FINAL COMBINED 1-60 SMA313 - 1.W hatisaprofession...

This preview shows page 1 out of 37 pages.

We have textbook solutions for you!
The document you are viewing contains questions related to this textbook.
Introduction to Health Care
The document you are viewing contains questions related to this textbook.
Chapter 3 / Exercise 9
Introduction to Health Care
Haroun/Mitchell
Expert Verified

Unformatted text preview: THE REGU LATION OF MENTAL HEALTH PROFESSIONS 1. W hat is a profession? In the most broad sense, a profession is an occupa on. In thinking about it in the academic sense of the word, this term is restricted to members who have mastered a body of specialized knowledge, must use their judgement in the applica on of that knowledge, commit themselves to the public welfare, and agree to adhere to specific standards of conduct. Page 5 Are mental health professionals or counselors professionals? Why? They all should be considered professionals because they should have studied in university for their degree, they should be using their ethics in their everyday prac ce, they should b demonstra ng beneficence, and they should be following the APA ethics code, but there are excep ons. Page 5 According to the defini on in Prac cal Ethics is nursing a profession? Accoun ng? Teaching? Yes, all three of these occupa ons are professions. They all require extensive training in their areas of exper se, they use judgement in their decision making processes, and they agree to adhere to the rules of their profession. All of these also have professional organiza ons and licensing boards that govern them. Page 5 2. D efine and describe before the fact controls and a er the fact controls . Before the fact controls are designed to prevent the psychologists from harming their pa ents or viola ng the ethics code and other standards. Basically Before the fact controls include the requirements of training programs, licensing requirements and mandatory con nuing educa on. Professionals should prefer before the fact controls because they have the poten al to control the poten al to prevent harm. (Knapp & VandeCreek, 2003). The training programs will graduate those who have adequate academic creden als, making the progress with acceptable performance in internship. A er the fact controls are ac vated when professionals have harmed the public or violated a standard of the profession. These include disciplinary ac ons by licensing boards and ethics commi ees, various civil and criminal statutes that empower lawsuits against psychologists and, if applicable, ins tu onal oversight. The licensing board may discipline their licensees who have violated the licensing law or its regula ons. Offending psychologists can receive le er of reprimand or censure and revoke the license in case of severity. Professional organiza ons provide a er the fact controls. The APA ethics code has been adopted as binding on its members and affiliates. Malprac ce courts act as another a er the fact control. Licensing boards make sure that the applicants obtain the appropriate educa on, receive supervision, show acceptable moral character and pass the examina on regulated by the state law. Licensing boards might require licensees to acquire CE as a condi on of renewal, many require ethics as part of the CE. What before the fact and a er the fact controls might exist for an academics who do research and teach, but who are not licensed? Prac cal Ethics, pp. 5 9 Academic and research psychologists before the fact controls include training programs and ins tu onal review boards and a er the fact controls include ethics commi ees, ins tu onal employers, and funding agencies. What key ingredients must be met for a malprac ce suit? (What are the 4 D’s of malprac ce)? A licensing board complaint? An ethics complaint? Are the standards for filing a malprac ce suit, a licensing board complaint or an ethics complaint exactly the same? Prac cal Ethics, pp. 6 7 The four criteria for malprac ce complaints begin with le er D: Duty (a professional duty has been established. Devia on (the professional deviated from acceptable standards of conduct) Damage: (the pa ent or third party was harmed); Direct (there was a direct rela onship between the devia on from professional standards and the damage to the pa ent or third party. The viola on of the ethics code is reported to the licensing board. There is an overlap between the two governing bodies. How does administra ve law (which governs the inves ga ve prac ces of licensing boards) differ from criminal law? Prac cal Ethics, pp. 6 7 The criminal law involves insurance fraud, sexual rela onship between the therapist and the client. 3. What is the purpose of a licensing law or of cer fica on? Professional Psychologists Prac ce Act, Sec on 2; (h p:// ); No access to document Main purpose is to protect the people What are the func ons or purposes of ethics codes? ASCA specifies the obliga on to the principles of ethical behavior necessary to maintain the high standards of integrity, leadership and professionalism. The ASCA Ethical Standards for School Counselors were developed in consulta on with state school counseling associa ons, school counselor educators, school counseling state and district leaders and school counselors across the na on to clarify the norms, values and beliefs of the profession. 1. The purpose of this document is to: O Serve as a guide for the ethical prac ces of all school counselors, supervisors/directors of school counseling programs and school counselor educators regardless of level, area, popula on served or membership in this professional associa on. O Provide support and direc on for self assessment, peer consulta on and evalua ons regarding school counselors’ responsibili es to students, parents/guardians, colleagues and professional associates, schools district employees, communi es and the school counseling profession. O Inform all stakeholders, including students, parents/guardians, teachers, administrators, community members and courts of jus ce of best ethical prac ces, values and expected behaviors of the school counseling professional. (ASCA Ethical Standards for School Counselors, Preamble) The ACA Code of Ethics serves six main purposes: 1. The Code sets forth the ethical obliga ons of ACA members and provides guidance intended to inform the ethical prac ce of professional counselors. 2. The Code iden fies ethical considera ons relevant to professional counselors and counselors in training. 3. The Code enables the associa on to clarify for current and prospec ve members, andfor those served by members, the nature of the ethical responsibili es held in common by its members. 4. The Code serves as an ethical guide designed to assist members in construc ng a course of ac on that best serves those u lizing counseling services and establishes expecta ons of conduct with a primary emphasis on the role of the professional counselor. 5. The Code helps to support the mission of ACA. 6. The standards contained in this Code serve as the basis for processing inquiries and ethics complaints concerning ACA members. (ACA Code of Ethics Purpose) APA: This Ethics Code provides a common set of principles and standards upon which psychologists build their professional and scien fic work. This Ethics Code is intended to provide specific standards to cover most situa ons encountered by psychologists. It has as its goals the welfare and protec on of the individuals and groups with whom psychologists work and the educa on of members, students and the public regarding ethical standards of the discipline. o The development of a dynamic set of ethical standards for psychologists' work related conduct requires a personal commitment and lifelong effort to act ethically; to encourage ethical behavior by students, supervisees, employees and colleagues; and to consult with others concerning ethical problems. (APA Ethics Code, Introduc on and Preamble) What power do ethics commi ee have? What is the difference between enforceable and aspira onal ethics? Prac cal Ethics, p. 30; Enforceable: Standards of conduct that can result in sanc ons or disciplinary ac on if not followed (by APA Ethics commi ee) Aspira onal: encourages psychologists to strive for ‘ethical ceiling’, should govern by these principles, Based in principle based ethics Not enforceable “best prac ce” similar What are the disciplinary powers of ethics commi ees? (Over whom do they have jurisdic on and what can they do?) Prac cal Ethics, p. 7 • Associa ons only have jurisdic on over their own members • Offending members can receive: o Le ers of reprimand or censure o Severe: suspended or expelled from associa on o Cannot fine member o Impose condi on of membership require addi onal CE courses required supervision How should mental health professionals respond if a law or organiza onal policy requires them to do something that violates their ethical code? Prac cal Ethics, p. 37, 195 196 • Educa onal Approach Understand the purpose/social goal behind the policy (example: prison disciplinary board correc ons wanted psych on board to wide range of decisions; psych worked to train board on be er decision making processes) • A empt to alter unethical prac ces NOT simply ignore or comply with unethical prac ces. 4. What qualifica ons must individuals have to become licensed as psychologist or a licensed professional counselor? The process for becoming cer fied as a school counselor or school psychologist is much different. There an individual must a end a program approved by the Pennsylvania Department of Educa on that qualifies them to receive their cer fica on. Qualifica ons to become a licensed Psychologist: 1. Obtain a doctoral degree in psychology. 2. Accrue supervised hours — ranging from 1,500 to 6,000 hours, depending on the state. 3. Pass the Examina on for Professional Prac ce in Psychology (EPPP). 4. Pass a jurisprudence exam, if applicable. 5. Receive approval by a state licensing board that requirements have been met. 6. You are now a licensed psychologist. Source: Dr. Emil Rodolfa, Associa on of Psychology Postdoctoral and Internship Centers Licensing for school psychologists Unlike other specialty fields in psychology that fall under the umbrella of generic licensing, school psychologists are required to get a cer ficate or license to work in public schools —usually through their state's Department of Educa on, not the state's licensing board as with generic licensing. Most states require a school psychologist to complete a master's or specialist degree and pass the Teacher Cer fica on Test, which has a specialty component for school psychology. Some states might also require an internship. Qualifica ons to become a licensed counselor (LPC): More than 120,000 professional counselors are licensed across the country, under licensure laws enacted in all 50 states, the District of Columbia, and Puerto Rico. LPC educa on and training standards for licensure are on par with those of the other two master’s level mental health providers (clinical social workers and marriage and family therapists). State licensure requirements for professional counselors typically include: ■ possession of a master’s or doctoral degree in counseling from a na onal or regionally accredited ins tu on of higher educa on, including an internship and coursework on human behavior and development, effec ve counseling strategies, ethical prac ce, and other core knowledge areas; ■ comple on of a minimum of 3,000 hours of post master’s degree supervised clinical experience, performed within two years, and periodic comple on of con nuing educa on credits/hours a er obtaining licensure; ■ passage of the Na onal Counselor Examina on (NCE) or a similar state recognized exam; and ■ adherence to a strict Code of Ethics and recognized standards of prac ce, as regulated by the state’s counselor licensure board. Source: American Counseling Associa on NOTE: specific requirements vary from state to state Website with requirements by state h p:// license.com/ 5. What formed the model for the aspira onal (general) principles in the APA Ethics Code? Prac cal Ethics, p. 30; ● Encourages psychologists to strive for the ethical ceiling ● psychologists can use these aspira on principles to assist themselves in ethical decision making ● Psychologists should not be disciplined only because they failed to uphold any one of the aspira onal principles ● Modeled on principle based ethics ● However, principle based ethics do not necessarily agree on the op mal manner to define or categorize the prima facie principles ● Enforceable standards: psychologists who do not comply with these standards risk disciplinary sanc ons by the APA commi ee or by other licensing boards, to the extent that they adopt the APA Ethics Code Does the APA Ethics Code have a decision making model? ● Yes, they combine aspira onal principles and enforceable standards together ● Although they are separated in the 2002 APA Ethics Code, it is impossible to completely separate them on a day to day basis ● Psychologists providing the highest level of services should also ensure that they fulfill the minimum standards of the profession ● The standards are dis nct from guidelines that are approved by the APA Council of Representa ves and inform psychologists about conduct in certain prac ce areas ● Guidelines are not enforceable except t the extent that they reiterate standards in the APA Ethics Code. What about the ACA Code of Ethics? h p:// aca code of ethics.pdf?sfvrsn=4 ● The American Counseling Associa on (ACA) is an educa onal, scien fic, and professional organiza on whose members work in a variety of se ngs and serve in mul ple capaci es. ● Counseling is a professional rela onship that empowers diverse individuals, families, and groups to accomplish mental health, wellness, educa on, and career goals. Professional values are an important way of living out an ethical commitment. ● The following are core professional values of the counseling profession: ○ 1. enhancing human development throughout the life span; ○ 2. honoring diversity and embracing a mul cultural approach in support of the worth, dignity, poten al, and uniqueness of people within their social and cultural contexts; ○ 3. promo ng social jus ce; ○ 4. safeguarding the integrity of the counselor–client rela onship; and ○ 5. prac cing in a competent and ethical manner. ● These professional values provide a conceptual basis for the ethical principles enumerated below. ● These principles are the founda on for ethical behavior and decision making. ● The fundamental principles of professional ethical behavior are • autonomy, or fostering the right to control the direc on of one’s life; • nonmaleficence, or avoiding ac ons that cause harm; • beneficence, or working for the good of the individual and society by promo ng mental health and well being; • jus ce, or trea ng individuals equitably and fostering fairness and equality; • fidelity, or honoring commitments and keeping promises, including fulfilling one’s responsibili es of trust in professional rela onships; and • veracity, or dealing truthfully with individuals with whom counselors come into professional contact The ASCA Ethical Standards for School Counselors? h p:// The ASCA Ethical Standards for School Counselors were developed in consulta on with state school counseling associa ons, school counselor educators, school counseling state and district leaders and school counselors across the na on to clarify the norms, values and beliefs of the profession. 6. When, if ever, does the personal conduct of a psychologist fall under the jurisdic on of regulatory bodies? The personal/private conduct of the psychologist does not fall under the jurisdic on of regulatory bodies. The APA Ethics Code only applies to psychologists’ ac vi es that are part of their scien fic, educa onal, or professional roles; i.e. (but not limited to) the clinical, counseling, and school prac ce of psychology; research; teaching; supervision of trainees; public service; policy development; social interven on; development of assessment instruments; conduc ng assessments; educa onal counseling; organiza onal consul ng; forensic ac vi es; program design and evalua on; and administra on. The contexts in which the Ethics Code pertains are: in person, postal, telephone, Internet, and other electronic transmissions. INFORMED CONSENT 7‐8 Informed Consent: Key concepts from the text overview: Legal and ethical obligations must be met T he procedures should reflect respect for patient autonomy K on (2010)­ shared decision making, empowered collaboration and collaborative decision making. W hen, how often and with whom should informed consent should be done is based on the situation S hifting Standard/Sliding Scale ­ Have the patient be as participatory as s/he can Titrate Format­ Give the patient limited information, determine how well the patient understands; then integrates more information. Detailed answers: What is informed consent? Legal and ethical obligations to provide information to patients (or clients or students) before they initiate assessment or treatment. The text points out Kon (2010) who calls this shared decision making, empowered collaboration and collaborative decision making. What are consent procedure meant to do? The procedures should reflect respect for patient autonomy as the underlying assumption is that patients are capable of making their own decisions about a course of treatment or assessment. So, therapist and patient should agree on goals and strategies. When, how often and with whom should informed consent be done? How to handle if a patient may not understand? Depending on the nature of the therapy and the understanding of the patient at the first session(s), there may be several times when the patient needs to make decisions regarding the direction of the therapy. If the patient is a minor who is not legally allowed to consent, then the parent/guardian must be involved. If the patient is at risk of self harm, the therapist may inact a “shifting standard/sliding scale” for administering treatment. This means the therapist will have the patient be as participatory as s/he can in the decision making in regards to the plans for therapy. If the adult patient who has legal authority is mentally incapacitated, the therapist should proceed with caution and solicit help from family members (if possible) to explain procedures. Giving information in a “titrate” format which means giving the patient limited information, determine how well the patient understands it, then as the patient understands it and integrates more information. Medio legal Consent­ i mplies a passive agreement on the patient’s part as to the course of treatment; the informed consent is given to patient as a fixed and unchangeable treatment, not discussed or negotiated Participatory consent­ consistent with theories of motivation;encourages self­ determination. Goals and decisions are discussed ongoing between therapist and patient. It is fluid, personalized, building consensus and collaboration; empowering for the patient. Agency Web sites Codes on Informed Consent: APA: American Psychological Association Ethical Principles of Psychologists: If the counselor conducts research, provides assessment or therapy,s/he must obtain the informed consent using language that is understandable except when conducting such activities without consent is mandated by law, government regulations or otherwise stated in the ethics code. Other instructions include when one is not capable of giving consent how to obtain consent if possible in order to give the care that is in the best interest of the patient. ACA: American Counseling Association 2014 ACA Code of Ethics: ­aca­code­of­ethics.pdf?sfvrsn=4 Counselor will explain the purposes, goals, techniques, procedures, limitations, potential risks, and benefits of services; the counselor ’s qualifications, credentials, relevant experience, and approach to counseling; ensure that clients understand the implications of diagnosis and the intended use of tests and reports.Inform clients about fees and billing arrangements, including procedures for nonpayment of fees. ASCA: American School Counseling Association Ethical Standards for School Counselors: Explain the limits of confidentiality in appro...
View Full Document

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture