Ethical/Legal/Professional/Forensic

whether they score and interpret such tests themselves or use automated or other services

9.09c: Psychologists retain responsibility for the purpose of application, interpretation, and use of assessment instruments

Principle B

Fidelity and Responsibility

According to the _____________________, a psychologist may NOT withhold records for nonpayment under any circumstances.

Health Insurance Portability and Accountability Act (HIPAA)

Ethical Standard 3

Human Relations

A psychologist opening a mental health clinic in a rural area serving a Native American population would be well-advised to:

Include medicine men from the tribe as consultants and mediators

Minimizing Intrusions in privacy

Include written and oral reports and consultations only germane to the purpose for which the communication was made. Discuss confidential information obtained by work for appropriate scientific or professional purposes and only with persons clearly concerned with such matters.

All of the following are prongs of the Daubert Test EXCEPT:

Inclusion of all expert testimony, not only scientific testimony only

Principle, recognize and respect demographic differences, and consider when providing psychological services.

Principle E: Respect for People's Rights and Dignity

HIPAA, right of notice, Patients should be provided with a written copy of the psychologist's ____________________.

Privacy Policy

Principle A includes

Strive for benefit and do no harm. Safeguard those we work with. Resolve conflicts between colleagues quickly

Typically, __________ is the holder of the privilege.

The client

The Court in Dusky v. United States (1960) established:

The minimal constitutional standard for competency to stand trial.

cost analysis- 4 types

There are four basic types of cost analysis that are used to evaluate health care interventions in terms of costs and outcomes: cost-benefit, cost-effectiveness , cost-utility, and cost-minimization.

One of the many problems with the "battered woman syndrome" is:

There is a lack of consensus on what constitutes battering.

In conducting a forensic assessment in which the defense is raising automatism, which of the following facts would give an expert pause?

There is no pattern of history of automatistic episodes

Although intended to measure deliberate efforts at social desirability, the Impression Management (IM) scale, as developed by Paulhus (1998) has the complication of highly religous persons tending to have very high scores on the scale.

True

Defendants not guilty by reason of insanity (NGRI) are generally subject to automatic commitment.

True

Frye v. United States established the "general acceptance" standard for tests admissible in court via expert testimony.

True

HIPAA, right to request restrictions, T OR F Psychologists are not obligated to agree to any and all limits of disclosure requested by patients.

True

In federal death penalty cases, a finding of any aggravating factor must be unanimous.

True

No standard psychological testing battery has been consistently identified in the literature for use in personal injury evaluations

True

Documented consent

A signed written form, an audio or videotape, note in the client's record. Signed written consent might be required by law.

Publication credit should accurately reflect __________________________.

contributions to the research

Media presentations, statements must be based on ______________________, must be consistent with the _______________, and it should be made clear there is _________________________.

psychological literature and practice; Ethics Code; no therapeutic relationship established

Mandating reporting laws with regard to abuse reporting and Tarasoff vary _______________________

from state to state

Safeguards regarding mandatory ind or group therapy are intended to protect graduate students and to prevent ____________________________________.

harmful multiple relationships

legal exceptions and mandates

in a conflict between legal exceptions to privilege/other legal mandates for the release of confidential information and ethical obligations, this usually takes precedence

Psychologist who participate in forensic activities should ensure that they are "reasonably familiar with the ___________________________________ governing their roles"

judicial and administrative rules

Principle D

justice

Informed consent in assessment exception; when the testing is mandated by ____________________.

law or government regulations

Informed consent, exception occurs when ____________________________________ mandate conducting these activities without consent.

laws or governmental regulations

During the 1920s and 1930s, the interest in psychology and the law was almost exclusively on the part of:

lawyers

Psychologist may/may not pay another professional for a referral.

may not

Psychologists may never deceive prospective subjects about research that may cause __________________________________.

physical pain or emotional distress

If an educational program requires participation in individual or group therapy, students must have the option of obtaining treatment from _________________________________.

practitioners not associated with the program.

Termination should usually be preceded by _________________, which may include suggesting alternative treatment providers.

pre-termination counseling

A legal term referring to a case that is good on its "face" with sufficient evidence to justify going forward with a criminal prosecution is:

prima facie

Ethical Standard 4

privacy and confidentiality

When enter into employment or contractual arrangements (e.g., managed care contracts) they take _______________ to ensure the client's care will be resolved appropriately when these contracts end.

reasonable steps

In emerging areas in which clear guidelines for competence have not already been established, psychologists should take "______________________________"

reasonable steps to ensure competence

Tarasoff (mandated reporting), notify intended victim, and take ___________________ when a patient communicates a threat of __________ violence against a _______________ victim.

reasonable steps, imminent, reasonably identifiable

Plagiarism is _______________________.

strictly prohibited

designated record set

the medical and billing records maintained by a psychologist which are used to make decisions about the patients

Limits of confidentiality and couple and family therapy

"Secrets" can arise especially when seeing members individually and in group. Best policy is for the psychologist to let partners or family members know at the onset that information in private sessions "will be divulged as he/she sees fit in accordance with the greatest benefit for the couple or family.

Specialty Guidelines for Forensic Psychologists (1991)

"When forensic psychologists conduct an evaluation or engage in the treatment of a party to a legal proceeding, with foreknowledge that their professional services will be used in an adjudicative forum, they incur a special responsibility to provide the best documentation possible under the circumstances."

Psychologists still should not enter into sexual relationships with former clients unless "________________________" exist.

"most unusual circumstances"

Responding to a subpoena

(1) Determine if the subpoena is valid, (2) If valid, a formal response is required, but the psychologist should contact the client to discuss the implications of providing the requested information, (3) If client consents the psychologist should provide the requested information. If the client does not consent, the psychologist or his/her attorney can attempt to negotiate with the party who issued the subpoena, (4) If the requesting party continues to demand that the information be provided, the psychologist can seek guidance from the court informally through a letter or have his/her attorney file a motion to quash the subpoena or a motion for protective order.

Responding to a Subpoena

(1) The first step is to determine if the subpoena is a legally valid demand. (2) If the subpoena is valid, a formal response is required, but the psychologist should first contact the client to discuss the implications of providing the requested information. (3) If the client consents to disclosure and there is no valid reason for withholding the information, the psychologist should provide the requested information. If the client does NOT consent, the psychologist or his/her attorney can attempt to negotiate with the party who issued the subpoena. (4) If the client does not consent and the requesting party continues to demand that the information be provided, the psychologist can seek guidance from the court informally through a letter or have his/her attorney file a motion to quash the subpoena or a motion for a protective order.

Griggs v. Duke Power Company

(1971) dealt with biases in testing in industry

3.05 Multiple Relationships

(a) A multiple relationship occurs when a psychologist is in a professional role with a person and (1) at the same time is in another role with the same person, (2) at the same time is in a relationship with a person closely associated with or related to the person with whom the psychologist has the professional relationship, or (3) promises to enter into another relationship in the future with the person or a person closely associated with or related to the person. A psychologist refrains from entering into a multiple relationship if the multiple relationship could reasonably be expected to impair the psychologist's objectivity, competence, or effectiveness in performing his or her functions as a psychologist, or otherwise risks exploitation or harm to the person with whom the professional relationship exists. Multiple relationships that would not reasonably be expected to cause impairment or risk exploitation or harm are not unethical. (b) If a psychologist finds that, due to unforeseen factors, a potentially harmful multiple relationship has arisen, the psychologist takes reasonable steps to resolve it with due regard for the best interests of the affected person and maximal compliance with the Ethics Code. (c) When psychologists are required by law, institutional policy, or extraordinary circumstances to serve in more than one role in judicial or administrative proceedings, at the outset they clarify role expectations and the extent of confidentiality and thereafter as changes occur.

9.02 Use of Assessments

(a) Administer, adapt, score, interpret, or use assessment techniques, interviews, tests, or instruments 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 technique (b) Use assessment instruments whose validity and reliability have been established for use with members of the population tested; when such validity and reliability has not been established, describe the strengths and limitations of test results and interpretation (c) 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

8.14 Sharing Research Data for Verification

(a) After research results are published, psychologists do not withhold the data on which their conclusions are based from other competent professionals who seek to verify the substantive claims through reanalysis and who intend to use such data only for that purpose, provided that the confidentiality of the participants can be protected and unless legal rights concerning proprietary data preclude their release. This does not preclude psychologists from requiring that such individuals or groups be responsible for costs associated with the provision of such information. (b) Psychologists who request data from other psychologists to verify the substantive claims through reanalysis may use shared data only for the declared purpose. Requesting psychologists obtain prior written agreement for all other uses of the data.

6.04 Fees and Financial Arrangements

(a) As early as is feasible in a professional or scientific relationship, you and recipients of psychological services reach an agreement specifying compensation and billing arrangements (b) Your fee practices are consistent with law (c) You do not misrepresent your fees (d) If limitations to services can be anticipated because of limitations in financing, this is discussed with the recipient of services as early as is feasible (e) If the recipient of services does not pay for services as agreed, and if you intend to use collection agencies or legal measure to collect the fees, you first inform the person that such measures will be taken and provide that person an opportunity to make prompt payment

9.01 Bases for Assessments

(a) Base the opinions contained in your recommendations, reports, and diagnostic or evaluative statements, including forensic testimony, on information and techniques sufficient to substantiate your findings (b) Except as noted below, provide opinions of the psychological characteristics of individuals only after you have conducted an examination of the individuals adequate to support their statements or conclusions; when, despite reasonable efforts, such an examination is not practical, document the efforts you made and the results of those efforts, clarify the probably impact of your limited information on the reliability and validity of their opinions, and appropriately limit the nature and extend of you conclusions or recommendations (c) When you conduct a record review or provide consultation or supervision and an individual examination is not warranted or necessary for the opinion, explain this and the sources of information on which you based your conclusions and recommendations

7.06 Assessing Student and Supervisee Performance

(a) In academic and supervisory relationships, psychologists establish a timely and specific process for providing feedback to students and supervisees. Information regarding the process is provided to the student at the beginning of supervision. (b) Psychologists evaluate students and supervisees on the basis of their actual performance on relevant and established program requirements.

9.03 Informed Consent in Assessments

(a) Obtain informed consent for assessments, evaluations, or diagnostic services, as described in standard 3.01 except when (1) testing is mandated by law or governmental regulations, (2) informed consent is implied because testing is conducted as a routine educational, institutional, or organizational activity, or (3) one purpose of the testing is to evaluate decisional capacity (b) Inform persons with questionable capacity to consent or for whom testing is mandated by law or governmental regulations about the nature and purpose of the proposed assessment services, using language that is reasonably understandable to the person being assessed (c) If you use the services of an interpreter, obtain informed consent from the client/patient to use that interpreter, ensure that confidentiality of test results and test security are maintained, and include in your recommendations, reports, and diagnostic or evaluative statements, including forensic testimony, discussion of any limitations on the data obtained

8.09 Humane Care and Use of Animals in Research

(a) Psychologists acquire, care for, use, and dispose of animals in compliance with current federal, state and local laws and regulations, and with professional standards. (b) Psychologists trained in research methods and experienced in the care of laboratory animals supervise all procedures involving animals and are responsible for ensuring appropriate consideration of their comfort, health and humane treatment. (c) Psychologists ensure that all individuals under their supervision who are using animals have received instruction in research methods and in the care, maintenance and handling of the species being used, to the extent appropriate to their role. (d) Psychologists make reasonable efforts to minimize the discomfort, infection, illness and pain of animal subjects. (e) Psychologists use a procedure subjecting animals to pain, stress or privation only when an alternative procedure is unavailable and the goal is justified by its prospective scientific, educational or applied value. (f) Psychologists perform surgical procedures under appropriate anesthesia and follow techniques to avoid infection and minimize pain during and after surgery. (g) When it is appropriate that an animal's life be terminated, psychologists proceed rapidly, with an effort to minimize pain and in accordance with accepted procedures.

4.02 Discussing the Limits of Confidentiality

(a) Psychologists discuss with persons (including, to the extent feasible, persons who are legally incapable of giving informed consent and their legal representatives) and organizations with whom they establish a scientific or professional relationship (1) the relevant limits of confidentiality and (2) the foreseeable uses of the information generated through their psychological activities. (See also Standard 3.10, Informed Consent.) (b) Unless it is not feasible or is contraindicated, the discussion of confidentiality occurs at the outset of the relationship and thereafter as new circumstances may warrant. (c) Psychologists who offer services, products, or information via electronic transmission inform clients/patients of the risks to privacy and limits of confidentiality.

8.07 Deception in Research

(a) Psychologists do not conduct a study involving deception unless they have determined that the use of deceptive techniques is justified by the study's significant prospective scientific, educational, or applied value and that effective nondeceptive alternative procedures are not feasible. (b) Psychologists do not deceive prospective participants about research that is reasonably expected to cause physical pain or severe emotional distress. (c) Psychologists explain any deception that is an integral feature of the design and conduct of an experiment to participants as early as is feasible, preferably at the conclusion of their participation, but no later than at the conclusion of the data collection, and permit participants to withdraw their data.

8.10 Reporting Research Results

(a) Psychologists do not fabricate data. (b) If psychologists discover significant errors in their published data, they take reasonable steps to correct such errors in a correction, retraction, erratum, or other appropriate publication means.

4.04 Minimizing Intrusions on Privacy

(a) Psychologists include in written and oral reports and consultations, only information germane to the purpose for which the communication is made. (b) Psychologists discuss confidential information obtained in their work only for appropriate scientific or professional purposes and only with persons clearly concerned with such matters.

4.05 Disclosures

(a) Psychologists may disclose confidential information with the appropriate consent of the organizational client, the individual client/patient, or another legally authorized person on behalf of the client/patient unless prohibited by law. (b) Psychologists disclose confidential information without the consent of the individual only as mandated by law, or where permitted by law for a valid purpose such as to (1) provide needed professional services; (2) obtain appropriate professional consultations; (3) protect the client/patient, psychologist, or others from harm; or (4) obtain payment for services from a client/patient, in which instance disclosure is limited to the minimum that is necessary to achieve the purpose. (See also Standard 6.04e, Fees and Financial Arrangements.)

8.08 Debriefing

(a) Psychologists provide a prompt opportunity for participants to obtain appropriate information about the nature, results, and conclusions of the research, and they take reasonable steps to correct any misconceptions that participants may have of which the psychologists are aware. (b) If scientific or humane values justify delaying or withholding this information, psychologists take reasonable measures to reduce the risk of harm. (c) When psychologists become aware that research procedures have harmed a participant, they take reasonable steps to minimize the harm.

2.01 Boundaries of Competence

(a) Psychologists provide services, teach, and conduct research with populations and in areas only within the boundaries of their competence (b) Where scientific or professional knowledge in the discipline of psychology establishes that an understanding of factors associated with age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, language, or socioeconomic status is essential for effective implementation of their services or research, psychologists have or obtain the training, experience, consultation, or supervision necessary to ensure the competence of their services, or they make appropriate referrals, except as provided in Standard 2.02, Providing Services in Emergencies. (c) Psychologists planning to provide services, teach, or conduct research involving populations, areas, techniques, or technologies new to them undertake relevant education, training, supervised experience, consultation, or study. (d) When psychologists are asked to provide services to individuals for whom appropriate mental health services are not available and for which psychologists have not obtained the competence necessary, psychologists with closely related prior training or experience may provide such services in order to ensure that services are not denied if they make a reasonable effort to obtain the competence required by using relevant research, training, consultation, or study. (e) In those emerging areas in which generally recognized standards for preparatory training do not yet exist, psychologists nevertheless 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. (f) When assuming forensic roles, psychologists are or become reasonably familiar with the judicial or administrative rules governing their roles.

2.06 Personal Problems and Conflicts

(a) Psychologists refrain from initiating an activity when they know or should know that there is a substantial likelihood that their personal problems will prevent them from performing their work-related activities in a competent manner. (b) When psychologists become aware of personal problems that may interfere with their performing work-related duties adequately, they take appropriate measures, such as obtaining professional consultation or assistance, and determine whether they should limit, suspend, or terminate their work-related duties.

8.12 Publication Credit

(a) Psychologists take responsibility and credit, including authorship credit, only for work they have actually performed or to which they have substantially contributed. (See also Standard 8.12b, Publication Credit.) (b) Principal authorship and other publication credits accurately reflect the relative scientific or professional contributions of the individuals involved, regardless of their relative status. Mere possession of an institutional position, such as department chair, does not justify authorship credit. Minor contributions to the research or to the writing for publications are acknowledged appropriately, such as in footnotes or in an introductory statement. (c) 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. Faculty advisors discuss publication credit with students as early as feasible and throughout the research and publication process as appropriate

5.02 Statements by Others

(a) Psychologists who engage others to create or place public statements that promote their professional practice, products, or activities retain professional responsibility for such statements. (b) Psychologists do not compensate employees of press, radio, television, or other communication media in return for publicity in a news item. (See also Standard 1.01, Misuse of Psychologists' Work.) (c) A paid advertisement relating to psychologists' activities must be identified or clearly recognizable as such.

5.01 Avoidance of False or Deceptive Statements

(a) Public statements include but are not limited to paid or unpaid advertising, product endorsements, grant applications, licensing applications, other credentialing applications, brochures, printed matter, directory listings, personal resumes or curricula vitae, or comments for use in media such as print or electronic transmission, statements in legal proceedings, lectures and public oral presentations, and published materials. Psychologists do not knowingly make public statements that are false, deceptive, or fraudulent concerning their research, practice, or other work activities or those of persons or organizations with which they are affiliated. (b) Psychologists do not make false, deceptive, or fraudulent statements concerning (1) their training, experience, or competence; (2) their academic degrees; (3) their credentials; (4) their institutional or association affiliations; (5) their services; (6) the scientific or clinical basis for, or results or degree of success of, their services; (7) their fees; or (8) their publications or research findings. (c) Psychologists claim degrees as credentials for their health services only if those degrees (1) were earned from a regionally accredited educational institution or (2) were the basis for psychology licensure by the state in which they practice.

10.10 Terminating Therapy

(a) Terminate therapy when it becomes reasonably clear that the client/patient no longer needs the services, is not likely to benefit, or is being harmed by continued service (b) You may terminate therapy when threatened or otherwise endangered by the client/patient or another person with whom the client/patient has a relationship (c) Except where precluded by the actions of clients/patients or third-party payers, prior to termination, provide pre-termination counseling and suggest alternative service providers as appropriate

7.05 Mandatory Individual or Group Therapy

(a) When individual or group therapy is a program or course requirement, psychologists responsible for that program allow students in undergraduate and graduate programs the option of selecting such therapy from practitioners unaffiliated with the program (b) Faculty who are or are likely to be responsible for evaluating students' academic performance do not themselves provide that therapy

8.02 Informed Consent to Research

(a) When obtaining informed consent as required in Standard 3.10, Informed Consent, psychologists inform participants about (1) the purpose of the research, expected duration, and procedures; (2) their right to decline to participate and to withdraw from the research once participation has begun; (3) the foreseeable consequences of declining or withdrawing; (4) reasonably foreseeable factors that may be expected to influence their willingness to participate such as potential risks, discomfort, or adverse effects; (5) any prospective research benefits; (6) limits of confidentiality; (7) incentives for participation; and (8) whom to contact for questions about the research and research participants' rights. They provide opportunity for the prospective participants to ask questions and receive answers. (b) Psychologists conducting intervention research involving the use of experimental treatments clarify to participants at the outset of the research (1) the experimental nature of the treatment; (2) the services that will or will not be available to the control group(s) if appropriate; (3) the means by which assignment to treatment and control groups will be made; (4) available treatment alternatives if an individual does not wish to participate in the research or wishes to withdraw once a study has begun; and (5) compensation for or monetary costs of participating including, if appropriate, whether reimbursement from the participant or a third-party payor will be sought.

3.10 Informed Consent

(a) When psychologists conduct research or provide assessment, therapy, counseling, or consulting services in person or via electronic transmission or other forms of communication, they obtain the informed consent of the individual or individuals using language that is reasonably understandable to that person or persons except when conducting such activities without consent is mandated by law or governmental regulation or as otherwise provided in this Ethics Code. (See also Standards 8.02, Informed Consent to Research; 9.03, Informed Consent in Assessments; and 10.01, Informed Consent to Therapy.) (b) For persons who are legally incapable of giving informed consent, psychologists nevertheless (1) provide an appropriate explanation, (2) seek the individual's assent, (3) consider such persons' preferences and best interests, and (4) obtain appropriate permission from a legally authorized person, if such substitute consent is permitted or required by law. When consent by a legally authorized person is not permitted or required by law, psychologists take reasonable steps to protect the individual's rights and welfare. (c) When psychological services are court ordered or otherwise mandated, psychologists inform the individual of the nature of the anticipated services, including whether the services are court ordered or mandated and any limits of confidentiality, before proceeding. (d) Psychologists appropriately document written or oral consent, permission, and assent.

10.02 Therapy Involving Couples or Families

(a) When you agree to provide services to several people who have a relationship, you take reasonable steps to clarify at the outset (1) which of the individuals are clients/patients and (2) the relationship you will have with each person (b) If it becomes apparent that you may be called on to perform potentially conflicting roles (such as family therapist and then witness for one party in divorce proceedings), take reasonable steps to clarify and modify, or withdraw form, roles appropriately

3.11 Psychological Services Delivered to or Through Organizations

(a) psychologists delivering services to or through organizations provide info beforehand to clients and when appropriate, those directly affected by the services about 1) the nature and objectives of the services 2) the intended recipients 3) which of the individuals are clients 4) uses of services provided and information obtained 6) who will have access to the info 7) limits of confidentiality. (b) if psychologists are precluded by law or organizational roles from providing such info they will tell these groups ahead of time

insanity defense

- accused person's mental state at the time of the crime

malpractice (4)

- professional relationship that implies a legal duty of care - breach of that duty - harm or injury occurred - breach of duty caused the harm/injury

what to do when an individual lacks the legal capacity to give consent

- psychologists should still provide the individual with an explanation, seek assent, consider the individual's best interests, and obtain permission from a legally authorized individual. - According to the 2002 APA Ethics Code, when obtaining permission from a legally authorized person is prohibited, psychologists should "take reasonable steps to protect the individual's rights and welfare." - Psychologists do not have to refrain from providing services - Institutions often give approval or authorization for services, but they cannot give "consent."

incompetence to stand trial

- the person accused of a crime cannot understand the nature of the legal proceedings and therefore cannot participate intelligently in his or her own defense - refers to the accused person's mental state at the time of the trial, and not at the time of the crime

Assessing student and supervisee performance

1) In academic and supervisory relationships, psychologists establish a timely and specific process for providing feedback to students and supervisees. Information regarding the process is provided to the student at the beginning of supervision; 2) Psychologists evaluate students and supervisees on the basis of their actual performance on relevant and established program requirements.

Publication credit

1) Only take credit for work they substantially contributed or performed; 2) principal authorship and other publication credits accurately reflect the relative scientific or professional contributions of the persons involved, not status; minor contributions to the research or writings are acknowledged in footnote; 3) A student is listed as principal author on multiple-authored article that is substantially based on their dissertation, except under exceptional circumstances. Faculty advisors discuss publication credit with students as early as is feasible and throughout the research and publication process as appropriate.

6.02 Maintenance, Dissemination, and Disposal of Confidential Records of Professional and Scientific Work

1) Psychologists maintain confidentiality in creating, storing, accessing, transferring, and disposing of records under their control, whether these are written, automated, or in any other medium 2) If confidential information concerning recipients of psychological services is entered into databases or systems of records available to persons whose access has not been consented, use coding 3) Make plans to facilitate transfer of confidentiality of records and data in event of leaving the practice

Debriefing

1) Psychologists provide a prompt opportunity for participants to obtain information about the nature, results, and conclusions of the research and take steps to correct any misconceptions that participants may have; 2) if scientific or humane reasons justify denying or withholding information, psychologists take reasonable steps to avoid harm; 3) when they become aware that research procedures have harmed participants they take reasonable steps to minimize harm.

capacity for informed consent (3)

1) capacity to make rational decisions 2) ability to comprehend 3) voluntariness

Gottlieb's recommendations for acceptability of multiple relationship (3)

1) power differential 2) duration of relationship 3) clarity of termination - likelihood of returning

Informed consent and legally incapable to consent

1) provide appropriate information, 2)seek individual assent, 3)consider such persons preferences and best interests, 4)obtain permission from a legally authorized person, if permitted by law. When consent is not permitted or required by law psychologists take reasonable steps to protect individual rights and welfare.

Personal problems and conflict

1) refrain from initiating activity when they know personal problems are significantly likely to prevent them from performing their activities 2) when they become aware they take appropriate measures (obtaining consultation or assistance) determine whether they should limit, suspend or terminate their work related duties.

Student disclosure of personal information and exceptions

1) the program or training facility clearly made it a requirement in its admissions and program materials, OR 2) the information is necessary to evaluate or obtain assistance to students whose personal problems could reasonably judged to be preventing them from performing their training or professionally related activities in a competent manner or posing a threat to the students or others.

What conditions are required for a graduate psychology program to require students to participate in psychotherapy?

1. Students are given the option of receiving therapy from practitioners unaffiliated with the program; 2. Faculty with evaluative authority must not provide the therapy; 3. The requirement must be clearly described in the program's description

Goals of maintaining records: 1. to facilitate ______________________ 2. to allow for replication of ___________ 3. to meet ________________________ 4. to ensure accuracy in __________ 5. to comply with ________

1. to facilitate future provision of services 2. research results 3. institutional requirments 4. billing 5. the law

take reasonable steps to correct or minimize the misuse or misrepresentation

1.01: If psychologists learn of misuse or misrepresentation of their work, they should

make known 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, and never use this standard to justify/defend violating human rights

1.02-1.03: If psychologists' ethical responsibilities conflict with law, regulations, other governing legal authority, or the demands of an organization with which psychologists are affiliated or for whom they are working, they should

attempt to resolve the issue by bringing it to the attention of the individual, if informal resolution appears appropriate and this does not violate any confidentiality rights involved

1.04: When psychologists believe there may have been an ethical violation by another psychologist, they should

take further action appropriate to the situation, e.g., referral to state or national committees on professional ethics, state licensing boards, or the appropriate institutional authorities. Does not apply when doing so would violate confidentiality rights or when psychologists have been retained to review the work of another psychologist whose professional conduct is in question.

1.05: If an apparent ethical violation has harmed or is likely to harm a person/organization and is not appropriate for informal resolution or is not resolved properly in that fashion, psychologists should

an ethics violation

1.06: Failure to cooperate with ethics investigations, proceedings, and resulting requirements of the APA or any affiliated state psychological association is

not noncooperation

1.06: Requesting a deferment of adjudication of an ethics complaint pending the outcome of litigation is

Made with reckless disregard for or willful ignorance of facts that would disprove the allegation

1.07: Psychologists do not file or encourage the filing of ethics complaints that are

their having made or their being the subject of an ethics complaint

1.08: Psychologists do not deny persons employment, advancement, admissions to academic or other programs, tenure, or promotion based solely on

the outcome of ethics proceedings or other appropriate information

1.08: Psychologists may consider this in employment, advancement, admissions to academic or other programs, tenure, or promotion

Enforceable, provide specific guidelines for the ethical behavior of psychologists.

10 Ethical Standards

inform clients/patients as early as is feasible in the therapeutic relationship about the nature and anticipated course of therapy, fees, involvement of third parties, and limits of confidentiality and provide sufficient opportunity for the client/patient to ask questions and receive answers

10.01a: When obtaining consent to therapy, psychologists

inform their clients/patients of the developing nature of the treatment, the potential risks involved, alternative treatments that may be available, and the voluntary nature of their participation

10.01b: When obtaining informed consent for treatment for which generally recognized techniques and procedures have not been established, psychologists

is informed that the therapist is in training and is being supervised and is given the name of the supervisor

10.01c: When the therapist is a trainee and the legal responsibility for the treatment provided resides with the supervisor, the client/patient, as part of the informed consent procedure,

take reasonable steps at the outset to establish 1) which of the individuals are clients/patients, 2) the relationship the psychologist will have with each person, 3) the psychologist's role, and 4) the probable uses of the services provided or the information obtained

10.02a: When psychologists agree to provide services to several persons who have a relationship (such as spouses, significant others, or parents and children), they

take reasonable steps to clarify and modify, or withdraw from, roles appropriately

10.02b: If it becomes apparent that psychologists may be called on to perform potentially conflicting roles (such as family therapist and then witness for one party in divorce proceedings), psychologists

describe at the outset the roles and responsibilities of all parties and the limits of confidentiality

10.03: When psychologists provide services to several persons in a group setting, they

carefully consider the treatment issues and the potential client's/patient's welfare, discuss these issues with the client/patient or another legally authorized person on behalf of the client/patient in order to minimize the risk of confusion and conflict, consult with the other service provider when appropriate, and proceed with caution and sensitivity to the therapeutic issues

10.04: In deciding whether to offer or provide services to those already receiving mental health services elsewhere, psychologists

1) current therapy clients/patients; 2) individuals they know to be close relatives, guardians, or significant others of current clients/patients; or 3) former therapy clients/patients for at least two years after cessation or termination of therapy

10.05, 10.06, 10.08a: Psychologists do not engage in sexual intimacies with

circumvent the prohibition on sexual intimacies with those known to be close relatives, guardians, or significant others of current clients/patients

10.06: Psychologists do not terminate therapy to

persons with whom they have engaged in sexual intimacies

10.07: Psychologists do not accept as therapy clients/patients

except in the most unusual circumstances

10.08b: Psychologists do not engage in sexual intimacies with former clients even after a two-year interval

that there has been no exploitation, in light of all relevant factors, including 1) the amount of time that has passed since therapy terminated; 2) the nature, duration, and intensity of the therapy; 3) the circumstances of termination; 4) client's/patient's personal history; 5) the client's/patient's current mental status; 6) the likelihood of adverse impact on the client/patient; and 7) any statements or actions made by the therapist during the course of therapy suggesting or inviting the possibility of a posttermination sexual or romantic relationship with the client/patient

10.08b: Psychologists who engage in sexual intimacies after the two years following cessation or termination of therapy and of having no sexual contact with the former client/patient bear the burden of demonstrating

orderly and appropriate resolution of responsibility for client/patient care in the event that the employment or contractual relationship ends, with paramount consideration given to the welfare of the client/patient

10.09: When entering into employment or contractual relationships, psychologists make reasonable efforts to provide for

it becomes reasonably clear that the client/patient no longer needs the service, is not likely to benefit, or is being harmed by continued service

10.10a: Psychologists terminate therapy when

threatened or otherwise endangered by the client/patient or another person with whom the client/patient has a relationship

10.10b: Psychologists may terminate therapy when

provide pretermination counseling and suggest alternative service providers as appropriate

10.10c: Except where precluded by the actions of clients/patients or third-party payors, prior to termination, psychologists

Base rate for competency referrals range between _____ and ____ of felony arrests.

