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Informed Consent
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Three requirements: Capacity, Comprehension, Voluntariness
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Privilege
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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
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Confidentiality
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The obligation of psychologists to protect clients from unauthorized disclosure of information revealed in the context of the professional relationship. Both an ethical principle and for some situations, a legal requirement.
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....................ETHICS
General Principles
- Integrity
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- promote accuracy, honesty, truthfulness
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Fee Splitting
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unethical if only based on referralethical only if based on services provided (e.g., consultation, administration, etc.)
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Malpractice Criteria
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For a successful malpractice suit, one must have the four "D s". One must show that there was a duty–-( a professional relationship), one must show that the duty was not carried out, and one mut show, that as a specific result of this, the person suffered
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Privacy
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The freedom of individuals to choose for themselves the time and the circumstances under which and the extent to which their beliefs, behaviors, and opinions are to be shared with or withheld from others.
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re M'Naughten
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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
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..........ETHICS
STANDARDS - what incentives can you provide research participants
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- no excessive/inappropriate finances
- prof services - but let them know nature of service, risk, obligations, limits
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Complainants & Respondents
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Psychologists cannot deny employment, advancement, admissions to academic programs, tenure, or promotion based solely upon their having made or their being the subject of an ethics complaint.
AFTER, anything goes.
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Confidentiality refers to:
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Obligation of psychologist to protect client from unauthorized disclosure of info
(both an ethical principle and
sometimes legal requirement)
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Privileged Communication
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A legal term referring to the statutory right which protects the client from having his or her confidences revealed during judicial proceedings without his or her permission. The privilege is held by the adult client (or parent of the minor client).
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...............ETHICS
STANDARDS - what participants of research should be told
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1 - purpose of research/time/procedure
2 - right to decline/withdraw
3 - consequences of dec/withd
4 - factors that may influence wanting to participate
5 - research benefits
6 - limits of confidentiality
7 - incentives to participate
8 - who to call for questns
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..........ETHICS
STANDARDS - sexual harassment
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1 - unwelcome/offensive/ creates hostile environ and PSY is told/knows --OR--
2 - is severe/intense to be abusive to reasonable person
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..........ETHICS
STANDARDS - supervising - how to ensure competence (most important)
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- regular performance feedback
- no timely feedback is main complaint from supervisory reshp
- students say inadeq perf eval and monitoring the highest ethical violation of their supervisor
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...............ETHICS
SPECIALITY GUIDELINES FOR FORENSIC PSY - only type of statements by defendent admitted into court as evidence
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- only those statements made by defendent on an issue respecting mental condition on which the client has introduced testimony
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..........ETHICS
STANDARDS - emergencies
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- discontinue service when crisis ended or appropriate services available
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Involuntary Commitment
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The right to commit someone for a short period of time (usually 72 hours) against his or her will if it is found that he or she is in danger or at risk of harm to self or others.
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2. Eval, Asmt, Intervention
.05 Interpreting Assessment Results
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When interpreting test results, including automated, be aware of limitations of results and indicate reservations concerning interpretations
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Specialty Guidelines
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A set of APA standards that provides guidance to professionals, users, and sanctioners on what can be reasonably expected in clinical, counseling, school, and industrial/organizational settings.
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Dealing with Complainants and Respondents
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Standard 1.08 prohibits psychologists from acting in discriminatory ways toward people who are either complainants or respondents to a charge of ethical misconduct solely on the basis of being the subject of a complaint
-in other words it would be unethical to deny a person a promotion simply because s/he is the complainant or respondent in an UNRESOLVED ethical complaint. APPLIES ONLY to parties in a PENDING case. It DOES NOT prohibit psychologists from making decisions about hiring, promotion, tenure, etc. based on the OUTCOME of a complaint
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..........ETHICS
STANDARDS - info to give to research clients for consent
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1 - purpose of research/duration/procedures
2 - right to decline/withdraw
3 - consequences of decline/withdraw
4 - factrs to influence willingness to particpate
5 - research benefits
6 - limts of confidentialty
7 - incentives to participate
8 - who to call for questns
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...............ETHICS
STANDARD
- conflict bet code and law
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- make commit to code known
- clarify nature of conflict
- if possible resolve conflict to stick to code
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Withholding Records due to nonpayment...
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Cannot in emergency.
Can in non-emergency, but come on.
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In the Ethics Code, the Preamble and General Principles are ________, whereas the Ethical
Standards are ________.
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Aspirational goals
Enforced standards
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8. Resolving Ethical Issues
.07 Improper Complaints
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Don't make them
Complaints are to protect the public, not harm respondent
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3. Advertising & Public Stmts
.03 Avoidance of False or Deceptive Statement
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Don't make deceptive statements regarding any work-related activity or anything having to do with your credentials, training, fees, practice, etc.
Only claim degrees which were earned from regionally accredited institution and were the basis for licensure
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Specialty Guidelines for Forensic Psychologists
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-aspirational model, does not define minimum qualifications in terms of education and training
-a particular concern is informed consent:
**unless court ordered, obtain informed consent from client or party or their legal representative before proceeding with evaluations and procedures
**if the client or part don't have the capacity to provide informed consent OR the evaluation is pursuant to court order, forensic psychologist provides reasonable notice to client's legal representative before proceeding
-Another issue is confidentiality: Must inform clients of the limitations to the confidentiality of services and products by providing some understandable statement about limitations
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...............ETHICS
MANAGED HEALTH CARE - common characteristics
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- quick goal setting - brief PSY
- crisis intervention
- clear define client and PSY responsibilities
- time is flexible and creative
- interdiscplnary team approach
- use diff modalties of tx
- use family practioner model - says tx will be provided intermittently in life tiem
- results orientation - review and quality assurance
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..........ETHICS
STANDARDS - what to do if client threatens to harm PSY
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- terminate services
- does NOT constitute discrimination
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...............ETHICS
STANDARDS - options for students in program requiring ind or group therapy
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- option of selecting therapy from PSY unaffilated with program
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When changing specialties (Neuro to Educational Psych)...
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Must complete coursework and supervised training required for a doctoral degree.
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The purpose of APA’s General
Guidelines for Providers of
Psychological Services is:
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To outline basic guiding principles and the goal is to improve the quality, effectiveness, and accessibility of psychological services
(describes minimum qualifications required to provide psychological services)
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8. Resolving Ethical Issues
.02 Confronting Ethical Issues
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If uncertain about a situation, seek consultation
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8. Resolving Ethical Issues
.01 Familiarity with Ethics Code
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Be familiar with them. Lack of awareness/understanding not an excuse
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6. Teaching, training, supervision, research, pub
.09 Institutional Approval
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Must obtain it and conduct research according to proposal
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Ethical Principles And Code Of Conduct
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APA's current set of ethical standards, most recently revised in 1992. They consist of a Preamble, an Introduction, six General Principles, and eight sets of enforceable standards. The primary purpose of the ethical principles is to protect the welfare of
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..........ETHICS
STANDARDS - 3 conditions of consent
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1 - CAPACITY - client can make rational decision
2 - COMPREHENSION - client given adequate info
3 - VOLUNTARINESS - client gives consent freely
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...............ETHICS
STANDARDS - when to barter
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1 - if it is NOT clinically contraindicated
2 - if arrangements are NOT exploitative
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in order to practice in forensic settings, psychologists must:
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ensure they are reasonably familiar with the judicial or administrative rules governing their rolesno requirement to complete a training program in forensic psychology
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A psychologist should first attempt to address ethical violations by another psychologist informally when:
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The violation does not involve substantial harm
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1. General Standards
.26 Accuracy in Reports to Payors & Funding Sources
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State nature of service provided, fee, identity of provider, findings, diagnosis
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Action to take when threatened by the client or someone close to a client
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"may terminate therapy when threatened or otherwise endangered by the patient or someone with whom the patient has a relationship"
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..........ETHICS
STANDARDS - who is responsible for appropriate application, interpretation, use of test
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the PSY regardless if he did the test/scoring or had someone else do it
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18. A psychologist publishes the following ad in the local newspaper: YOUR PROBLEM WILL BE SOLVED I.M. Goode, Ph.D. Graduate, Very Impressive U. Licensed Psychologist, #111222 Specializing in Co-dependency RESULTS GUAR
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18. C There are no guarantees in life, and making absolute statements about people's problems is misleading and may be establish unrealistic expectations of positive results.
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How do the Ethical Standards
define “test data”?
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Test data includes raw and scaled scores, client/patient responses to test questions or stimuli, and notes and recordings concerning client and patient statements and behavior during an examination
(this information can be released to client or court when requested but results should be explained to person)
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19. The psychologist grants an interview to a reporter about a recent therapy breakthrough. The reporter mistakenly writes that the psychologist holds a Ph.D. and an Ed.D. The psychologist had provided the reporter with an accurate statement regarding his
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19. D
The psychologist must make an effort to correct the error.
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54. A 17-year old student informs the ethics board that his college counselor violated confidentiality when she informed the student's mother of a suicide attempt he recently made. The counselor contends that she was acting in the students best interest
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54. A The standard of confidentiality is not absolute especially when there is threat of harm to the patient or someone else.
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64. You wish to open a mental health clinic in a rural area that will be designed to serve Native Americans. From an ethical and practical standpoint, you would be well advised to:
a. Include medicine men from the tribe to serve as consultants and mediato
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64. A
Psychologists respect the rights of others to hold values and opinions different from their own. Native Americans may not utilize the clinic unless they know their traditional methods of healing are respected.
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62. A mother's attorney asks you to evaluate the mother and her child. The child lives with the father, who is also the custodial parent. You should:a. refuse to see them under any circumstancesb. determine if the father knows about and has c
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62. B You should consider the child's best interest, and proceed with the evaluation only with the consent of the custodial parent. Otherwise, you may unwittingly place the child in the middle of the conflict between the two parents.
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28. Which of the following is true of confidentiality in a group therapy session?
a. Group members are legally obligated to maintain confidentiality.
b. Group members have no obligation to maintain confidentiality.
c. Group members are on their own honor
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c. Group members have no legally enforceable obligation to maintain the confidence of what they hear from other members in session. Group leaders should stress the need to respect confidentiality from the outset of therapy.
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59. You have been treating a young girl whom you suspect might have some organic brain problems. You inform the girl's parents about your concerns and suggest they sent her to a neurologist for an evaluation. Six months later, the neurologist calls to re
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59. A When the patient is a minor, the parents hold the right of privilege - i.e., the parents have the right to control who accesses the therapy record. Suspected child abuse is a legally defined exception to this standard.
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50. A psychologist at a party is told by another guest at the party that her husband is an alcoholic. The woman fears that her husband is going to hurt himself, and she doesn't know what to do. The psychologist gives the woman a referral to a colleague of
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50. D
A psychologist cannot be found guilty of malpractice if he/she does not have a professional relationship with the individual filing the lawsuit.
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What is the difference between a value and ethics?
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A value is a belief in right or wrong, whereas an ethic is a standard for practice
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