psychologists actively identify/manage interpersonal boundaries to ensure that there is no exploitation of others & that professional judgement, competence, & objectivity within one's professional psychological role are not compromised. |
3 components
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1. Unavoidable interpersonal contacts
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In some communities/situations, unavoidable interpersonal contacts can occur d/t cultural, linguistic, or geographical considerations.
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2. Prohibited multiple relationships
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Expressly prohibitied relationships d/t inherent risks of exploitation, impaired judgement by clients, supervisees, evaluees, and/or impaired judgement, competence, or objectivity of the licensee: 1. Licensee shall NOT undertake a professional psychological role with: -persons whom they have engaged in sexual intercourse or other sexual intimacies -familial, personal, supervisory, employment, or other relationships (and the professional psychological role results in: exploitation of the person, or impaired judgement, competence, and/or objectivity in the performance of one's functions as a licensee. 2. Licensee shall NOT: -engage in sexual intimacies or sexual verbal/nonverbal conduct w/any current client, supervisee, or evaluee, or with any person closely associated with them (and the multiple relationship results in exploitation of the person; or, impaired judgement, competence, and/or objectivity in the performance of one's function as a licensee). 3. Licensee shall NOT: -engage in sexual intimacies or sexual verbal/nonverbal conduct with any person with whom there has been a professional psychological role anytime within the previous 24 months -Enter into any personal, financial, employment, or other relationship (other than reestablishing a professional role) with any person whom there has been a professional psychological role any time within the previous 24 months (and the multiple relationship results in exploitation of the person, or impaired judgement, competence, and/or objectivity of the licensee) 4. Licensee shall NOT terminate or interrupt a professional role with any person for the purpose (expressed or implied) of entering into a sexual, personal, or financial relationship with that person and any individual closely associated with that person. 5. The prohibitions extend indefinitely beyond 24 months after termination if the person (secondary to emotional, mental, or cognitive impairment) remains vulnerable to exploitative influence. |
5 considerations
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(F) Testing and test interpretation
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1. Assessment procedures 2. Test security 3. Test interpretation |
3 overarching categories PSI |
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1. Assessment procedures
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1. Licensee shall treat assessment results/interpretations regarding an individual as confidential info. 2. Licensee shall accompany communication of results of assessment procedures to a client, parents, legal guardians, or other agents of the client with interpretation aids/explanations in language these persons can understand. 3. Licensee shall include in their report of the results of a test or assessment procedures any reservations regarding the possible inappropriateness of the test for the person assessed. 4. Licensee offering an assessment procedure or automated interpretation service to other professionals shall accompany this offering with a manual or other printed material that fully describes: -development of assessment procedure -rationale -evidence of validity/reliability -characteristics of the normative population Licensee shall explicitly state the purpose & application for which the procedure is recommended & identify special qualifications required to administer & interpret properly. Licensee shall ensure that any advertisements for the assessment procedure/interpretive service are factual & descriptive. Such services are considered a professional to professional consultation. Licensee shall make and document reasonable efforts to avoid misuse of such assessment reports. 5. Licensees shall NOT prepare personnel reports & recommendations based on test data secured solely by mail, unless such appraisals are an integral part of continuing client relationship w/a company, the licensee has intimate knowledge of the client's personnel situation, and can be assured that it can be properly interpreted by the client. (Reports shall NOT contain comprehensive analyses of personality traits as this would be only be appropriate after intensive client interviews) 6. Licensee shall choose only appropriate tests and given them only for justifiable purposes to benefit the client. |
6 considerations (5 shall, 1 shall not) |
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2. Test security
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Psychological tests/assessments shall NOT be reproduced/described in popular publications in ways that might invalidate the techniques (manuals, instruments, protocols, test questions or stimuli and does not include test data) Licensees make reasonable efforts to maintain the integrity/security of test materials consistent with law and contractual obligations (access to such devices is limited to persons with professional interest who will safeguard their use) publications1. Sample items that represent real items can be reproduced, but real items and scorable tests shall not be reproduced except in professional pulications. 2. licensee is responsible for the security of psychological tests, other devices, and procedures used for instructional purposes.