2% to 8%

be or become reasonably familiar with the judicial or administrative rules governing their roles

2.01f: When assuming forensic roles, psychologists should

avoid delegating such work to persons who have a multiple relationship with those being served that would likely lead to exploitation or loss of objectivity; authorize only those responsibilities that such persons can be expected to perform competently on the basis of their education, training, or experience, either independently or with the level of supervision being provided; and see that such persons perform these services competently

2.05: Psychologists who delegate work to employees, supervisees, or research or teaching assistants or who use the services of others, such as interpreters, take reasonable steps to

there is a substantial likelihood that their personal problems will prevent from performing their work-related activities in a competent manner

2.06a: Psychologists refrain from initiating an activity when they know or should know that

Take appropriate measures, such as obtaining professional consultation or assistance, and determine whether they should limit, suspend, or terminate their work-related duties

2.06b: When psychologists become aware of personal problems that may interfere with their performing work-related duties adequately, they should

APA's Record Keeping Guidelines (2007) suggest keeping minor records for 7 years also, or __________________, whichever is LATER.

3 years after minor reaches age of majority

unfair discrimination based on cultural identities, sexual harassment, or other harassment based on cultural identities

3.01-3.03: In their work-related activities, psychologists do not engage in

2016 Amendments

3.04 Avoiding Harm: added a prohibition on engaging in torture (mental or physical)

minimize harm where it is foreseeable and unavoidable

3.04: Psychologists take reasonable steps to avoid harming their clients/patients, students, supervisees, research participants, organizational clients, and others with whom they work, and to

obtain the informed consent of the individual(s) using language that is reasonably understandable to that person or persons except when conducting such activities without consent is mandated by law or governmental regulation or as otherwise provided in this Ethics Code

3.10a: When psychologists conduct research or provide assessment, therapy, counseling, or consulting services in person or via electronic transmission or other forms of communication, they should

1) provide an appropriate explanation, 2) seek the individual's assent, 3) consider such persons' preferences and best interests, and 4) obtain appropriate permission from a legally authorized person, if such substitute consent is permitted or required by law

3.10b: For persons who are legally incapable of giving informed consent, psychologists should nevertheless

take reasonable steps to protect the individual's rights and welfare

3.10b: When consent by a legally authorized person is not permitted or required by law, psychologists should

inform the individual of the nature of the anticipated services, including whether the services are court ordered or mandated and any limits of confidentiality, before proceeding

3.10c: When psychological services are court-ordered or otherwise mandated, psychologists should

written or oral consent, permission, and assent

3.10d: Psychologists appropriately document this

the results and conclusions of such services to appropriate persons

3.11: As soon as feasible, psychologists delivering services to or through organizations provide information about

1) the nature and objectives of the services, 2) the intended recipients, 3) which of the individuals are clients, 4) the relationship the psychologist will have with each person and the organization, 5) the probable uses of services provided and information obtained, 6) who will access to the information, and 7) limits of confidentiality

3.11: Psychologists delivering services to or through organizations should provide information beforehand to clients and when appropriate those directly affected by the services about

so inform those individuals or groups at the outset of the service

3.11b: If psychologists delivering services to or through organizations will be precluded by law or by organizational roles from providing particular information information to particular individuals or groups, they should

make reasonable efforts to plan for facilitating services in the event that psychological services are interrupted by factors such as the psychologist's illness, death, unavailability, relocation, or retirement or by the client's/patient's relocation or financial limitations

3.12: Unless otherwise covered by contract, psychologists should

confidential information that reasonably could lead to the identification of a client/patient, research participant, or other person or organization with whom they have a confidential relationship unless they have obtained the prior consent of the person or organization or the disclosure cannot be avoided

4.06: When consulting with colleagues, psychologists do not disclose

confidential, personally identifiable information concerning their clients/patients, students, research participants, organizational clients, or other recipients of their services that they obtained during the course of their work, unless 1) they take reasonable steps to disguise the person or organization, 2) the person or organization had consented in writing, or 3) there is legal authorization for doing so

4.07: Psychologists do not disclose in their writings, lectures, or other public media

Are aspirational in nature and should never be used to impose sanctions.

5 General Principles

false, deceptive, or fraudulent concerning their research, practice, or other work activities or those of persons or organizations with which they are affiliated

5.01a: Psychologists do not knowingly make public statements that are

1) their training, experience, or competence, 2) their academic degrees, 3) their credentials, 4) their institutional or association affiliations, 5) their services, 6) the scientific or clinical basis for, or results or degree of success of, their services, 7) their fees, or 8) their publications or research findings

5.01b: Psychologists do not make false, deceptive, or fraudulent statements concerning

1) were earned from a regionally accredited educational institution or 2) were the basis for psychology licensure by the state in which they practice

5.01c: Psychologists claim degrees as credentials for their health services only if those degrees

retain professional responsibility for such statements

5.02a: Psychologists who engage others to create or place public statements that promote their professional practice, products, or activities

employees of press, radio, television, or other communication media in return for publicity in a news item

5.02b: Psychologists do not compensate

be identified or clearly labeled as such

5.02c: A paid advertisement relating to psychologists' activities must

accurately describe the audience for which the program is intended, the educational objectives, the presenters, and the fees involved

5.03: To the degree to which they exercise control, psychologists responsible for announcements, catalogs, brochures, or advertisements describing workshops, seminars, or other non-degree-granting educational programs ensure that they

1) are based on their professional knowledge, training, or experience in accord with appropriate psychological literature and practice; 2) are otherwise consistent with the Ethics Code; and 3) do not indicate that a professional relationship has been established with the recipient

5.04: When psychologists provide public advice or comment via print, internet, or other electronic transmission, they take precautions to ensure statements

current therapy clients/patients or other persons who because of their particular circumstances are vulnerable to undue influence

5.05: Psychologists do not solicit testimonials from

in-person solicitation of business from actual or potential therapy clients/patients or other persons because who because of their particular circumstances are vulnerable to undue influence

5.06: Psychologists do not engage, directly or through agents, in uninvited

1) attempting to implement appropriate collateral contacts for the purpose of benefitting an already engaged therapy client/patient or 2) providing disaster or community outreach services

5.06: The prohibition on in-person solicitation does not preclude

1) facilitate provision of services later by them or by other professionals, 2) allow for replication of research design and analyses, 3) meet institutional requirements, 4) ensure accuracy of billing and payments, and 5) ensure compliance with law

6.01: Psychologists create, and to the extent the records are under their control, maintain, disseminate, store, retain, and dispose of records and data relating to their professional and scientific work in order to

use coding or other techniques to avoid the inclusion of personal identifiers

6.02b: If confidential information concerning recipients of psychological services is entered into databases or systems of records available to persons whose access has not been consented to by the recipients, psychologists should

facilitate the appropriate transfer and to protect the confidentiality of records and data in the event of a psychologists' withdrawal from positions or practice

6.02c: Psychologists make plans in advance to

a client's/patient's emergency treatment solely because payment has not been received

6.03: Psychologists may not withhold records under their control that are requested and needed for

compensation and billing arrangements

6.04a: As early as is feasible in a professional or scientific relationship, psychologists and recipients of psychological services reach an agreement specifying

misrepresent

6.04c: Psychologists do not __ their fees

this is discussed with the recipient of services as early as is feasible

6.04d: If limitations to services can be anticipated because of limitations in financing

first inform the person that such measures will be taken and provide that person and opportunity to make prompt payment

6.04e: If the recipient of services does not pay for services as agreed, and if psychologists intend to use collection agencies or legal measures to collect the fees, psychologists

the acceptance of goods, services, or other nonmonetary remuneration from clients/patients in return for psychological services

6.05: Barter is

1) it is not clinically contraindicated and 2) the resulting arrangement is not exploitative

6.05: Psychologists may barter only if

take resasonable steps to ensure the accurate reporting of the nature of the service provided or research conducted, the fees, charges, or payments, and where applicable, the identity of the provider, the findings, and the diagnosis

6.06: In their reports to payors for services or sources of research funding, psychologists should

based on the services provide (clinical, consultative, administrative, or other) and is not based on the referral itself

6.07: When psychologists pay, receive payment from, or divide fees with another professional, other than in an employer-employee relationship, the payment to each is

APA's Record Keeping Guidelines (2007) suggest keeping adult records for _________ after last date of service delivery.

7 years

prove the appropriate knowledge and proper experiences, and to meet the requirements for licensure, certification, or other goals for which claims are made by the program

7.01: Psychologists responsible for education and training programs take reasonable steps to ensure that the programs are designed to

a current and accurate description of the program content (including participation in required course- or program-related counseling, psychotherapy, experiential groups, consulting projects, or community service), training goals and objectives, stipends and benefits, and requirements that must be met for satisfactory completion of the program. This information must be readily available to all interested parties.

7.02: Psychologists responsible for education and training programs take reasonable steps to ensure that there is

are accurate regarding the subject matter to be covered, bases for evaluating progress, and the nature of course experiences

7.03a: Psychologists take reasonable steps to ensure that course syllabi

present psychological information accurately

7.03b: When engaged in teaching or training, psychologists

personal information in course- or program-related activities, either orally or in writing, regarding sexual history, history of abuse and neglect, psychological treatment, and relationships with parents, peers, and spouses or significant others except if 1) the program or training facility has clearly identified this requirement in its admissions and program materials or 2) the information is necessary to evaluate or obtain assistance for students whose personal problems could reasonably be judged to be preventing them from performing their training- or professionally-related activities in a competent manner or posing a threat to the students or others

7.04: Psychologists do not require students or supervisees to disclose

a timely and specific process for providing feedback to students and supervisees

7.06a: In academic and supervisory relationships, psychologists establish

at the beginning of supervision

7.06a: Information regarding the process of evaluation is provided to supervisees

on the basis of their actual performance on relevant and established program requirements

7.06b: Psychologists evaluate students and supervisees

with students or supervisees who are in their department, agency, or training center or over whom psychologists have or are likely to have evaluating authority

7.07: Psychologists do not engage in sexual relationships

the approved research protocol

8.01: Psychologists conduct the research in accordance with

accurate information about their research proposals and obtain approval prior to conducting the research

8.01: When institutional approval is required, psychologists provide

1) the purpose of the research, expected duration, and procedures; 2) their right to decline to participate and to withdraw from the research once participation has begun; 3) the foreseeable consequences of declining or withdrawing; 4) reasonably foreseeable factors that may be expected to influence their willingness to participate such as potential risks, discomfort, or adverse effects; 5) any prospective research benefits; 6) limits of confidentiality; 7) incentives for participation; and 8) whom to contact for questions about the research and research participants' rights.

8.02a: When obtaining informed consent, psychologists inform participants about

1) the experimental nature of the treatment; 2) the services that will or will not be available to the control group(s) if appropriate; 3) the means by which assignment to treatment and control groups will be made; 4) available treatment alternatives if an individual does not wish to particiapte in the research or wishes to withdraw once a study has begun; and 5) compensation for or monetary costs of participating including, if appropriate, whether reimbursement from the participant or a third-party payor will be sought

8.02b: Psychologists conducting intervention research involving the use of experimental treatments clarify to participants at the outset of research

1) the research consists solely of naturalistic observations in public places, and it is not anticipated that the recording will be used in a manner that could cause personal identification or harm, or 2) the research design includes deception, and consent for the use of the recording is obtained during debriefing

8.03: Psychologists obtain informed consent from research participants prior to recording their voices or images for data collection unless

protect the prospective participants from adverse consequences of declining or withdrawing from participation

8.04a: When psychologists conduct research with clients/patients, students, or subordinates as participants, psychologists take steps to

given the choice of equitable alternative activities

8.04b: When research participation is a course requirement or an opportunity for extra credit, the prospective participant is

1) where research would not reasonably be assumed to create distress or harm and involves a) the study of normal educational practices, curricula, or classroom management methods conducted in educational settings; b) only anonymous questionnaires, naturalistic observations, or archival research for which disclosure of responses would not place participants at risk of criminal or civil liability or damage their financial standing, employability, or reputation, and confidentiality is protected; or c) the study of factors related to job or organization effectiveness conducted in organizational settings for which there is no risk to participants' employability, and confidentiality is protected or 2) where otherwise permitted by law or federal or institutional regulations.

8.05: Psychologists may dispense with informed consent only

excessive or inappropriate financial or other inducements for research participation when such inducements are likely to coerce participation

8.06a: Psychologists make reasonable efforts to avoid offering

clarify the nature of the services, as well as the risks, obligations, and limitations

8.06b: When offering professional services as inducement for research participation, psychologists

they have determined that the use of deceptive techniques is justified by the study's significant prospective scientific, educational, or applied value and that effective nondeceptive alternative procedures are not feasible

8.07a: Psychologists do not conduct a study involving deception unless

that is reasonably expected to cause physical pain or severe emotional distress

8.07b: Psychologists do not deceive prospective participants about research

as early as is feasible, preferably at the conclusion of their participation, but no later than at the conclusion of the data collection, and permit participants to withdraw their data

8.07c: Psychologists explain any deception that is an integral feature of the design and conduct of an experiment to participants

appropriate information about the nature, results, and conclusions of the research, and they take reasonable steps to correct any misconceptions that participants may have of which the psychologists are aware

8.08: Psychologists provide a prompt opportunity for participants to obtain

take reasonable measures to reduce the risk of harm

8.08b: If scientific or humane values justify delaying or withholding information about the research, psychologists should

Take reasonable steps to minimize the harm

8.08c: When psychologists become aware that research procedures have harmed a participant, they should

in compliance with current federal, state, and local laws and regulations, and with professional standards

8.09a: Psychologists acquire, care for, use, and dispose of animals

supervise all procedures involving animals and are responsible for ensuring appropriate consideration of their comfort, health, and humane treatment

8.09b: Psychologists trained in research methods and experienced in the care of laboratory animals

have received instruction in research methods and in the care, maintenance, and handling of the species being used, to the extent appropriate to their role

8.09c: Psychologists ensure that all individuals under their supervision who are using animals

discomfort, infection, illness, and pain

8.09d: Psychologists make reasonable efforts to minimize the __ of animal subjects

only when an alternative procedure is unavailable and the goal is justified by its prospective scientific, educational, or applied value

8.09e: Psychologists use a procedure subjecting animals to pain, stress, or privation

under appropriate anesthesia and follow techniques to avoid infection and minimize pain during and after surgery

8.09f: Psychologists perform surgical procedures

proceed rapidly, with an effort to minimize pain and in accordance with accepted procedures

8.09g: When it is appropriate that an animal's life be terminated, psychologists

take reasonable steps to correct such errors in a correction, retraction, erratum, or other appropriate publication means

8.10b: If psychologists discover significant errors in their published data, they should

portions of another's work or data as their own, even if the other work or data source is cited occasionally

8.11: Psychologists do not present

only for work they have actually performed or to which they have substantially contributed

8.12a: Psychologists take responsibility and credit, including authorship credit

does not justify authorship credit

8.12b: Mere possession of an institutional position, such as department chair,

acknowledged appropriately, such as in footnotes of in an introductory statement

8.12b: Minor contributions to the research or to the writing for publications are

the relative scientific or professional contributions of the individuals involved, regardless of their relative status

8.12b: Principal authorship and other publication credits accurately reflect

principle author on any multiple-authored article that is substantially based on the student's doctoral dissertation

8.12c: Except under exceptional circumstances, a student is listed as

as early as feasible and throughout the research and publication process as appropriate

8.12c: Faculty advisors discuss publication credit with students

data that have previously been published

8.13: Psychologists do not publish, as original data,

republishing data when they are accompanied by proper acknowledgement

8.13: The prohibition on claiming previously published data as original data does not preclude

withhold the data on which their conclusions are based from other competent professionals who seek to verify the substantive claims through reanalysis and who intend to use such data only for that purpose, provided that the confidentiality of the participants can be protected and unless legal rights concerning proprietary data preclude their release

8.14a: After research results are published, psychologists do not

requiring that such individuals or groups be responsible for costs associated with the provision of such information

8.14a: The prohibition on withholding data from those seeking to reanalyze it does not preclude psychologists from

prior written agreement for all other uses of the data

8.14b: Psychologists who request data from other psychologists obtain

use shared data only for the declared purpose

8.14b: Psychologists who request data from other psychologists to verify the substantive claims through reanalysis may

respect the confidentiality of and the proprietary rights in such information of who submitted it.

