Ethics and Professional Issues
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When are we required to provide informed consent? | show 🗑
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Tarasoff Decision | show 🗑
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show | Refers to a clients confidentiality rights in the context of a legal proceeding
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show | Attempt to resolve w/ the colleague if it seems appropriate to do so will not violate any confidentiality rights of the client, which includes the rights of your client as well as the clients of the violating psychologist
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If resolving an unethical practice by a colleague directly is not appropriate you should | show 🗑
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show | Sexual misconduct, insurance fraud, and plagiarism
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If a colleague is acting unethically, you would not take any action that... | show 🗑
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show | Ensuring the welfare and protection of the individuals and groups with whom psychologists work
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Although APA is able to enforce adherence to the ethics code for APA members only violation of its provisions may result in action by the | show 🗑
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The introduction states that the ethics code applies only to activities that are | show 🗑
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The introduction also states that when there is a conflict between ethical and legal requirements | show 🗑
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show | Providing pro bono services is recommended by the code
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show | Take reasonable steps to correct or minimize the misuse or misrepresentation
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Psychologists cooperate in ethics investigations proceedings and resulting requirements of the APA. Failure to cooperate is | show 🗑
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show | As soon as the emergency has ended or appropriate services are available
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Psychologists to delegate work to employees supervisees or research or teaching assistants must take reasonable steps to | show 🗑
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show | There is a substantial likelihood that their personal problems will prevent them from performing their work related activities in a competent matter
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When psychologists become aware of personal problems that may interfere with their performing work-related duties adequately they | show 🗑
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Vicarious liability | show 🗑
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3.01 unfair discrimination | show 🗑
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show | Includes sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, that occurs in connection with the psychologist activities or roles as a psychologist. Can be one event or a series of events
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3.03 other harassment | show 🗑
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show | Reasonable steps to avoid harm and minimize harm where it is foreseeable and unavoidable
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3.05 multiple relationships | show 🗑
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show | Psychologists refrain from taking on a professional role when a personal scientific professional legal financial or other interests or relationships could be expected to impair objectivity competence or effectiveness
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3.07 third-party requests for services | show 🗑
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show | Don't exploit
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show | When indicated and professionally appropriate psychologists cooperate with other professionals in order to serve their clients effectively and appropriately
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3.10 informed consent part one | show 🗑
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4.02 discussing the limits of confidentiality | show 🗑
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4.03 Recording | show 🗑
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4.04 minimizing intrusions on privacy | show 🗑
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show | Psychologist may disclose confidential information with consent unless prohibited by law
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4.06 consultations | show 🗑
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4.07 use of confidential information for didactic or other purposes | show 🗑
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Confidentiality | show 🗑
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show | 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 shared with or withheld from others.
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Define confidential in the context of the therapeutic relationship | show 🗑
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show | A legal concept that protects the clients confidentiality in the context of legal proceedings.
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Psychotherapist patient privilege | show 🗑
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Who is considered "holder of privilege" | show 🗑
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Name 4 exceptions to privilege that are legally defined | show 🗑
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show | The client authorizes the release of information
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In the context of exceptions to privilege what is mandatory reporting? | show 🗑
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In the context of exceptions to privilege what is danger to self or others? | show 🗑
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show | The client is suing the therapist for malpractice; has filed a complaint against a psychologist with the ethics committee or licensing board; is a party in a custody dispute; or is the subject of a court ordered evaluation.
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show | When to do so is mandated by law or permitted by law for a valid purpose. In other words legal exceptions to privilege and other legal mandates for the release of confidential information ordinarily take precedence over ethical obligations.
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show | When feasible at the outset of the relationship and thereafter as new circumstances may warrant.
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Limits of confidentiality with group therapy | show 🗑
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Three recommendations for group therapists in the context of limits of confidentiality | show 🗑
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Limits of confidentiality with family and couple therapy | show 🗑
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show | With minor client parent/legal guardian are ordinarily holders of privilege and have a right to all information disclosed during the course of therapy. Good practice to discuss at outset what information will & will not be disclosed. Not legally binding.
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show | Not explicitly covered by the ethics code, some jurisdictions have laws that apply. In such case records cannot be released without permission from the executor or administrator of the client's estate.
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show | Psychologist must inform clients of the possible limits on privacy and confidentiality when services are delivered electronically, when psychologists store information in databases they must use coding or other techniques to restrict access to the info.
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show | Military psychologists must maintain confidentiality while adhering to Department of Defense rules. Must inform client at the outset of treatment the limits of confidentiality. Must discuss concerns related to who the client is in the situation.
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show | If psychologist believes client is at high risk for suicide he must take action to protect the client safety. If possible disclose to the client his intended action & disclose only information relevant 2 the situation.
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show | The duty to warn/protect applies only when the client poses a clear and imminent danger to an identifiable victim or victims and in some jurisdictions and identifiable class of victims.
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Acceptable breaches of confidentiality: the client is the perpetrator or victim of child abuse | show 🗑
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show | Standard 3.09 and 4.06 requires psychologists to cooperate with other professionals in order to best serve their clients
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show | Standard 4.07 prohibits psychs from using confidential information about their clients or any other individual unless they have taken "reasonable steps" to remove identifiable information, have written consent, or are legally authorized.
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show | Do not make false, deceptive, or fraudulent statements concerning training, academic degrees, credentials, institutional affiliations, their services, scientific or clinical basis, fees, publications.
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show | Weren't from a regionally accredited educational institution or were the basis for psychology licensure by the state in which they practice
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show | Paid or unpaid advertising, product endorsements, grant applications, licensing applications, or other credentialing applications, brochures printed material, directory listings, comments for media, legal proceedings,oral presentations, publish materials.
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show | Psychologists engage others to create or place public statements retain professional responsibility, do not compensate employees of press in return for publicity, a paid advertisement must be easily identified as such.
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5.03 descriptions of workshops and nondegree granting educational programs | show 🗑
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5.04 media presentations | show 🗑
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show | Psychologists do not solicit testimonials from current therapy clients/patients or other persons who because of their particular circumstances are vulnerable to undue influence
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5.06 in person solicitation | show 🗑
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6.01 documentation of professional and scientific work and maintenance of records | show 🗑
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show | Psychologist make plans in advance to facilitate the appropriate transfer and to protect the confidentiality of records and data in the event of the psychologist withdrawal from positions or practice
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6.03 withholding records for nonpayment | show 🗑
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6.04 fees and financial arrangements | show 🗑
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6.05 barter with clients | show 🗑
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6.06 accuracy in reports to payers and funding sources | show 🗑
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show | When psychologists pay, received payment, or divide fees with another professional other than in an employer – employee relationship, the payment to each is based on the services provided and not based on the referral itself.
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What information is recommended by APA's recordkeeping guidelines for each substantially of contact with the client? | show 🗑
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Client access to records | show 🗑
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show | Information used by healthcare professionals that relates to the patient's healthcare That could be used to identify the patient, and that has been transmitted or maintained in any form or medium
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show | Not addressed, generally considered acceptable. "The actual fee charged for services rendered is not as important from an ethical standpoint and the manner in which it is set, communicated, managed, and collected"
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show | Psychologist responsible for training ensure programs provide appropriate knowledge and experience and meet requirements for licensure certification or other goals for which claims are made by the program
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7.02 descriptions of education and training programs | show 🗑
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7.03 accuracy in teaching | show 🗑
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show | Psychologist and not require students were supervisees to disclose personal information regarding sexual history, abuse/neglect, psychological treatment and relationships.
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show | The program clearly identified the requirement at admission or information needed to evaluate for student whose personal problems could prevent them from performing professionally related activities in a competent manner
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show | When required students must have the option to select a practitioner unaffiliated with the program and faculty likely responsible for evaluating students do not provide therapy
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7.06 assessing student and supervisee performance | show 🗑
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7.07 sexual relationships with students and supervisees | show 🗑
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8.01 institutional approval | show 🗑
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8.02 informed consent to research | show 🗑
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8.03 informed consent for recording voices and images in research | show 🗑
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show | Psychologist take steps to protect the prospective participants from adverse consequences of declining or withdrawing. When research participation is a course requirement there is an equitable alternative activity
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8.05 dispensing with informed consent for research | show 🗑
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show | No deception unless justified by studies significant perspective value and effective alternative not feasible. No deception when expected to cause physical pain or severe emotional distress. Disclose deception at the briefing and allow withdrawal of data.
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show | Provide a prompt opportunity for participants to obtain appropriate information about the research and correct any misconceptions. When psychologists become aware of harm to participant they take steps to minimize harm
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8.09a humane care and use of animals in research | show 🗑
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8.09b Humane care and use of animals in research | show 🗑
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show | Psychologists ensure that all individuals under their supervision using animals have received instruction in the care maintenance and handling of the species, to the extent appropriate to their role.
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show | Psychologists make reasonable efforts to minimize the discomfort, infection, illness, and pain of animal subjects.
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8.0 9E Humane care and use of animals in research | show 🗑
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8.0 9F humane care and use of animals in research | show 🗑
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8.0 9G humane care and use of animals in research | show 🗑
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8.10 reporting research results | show 🗑
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8.11 plagiarism | show 🗑
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show | Psychologist take responsibility and credit, including authorship credit, only for work they have actually performed or to which they have substantially contributed.
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show | Principal authorship and other publication credits accurately reflect the relative scientific or professional contributions of the individuals involved regardless of their relative status
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show | Except under exceptional circumstances, a student is listed as principal author on any multiple authored article that is substantially based on the student's doctoral dissertation
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show | Psychologists do not publish, as original data, data that have been previously published. This does not preclude republishing data when they are accompanied by proper acknowledgment
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8.14 sharing research data for verification | show 🗑
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show | Psychologists to review material submitted for presentation, publication, grant, or research proposal review respect the confidentiality of the propriety rights in such information of those who submitted it
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show | Psychologists based the opinions contained in their recommendations, reports, and diagnostic or evaluative statements, including forensic testimony, on information and techniques sufficient to substantiate their findings.
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show | Except 9.0 1C, psychologists provide opinions of the psychological characteristics of individuals only after they have conducted an examination of the individuals adequate to support their statements or conclusions.
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9.0 1C Bases for assessments | show 🗑
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show | Psychologists conduct assessments in a manner and for purposes that are appropriate in light of the research on or evidence of the usefulness and proper application of the techniques
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show | Psychologists use assessment tools whose validity and reliability have been established for use with members of the population tested. When not established, described the strengths and limitations of test results and interpretation
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show | Psychologists use assessment methods that are appropriate to an individual's language preference and competence, unless the use of an alternative language is relevant to the assessment issues
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show | Psychologists obtain informed consent for assessments, evaluations, or diagnostic services, as described in standard 3.10
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Exceptions to 9.03 informed consent in assessments | show 🗑
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Assessments with an interpreter | show 🗑
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9.04 release of test data | show 🗑
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9.05 test construction | show 🗑
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show | When interpreting assessment results take into account the purpose of the assessment as well as various test factors, other characteristics of the person assessed that might affect psychologists judgments or reduce accuracy of interpretation
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show | Psychologists are not promote the use of psychological assessment techniques by unqualified persons, except when such uses conducted for training purposes with appropriate supervision.
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9.08 obsolete tests and outdated test results | show 🗑
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show | Do this ethically, and retain responsibility for the appropriate application, interpretation, and use of assessment instruments, whether they score and interpret such test themselves or use automated or other services
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show | Psychologists take reasonable steps to ensure that explanations of results are given to the individual or designated representative unless the nature of the relationship precludes provision of an explanation of results
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show | Psychologists make reasonable efforts to maintain the integrity and security of test materials and other assessment techniques consistent with law and contractual obligations, and in a manner that permits adherence to this ethics code.
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10.01 informed consent to therapy | show 🗑
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show | Psychologists inform their clients of the developing nature of the treatment, the potential risks involved, alternative treatments that may be available, and the voluntary nature of their participation
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When the therapist is the trainee in the legal responsibility for the treatment provided resides with the supervisor the client is informed that… | show 🗑
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show | Clarify who is clients, the relationship with each. Include psychologist role in the uses of services or information obtained. take steps to clarify and modify or withdraw from roles appropriately when called on to perform potentially conflicting roles
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10.03 group therapy | show 🗑
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10.04 providing therapy to those served by others | show 🗑
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10.05 sexual intimacies with current therapy clients | show 🗑
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10.06 sexual intimacies with relatives or significant others of current therapy clients | show 🗑
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show | Psychologists do not accept as therapy clients persons with whom they have engaged in sexual intimacies
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show | Psychologist to not engage in sexual intimacies of former clients for at least two years after cessation or termination of therapy and then only in the most unusual circumstances
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show | Two years; nature, duration, and intensity of therapy; circum of termination; personal history; current mental status; adverse impact; any statements or actions made by the therapist during the course of therapy suggesting a posttermination relationship
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show | Psychologists make reasonable efforts to provide for orderly an appropriate resolution of responsibility for client care in the event that the appointment or contractual relationship ends. Paramount consideration to welfare of client
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show | Terminate when service no longer needed, no longer benefits, or being harmed. Terminate when being threatened or endangered, prior to termination provide referrals
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APA guidelines: providers of psychological services | show 🗑
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APA guidelines: psychological services | show 🗑
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APA guidelines: psychological service unit | show 🗑
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APA guidelines: users | show 🗑
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APA guidelines: sanctioners | show 🗑
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APA guidelines one: providers | show 🗑
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show | The composition and programs of psychological service unit strives to be responsive to the needs of the persons or settings served
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General guideline 2: programs: policies | show 🗑
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show | Procedural guidelines. Clarify fee structure and financial arrangement. Records maintained. Policy for retention and disposition of records. System to protect confidentiality. Do not use privileged information for competitive advantage or personal gain
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General guideline 3: accountability | show 🗑
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Specialty guidelines for forensic psychologists: purpose and scope | show 🗑
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show | Forensic psychologists do not provide professional services to parties to a legal proceeding on the basis of contingencies when those services involve the offering of expert testimony.
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show | When necessary to provide both evaluation and treatment take reasonable steps to minimize potential negative effects on the rights of the party, confidentiality and the process of treatment and evaluation
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show | Unless court ordered must obtain informed consent. If client unwilling postpone assessment in contact attorney. If client doesn't have capacity 2 consent & legal rep objects contact court. May not use evaluation for other purpose without explicit waiver
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show | Forensic psychologists have an obligation to be aware of the legal standard that may affect or limit the confidentiality or privilege that may attach to their services or their products
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Specialty guidelines for forensic psychologists: methods and procedures: documentation | show 🗑
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show | Services must be initiated by counsel. When client is representing himself the psychologist makes efforts to inform the court prior to providing services
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Specialty guidelines for forensic psychologists: methods and procedures: evidence | show 🗑
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Specialty guidelines for forensic psychologists: Public and professional communications | show 🗑
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Specialty guidelines for forensic psychologists: fees | show 🗑
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Guidelines for providers of psychological services to ethnic, linguistic, and culturally diverse populations | show 🗑
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Guidelines for providers of psychological services to ethnic, linguistic, and culturally diverse populations: competence | show 🗑
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Guidelines for providers of psychological services to ethnic, linguistic, and culturally diverse populations: self – awareness | show 🗑
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show | Psychologists should help a client determine whether a problem stems from races and more bias and others so that the client is not inappropriately personalized problems.
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show | Written information provided to client should be presented in understandable language. Interact in the language requested by the client, if not feasible make appropriate referral.
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Guidelines for child custody evaluations and family law proceedings: orienting guidelines: purpose of the child custody evaluation | show 🗑
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Guidelines for child custody evaluations and family law proceedings: general guidelines: preparing for the custody evaluation | show 🗑
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Guidelines for child custody evaluations and family law proceedings: procedural guidelines: conducting the child custody evaluation | show 🗑
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The primary goal of psychology licensure is to… | show 🗑
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show | legal concept, basis criminal defense. Def: guilty by reason of insanity if because of mental disease or defect, "that person lacks the substantial capacity to appreciate the wrongfulness of the act or behave according to the requirements of the law"
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show | Dusky versus United States 1960. "Sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and a rational as well as a factual understanding of the proceedings against him."
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show | A person who testifies as to what was seen, heard, or otherwise observed regarding a circumstance, event or occurrence as it actually took place.Does not offer opinion
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show | A person who by reason of education or specialized experience possesses superior knowledge respecting a subject about which persons have no particular training are incapable of forming an accurate opinion or deducing correct conclusions
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show | Legal right given to a person to be responsible for the necessities of another person legally deemed incapable of providing these necessities themselves.
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show | An adult appointed by the court to represent and make decisions for someone legally incapable of doing so on his or her own in a civil legal proceeding
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show | Research suggests that psychologist predictions are not accurate, produce high rate of false positives. Past history of violent behavior is the single most accurate predictor of future violent behavior.
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Malpractice disciplinary actions | show 🗑
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Disciplinary actions: Five most common reasons for disciplinary action : | show 🗑
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show | Male therapists
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show | Between 42 and 44 and the typically female client being between 30 and 33
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show | No relationship between risk for sexual misconduct and theoretical orientation, professional experience, or education
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Responding to a subpoena | show 🗑
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show | When a request for confidential information arises for the first time during court testimony or deposition may assert psychotherapist patient privilege and refuse until ordered by Court
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show | When the court issues in order to provide testimony or produce documents psychologist must comply with the order to avoid being held in contempt
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show | Cost-benefit analysis, cost-effectiveness analysis, cost utility analysis, cost feasibility analysis, cost minimization analysis.
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Cost-benefit analysis | show 🗑
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show | Useful when compared interventions have similar goals but not possible to assign monetary value to outcomes. Costs expressed in monetary terms outcomes expressed in measurable (non-monetary) terms
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show | Evaluates alternative interventions by comparing costs an estimated value of outcomes, useful when outcomes cannot be measured monetarily. Estimated utility measured by duration of intervention or quality of life.
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show | Used to evaluate the feasibility of one or more interventions on the basis of the monetary and other resources they would require. Determines if intervention worth considering. Does not take into account outcomes
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Cost minimization analysis | show 🗑
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show | Racial and ethnic groups. Refer to racial and ethnic groups as specifically as possible. Do not imply gender exclusivity. Use male/female as adjectives not as nouns. Avoid gendered pronouns when possible. Don't categorize people as objects.
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