3. Licensees shall NOT permit inadequately supervised use of psychological tests/assessment measures unless the measure is designed, intended, and validated for self-administration and this is supported by the instructions of the test publisher. |
3 facets
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3. Test interpretation
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1. Test scores may be released to another person/organization only in a manner that adheres to the client's rights to confidentiality. situational2. Test results/other assessment data used for evaluation/classification are communicated to employers, relatives, or other appropriate persons in such a manner to guard against misinterpretation/misuse. Licensees take into account the purpose as well as various test factors, test-taking abilities, & other characteristics of the person being assessed (situational, personal, linguistic, & cultural differences) that might affect professional judgements or reduce the accuracy of interpretations, and significant limitations of interpretations are indicated. 3. Licensee always respects the client/guardian's right to know the results, interpretations made, their conclusions, and the bases for recommendations. *When a licensee provides the client with verbal communication rather than a written report of results, this shall be documented in the client record. |
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(G) Confidentiality
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1. Confidential information 2. Protecting confidentiality of clients |
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1. Confidential information
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*Information revealed by an individual(s) or obtained by licensee, when there is reasonable expectation that it was revealed/obtained as a result of the professional relationship. Such information is not to be disclosed without the informed consent of the individual. 1. When rendering services as part of a team or interacting with other appropriate professionals concerning the welfare of a client, licensee may share confidential information about the client if reasonable steps are taken to ensure that all people receiving the information are informed about the confidential nature of the info & agree to abide by the rules of confidentiality. 2. When any confidential info is used for teaching, research, or other published reports, licensee shall exercise reasonable care to ensure the material is appropriately disguised to prevent client identification. 3. Licensee shall ensure that no sessions or diagnostic interviews are observed or electronically recorded without first informing the client/guardian and obtaining/documenting written consent from the same. 4. Licensee shall limit access to client records and ensure that all people working under their authority comply with the requirements for confidentiality of client material. 5. Licensee shall continue to treat all info as confidential after the professional relationship has ceased. 6. When more than one party has appropriate interest about services rendered to a client, licensee shall clarify to all parities the dimensions of confidentiality & professional responsibility that shall pertain in the rendering of services. -when the client is an organization or when client has been referred by third party -licensee shall clarify with the individual receiving services (referred by third party), under what conditions (including costs, information, or feedback) will be provided to the individual receiving services. |
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2. Protecting confidentiality of clients
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Confidential relations/communications between licensees and clients are placed under the same umbrella of a privilege as those between physician/patient. *Privilege is intended to protect the interst of the client by encouragin free disclosure to the licensee & preventing such free disclosure to others. *the client holds and can assert privilege, not the licensee. 1. Licensee shall NOT testify concerning communication made to them by their client. *Can testify if client/guardian/remaining spouse or executor of the estate of deceased client gives consent. *If client voluntarily tesfied, licensee may be compelled to testify on same subject *If a client files a complaint against the licensee, this filing will constitute a waiver of privilege regarding services about which the complaint was made. 2. Court decisions construing the scope of the physician-patient privilege, pursuant to the ORC, are applicable to this privilege between the license holder and client. 3. Licensee may disclose confidential info without informed written consent when licensee judges that it is necessary to protect against clear & substantial risk of imminent serious harm by the client on themselves or others. *May disclose confidential info to appropriate public authorities, potential victim, professional workers, and/or client's family. 4. Licensee shall safeguard the confidential info obtained in practice, teaching, research, or other professional duties. *With exceptions required/permitted by statute, licensee shall only disclose confidential info with the informed written consent of the client. 5. At the beginning of the professional relationship, a licensee shall inform their client of the legal limits of confidentiality. 6. Minor clients offered privacy to facilitate free disclosure shall be told about the guardians' rights to access their records, unless prohibited by court order, statute, or rule. Licensee shall document this disclosure to the minor client in the record. 7. Licensee may release confidential information upon court order or to conform with state/federal laws, rules, or regulations. 8. Licensee shall be familiar with any relevant law concerning the reporting of child abuse or vulnerable adults. |
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(H) Competence
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1. Limits of practice 2. Specialty standard of care 3. Maintaining competence 4. Adding new services & techniques 5. Limits on practice under school psychologist license 6. Referrals 7. Interprofessional relations |
LSMAL*RI(7 items)
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1. Limits on practice
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Licensees shall limit their professional practice to specialty areas for which competence has been gained through education, training, & experience. Licensees shall assist clients in obtaining additional professional help if important aspects of their issues fall outside the licensees boundaries of competence.
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2. Specialty standard of care
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Licensee shall exercise sound judgement when determining what constitutes their areas of competence. *A guding principle is that one will be held to the standard of care in that specialty while practicing in that area. |
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3. Maintaining competence
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Licensee shall maintain current competency in areas they practice through continuing education, consultation, and/or other training, in conformance with current standards of scientific & professional knowledge.
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4. Adding new services & techniques
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Licensee, when developing competence in a new area, service, or technique, shall engage in ongoing consultation with other psychologists or appropriate professionals & shall seek continuing education in the new area/service/technique. *Licensee shall inform any client whose Tx will involve a newly developing service/technique of its innovative nature & know risks, and shall document informed consent provided by client/guardian. |
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5. Limits on practice under school psychologist license*
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A school psychologist that does not have a psychologist license may not practice beyond the scope of the school psychologist license defined by the ORC.
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6. Referrals
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Licensee shall make or recommend referral to other professional, technical, or administrative resources when it is in the best interests of the client.
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7. Interprofessional relations
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Licensee shall NEITHER establish NOR offer to establish a continuing Tx relationship with a person receiving mental health services from another professional, except with the knowledge of the other professional or after termination of the client's relationship with the other professional.
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(I) Telepsychology
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1. Definition 2. Ability to practice telepsychology 3. Jurisdiction 4. Compliance with state/federal statutes 5. Competence with telepsychology 6. Limits/appropriateness of telepsychology 7. Electronic communication storage/disposal 8. Exemptions |
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1. Definition of telepsychology
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Practice of psychology as defined in the ORC, including psychological supervision, but distance communication technology such as (but not limited to) telephone, email, internet-based communications, & videoconferencing.
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2. Ability to practice telepsychology
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In ohio, one must hold a current/valid psychology license issued by the state of Ohio board, or shall be a supervisee of a licensee registered with the board being delegated telepsychology practices in compliance with the OAC.
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2 ways
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3. Jurisdiction of telepsychology
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Licensees understand that this rule does not provide them the authority to practice telepsychology for clients living in any jurisdiction other than Ohio. All licensees bear the responsibility for complying with laws, rules, and/or policies for the practice of telepsychology set forth by other jurisdiction boards of psychology.
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4. Compliance with state/federal statutes
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All licensees practicing telepsychology shall comply with these rules of professional conduct and with requirements incurred in state/federal statutes relevant to the practice of psychology.
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5. Competence with telepsychology
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Licensees shall establish/maintain current competence in the professional practice of psychology through continuing education, consultation, or other procedures, in conformance with prevailing scientific & professional standards. Licensees shall establish/maintain competence in the appropriate use of information technologies utilized in telepsychology.
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6. Limits/appropriateness of telepsychology
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Licensees recognize that telepsychology is not appropriate for all psychological problems/clients and decisions made regarding appropriate use of telepsychology are made on a case-by-case basis. Licensees practicing telepsychology are aware of additional risks incurred when practicing psychology through use of distance communication technologies and take special care to conduct their professional practice in a manner that protects the welfare of the clients and ensures that the client's welfare is paramount.
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*Limits/appropriateness continued Those who practice telepsychology shall: |
1. Conduct a risk-benefit analysis & document specific findings to: -whether the client's presenting problems/condition are consistent with the use of telepsychology to the client's benefit -whether the client has sufficient knowledge/skills in the use of technology involved or can use an aid/assistive device to benefit from the service 2. Not provide telepsychology to any person when the outcome of the analysis is inconsistent with the delivery of telepsychology, whether related to technological or clinical issues 3. Upon initial/subsequent contacts with client, make reasonable efforts to verify the identity of a client 4. Obtain alternative means of contacting the client 5. Provide the client with alternative means of contacting the licensee 6. Establish a written agreement relative to the client's access to face-to-face emergency services in the client's geographical area, in instances such as (but not limited to) client experiencing suicidal/homicidal crisis 7. Licensees use secure communications with clients, such as encrypted text messages via email or secure websites & obtain/document consent for the use of non-secure communications 8. Prior to providing telepsychology services, obtain written informed consent, in language that is likely understandable & consistent w/accepted professional/legal requirements relative to: -limitations & innovative nature of using distance technology -potential risks to confidentiality d/t use of distance technology -potential risks of sudden/unpredictable disruption of telepsychology services & how alternative means of re-establishing electronic/other connection will be used -when/how licensee will respond to routine electronic messages -under what circumstances the licensee and client will use alternative means of communication under emergency circumstances -who else may have access to communications between the client/licensee -specific methods for ensuring that client's electronic communications are only directed to the licensee or supervisee -how the licensee stores electronic communication exchanges |
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7. Electronic communication storage/disposal
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Ensure that confidential communications stored electronically cannot be recovered and/or accessed by unauthorized people when the licensee disposes of electronic equipment/data
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8. Exemptions
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If in the context of a face-to-face professional relationship the following are exempt from this rule: 1. Electronic communication used specific to appointment scheduling, billing, and/or establishment of benefits, and eligibility for services 2. Telephone or other electronic communications made for the purpose of ensuring client welfare in accord with reasonable professional judgement |
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(J) Violations of the law
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1. Violation of applicable statuses 2. Use of fraud, misrepresentation, or deception |
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1. Violation of applicable statuses
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Licensee shall not violate any applicable statute/administrative rule regulating the practice of psychology
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2. Use of fraud, misrepresentation, or deception
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Licensee shall NOT use fraud, misrepresentation, or deception in: -obtaining a psychology license -taking a psychology licensing exam -assisting another to obtain a psychology license or take a licensure exam -billing clients or third-party payers -providing psychological services -in reporting the results of those services -conducting any other activity related to the practice of psychology |
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(K) Aiding illegal practice
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1. Aiding unauthorized practice 2. Delegating professional responsibility 3. Providing supervision 4. Reporting violations to the board |
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1. Aiding unauthorized practice
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Licensee shall NOT aid in/abet another person in misrepresenting their professional credentials or in illegally engaging in the practice of psychology.
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2. Delegating professional responsbility
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Licensee shall NOT delegate professional responsibilities to a person unqualified and/or not appropriately credentialed to provide such services
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3. Providing supervision
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Licensee shall exercise appropriate supervision over supervisees, according to board rules
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4. Reporting violations to the board
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Licensee who has substantial reason to believe that another license holder or psychological supervisee has committed an apparent violation that has substantially harmed (or likely to substantially harm) a person/organization shall inform the board in writing. *If discovered in a professional relationship with a client, licensee can only report it when the client gives written permission. -Under such circumstances, the licensee shall advise the client of the name, address, and telephone number of the board & of the client's right to file a complaint. -Licensee makes reasonable effort to guide/facilitate the client in the complaint process as needed/requested by the client. *Nothing in this rule shall relieve a licensee from the duty to file any report required by applicable statuses. |
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(L) Supervision
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Rules from the OAC pertaining to supervision or people performing psychological work shall be considered as part of these rules of professional conduct
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