8.15: Psychologists who review material submitted for presentation, publication, grant, or a research proposal review

Information and techniques sufficient to substantiate their findings

9.01a: Psychologists base the opinions contained in their recommendations, reports, and diagnostic or evaluative statements, including forensic testimony, on

have conducted an examination of the individuals adequate to support their statements of conclusions

9.01b: Except as noted elsewhere, psychologists provide opinions of the psychological characteristics of individuals only after they

document the efforts they made and the result of those efforts, clarify the probable impact of their limited information on the reliability and validity of their opinions, and appropriately limit the nature and extent of their conclusions or recommendations

9.01b: When, despite reasonable efforts, such an adequate examination is not practical, psychologists

explain this and the sources of information on which they based their conclusions and recommendations

9.01c: When psychologists conduct a record review or provide consultation or supervision and an individual examination is not warranted or necessary for the opinion, psychologists

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

9.02a: Psychologists administer, adapt, score, interpret, or use assessment techniques, interviews, tests, or instruments

Validity and reliability have been established for use with members of the population tested

9.02b: Psychologists use assessment instruments whose

describe the strengths and limitations of test results and interpretation

9.02b: When instrument validity or reliability has not been established, psychologists

appropriate to an individual's language preference and competence, unless the use of an alternative language is relevant to the assessment issues

9.02c: Psychologists use assessment methods that are

the nature and purpose of the assessment, fees, involvement of third parties, and limits of confidentiality and sufficient opportunity for the client/patient to ask questions and receive answers

9.03: Informed consent includes an explanation of

1) testing is mandated by law or governmental regulations; 2) informed consent is implied because testing is conducted as a routine educational, institutional, or organizational activity (e.g., when participants voluntarily agree to assessment when applying for a job); or 3) one purpose of the testing is to evaluate decisions capacity

9.03a: Psychologists obtain informed consent for assessments, evaluations, or diagnostic services, except when

About the nature and purpose of the proposed assessment services, using language that is reasonably understandable to the person being assessed

9.03b: Psychologists inform persons with questionable capacity to consent or for whom testing is mandated by law or governmental regulations

obtain informed consent from the client/patient to use that interpreter, ensure that confidentiality of test results and test security are maintained, and include in their recommendations, reports, and diagnostic or evaluative statements, including forensic testimony, discussions of any limitations on the data obtained

9.03c: Psychologists using the services of an interpreter

protect a client/patient or others from substantial harm or misuse or misrepresentation of the data or the test, recognizing that in many instances release of confidential information under these circumstances is regulated by law

9.04a: Psychologists may refrain from releasing test data to

to the client/patient or other persons identified in the release

9.04a: Pursuant to a client/patient release, psychologists provide test data

raw and scaled scores, client/patient responses to test questions or stimuli, psychologists' notes and recordings concerning client/patient statements and behavior during an examination, and the portions of test materials that include client/patient responses

9.04a: The term test data refers to

only as required by law or court order

9.04b: In the absence of a client/patient release, psychologists provide test data

appropriate psychometric procedures and current scientific or professional knowledge for test design, standardization, validation, reduction or elimination of bias, and recommendations for use

9.05: Psychologists who develop tests and other assessment techniques use

the purpose of the assessment as well as the various test factors, test-taking abilities, and other characteristics of the person being assessed, such as situational, personal, linguistic, and cultural differences, that might affect psychologists' judgments or reduce the accuracy of their interpretations

9.06: When interpreting assessment results, including automated interpretations, psychologists take into account

any significant limitations of their interpretations

9.06: When interpreting assessment results, psychologists indicate

by unqualified persons, except when such use is conducted for training purposes with appropriate supervision

9.07: Psychologists do not promote the use of psychological assessment techniques

data or test results that are outdated for the current purpose or obsolete and not useful for the current purpose

9.08a, b: Psychologists do not base their assessment or intervention decisions or recommendations on

the purpose, norms, validity, reliability, and applications of the procedures and any special qualifications applicable to their use

9.09a: Psychologists who offer assessment or scoring services to other professionals accurately describe

on the basis of the evidence of the validity of the program and procedures as well as on other appropriate considerations

9.09b: Psychologists select scoring and interpretation services (including automated services)

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 (such as in some organizational consulting, preemployment or security screenings, and forensic evaluations), and this fact has been clearly explained to the person being assessed in advance

9.10: Regardless if whether the scoring and interpretation are done by psychologists, by employees or assistants, or by automated or other outside services, psychologists take

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

9.11: Psychologists make reasonable efforts to maintain

manuals, instruments, protocols, and test questions or stimuli and does not include test data

9.11: The term test materials refers to

Court order

A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Must comply with this.

What must brochures for workshops always include?

A description of the intended audience

Fact Versus Expert Witness

A fact witness is a person "who testifies as to what he/she has seen, heard, or otherwise observed regarding a circumstance, event or occurrence as it actually took place.... Fact witnesses are generally not allowed to offer an opinion, address issues that they do not have personal knowledge of or respond to hypothetical situations" (APA, 1998, p. 7). An expert witness is a person "who by reason of education or specialized experience possesses superior knowledge respecting a subject about which persons having no particular training or in capable of forming an accurate opinion or deducing accurate conclusions " (Nolan & Nolan-Haley, 1990, p. 578). A person who has been qualified as an expert witness by the court is allowed to offer opinions and provide testimony based on hypothetical scenarios.

capitation

A fixed amount of money paid per person, not by the visit or procedure. Managed care companies usually express this in terms of cost per member per month. Providers are paid a specific dollar amount, for a specific time period, to cover the service needs of a specific number of people. If a provider exceeds their allotted payment, they may not be able to cover their costs and, consequently, may limit their services.

Not a defense to a charge of unethical conduct

A lack of awareness of understanding of an Ethical Standard is

privilege

A legal concept that allows details to be confidential from court in some circumstances. Most jurisdictions have laws that establish this between licensed mental health professionals and clients. A psychologist may clam (assert, invoke) this on behalf of the client in a legal proceeding.

What does "holder of the privilege" refer to?

A legal term signifying that the client in a psychotheraupetic relationship has the right to protect his privacy, though not absolute

Definition of "fact witness"

A person who testifies as to what they've seen, heard, or observe as it actually took place. No opinions or hypotheticals.

30 days

A psychologist has this long to reply to a charge letter

Assessing students unethically

A psychologist would not want to suddenly dismiss an intern or degree candidate for inadequate performance if the intern or candidate had not received information on what level of performance was expected or had not received prior warning that their performance was problematic.

Clinical audit

A quality improvement/assurance/management process that seeks to improve patient care and outcomes through systematic review of care against explicit criteria and the implementation of change.

Sliding Fee Scale

A sliding fee scale is not explicitly addressed by the Ethics Code but is generally considered acceptable as long as the scale is fair and serves the best interests of the client.

On the MMPI-2, the K scale/variable is used to assess for the presence of defensiveness in the test-taker's response set. What kind of scale/variable is the K scale?

A suppressor scale

Deception

A truly informed consent cannot be obtained during deception studies since participants are not informed about all aspects of the research. For example, misrepresenting the study's purpose or procedures, using confederates and observing participants when they do not know they are being observed.

What is a psychological service unit?

A unit that provides predominantly psychological services and is composted of one or more professional psychologists and supporting staff May operate as a functional or geographic component of a larger organization May take the form of one or more psychologists providing services in a multidisciplinary setting May be a private practice or consulting firm

If you are a defendant in a criminal trial and you are being evaluated by a forensic expert, you consider malingering to be a feasible alternative to the adversarial circumstances. Which model of malingering does this fit with?

Adaptational model. The adaptational model views malingering as a situational response based on an appraisal of alternatives.

Ethical Standard 5

Advertising and Other Public Statements

If a psychologist's offense is inappropriate but not clearly unethical, they are likely to be ________ by the Ethics Committee, whereas they will receive a ________ if the behavior is unethical.

Advised; Warning

refuse to do so (withdraw from the relationship) because the client was the couple, not one member of the couple

After providing therapy to a couple, a psychologist is asked to testify in a custody hearing on behalf of one member of the couple. The psychologist should

Sharing research data for verification

After research findings are published, they do not withhold data on which their conclusions are based from other competent professionals who seek to verify claims through reanalysis. Provided the confidentiality of participants can be protected unless legal rights preclude their release. Does not preclude psychologists from requiring such individuals or groups be responsible for costs associated with the provision of such information. Psychologist precluding data may used shared data only for declared purpose. Must request prior written agreement for all other uses of data.

Assent

Agreement from a minor or person otherwise legally incapable of giving consent

child abuse reporting laws

All jurisdictions require psychologists to report known or suspected cases of child abuse to the appropriate authorities although the exact nature of these laws varies from jurisdiction to jurisdiction.

A forensic psychologist, at any given time, may have the opportunity to assess a defendant who presents as:

All of the above

Which of the following factors is related to a juvenile defendant being determined to be incompetent to stand trial?

All of the above

A major limitation of the "battered woman syndrome" is:

All of the above are limitations of the "battered woman syndrome."

In federal court, the Federal Rules of Civil Procedure provide that experts' written reports must include:

All of the above.

The best approach to use as an expert witness during cross-examination is:

All of the above. Overall, the best approach to cross-examination is fourfold. The expert should: 1. Be truthful. 2. Answer only the questions asked. 3. Explain only if it is essential to providing a correct answer. 4. Never get frustrated or angry.

Reasons for modifiers in Ethics Code

Allow professional judgment, eliminate injustice/inequality, ensure applicability across a broad range of activities, or guard against rigidity and potential for becoming outdated

Pro Bono Services

Although the term pro bono is not used in the Ethics Code, General Principle B (Fidelity and Responsibility) states that "psychologists strive to contribute a portion of their professional time for little or no compensation or personal advantage." Because pro bono services are addressed in the Ethics Code's aspirational General Principles rather than in its mandatory Ethical Standards, this means that pro bono services are recommended by the Code but are not required.

Client Welfare

An ethical principle that calls upon psychologists to respect the integrity of their clients and to guard the relationship from exploitation. This principle encompasses ethical standards such as avoiding dual relationships with clients and discontinuing treatment when it is clearly no longer beneficial.

expert vs. fact witness:

An expert witness is a "person who has special training, knowledge, skill, or experience in an area relevant to the resolution of the legal dispute and is allowed to offer an opinion as testimony in court" (Koocher, 2005, p. 574).A fact witness is a person "who testifies as to what he/she has sen. heard,or otherwise observed regarding a circumstance, event or occurrence as it actually took place.... [In contrast to expert witnesses,] fact witnesses are generally not allowed to offer opinions, address issues that they do not have personal knowledge of or respond to hypothetical situations" (APA, 1998, p. 7).

The difference between an expert witness and a fact witness is:

An expert witness may testify as to an opinion about diagnosis whereas a fact witness can testify to direct observation(s).

In Dusky v. U.S., the Court's test delineates two prongs to the competency test. Reviewing these two prongs, which of the following (according to the test) would most likely lead to a finding of incompetent to stand trial?

An inability to currently understand the criminal process.

Cost analysis definition

Analysis conducted to determine the optimal allocation of financial resources.

Which of the following is NOT one of Megargee's (1982) four domains that influence whether an individual will engage in criminal violence?

Antagonism. Antagonism is not one of Megargee's four domains

protected health information (PHI)

Any information about health status, provision of health care, or payment for health care that can be linked to an individual and that has been transmitted or maintained in any form or medium. This is interpreted rather broadly and includes any part of a patient's medical record or payment history.

Complainants with an outcome versus pending cases

Applies to parties in a pending case and does not prohibit psychologists making a decision about hiring, promotion and tenure etc based on the outcome of a complaint.

• Career Counseling- tests used

Aptitude Tests • Assess potential for learning or performance • Special aptitude tests—assess specific abilities needed for job o High degree of specificity • Multiple aptitude batteries—number of tests that each measure diff aptitude •• Achievement Tests • Measure how well person has mastered particular domain •• Interest Tests

Which of the following is one of factors to be considered in order to establish damage in the context of conducting a personal injury evaluation?

Are the symptoms and functional impairments valid.

responding to a subpoena

As described by the APA's Committee on Legal Issues (2006) the steps for responding to a subpoena are:(1) Determine if the subpoena is a legally valid demand for the disclosure of client information.(2) If the subpoena is valid, contact the client and discuss the implications of providing the requested information. (3) If the client consents and there are no other reasons for withholding the information, provide the information as requested.Alternatively, if the client does not consent, attempt to negotiate with the requester. (4) If the requesting party continues to demand that the information be provided, seek guidance from the court informally through a letter or have an attorney file a motion to quash the subpoena or a motion for a protective order. When a request for confidential information arises for the first time during court testimony or a deposition, a psychologist may assert the privilege on the client's behalf and refuse to provide the information until ordered to do so by the court.

Fees and financial agreements

As early as feasible, in a professional and scientific relationship, psychologists and recipients of psychological services reach an agreement on compensation and billing arrangements. Fees should be consistent with the law and do not misrepresent their fees.

When taking on a new therapy client, when should a psychologist obtain informed consent?

As early as is feasible- should include nature and anticipated course of therapy, fees, 3rd party involvement, limits of confidentiality, and provide client opportunity to ask questions and receive answers

The "Guidelines for Providers of Psychological Services to Ethnic, Linguistic, and Culturally Diverse Populations" presents principles that are ________ in nature.

Aspirational

Ford v. Wainwright (1986) provided the opportunity for forensic psychologists to:

Assess whether a death row inmate is competent to be executed. This case gave forensic psychologists the opportunity to assess whether a death row inmate is competent to be executed.

In which U.S. Supreme Court case did Justice Scalia question as to whether 18 of the 38 states barring execution of the mentally retarded represented a national consensus?

Atkins v. Virginia (2002).

What course of action should you take if you discover a colleague has been violating an ethical standard that puts no clients in direct harm?

Attempt to resolve the problem informally by discussing the matter with the offender

An ___________ is needed for disclosure outside of payment, treatment, or operations.

Authorization

____________ refers to obtaining patient permission to disclose information on a release of information form.

Authorization

Confidentiality of records and measures taken

Circumstances dictate what measures must be taken to make sure confidentiality is preserved but typically include insuring all staff members understand the importance of keeping contained in files confidential, keeping records in a locked filling cabinet or room, and making sure access to records stored in an electronic database is limited.

The introduction explicitly states that the Ethics Code is not intended to be a basis for ______________.

Civil liability

Malpractice cases

Civil suits that require the plaintiff to provide their claim by a preponderance of evidence. Prove that psychologist deviated from a standard of care. Requires 4 conditions: 1. psychologist had professional relationship with person for duty of care b. demonstrable standard of care that was breached 3. person suffered harm or injury 4. breach of duty was within context of standard of care and was the proximate cause of the person;'s harm or injury

Avoidance of false or deceptive statements and degree claiming

Claim degrees as credentials for their health services only if those degrees: 1. Are from a regionally accredited educational institution; 2. Were the basis for psychology licensure by the state in which they practice.

1.03 conflicts between ethics and organizational demands

Clarify nature of conflict, make known their commitment to ethical code, resolve the conflict

Conflicts between ethics and organizational demands

Clarify the nature of the conflict, make known commitment to ethics Code, and take reasonable steps to resolve conflict consistent with the general principles and ethical standards of ethics Code. No circumstances standard be used to justify or defend violating human rights.

As a consequence of Addington v. Texas (1979), what standard of proof is required in state involuntary commitment proceedings?

Clear and convincing evidence.

________ always takes precedence over the need to educate or punish an offending psychologist, which must always be considered before filing a complaint.

Client Confidentiality

Client access to records

Client access to medical records is not covered by the ethics code, but is addressed by federal, state, and provincial laws and institutional regulations. In many jurisdictions, laws grant ownership of physical records to the practitioner or institution but give clients the right to inspect and amend information contained in them. In addition, some laws recognize that complete access to psychological records may have a detrimental impact on clients and provide exceptions to the general rule.

Client access to records

Client access to records is determined by law but, in general, the psychologist is the owner of the physical record while the client has the right to inspect the contents of the record.

Holder of the Privilege

Client or their legal guardian or representative

Client testimonials and vulnerability

Client vulnerability can result from a number of factors (e.g. insecurities, emotional problems, naivety, lack of information, or awe of the professional). A supervisor might feel obliged to their supervisors, so supervisors could not ask supervisee for a testimonial to include in any advertisement etc.

Emerging areas and protecting client welfare

Clients should be made aware it is an new or experimental technique and and special care should be made to keep client away from harm.

The landmark case where it was determined that capital punishment was a disproportionate and excessive in response to a conviction for the crime of rape was:

Coker v. Georgia

utilization review

Committee audit of health-care use and charges to identify which benefits are used and to make certain that care is necessary and costs are in line; will result in reduction of elimination of inappropriate or unnecessary use of healthcare resources

Psychologists are required to work within the boundaries of their ___________, which can be based on their education, training, supervised experience, consultation, study, or professional experience.

Competence

Guidelines for providers of psychological services to ethnic, linguistic, and culturally diverse populations include:

Competence (seek consultation, provide referrals, or be familiar with research and practice related to culture, ethnicity, and language) Self awareness (aware of their own cultural background and experiences) Culture and ethnicity (consider whether a patient's "problems" could stem from racism or bias in others. Could also include cultural/spiritual/religious leaders in treatment) Language (provide written language whenever possible. For language barriers, provide referral or offer a qualified translator without dual role)

What was the significant issue related to Ford v. Wainwright (1986)?

Competency to be executed

competency to stand trial

Competency to stand trial refers to a defendant's mental state at the time of the trial and depends on the defendant's ability to (1) understand the proceedings against him/her and (2) assist the attorney in his/her defense.

Psychologists are to act ________ and ________ when teaching, supervising, and designing education and training programs.

Competently; Responsibly

• Job Analysis

Conducted for: •• Developing and validating selection instruments •• Identifying measures of job performance •• Assisting in development of training programs o Techniques: •• Job-‐oriented—task requirements of job •• Worker-‐oriented—knowledge, skills, abilities, and personal characteristics that are required for successful job performance o Methods: •• Interviews •• Questionnaires • Position Analysis Questionnaire o Job is rated in terms of importance •• Direct observation •• Work diaries

Informed consent to research and experimental treatments

Conducting experimental treatments clarify with the participants at the onset: 1) the experimental nature of treatment; 2) the services that will and will not be available to control groups; 3)means by which assignment to groups is made; 4) alternative treatments if they do not wish to participate or wish to withdraw once the study has begun; 5) compensation for or monitory costs for participating, if applicable, whether reimbursement from the participant or a third-party.

Informed consent and Services

Conducting research or assessment, therapy, counseling or consulting services in person or via electronic transmission or other forms of communication, they obtain consent from the individual(s) using understandable language, except when conducting such activities without consent is mandated by law or governmental regulation or otherwise provided in this ethics code.

The Standards for Educational and Psychological Testing suggest reporting test scores in terms of ________.

Confidence intervals, or percentile bands

________ refers to the obligation of psychologists to protect clients from unauthorized disclosure of information revealed in the context of the professional relationship.

Confidentiality

confidentiality:

Confidentiality is derived from the broader right to privacy and refers to a psychologist's obligation to protect clients, research participants, students, and others from unauthorized disclosure of information that they reveal in the context of a professional relationship with the psychologist. Maintaining confidentiality is an ethical obligation and,in some circumstances, a legal requirement.

Confidentiality

Confidentiality refers to the obligation of psychologists to protect clients from unauthorized disclosure of information revealed in the context of the professional relationship. Confidentiality is an ethical principle and, in some situations, a legal requirement.

Which of the following is NOT one of the eight differences between psychology and law that may contribute to tensions between the disciplines?

Conservative vs. Liberal.

Preamble, psychologists make a personal commitment to act ethically, encourage others to, and _________________________.

Consult with others regarding ethical problems

Consultation/Supervision/training, most commonly sought on a one-time or occasional basis.

Consultation

Consultation/Supervision/training/referral, psychologist has little experience treating agoraphobia, but regularly treats panic disorder and anxiety.

Consultation

Consultation/Supervision/training/referral, psychologist recognizes attraction to client, and is concerned about ability to provide effective treatment.

Consultation

Consultation/Supervision/training/referral, psychologist somewhat familiar with treating a particular disorder but not an expert, or question personal objectivity in treating a client.

Consultation

The criminal justice system has been called an example of the "sanction model" of state intervention and the civil commitment process is an example of what model?

Control Model.

You're contacted by the APA Ethics Committee in regards to a complaint filed against you by a client. They ask for your records related to the client's therapy with you. What should you do?

Cooperate fully with the Committee's request. Confidentiality is not an issue since the committee must obtain a signed waiver of confidentiality from the complainant before it takes any action

1.06 Cooperating with ethics committee

Cooperate in ethics investigations, proceedings, resulting requirements of APA or affiliates. Can request deferment pending outcome of litigation though.

Cooperating with Ethics Committees

Cooperate with ethics investigations, proceedings, and resulting requirements of the APA or any affiliated state psychological association to which they belong. They address ethical violations. any failure to comply is an ethical violation, but requesting for deferment or adjudication of an ethics complaint pending the outcome of a litigation does not alone constitute noncooperation.

the psychologist will let partners/family members know at the outset of treatment that information disclosed in private sessions will be divulged as the psychologist sees fit in accordance with the greatest benefit for the couple/family

Corey, Corey, and Callahan (1988) suggest this to navigate confidentiality conflicts when the therapist sees a client both in individual and couples/family therapy

For an act to be tortious, it must meet four criteria. Which of the following is NOT one of those criteria?

Correlation. The four criteria are duty, dereliction, damage, and causality. Correlation is not one of the criteria for an act to be tortious.

Cost Analysis

Cost analysis refers to techniques that are used to assess the cost of an intervention in order to facilitate decision-making about the intervention. Methods of cost analysis include cost-benefit, cost-effectiveness, cost-utility, cost-feasibility, cost-minimization analysis, and cost-offset analysis.

psychologist retained by court, results are shared with court and there is no confidentiality rights.

Court-appointed evaluation

Type of evaluation, no requirement for consent, but nature of evaluation and limits to confidentiality must still be explained _______________.

Court-appointed evaluation; prior to beginning the evaluation

Delegation of work to others

Delegating work must take reasonable efforts to: avoid delegating to those that have multiple relationships with those served leading to exploitation or loss of objectivity AND authorize only to those responsibilities that they will be able to conduct competently or with the level of supervision provided, and see that they perform the service competently.

As a psychologist, you are asked by the attorney of a mother to evaluate the mother and her child, however the child lives with the father, who is the custodial parent. What should you do?

Determine if the father knows about and has consented to the evaluation

What is the first step a psychologist should take when they receive a subpoena?

Determine if the subpoena is a legally valid demand

Quality Assurance

Determines the adequacy of health care standards by comparing them to predetermined standards

Who are users of psychological services?

Direct users or recipients of psych services Public and private institutions, facilities, or organization receiving psych services

Who are sanctioners of psychological services?

Direct users or recipients of psych services Public and private institutions, facilities, or organization receiving psych services Any other individual, group, organization, institution, or governing body having legitimate interaction with a psychologist functioning in a professional capacity

During the third psychotherapy session with a client the psychologist realizes the client is the principal at his daughter's school. What should he do?

Discuss the situation with the client and assess whether the dual relationship could be expected to impair OBJECTIVITY, COMPETENCE, or EFFECTIVENESS or result in client EXPLOITATION or HARM

During the third psychotherapy session with a client the psychologist realizes the client is the principal at his daughter's school. What should he do?

Discuss the situation with the client and assess whether the dual relationship could be expected to impair objectivity, competence, or effectiveness or result in client exploitation or harm

Dispensing with informed consent for research

Dispense with informed consent only: 1) where research would not reasonably be assumes to create distress or harm (the study of normal educational practices, curricula or classroom management methods conducted in educational settings; anonymous questionnaires, naturalistic observations, or archival research which would not place participants at risk of criminal or civil liability or damage their financial employability, reputation and confidentiality is protected; factors related to job or organization effectiveness conducted in an organizational settings for which there is no risk to participant's employability; and confidentiality is protected). 2) Otherwise permitted by law or federal or institutional regulations.

Publication credit and dissertation supervisors

Dissertation supervisors and others are ordinarily credited through second authorship or acknowledged in the footnotes or introductory statements. University of Victoria (2011) said if the student does not produce the first draft of the manuscript within e.g., 12 months of defending thesis or dissertation, unless another arrangement has been made in advance, the supervisor can take over the lead and be listed as principal author. The student, however, remains an author on the article.

10.07 Therapy with Former Sexual Partners

Do not accept as therapy clients/ patients people with whom you have engaged in sexual intimacies

Unfair Discrimination Against Complainant and Respondents

Do not deny persons employment, advancement, admissions to academic or other programs, tenure, or promotion, based on them solely being subject of an ethics complaint. This does not preclude taking action based upon the outcome of such proceedings or considering other appropriate information.

Use of confidential information for didactic or other purposes

Do not disclose confidential information recipients of services that are obtained during the course of work, unless: 1. reasonable steps are taken to disguise the person or organization, 2. the person has consented in writing, or 3. legal authorization for doing so.

10.05 sexual intimacies with current therapy patients

Do not engage in sexual intimacies with current therapy clients/patients

10.06 Sexual Intimacies with Relatives or Significant Others of Current Therapy Clients/Patients

Do not engage in sexual intimacies with individuals known to be relatives, guardians, or SOs of current pts. Don't terminate therapy to avoid this.

In-person solicitation

Do not engage in solicitation with those that are likely to be vulnerable to undue influence. However this does not preclude: 1) attempting to implement collateral contacts to benefit an already engaged client; 2) providing disaster or community outreach services.

Exploitative relationships

Do not exploit persons over whom they have a supervisory, evaluative or other authority such as clients/patients, students, supervisees, research participants, and employees.

Reporting research results

Do not fabricate data and if significant errors are discovered in the data they must take reasonable efforts to correct, retract, etc.

Improper Complaints

Do not file or encourage filing of ethics complaints that are made with reckless disregard for or willful ignorance of facts that would disapprove the allegation

Avoidance of false or deceptive statements

Do not make false, deceptive, or fraudulent statements concerning (teaching, experience, competence; academic degrees; credentials; affiliations; services; services; scientific or clinical basis for fees or success of services; fees; public).

Plagiarism

Do not present portions of another's work as their own, even if the other work or data source is cited occasionally.

9.07 Assessment by Unqualified Persons

Do not promote the use of psychological assessment techniques by unqualified people, except when such use is conducted for training purposes with appropriate supervision

Student disclosure of personal information

Do not require students or supervisees to disclose course activities, orally or written, regarding sexual history, history of abuse and neglect, psychological treatment, and relationships with parents, peers and spouses or significant others.

Testimonials

Do not solicit testimonials from current therapy clients/patients or other persons that maybe vulnerable to undue influence.

10.08 Sexual Intimacies with Former Therapy Clients/Patients

Don't engaged in sexual intimacies for at least 2 years after termination of therapy. Don't do it at all except in very unusual circumstances that can be shown not to have coersion and considering patient's mental health, adverse impact etc

Multiple relationships unforeseen and required by law

Due to unforeseen circumstances a potentially harmful relationship exists, the psychologist must take reasonable steps to resolve it with due regard for the best interest of the affected person and maximal compliance with the ethics code. When required by law or extraordinary circumstances to serve in more than one role in judicial or administrative proceedings, at the outset they clarify role expectations and the extent of confidentiality and thereafter as changes occur.

The landmark legal case linked to the right-wrong/irresistible impulse test is

Durham v. United States

confidentiality of Employee Assistance Programs

Employees are often under the false impression that EAP therapy relationships are fully confidential. A supervisor who may have even casually suggested an employee contact an EAP program is entitled to know what visits were made. The supervisor, however, is not entitled to know the content of such visits.

Ethical Standard

Enforceable rules for conduct as a psychologist. May change depending on context.

When conducting an evaluation of competency to waive appeals, in death penalty cases, what should be assessed?

Environmental coercion. environmental coercion should be assessed when conducting an evaluation of competency to waive appeals in death penalty cases.

Brown v. Board of Education

Equal educational opportunities (1954)

Chance encounters and multiple relationships

Establish a you first policy allows client decide if they will acknowledge therapist outside therapy.

Principle B includes

Establish relationships of trust with whom we work. Uphold professional standards of conduct. Consult, refer to, and cooperate with other professionals. Concerned with ethical conduct of colleagues. Want to give time to charitable causes.

Unethical billing to third parties

Ethically and legally psychologists must not bill for services they have not actually rendered. For example: sign insurance forms as the provider of services that were actually provided by supervisees, bill insurance company for missed appointments (unless arrangement has been agreed upon with the company), bill for individual sessions when it was group, couple or family therapy, change date of beginning or onset of a disorder to circumnavigate insurance restrictions, assign an inaccurate DSM diagnosis to a client to qualify them for insurance payment, OR bill an insurance company in a way that waives client's copayment without the company being aware of this arrangement.

Ethics Code and Law

Ethics Code higher standard of conduct then the law, psychologists must meet that ethical standard (eg, misrepresenting research, accepting client whom had sexual relationship on the past

ethics for use and interpretation of assessment instruments

Ethics guidelines state that psychologists retain ultimate responsibility for the use and interpretation of assessment instruments, regardless of whether they score and interpret the tests themselves or whether they use interpretation services

You are asked by an attorney to evaluate a divorced woman's competence as a parent during a custody dispute. As an ethical psychologist, you should:

Evaluate the client, the children, and the husband before filing a report

The first formal competency assessment instrument created specifically to serve as a partial screener for feigned incompetency is:

Evaluation of Competency to Stand Trial - Revised. The Evaluation of Competency to Stand Trial - Revised (ECST-R) represents the first formal competency assessment instrument created to serve in part as a screener for feigned incompetency.

Psychological services include:

Evaluation, diagnosis and assessment of individuals, groups and organizations Interventions, preventative and ameliorative Consultation for above Program development for above Administration and supervision of psych services Evaluation of psych services

The client is perpetrator or victim of child abuse

Exact provisions of reporting laws vary, all jurisdictions: a) require psychologists to make a report to the appropriate authority when they know or suspect abuse, b) grant reporters immunity from civil or criminal liability.

The ________ evaluates the knowledge that should have been acquired by any candidate seeking licensure to practice psychology.

Examination for Professional Practice in Psychology (EPPP)

An expert witness for the court and an advocate for the defendant

Example of an unethical forensic multiple relationship

Timeliness

Example of exceptional circumstance under which graduate students may not receive first authorship on thesis/dissertation research

Duty to Warn/Duty to Protect

Exceptions to HIPPA determined in the 1974 case of Tarasoff v. Regents of the University of California that allows a therapist to not only warn someone of their patients intentions to harm them, but to also protect them by calling the authorities or taking whatever other steps necessary. Requires imminent threat to an identifiable victim.

During the middle ages, the primary interventions for mental disorder, then considered possession, were:

Exorcism and torture were utilized

A person who by reason of education or specialized experience possesses superior knowledge regarding a subject about which persons having no particular training are incapable of forming an accurate opinion or deducing correct conclusions is referred to as an ________

Expert Witness

A person who by reason of education or specialized experience possesses superior knowledge regarding a subject about which persons having no particular training are incapable of forming an accurate opinion or deducing correct conclusions is referred to as an ________.

Expert Witness

________ are allowed to offer professional opinions and provide testimony based on hypothetical scenarios, while ________ cannot.

Expert Witnesses; Fact Witnesses

Breaches of confidentiality and involvement of client

Experts generally agree in at least some situations it is preferable to involve client in the reporting process. E.g. contacting the third party or appropriate authority in the presence of the client.

If a psychologist's offense is so injurious and severe that s/he is deemed unrehabilitable, the Ethics Committee is likely to recommend ________.

Expulsion

TRUE or FALSE: In some situations, it is ethical for a psychologist to withhold reporting a case of known child abuse.

FALSE: All jurisdictions require psychologists to report known cases of child abuse to the appropriate authorities

TRUE or FALSE: Computerized interpretive reports are legitimate and valuable, and they tend to be good substitutes for a clinician's own impressions.

FALSE: Computerized interpretive reports are to be accompanied by the psychologists personal evaluation

TRUE or FALSE: Psychologists can base assessment/intervention decisions or recommendations on tests, measures, data, or test results that are outdated or obsolete.

FALSE: Only tests that are useful to the current purpose can be used ethically

TRUE or FALSE: When a grievance is file, state boards can provide you feedback on performance on specific questions of the EPPP.

FALSE: They can provide one's score, the passing score, the mean, standard deviation, and other descriptive information

TRUE or FALSE: It is unethical to utilize an interpreter without first having them sign a confidentiality agreement.

FALSE: While it is a good idea to discuss the importance of maintaining confidentiality, there is no ethical standard requiring an interpreter to sign such an agreement

True or False: In some situations, it is ethical for a psychologist to withhold reporting a case of known child abuse?

False. All jurisdictions require psychologists to report known cases of child abuse to the appropriate authorities

True or False: Psychologists can base assessment/intervention decisions or recommendations on tests, measures, data, or test results that are outdated or obsolete?

False. Only tests that are useful to the current purpose can be used ethically

The Michigan-based Guilty But Mentally Ill (GBMI) verdict was able to reduce the number of insanity pleas and acquittals, which was its desired intent.

False. Steadman et al. (1993) concluded that GBMI did not produce the desired effect; rates of insanity pleas and acquittals remained comparable after the passage of GBMI legislation.

The U.S. Supreme Court case that rendered a decision that countered a century of judicial deference to medical opinion by declaring that commitment involved a "massive curtailment of liberty" was Jackson v. Indiana.

False. The case was actually Humphrey v. Cady (1982).

When a grievance is file, state boards can provide you feedback on performance on specific questions of the EPPP?

False. They can provide one's score, the passing score, the mean, standard deviation, and other descriptive information

Ford v. Wainwright (1986) established a singular standard for the assessment of competency to be executed.

False. This is a false statement as Ford v. Wainwright did not establish or reflect a singular standard for the assessment of competency to be executed.

Stanford v. Kentucky established the minimum age of death penalty eligibility as age 18.

False. This is a false statement as Stanford v. Kentucky established the minimum age of death penalty eligibility as age 16.

A tort is an illegal act that is civil in nature.

False. This is a false statement, as a tort is a civil wrong; however, it is not always an illegal act.

In personal injury cases, a psychologist may be retained as an expert solely by the plaintiff.

False. This is a false statement, as both the plaintiff or the defendant may retain a psychologist as an expert

An expert witness does not need to discuss their techniques or methods during the qualification process.

False. This is a false statement. If an expert witness does not do this, the court may refuse to allow that expert to testify.

The first step in the risk assessment process is to conduct an interview or review relevant records.

False. This is actually the third step and not the first. Like any other evaluation, one must first clarify the referral question (what sort of risk are you going to be evaluating?).

Serving as both a forensic evaluator and in the role of psychotherapist for an individual would not be a conflict of interest.

False. This is indeed a situation involving a conflict of interest

True or False: It is unethical to utilize an interpreter without first having them sign a confidentiality agreement?

False. While a good idea to discuss the importance of maintaining confidentiality, there is no ethical standard requiring an interpreter to sign such an agreement

According to Thompson v. Oklahoma (1988), it would not constitute cruel and unusual punishment to impose the death penalty on a 15-year-old offender.

False. You will recall that the Court determined that it was cruel and unusual punishment to impose the death penalty on a 15-year-old offender. The court noted that "less culpability should attach to a crime committed by a juvenile than to a comparable crime committed by an adult...inexperience, less education, and less intelligence (make) a juvenile less able to evaluate the consequences of his or her conduct while at the same time he or she (is) much more apt to be motivated by emotion or peer pressure than an adult." Furthermore, the Court also held "the imposition of the death penalty for offenses committed by persons under 16 years of age had not made, nor could be expected to make, any measurable contribution to the goals that capital punishment was intended to achieve."

The Rogers Criminal Responsibility Assessment Scales (R-CRAS) was designed to quantify the elements of the Durham product test.

False. the R-CRAS was designed to qualify the elements of the so-called ALI criteria for criminal nonresponsibility; however, Rogers himself notes that it may be applicable to the M'Naghten standard as well

FERPA stands for:

Family education rights and privacy act

The Supreme Court case where it was noted that a waiver of counsel must be intelligent and willing, but that a defendant's ability to represent themselves has no bearing on their competence to choose self-representation (pro se) was:

Faretta v. California (1975).

Forensic psychology does not differ significantly from other areas of psychology.

Feedback

Regarding informed consent in death penalty cases, which rights are potentially impacted?

Fifth and Sixth Amendment rights.

The Specialty Guidelines for ________ does not define minimum qualifications in terms of education, as other Specialty Guidelines do, but rather focuses on professional practice issues in the context of forensic work.

Forensic Psychologists

Confidentiality and privilege

Frequent concern for psychologists. Often occurs when the ethical obligation to maintain client's confidentiality is pitted against legal requirement to breach confidentiality. Psychologists may disclose confidential information without client's permission to do so when mandated by law or permitted by law for valid purposes. Legal exceptions to privilege and other legal mandates doe the release of confidential information ordinarily take precedence over ethical obligations.

In this case, the Court held that the admissibility of scientific evidence should be conditioned on its being "sufficiently established to have gained acceptance in the particular field to which it belongs." This case was:

Frye v. U.S.

As an Army psychologist, a General asks you questions about a Colonel you have evaluated. What is the ethical way to respond?

Get a signed release from the client before providing any information- the Colonel is likely aware that refusing to provide such information may lead to negative consequences

Gottlieb's three factors and multiple relationships

Gottlieb's three factors: 1. Power differential 2. Duration of the prior relationship, 3. Clarity of termination (need services in the future, chance either relationship will continue)

inspect and obtain a copy of PHI contained in a designated record set

HIPAA's Privacy Rule allows clients to

release their psychotherapy notes; may be required to do so by state law

HIPAA's Privacy Rule does not require psychologists to

____________ has no jurisdiction over educational records, these are governed by ______________, also known as the ___________________.

HIPAA; FERPA, the Buckley Amendment

What should a psychologist do if a man being seen in marital therapy requests individual treatment?

He should be referred to another therapist due to potential for conflict between the psychologist's roles

HIPAA

Health Insurance Portability and Accountability Act of 1996 Designed to ensure that Americans don't lose their coverage when they change jobs or move. Expanded to include Privacy Rule

Who is credited with being the most ardent proponent of what psychology had to offer the legal system?

Hugo Musterberg

a) discuss the need for confidentiality in both prescreening interviews and initial therapy sessions and periodically remind group members of the importance of confidentiality in later sessions, b) encourage members to confront each other in therapy about possible confidentiality violations, and c) remind group members to continue to maintain confidentiality when group ends

Hummel, Talbutt, and Alexander (1985) recommend that group therapists do this to navigate confidentiality

Which assessment technique is highly susceptible to malingering in the diagnosis of Dissociative Identity Disorder?

Hypnosis.

Third-Party Requests and defining who is the client

If no simple answer, clarify the relevant issues with all involved parties, often including the limits of confidentiality.

Conflicts between ethics and law, regulations and other governing legal authority

If psychologist are in conflict with outside institution they clarify nature of conflict, make known commitment to ethics Code, and take reasonable steps to resolve the conflict with general principles and ethic standard of the ethic code. Not use standard to justify or defend violating human rights.

independent adjudication or formal hearing

If the Ethics Committee finds a psychologist to be guilty of an ethical violation, the psychologist can request this

have the option to make or not make a report

In most jurisdictions, if psychologists learn about a case of child abuse outside their professional capacity, they

Documentation of professional and scientific work and maintenance of records and reasoning

In order to: facilitate provision of services later by them or other professionals, allow for replication of research design and analyses, meet institutional requirements, ensure accuracy of billing and payments, and ensure compliance with the law.

M'Naghten Rule

In re M'Naghten (1843), the insanity defense was used successfully. M'Naghten, who had schizophrenia, believed there was a plot against him. He shot and fatally wounded the secretary of England's Prime Minister, under the belief that he was actually shooting the Prime Minister. When M'Naghten reached trial, his attorneys pleaded that he should be acquitted because he was obviously insane and did not understand what he was doing. This ruling still provides the basis for the insanity defense in most states in the U.S.

The primary question in Kent v. U.S. (1966) was:

In the District of Columbia, must a Juvenile Court judge hold a hearing before entering an order waiving juvenile court jurisdiction? Kent v. U.S. found that a Juvenile Court judge had to hold a hearing before entering an order waiving juvenile court jurisdiction.

confidentiality of client if they report another therapist made sexual advances

In the case of sexual exploitation by therapists, confidentiality always takes precedence over reporting offenses. Psychologists may never report sexual exploitation by therapists without the consent of the client. It is almost always ill-advised to "insist" or "urge" clients to take action, especially when they are clearly uncomfortable doing so

Accuracy in reports to payers and funding sources

In their reports to payers for services or sources of research funding, psychologists take reasonable steps to ensure the accurate reporting of the nature of the service provided or research conducted, the fees, charges or payments, and where applicable, the identity of the provider, the findings, and the diagnosis.

3.01 Unfair Discrimination

In their work-related activities, psychologists do not engage in unfair discrimination based on age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, socioeconomic status, or any basis proscribed by law.

the individual's response to the behavior

In uncertain situations, this may help to establish whether the behavior is "unreasonable" and therefore harassment

The primary finding of the Court in Jackson v. Indiana was:

Incompetent defendants can be hospitalized only for a "reasonable" period of time necessary to determine if competency can be attained in the future.

• Psychometric Issues in Personnel Selection

Incremental ValidityUsefulness of selection test in terms of decision-‐making accuracy •• Incremental validity=Positive hit rate-‐ Base Rate •• Maximized when its validity coefficient is large, when base rate is mod, and selection ratio is low o Utility Analysis •• Assess cost-‐effectiveness of selection procedure •• Utility is defined as dollar gain in job performance when using selection procedure of interest as opposed to using prior or alternative procedure o Combining Predictors •• Multiple predictors are often preferred because they provide more info about applicants than one predictor •• Predictors should have low correlation w other predictors and high correlation w criterion •• Multiple Regression—estimate applicant's score on criterion on basis of scores on 2/+ predictors • Compensatory techniques—applicant who gets low score on one predictor can make up for it by high score on another predictor •• Multiple Cutoff—applicant must score above minimum cutoff on each predictor in order to be hired • Noncompensatory • Useful when minimum level of competence in multiple domains is necessary •• Multiple Hurdle—noncompensatory • Applicants must meet minimum level one on predictor to move on to next predictor • Saves time and money

A defendant is being evaluated to assess for mental status at the time of the offense. When queried regarding his self-reported history of mental health issues, he endorses various symptoms consistent with several mood and anxiety disorders, above and beyond what is typically reported. This is an example of which detection strategy?

Indiscriminant symptoms.

Protected Health Information (PHI)

Individually identifiable health information that is transmitted or maintained by electronic media, including physical mental health or payments for health care

Forensic Psychology limits of confidentiality

Inform person being evaluated limits of confidentiality prior to conducting evaluation and inform the nature and purpose of treatment.

What must a psychologist do before using a collection agency to collect unpaid fees?

Inform the client that such measures will be taken and provide that person an opportunity to make prompt payment

Describe the nature of informed consent when research involves recording voices/images and deception.

Informed consent is provided during debriefing

When is informed consent provided in research that involves recording voices and/or images and deception?

Informed consent is provided during debriefing

What are the 4 stages of the ethical complaint process?

Inquiry, Investigation, Adjudication, Appeal

Insanity

Insanity is a legal concept and most definitions reflect the rule set forth by the American Law Institute, which states that a person is not guilty by reason of insanity when, because of a mental disease or defect, "that person lacks substantial capacity to appreciate the wrongfulness of the act or lacks substantial capacity to behave according to the requirements of the law" (Gutheil, 1995, p. 2764).

A legal concept referring to a person's incapacity to determine right from wrong or to behave according to the requirements of the law.

Insanity, which is not a psychological concept, but used in a purely legal sense

A legal concept referring to a persons incapacity to determine right from wrong or to behave according to the requirements of the law.

Insanity, which is not a psychological concept, but used in a purely legal sense

Definition of "competence to stand trial"

Laws related to this vary, but derived from Dusky v. United States (1960), which defined it as "as a result of mental defect or illness, a defendant lacks present ability to consult with lawyer with reasonable understanding and understanding of proceedings against him"

Child abuse and outside professional capacity

Learn about child abuse outside of professional capacity, option to make or not make a report.

_____________ refers to psychological theory, research, and practice directly pertinent to the law and legal issues.

Legal Psychology

Privilege

Legal concept that protects a client's confidentiality in the context of legal proceedings. Psychotherapist-patient privilege was recognized at the federal level in Jeffee v's Redmons and most jurisdictions now have laws that establish privilege for communications between LMH professionals and their clients.

Definition of "insanity"

Legal concept that serves as basis for criminal defense in many jurisdiction. Exact definition varies, but mostly reflects the rule set forth by American Law Institute stating that a person is not guilty by reason of insanity if, because of a mental disease, they lack substantial capacity to appreciate the wrongfulness of act or behavior consistent with law

Definition of "guardianship"

Legal right given to a person to be responsible for necessities (food, health care) of another preson deemed incapable of providing these for his/herself.

Holder of the Privilege

Legal term: Privileged communications are related to admissions in court, as opposed to confidentiality, which deals with all communications.

_____________ was the first American psychologist to use "mental tests" as screening devices in the selection of law enforcement personnel.

Lewis Terman

In regard to police psychology, who was the first American psychologist to use "mental tests" as screening devices in the selection of law enforcement personnel?

Lewis Terman was the first American psychologist to use "mental tests" as screening devices in the selection of law enforcement personnel.

This term refers to negligent failure, resulting in harm to the client, to meet the duty to a client that arises out of a professional relationship.

Malpractice

Ethical Standards

Mandatory, enforceable provisions for professional behavior

An ongoing process requiring additonal discussions

Many experts view consent as this

The U.S. Supreme Court has upheld the constitutionality of a state statute that totally excluded evidence of voluntary intoxication to negate mens rea, even in cases in which the evidence is clearly relevant and probative. The case that best illustrates this is:

Montana v. Egelhoff (1996). Montana v. Egelhoff totally excluded evidence of voluntary intoxication to negate mens rea, even in cases in which the evidence is clearly relevant and probative.

Sexual misconduct by psychotherapists

More likely with male therapists and younger female patients, seems to be declining

Inadequate performance evaluation and monitoring of activities

Most frequently cited supervisory ethical violation by interns (Ladany et al., 1999)

confidentiality after death of a client

Most professional groups, including the APA, consider that confidentiality continues even after the person is deceased.

HIPAA - Right of Amendment, All requests for amendment, as well as whether the requests were granted or denied, ________________________________.

Must be documented

Acquiring new knowledge

Must do so (2.01 emergencies and 2.03 maintaining competence). However when expanding must minimize harm to clients and may want to Consult with others to determine additional training needed and when they are ready for independent practice.

Forensic examiners must tell examinees:

Nature and purpose of examination, who has access to it, limitation of privacy, confidentiality and privilege, voluntary or involuntary nature of it, potential consequences of participating or not participating, anticipated cost

• Training o Three basic steps in training program development:

Needs Analysis—determining if and what kind of training is necessary • 4 components: o Organization analysis—is training what org needs to solve problem? o Task analysis—determining what knowledge, skills, abilities are required to perform job satisfactorily o Person analysis—if employees have deficits in areas identified by task analysis o Demographic analysis—determine training needs of employees from diff grps

Which of the following states was where the first prison classification system was developed by psychologists in 1918?

New Jersey. This occurred in New Jersey in 1918.

Delegating work and defining performing competently

No specific criteria supplied, and up to the supervisor/employer as to whether they consider it competent. It is important to provide them regular performance feedback. Feedback has been identified as a cause for many ethical complaints related to supervision.

Child abuse and timing

No time limits of reporting: as long as the child is a minor, psychologists have an obligation to report. Most jurisdictions, psychologists are not legally mandated to report when the adult victim reveals that they were abused as a child unless there is reason to believe the abuser is victimizing another minor.

Is it ethical for a psychologist to engage in a sexual relationship with a student after the course has been completed and grades submitted?

No, as it is likely the student is still in the department and, thus, the professor maintains "evaluative authority"

Are psychologists required by the Ethics Code to provide Pro Bono services?

No, however the General Principles, which are aspirational in nature, promote it

Is it ethical for a psychologist to routinely administer personality tests during the initial phase of a treatment relationship?

No, this is unethical, as there must be a valid reason for testing

Is it ever appropriate for a psychologist to pay, receive payment from, or divide fees with another professional for referring them a client?

No, this is unethical. All payments in such situations must be based on the services provided (e.g., clinical, consultative, administrative)

A client who is HIV+ claims that s/he has been engaging in casual unprotected sex with various partners. Is this sufficient ground to break confidentiality and notify the authorities?

No. APA states disclosure is permitted if (1) there is an identifiable 3rd party who is at risk, (2) the 3rd party is unaware s/he is at risk, and (3) the client has refused or is not considered reliable to inform the 3rd party

A client who is HIV+ claims that s/he has been engaging in casual unprotected sex with various partners. Is this sufficient grounds to break confidentiality and notify the authorities?

No. APA states disclosure is permitted if (1) there is an identifiable 3rd party who is at risk, (2) the 3rd party is unaware s/he is at risk, and (3) the client has refused or is not considered reliable to inform the 3rd party

Is it ethical for psychologists to engage in sexual behavior with students or supervisees?

No. In fact, it is unethical for a psychologist to engage in sexual relations with anyone they are likely to have evaluative authority over

Withholding records for non-payment

Non-emergency situations is may be acceptable for psychologists to withhold records when the client owes them money HOWEVER: Withholding records may violate avoiding client harm; State, federal and provincial laws or institutional regulations may not recognize nonpayment of fees as a legitimate reason to withhold records under any circumstance.

What relationships have been found between risk for sexual misconduct and theoretical orientation, professional experience, or education?

None (Pope et al., 1993)

Behnke, Preis and Bates in "The Essentials of California Mental Health Law"

Norton and Company, 1998, pg. 9 in which they state, "issues implicated by the Tarasoff case and its legal progeny account for a small percentage of forensic cases."

Sliding fee scales

Not addressed in the ethics code. Generally considered acceptable as long as use of a sliding scale is fair and services the best interests of the client. Koocher and Keith-Spiegel conclude the actual fee charged for services rendered is not as important from an ethical standpoint as the manner in which it is set, communicated, managed and collected.

Limits of confidentiality and deceased clients

Not covered in the ethics code, some jurisdictions do have laws that apply to this situation. Some states may state that records of deceased client cannot be released to a family member or other person without a release from an executor or administrator of the client's estate.

psychotherapy notes

Notes recorded in any medium by a mental health professional to document or analyze the contents of conversations between therapists and clients during private or group counseling sessions; maintained separately from the client's medical record

Disclosing information without consent

Only as mandated by law or permitted by law: to provide needed professional services, obtain appropriate professional consultations, protect people from harm, or obtain payment for services from a client/patient limited to the necessary needed to achieve the purpose.

When clinicians are asked to testify about dangerousness, it is recommended that they:

Only offer information about violence-enhancing and violence-reducing factors. It makes sense to only offer information about violence-enhancing and violence-reducing factors when asked to provide expert testimony on dangerousness.

Tarasoff decision

Original court ruling. Established the duty to protect the victim by warning them. Duty to warn identifiable victim and contact the police when client has made a physical threat towards individuals, California first made it a requirement through statutory or case law then many other states also followed suit.

What is a psychologist to do if a client informs them that s/he had sex with a previous therapist?

Outline the client's rights and options regarding legal actions and ethical complaints

What is a psychologist to do if a client informs them that s/he had sex with a previous therapist?

Outline the client's rights and options regarding legal actions and ethical complaints

General Principles (5)

PA(Beneficence and Nonmaleficence) PB ( Fidelity and Responsibility) PC (Integrity) PD (Justice) PE (People's Rights and dignity. Bland foreigners increase jaded reactions.

If a person is UNABLE to provide informed consent for forensic examination:

Practitioner provides appropriate explanation, seeks assent, obtains permission from legally authorized person as permitted by law

which parts of the ethics code are enforceable/nonenforceable?

Preamble & General Principles are nonenforceable Ethical Standards are mandatory and enforceable

Use of forensic case materials in teaching:

Present info in fair, balanced and respectful manner. Attempt to protect privacy of persons or obtain permission from relevant parties.

Which stage of a criminal prosecution requires the state or governing body to demonstrate that their case is valid (has sufficient evidence to move forward with a prosecution)?

Prima facie showing. This is the stage where the prosecution demonstrates that it has a valid case against a defendant or defendants.

Client Welfare

Primary goal of the Ethics Code, and psychologists' first consideration when choosing a course of action in the context of their professional activities

General Principle, Psychologists aim "to benefit those with whom they work and take care not to do harm"

Principle A. Beneficence and nonmaleficence

Principle, psychologists are aware of how their own physical and mental health may affect their capacity to help others.

Principle A. Beneficence and nonmaleficence

Principle, psychologists attempt to resolve conflicts among their professional obligations in a responsible manner that minimizes harm.

Principle A. Beneficence and nonmaleficence

Principle, safeguard the welfare and rights of people they interact with professionally, as well as animals in research

Principle A. Beneficence and nonmaleficence

GENERAL PRINCIPLES

Principle A—Beneficence and Nonmalificence o Strive to benefit those w whom they work and take care to do no harm • Principle B—Fidelity and Responsibility o Establish relationships of trust w those w whom they work o Professional and scientific responsibilities to society and to specific communities in which they work • Principle C—Integrity o Seek to promote accuracy, honesty, and truthfulness in science, teaching, and practice • Principle D—Justice o Recognize fairness and justice entitle all persons to access to and benefit from contributions of psych and to equal quality in processes, procedures, and services • Principle E—Respect for People's Rights and Dignity o Respect dignity and worth of all people, and rights of ind to privacy, and selfdetermination

Principle, psychologist should be concerned with the ethical compliance of others.

Principle B: Fidelity and Responsibility

Principle, psychologists are encouraged to contribute some of their professional services for little or no compensation

Principle B: Fidelity and Responsibility

Principle, psychologists clarify roles, manage conflicts of interest, and consult with other professionals.

Principle B: Fidelity and Responsibility

Principle, recognizes that "psychologist establish relationships of trust with those whom they work"

Principle B: Fidelity and Responsibility

Principle, although ethically permissible in certain situations, deception should be used only with great care.

Principle C: Integrity

Principle, promote "accuracy, honesty, and truthfulness" and avoid all fraudulent activities

Principle C: Integrity

Principle, recognizes that all persons should benefit for contributions of psychology and be treated with equal quality

Principle D: Justice

Principles, enjoins psychologists that their own biases and limitations of competence do not result in unjust practices.

Principle D: Justice

Principle, includes respect for the rights of privacy, confidentiality, and self determination.

Principle E: Respect for People's Rights and Dignity

Principle, psychologists should try to eliminate the effect of biases due to demographic factors.

Principle E: Respect for People's Rights and Dignity

What is the legal concept that protects a client's confidentiality in the context of legal proceedings?

Privilege

_________ is the client's right to keep confidential communications from being disclosed in a legal proceeding.

Privilege

Privilege/Holder of the Privilege

Privilege is a legal concept that protects a client's confidentiality in the context of legal proceedings. Most jurisdictions have laws that establish privilege for communications between licensed mental health practitioners and their clients. The client is ordinarily the "holder of the privilege," but a psychologist can claim the privilege on behalf of a client, and there are legally defined exceptions to privilege.

privilege:

Privilege is a legal term that refers to a person's right to not have confidential information revealed in a legal proceeding.When a client is a legally competent adult, he or she is the "holder of the privilege," which means that, in most situations, the client has the right to decide whether to "waive the privilege." When the patient is a minor (in most states) or legally incompetent, his or her parent or legal guardian is the holder of the privilege.

Ethics Code, include those delivered in person by mail, telephone, internet, or other electronic means.

Professional activities

Buckley Amendment (FERPA)

Prohibits schools from disclosing personally identifying information from student records without the consent of the parents or students or of eligible students 18 years and older or who are attending postsecondary institutions. Grants parents of students under 18 and students 18 or over the right to examine and challenge their school records and requires that records that are no longer useful or relevant for the students or educational Institution must be destroyed.

Principle C includes

Promote accuracy and honesty. No cheating, fraud. Minimize instances and impact of deception.

Integrity

Promote accuracy, honesty, and truthfulness in science teaching and practice of psychology. No stealing cheating fraud.

Notes recorded in any medium by a mental health professional documenting or analyzing the contents of conversation during a private counseling session they are not considered a part of a client's_______

Protected Health Information (PHI)

Most of HIPAA's general provisions govern _______________, there are more stringent protections for _____________________.

Protected Health Information (PHI); psychotherapy notes

test security

Protection of the integrity of psychological test materials by preventing them from entering the public domain

When providing services to a person legally incapable of giving informed consent, what should the psychologist do?

Provide an appropriate explanation, seek the person's assent, consider the person's preferences and best interests, and obtain permission from a legally authorized person

A psychologist is ethically required to ________ after completing testing with a client.

Provide appropriate explanation of results

Psychological services delivered through or to organizations and information to those directly affected by services.

Provide information to the clients: 1) the nature and objective of the relationship, 2)the intended recipients, 3) which of the individuals are clients, 4) the relationship the psychologist will have with each person in the organization, 5) uses of services provided and information obtained, 6) who will have access to the information and 7) limits of confidentiality. As feasible, provide information about the results and conclusions of such services to appropriate persons.

Upon termination, what does the Ethics Code state a psychologist should do?

Provide pre-termination counseling AND suggest alternative service providers as appropriate

Upon termination, what does the Ethics Code state a psychologist should do?

Provide pre-termination counseling and suggest alternative service providers as appropriate

After a psychologist administers multiple tests to a client, she asks to see the results. What's the best course of action in such situations?

Provide the client with an ORAL and WRITTEN summary of the results in clear, UNDERSTANDABLE language

After a psychologist administers multiple tests to a client, she asks to see the results. What's the best course of action in such situations?

Provide the client with an oral and written summary of the results in clear, understandable language

Pro Bono Services

Providing professional services for which there is no expectation of significant financial return. Recommended in General Principle B.

Pro Bono Services

Providing professional services for which there is no expectation of significant financial return; recommended but not required by the Ethics Code

Cases of holder of the privilege

Psychologist can disclose confidential information in a legal proceeding. E.g., therapist would only do so when ordered to do so by court or when the client consents to release. Minor's parent is often the legal holder of privilege for that minor.

Informed consent and documentation

Psychologists appropriately document written or oral consent, permission and assent.

Has not been presented in a published research study

Psychologists are not required to shared data that

Research data and fabricating data

Psychologists are prohibited from fabricating data e.g. journal has printed level of significant .001 when it was .10, a request for the journal to print a correction is required.

Design of education and training programs

Psychologists are responsible for education and training programs take reasonable steps to ensure that the programs are designed to provide the appropriate knowledge and proper experiences, and to meet the requirements for licensure, certification or other goals for which claims are made by the program.

Boundaries of competence and forensic roles

Psychologists are to become reasonably familiar with the judicial or administrative rules governing their roles.

Documentation of professional and scientific work and maintenance of records

Psychologists create, and to the extent the records are under their control, maintain, disseminate, store, retain, and dispose records and data relating to their professional and scientific work.

6.01 Documentation of Professional and Scientific Work and Maintenance of Records

Psychologists create, maintain, disseminate, store, retain and dispose of records and data to 1) facilitate provision of services 2) allow for replication of research design 3) meet institutional requirements 4) ensure accuracy of billing and payments and 5)ensure compliance with the law

Deception in research

Psychologists do not conduct a study involving deception unless they have determined the use of deception is justified by the study's significant prospective scientific, educational or applied value and that effective non-deceptive alternatives are not feasible; do not deceive prospective participant about research that is reasonably expected to cause harm (pain or emotional distress); explain any deception that is an integral feature of the design and conduct as early as feasible, preferably at the conclusion of their participation, but no later than the conclusion of data collection and permit participants to withdraw data.

1.08 Unfair Discrimination Against Complainants and Respondents

Psychologists do not deny persons employment, advancement, admissions to academic or other programs, tenure, or promotion, based solely upon their having made or their being the subject of an ethics complaint. This does not preclude taking action based upon the outcome of such proceedings or considering other appropriate information.

Unfair Discrimination

Psychologists do not engage in discrimination based on age, gender, gender identity, etc or any proscribed by law.

3.02 Sexual Harassment

Psychologists do not engage in sexual harassment. Sexual harassment is sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, that occurs in connection with the psychologist's activities or roles as a psychologist, and that either (1) is unwelcome, is offensive, or creates a hostile workplace or educational environment, and the psychologist knows or is told this or (2) is sufficiently severe or intense to be abusive to a reasonable person in the context. Sexual harassment can consist of a single intense or severe act or of multiple persistent or pervasive acts.

5.06 In-Person Solicitation

Psychologists do not engage, directly or through agents, in uninvited in-person solicitation of business from actual or potential therapy clients/patients or other persons who because of their particular circumstances are vulnerable to undue influence. However, this prohibition does not preclude (1) attempting to implement appropriate collateral contacts for the purpose of benefiting an already engaged therapy client/patient or (2) providing disaster or community outreach services.

3.08 Exploitative Relationships

Psychologists do not exploit persons over whom they have supervisory, evaluative, or other authority such as clients/patients, students, supervisees, research participants, and employees.

3.03 Other Harassment

Psychologists do not knowingly engage in behavior that is harassing or demeaning to persons with whom they interact in their work based on factors such as those persons' age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, language, or socioeconomic status.

8.11 Plagiarism

Psychologists do not present portions of another's work or data as their own, even if the other work or data source is cited occasionally.

8.13 Duplicate Publication of Data

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.

7.04 Student Disclosure of Personal Information

Psychologists do not require students or supervisees to disclose personal information in course- or program-related activities, either orally or in writing, regarding sexual history, history of abuse and neglect, psychological treatment, and relationships with parents, peers, and spouses or significant others except if (1) the program or training facility has clearly identified this requirement in its admissions and program materials or (2) the information is necessary to evaluate or obtain assistance for students whose personal problems could reasonably be judged to be preventing them from performing their training- or professionally related activities in a competent manner or posing a threat to the students or others.

5.05 Testimonials

Psychologists do not solicit testimonials from current therapy clients/patients or other persons who because of their particular circumstances are vulnerable to undue influence.

Fidelity and Responsibility

Psychologists establish relationships of trust with those with whom they work -be aware of their professional/scientific responsibilities to the community/society -uphold professional standards of conduct -clarify roles -accept responsibility -manage conflicts of interest that could lead to exploitation/harm -consult in clients' best interest -be concerned about colleagues' ethics -contribute some professional time for low/no compensation

4.01 Maintaining Confidentiality

Psychologists have a primary obligation and take reasonable precautions to protect confidential information obtained through or stored in any medium, recognizing that the extent and limits of confidentiality may be regulated by law or established by institutional rules or professional or scientific relationship. (See also Standard 2.05, Delegation of Work to Others.)

About competence in practice

Psychologists limited their practice, including supervision, to their demonstrated areas of professional competence

8.05 Dispensing with Informed Consent for Research

Psychologists may dispense with informed consent only (1) where research would not reasonably be assumed to create distress or harm and involves (a) the study of normal educational practices, curricula, or classroom management methods conducted in educational settings; (b) only anonymous questionnaires, naturalistic observations or archival research for which disclosure of responses would not place participants at risk of criminal or civil liability or damage their financial standing, employability or reputation, and confidentiality is protected; or (c) the study of factors related to job or organization effectiveness conducted in organizational settings for which there is no risk to participants' employability, and confidentiality is protected or (2) where otherwise permitted by law or federal or institutional regulations.

6.03 Withholding Records for Nonpayment

Psychologists may not withhold records under their control that are requested and needed for a client's/patient's emergency treatment solely because payment has not been received.

psychologist's responsibility when using animals in research

Psychologists must ensure than animals are treated humanely. Animals may be subjected to pain, stress and even death but only under two conditions: 1) alternative methods are not available; and 2) the pain is justified by the prospective value of the research. These conditions are not the requirements for using animals in general. It is true that reasonable efforts must be made to minimize the pain and discomfort of animals, however, this requirement is not the best summary of a psychologist's overall responsibilities.

Basis for scientific and professional judgements

Psychologists must work based upon established scientific and professional knowledge of the discipline.

8.03 Informed Consent for Recording Voices and Images in Research

Psychologists obtain informed consent from participants to record voices or image prior to recording unless 1) only naturalistic observations in public places with no personal identification or harm anticipated 2) research design includes deception, and consent is obtained after debriefing

Justice

Psychologists recognize that fairness entitles all persons to access and benefit from the contributions of psychology and to equal quality in the processes, procedures, and services that are conducted by psychologists. -use good judgment and take precautions against bias, practicing outside boundaries of competence, and limitations of expertise leading to injustice

Conflict of Interest

Psychologists refrain from taking on a professional role when personal, scientific legal, financial or other that could reasonably be expected to: 1) Impair their objectivity, competence, or effectiveness in performing their function as psychologists or 2) expose the person or organization with whom the professional relationship exists to harm or exploitation.

3.06 Conflict of Interest

Psychologists refrain from taking on a professional role when personal, scientific, professional, legal, financial, or other interests or relationships could reasonably be expected to (1) impair their objectivity, competence, or effectiveness in performing their functions as psychologists or (2) expose the person or organization with whom the professional relationship exists to harm or exploitation.

Ethical and Legal Situations

Psychologists resolve it in keeping with the basic principles of human rights.

7.01 Design of Education and Training Programs

Psychologists responsible for education and training programs take reasonable steps to ensure that the programs are designed to provide the appropriate knowledge and proper experiences and to meet the requirements for licensure, certification, or other goals for which claims are made by the program

7.02 Descriptions of Education and Training Programs

Psychologists responsible for these programs make sure things are accurately described somewhere for anyone interested to see

integrity

Psychologists should promote accuracy and honesty in the science, teaching, and practice of psychology -do not engage in intentional fraud or misrepresentation of fact -keep promises and avoid unwise/unclear commitments -when deception is required/ethically justified, correct mistrust or harmful effects

Respect for People's Rights and Dignity

Psychologists should respect the dignity and worth of all people and the rights of individual to privacy, confidentiality, and self-determination -special safeguards for vulnerable populations -respect cultural, individual, and role differences -try to eliminate effect of cultural bias on their work -do not knowingly participate in/condone others activities based on cultural bias

1.01 Misuse of Psychologists Work

Psychologists should take reasonable steps to correct or minimize the misuse or misrepresentation.

Beneficence and Nonmaleficence

Psychologists strive to benefit those with whom they work and take care to do no harm. -safeguard rights and welfare of people and animal research subjects -avoiding misuse of power -awareness of impact of their own physical/mental health

Beneficence and Nonmaleficence

Psychologists strive to benefit those with whom they work and take care to do no harm. Safe guard welfare and rights of those whom they interact with professionally and other affected persons and welfare of animals in research. Be aware of their own physical and mental health can influence.

Offering inducements for research participation

Psychologists take reasonable efforts to avoid excessive or inappropriate financial or other inducements for research participation when such inducements are likely to coerce participation. When offering professional services as an inducement for research participation, psychologists clarify the nature of the services as well as the risks, obligations, and limitations.

3.04 Avoiding Harm

Psychologists take reasonable steps to avoid harming their clients/patients, students, supervisees, research participants, organizational clients, and others with whom they work, and to minimize harm where it is foreseeable and unavoidable.

7.03 Accuracy in Teaching

Psychologists take reasonable steps to ensure that course syllabi are accurate and that they present info accurately

6.06 Accuracy in Reports to Payors and Funding Sources

Psychologists take reasonable steps to ensure the accurate reporting of the nature of the services provided or research conducted

2.03 Maintaining Competence

Psychologists undertake ongoing efforts to develop and maintain their competence.

2.05 Delegation of Work to Others

Psychologists who delegate work to employees, supervisees, or research or teaching assistants or who use the services of others, such as interpreters, take reasonable steps to (1) avoid delegating such work to persons who have a multiple relationship with those being served that would likely lead to exploitation or loss of objectivity; (2) authorize only those responsibilities that such persons can be expected to perform competently on the basis of their education, training, or experience, either independently or with the level of supervision being provided; and (3) see that such persons perform these services competently.

Reviewers

Psychologists who review information (presentations, publication, grants etc) respect the confidentiality of and the proprietary rights in such information of those who submitted it.

8.15 Reviewers

Psychologists who review material submitted for presentation, publication, grant, or research proposal review respect the confidentiality of and the proprietary rights in such information of those who submitted it.

Boundaries of competence services when appropriate mental health unavailable

Psychologists with closely related training or experience may provide the service in order to ensure client is not denied. Must make reasonable effort to obtain competence such as using relevant research, training, consultation or study.

2.04 Bases for Scientific and Professional Judgments

Psychologists' work is based upon established scientific and professional knowledge of the discipline

Gist of the Preamble

Psychologists: committed to increase scientific knowledge of behavior and people's understanding of themselves and others to improve condition of individuals, organizations, society. Respect and protect civil and human rights and freedom of inquiry and expression. They perform many roles.

HIPAA, ____________________ refer to "process notes."

Psychotherapy notes

________________ basically include any written or oral statement in any form other than an entirely private conversation.

Public statements

"the prevailing professional judgment of psychologists engaged in similar activities in similar circumstances, given the knowledge the psychologist had or should have had at the time."

Reasonable

Multiple relationships and Reasonable steps

Reasonable steps depend on the nature of the situation, but may involve discussing potential conflicts with the client seeking consultation to identify most appropriate course of action.

Confidential information for didactic and similar purposes and reasonable steps

Reasonable steps to remove personal identifiable information. Go beyond just using a pseudoname when potentially identifying information has not been changed.

Legal liability related to confidentiality and the prevention of HIV transmission

Recommended: a) legal duty to protect third parties from HIV should not be imposed, b)if specific legislation is considered, then disclosure should be allowed (the provider knows the identifiable third party who provider sees having a significant risk for infection, provider has belief that the third party has no reason to suspect that they are at risk, client has been urged to inform the third party but has refused or is considered unreliable in willingness to notify third party).

Ethical Standard 6

Record Keeping and Fees

Consultation/Supervision/training/referral, the client feels uncomfortable with the therapist

Referral

Consultation/Supervision/training/referral, the therapist lacks competence in treating a presenting problem

Referral

Consultation/Supervision/training/referral, feminist therapist finds she is imposing ideas on traditional woman

Referral

Multiple Relationships and Risks

Refrain from multiple relationships if it could reasonably impair psychologist's objectivity, competence or effectiveness in performing their functions as a psychologist or otherwise risk exploitation or harm to the person whom the professional relationship exists. Multiple relationships that would not reasonably be expected to cause impairment or risk exploitation or harm are not unethical.

may establish stricter prohibitions than the Ethics Code

Regarding sexual relationships with former clients, laws and institutional regulations

9.10 Explaining Assessment Results

Regardless of whether the scoring and interpretation are done by psychologists, by employees or assistants, or by automated or other outside services, 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 (such as in some organizational consulting, preemployment or security screenings, and forensic evaluations), and this fact has been clearly explained to the person being assessed in advance.

Fidelity and Responsibility

Relationship of trust with those we work with. Uphold professional standards of conduct, clarify professional role, accept appropriate responsibility for behavior. Corporate with other prof and institutions to extent needed to serve best interests. Concerned about ethical compliance of colleagues scientific and professional conduct.

Publication credit is given based primarily on ________.

Relative scientific or professional contributions of the individuals involved, regardless of their relative status

As the only psychologist working in a medical clinic that you are about to leave for a new job, you are concerned that some files contain outdated data. What should you do?

Remove obsolete data from the files, as release of such data may cause client harm or misrepresentation

As a psychologist, what would you do if you arrived early to the office one morning to find a colleague having sex with one of his/her current clients?

Report him to the ethics committee, as this violation is not amenable to informal resolution, making sure to protect the client's confidentiality rights

A psychologist will receive a ________ from the Ethics Committee if his/her actions are unethical but the consequences are minor.

Reprimand

Informed consent for research and experimental interventions

Requires psychologists conducting experimental nature of the intervention (e.g., control group will not receive intervention, and that there are alternatives if they choose not to participate.

Limits of confidentiality and group therapy

Requires psychologists to inform group members about the limits of confidentiality. This also includes how confidentiality is managed when a therapist sees group members in individual therapy and limits of confidentiality. Recommended: a) discuss the need to periodically remind them of confidentiality in later sessions, b) encourage members to confront each other in confidentiality violations, and c) remind group members to remain confidentiality when group ends.

Ethical Standard 8

Research and Publication

Sexual Misconduct by Psychotherapists

Research on sexual misconduct has found that male therapists engage in sexual and other dual relationships with clients much more often than female therapists. The data also show that male therapists who engage in sexual misconduct are usually older than the female clients they become involved with, with the average therapist being between 42 and 44 and the client being between 30 and 33. No consistent relationship has been found between risk for sexual misconduct and theoretical orientation, professional experience, or education (Pope et al., 1993).

At a reading level that is beyond the ability of many adults

Research shows that consent forms are often written in this way

Principle E

Respect for People's Rights and Dignity

Principle E includes

Respect the dignity and worth of all people and to privacy, confidentiality, and self-determination . Are aware of and respect cultural, individual and role differences.

APA-approved sponsor

Responsible for the program, not APA

In order to assess a defendant's mental status at the time of the offense, the expert must conduct what sort of an evaluation?

Retrospective evaluation. When conducting such an evaluation, you are assessing for the defendant's mental status at the time of the offense. Therefore, this is retrospective in nature.

HIPAA right, Patients may request changes to their PHI to improve accuracy

Right of Amendment

HIPPA patient right, Patients have right to be informed of privacy policy, how PHI will be used or disclosed, as well as patient's rights to limit uses and disclosures.

Right of Notice

HIPAA right, Patients may elect to have bills mailed to another address other than home, or not call at home, in order to protect confidentiality.

Right to receive confidential communications by alternative means and at alternative locations

HIPAA right - __________________ Psychologists are obligated to agree to _________________ requests to restrict use and disclosure of PHI.

Right to request restrictions; reasonable

The Federal Rules of Evidence allows that experts may testify as to opinions, provided that the "specialized knowledge" of the witness will assist the trier of fact in determining a relevant issue. Which Rule of the Federal Rules of Evidence applies to this?

Rule 702

Tarasoff decision

Ruling by a California court (1974) that a therapist has a duty to warn a prospective victim of an explicit threat expressed by a client in therapy

If a psychologist undertakes an experiment that might have some negative adverse side-effects to participants but still feels the possible findings are worth the risk, she should:

Seek approval from the appropriate Institutional Review Board (IRB) and inform participants of all potential risks via informed consent

True or False: If a psychologist undertakes an experiment that might have some negative adverse side-effects to participants but still feels the possible findings are worth the risk, she should:

Seek approval from the appropriate Institutional Review Board (IRB) and inform participants of all potential risks via informed consent

A psychologist who has been having marital problems begins to notice that during marital therapy with his clients he is tending to agree more with the husband's perspective. He should:

Seek consultation - the Code requires psychologists who become aware of personal problems that may interfere with adequate performance in their work to take appropriate measures

A psychologist who has been having marital problems begins to notice that during marital therapy with his clients he is tending to agree more with the husband's perspective. He should:

Seek consultation- the Code requires psychologists who become aware of personal problems that may interfere with adequate performance in their work to take appropriate measures

Appropriate measures and personal problems

Seeking therapy, referring clients to other professionals and consulting with another professional to identify the most appropriate action.

• