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Ethics EPP 1-8
EPPP APA Ethics and Standards
| Question | Answer |
|---|---|
| Personal Problems: Standard 2.06 requires psychologists to (a) refrain from beginning a professional activity when it’s likely that a personal problem will impede the psychologist’s effectiveness and | take appropriate measures” when they become aware that a personal problem might negatively affect an ongoing professional activity. seek consultation to determine whether an ongoing professional activity should be limited, suspended, or terminated. |
| psychologists, in certain circumstances, they may be subject to vicarious liability – i.e., they may be legally responsible for the actions of the employee or supervisee. when? | psychologist must have authority to control employee or supervisee, conduct deviated from the standard of care and cause of the damage to the recipient of the services, the conduct must have been within the scope of his designated responsibilities |
| With regard to the use of an interpreter, how should they be chosen? b | services of professional interpreters who are certified by a national organization (Medical Interpreters) and adhere to the National Code of Ethics and Standards of Practice of the National Council on Interpreting in Health Care. |
| What items should be on file to use an interpreter? | obtain a client’s consent before bringing interpreter to assist w therapy. discuss client confidentiality. written guidelines and a contract for interpreters, HIPAA must have a business associate agreement w interpreter’s responsibilities/confidentiality. |
| psychologist must delegate responsibilities to employees, supervisees, research assistants, interpreters, and others only when | person the work is being delegated to does not have a multiple relationship with the recipient of the services that could impede objectivity. competence to provide the services independently/supervised, ensures person provides the services competently. |
| Is it ethical to recruit a family member to interpret for a therapy client- their own family member? | it would be unethical for a therapist to recruit a therapy client’s family member to act as an interpreter because the family member’s relationship with the client is likely to affect his/her objectivity. |
| psychologists to base their work on “established scientific and professional knowledge of the discipline.” This includes using evidence-based methods of assessment and treatment when they’re available- how it this defined? | evidence-based practice in psychology (EBPP) is the integration of the best available research with clinical expertise in the context of patient characteristics, culture, and preferences” |
| How is competence secured in emerging areas like telepsych? | in those emerging take reasonable steps to ensure the competence of their work and to protect clients/patients, students, supervisees, research participants, organizational clients, and others from harm |
| when psychologists are asked to provide services when they do not have adequate competence and alternative services are not available. It states that psychologists may provide the services when ? | they have closely related training and experience and make a “reasonable effort” to obtain appropriate knowledge, training, and/or consultation. |
| hat determining whether it’s better to refer or treat a client whose needs are outside a psychologist’s level of competence depends on the circumstances: what 2 things? | a substantial difference between the client’s needs and psych's competence and an alternative provider is available, referral is ordinarily best. seeing a client while obtaining consultation/additional training may be an acceptable course of action. |
| when psychologists want to provide services to new populations or use new techniques, they | undertake relevant education, training, supervised experience, consultation, or study.” |
| Boundaries of Competence? | provide services, teach, and conduct research with populations and in areas only within the boundaries of their competence, based on their education, training, supervised experience, consultation, study, or professional experience.” |
| Competence in gender, gender identity, race, ethnicity or other? | to provide services to individuals with these characteristics, psychologists must have the necessary knowledge and training; and, if they do not, they should make appropriate referrals |
| psychologists must not discriminate against others when making decisions about their employment, advancement, tenure, or admissions to academic programs solely because they’ve filed or are the subjects of an ethics complaint. | this prohibition “does not preclude taking action based upon the outcome of such proceedings or considering other appropriate information.” |
| if you’re asked by an ethics committee to provide it with information about a current client who has filed a complaint against her previous therapist, you’d want to make sure ? | the client has signed an authorization for release of information before doing so. |
| psychologists to cooperate with investigations and proceedings of the APA and affiliated psychological associations to which they belong, and it states that failing to do so | constitutes an ethical violation. However, like Standards 1.04 and 1.05, Standard 1.06 requires psychologists to consider issues related to confidentiality. |
| Koocher and Keith-Spiegel (2008) have identified several situations that may not be amenable to informal resolution for colleagur violations | may not be appropriate when the psychologist’s violation involves addiction, a serious emotional disturbance or mental illness, general incompetence, or when pre-existing bad feelings means confrontational. |
| psychologists to report an ethical violation to an ethics committee, licensing board, or other appropriate authority or to take other “action appropriate to the situation” when the ethical violation has caused or is likely to cause substantial harm AND | is not appropriate for informal resolution, or was not adequately resolved informally. It’s important to note that Standards 1.04 and 1.05 apply only when intervening does not violate any confidentiality rights. |
| When ethical conflicts occur what should you do? | when conflicts occur, “psychologists clarify the nature of the conflict, make known their commitment to the Ethics Code, and take reasonable steps to resolve the conflict consistent with the General Principles and Ethical Standards of the Ethics Code.” |
| How should simple ethical violations be handles among colleagues? | Standard 1.04 requires psychologists to attempt to resolve another psychologist’s ethical violation informally by bringing the violation to the psychologist’s attention when it seems appropriate to do so |
| Can human rights be violated by psychs? How to resolve conflicts? | under no circumstances may this standard be used to justify or defend violating human rights.” This provision requires make a reasonable effort to resolve a conflict. does not require them to abide by ethical responsibilities in all situations |
| When a conflict is not resolved what is next? | when reasonable actions taken by psychologists do not resolve the conflict, they are permitted to make a conscientious decision to comply with the legal or regulatory authority. |
| Principle B (Fidelity and Responsibility) calls for psychologists to | establish relationships of trust with those with whom they work … [and to be] aware of their professional and scientific responsibilities to society and to the specific communities |
| Principle C (Integrity) addresses the importance of promoting | accuracy, honesty, and truthfulness in the science, teaching, and practice of psychology.” |
| Principle D (Justice) calls for psychologists to “recognize that fairness and justice entitle all persons to access to and benefit from the contributions of psychology AND | and to equal quality in the processes, procedures, and services being conducted by psychologists.” |
| Principle E (Respect for People’s Rights and Dignity) states that psychologists “respect the dignity and worth of all people | the rights of individuals to privacy, confidentiality, and self-determination” and “are awar/respect cultural, individual, and role differences. age, gender identity, race, ethnicity, culture, national, religion, sexual orient, disability, language, SES |
| Principle A (Beneficence and Nonmaleficence) states that “psychologists strive to benefit those with whom they work | and take care to do no harm. |
| Disclosure of confidential information is allowed to? | disclosure of confidential client information with (a) appropriate authorization to release information from client or the client’s legal representative or (b) without authorization “only as mandated by law, or where permitted by law for a valid purpose.” |
| Most jurisdictions have passed legislation that’s consistent with the Tarasoff decision, a California Supreme Court decision that established ? | a psychologist’s duty to protect a third party who is at risk for physical harm by a therapy client. Clear and imminent threat. |
| HIPAA) allows covered entities to disclose protected health information (PHI) without the client’s authorization when? | the information will be used for treatment, payment, or health care operations. However, disclosure of PHI without authorization may not be allowed in these situations by state law and, in that situation, state law takes precedence over HIPAA. |
| Standard 4.04(a) requires psychologists to “include in written and oral reports and consultations only information germane to the purpose, means? | a forensic evaluation and the report based on its results should focus on information that’s relevant to the psycholegal questions addressed by the evaluation. |
| psychologists to consult with colleagues about clients but requires them not to disclose identifying information about a client to a consultant without the client’s authorization and to disclose only information that’s? | necessary to achieve the purposes of the consultation. |
| psychologists must not use confidential client information in? | “writings, lectures, and other public media” unless they take reasonable steps to disguise the identity of the client, they have obtained written authorization from the client, or legal authorization. |
| maintaining client confidentiality is an ethical obligation and, in some circumstances, a legal requirement, while privilege (privileged communication) is? | a legal term that refers to a client’s right to confidentiality in legal proceedings. All 50 states have established laws that create some form of the psychotherapist-client privilege. |
| Who can hold privilege for a client? | client or client’s legal representative is the holder of the privilege, which means they decides whether to claim (assert) or waive privilege. psychologists may claim the privilege on behalf of a client when asked to disclose confidential client inf |
| Guidelines for the Practice of Telepsychology states ? | telepsychology services make reasonable efforts to protect and maintain the confidentiality of the data and information relating to their clients and inform them of the potentially increased risks of loss of confidentiality inherent in the use. |
| HIPAA-compliant platforms utilize appropriate ? | encryption; have secure transmission, audit trails, and breach notification procedures; and will enter into a business associate agreement. Doxy.me, thera-LINK, Zoom Healthcare, Webex for Healthcare, GoToMeeting, and Skype for Business (but not Consumer). |
| EAP confidentiality of clients means? | confidential information is not shared with an employee’s supervisor/ employer w/o the employee’s signed authorization, regardless of whether the employee EAP is the result of a self-referral or an informal or mandatory supervisor/employer referral |
| Prison treatment-driven decisions, what relationship has the priority? | When making treatment-driven decisions, the therapeutic relationship ordinarily has priority and “principles of confidentiality and beneficence (i.e., acting in the best interests and welfare of patients) are given strict adherence” |
| Can psychs breach confidentiality for inmate saying he will harm cell mate with means? | incarcerated client reveals to a psychologist that he/she is planning to harm the correctional staff or another inmate and the psychologist believes the threat is serious, the duty to protect by breaching confidentiality and reporting the threat |
| when an inmate reveals that he/she is planning to harm someone outside the prison,? | the duty to protect may not apply because the inmate does not have the ability to carry out his or her threat. In this situation, the inmate should receive treatment aimed at reducing the risk of violence if the threat |
| correctional practice, confidentiality can range from | essentially no confidentiality (i.e., court-ordered assessments) to levels of confidentiality present in general psychological practice … with the actual level of confidentiality [typically being] somewhere between these two extremes |
| Members of the Military: Client confidentiality is not handled in exactly the same way ...how? | psychologists providing mental health services in military settings must adhere to Department of Defense rules that limit the confidentiality of mental health information. |
| Military members remember to do what to protect their information? | providing “detailed and exhaustive informed consent regarding the fact that confidentiality can never be guaranteed in the military … [and by maintaining] conservative documentation of the client’s history or private concerns” |
| The Ethics Code does not explicitly address the confidentiality of deceased clients, but? | most states have laws that allow disclosure of confidential information pertaining to a deceased client only with the authorization from the client’s executor, estate administrator, or other legal representative |
| psychologists can reduce the likelihood that confidential information will be disclosed in a group by? | educating group members about the importance of maintaining confidentiality, possible negative consequences of not, discussing confidentiality during the screening interview, initial group, subsequent sessions as needed, and the final session |
| Interruption of service or death? | if foreseeable, a good strategy is to discuss the situation with the client and, as appropriate, provide pretermination counseling and/or referral.have a professional will/ professional executor who will contact clients and ensure client records |
| when an evaluation is court-ordered, forensic psychologists must ? | describe the nature/purpose of examination. can conduct it without consent. the examinee refuses to be evaluated, a psychologist “may -postponing the examination, advising the examinee to contact his or her attorney, and notifying the retaining party |
| when individuals are legally incapable of giving informed consent, psychologists should | provide them with an appropriate explanation, consider their best interests, seek their assent, and obtain permission from a legally authorized person when doing so is permitted or required by law. legally incompetent and most youth under of 18. |
| consent is presumed when a parent or legal guardian is required to give consent for a minor’s treatment but? | is not available to do so and the circumstances are life-threatening for the minor (e.g., when the minor is at high risk for suicide). However, in this situation, consent should ordinarily be obtained for any resulting ongoing treatment |
| emergency treatment to minors in an emergency department without the consent of a parent or legal guardian is permitted by the ? | Emergency Medical Treatment and Labor Act (EMTALA) of 1986. It supersedes state law and is also known as the “doctrine of implied consent” because it assumes that, if the minor’s parent or guardian were present, he or she would consent to the treatment |
| Conflict of interest? | refrain from accepting a professional role that could be expected to “impair their objectivity, competence, or effectiveness orexpose a person to harm or exploitation.” violating this prohibition if current clients buy a product of a financial interest |
| when requested to provide concurrent or sequential forensic and therapeutic services, psychologists should? | refer the individual to another provider; but, when that’s not possible, “to minimize the potential negative effects of this circumstance.” |
| conducting custody evaluations with current or former psychotherapy clients and vice versa is a? | multiple relationship Standard does not prohibit all multiple relationships but, instead, only those that “could reasonably be expected to impair the psychologist’s objectivity, competence, or effectiveness … or otherwise risks exploitation or harm |
| Ethics Code does not explicitly prohibit nonsexual posttermination relationships. Beware: | such relationships would be unethical “if the posttermination relationship was promised during the course of the original relationship or if the individual was exploited or harmed by the intent to have the posttermination relationship” |
| Sexual harassment is? | sexual solicitation, physical advances, or verbal or non conduct; sexual in nature” and “is unwelcome, is offensive, creates a hostile workplace or ed environment. psych knows or is told this” or severe or intense to be abusive to a reasonable person. |
| Discrimination does not mean? | psychologists must accept as clients everyone. psychs may refer individuals to others when they believe that an individual’s values, diagnosis,etc would negatively affect their ability to provide competent services |
| psychologists do not knowingly make public statements that are false, deceptive, or fraudulent concerning their research, practice, or other work activities. this also covers? | prohibition applies to a psychologist’s training, experience, credentials, services, fees, and so on and to a variety of statements including those made in advertisements, licensing applications, resumes, directory listings, and lectures. |
| only two types of degrees as evidence of their qualifications to provide mental health services- regionally accredited which go with license AND | a doctoral degree in psychology from an accredited educational institution or a degree from a nonaccredited educational institution for a program that has been approved by the state as qualifying psychologists for licensure. |
| psychologists are responsible for public statements made by others they have retained to “promote their professional practice, products, or activities AND ALSO | do not compensate employees of press, radio, television, or other communication media in return for publicity in a news item” and that psychologists must clearly identify paid advertisements for their services as such. |
| when psychologists provide “public advice or comment via print, Internet, or other electronic transmission … [their statements must be? | based on their professional knowledge, training, or experience.” In addition, psychologists must not indicate that an interaction with an individual via the media establishes a professional relationship. |
| Client Testimonials: Standard 5.05 prohibits psychologists from? | soliciting “testimonials from current therapy clients/patients or other persons who because of their particular circumstances are vulnerable to undue influence.” |
| In-Person Solicitation of Business: Standard 5.06 prohibits psychologists from engaging “in uninvited in-person solicitation of business of vulnerable to undue influence person .Example? | A funeral. It excludes from this prohibition encouraging family members or others to participate in therapy to benefit a current therapy client and providing disaster relief or community outreach services. |
| maintaining accurate records is important in all professional practice … [but] forensic practice is held to a higher standard than general practice” ? WHY | Forensic records are usually more detailed than clinical records are and should include all notes and materials that were used to form an opinion. “with the exception of relevant client/patient privilege, the entirety in a case is subject to discovery” |
| use coding or other techniques to avoid the inclusion of personal identifiers” when? | entering confidential information in databases or other record systems that permit access to unauthorized individuals. encrypting all client records and communications, using HIPAA-compliant cloud providers, using two-factor authentication |
| Digital and telepsychology note? | including information on risks associated with digital data storage and communication in informed consent discussions and documents |
| Standard 6.02(c) requires psychologists to have plans for transferring client records and maintaining their confidentiality in the event of planned or unplanned withdrawal from practice? INCLUDES | having a professional will, having an arrangement with a responsible colleague or professional association to manage the records, and instructing a spouse or executor on how to seek advice for the management of records |
| that, in the absence of a superseding legal or institutional requirement, psychologists “consider retaining full records until? | 7 years after the last date of service delivery for adults or until 3 years after a minor reaches the age of majority, whichever is later.” may want to retain records for a longer period, depending on the situation and the pros and cons of doing so. |
| Fees and Financial Arrangements: Standard 6.04 requires psychologists to reach an agreement with clients? | “as early as feasible” about fees and billing arrangements. This includes discussing fees for therapy sessions, billing and payment schedules, charges for missed appointments, issues related to third-party payors, and the policy for unpaid fees. |
| psychologists may use collection agencies and other legal measures to collect unpaid fees but ? | must first inform the person that such measures will be taken and provide that person an opportunity to make prompt payment.” share only the client’s name, address, and phone number; the dates of the services; and the amount due for those services. |
| Standard 6.03 prohibits psychologists from withholding client records when? | they’re needed for a client’s emergency treatment solely because the client has unpaid fees. Note that this prohibition applies to treatment and not to education, assessment, and other professional activities. |
| barter may be acceptable when it’s not clinically contraindicated or exploitative. BUT | Many experts discourage bartering because of its potential for negative consequences, and some suggest that bartering goods for therapy is less risky than bartering services |
| Standard 6.06 requires psychologists to provide payors of their psychological services with accurate information about ? | a client’s diagnosis, the type of services provided, and the fees that were charged. To do otherwise would not only be unethical but would also constitute fraud. |
| when psychologists give or receive referral fees, the fee must be “based on the services provided AND | [and not] on the referral itself.” For example, it would be unethical for a psychologist to pay a colleague a referral fee for each client the colleague refers to him unless the fee represents the actual costs of the referral |
| psychologists give or receive referral fees for? | Note that this prohibition does not apply to psychology referral services, dividing fees w another professional when the psychologist and other professional both provided services to a client, or paying employees a percentage of a client’s fee |
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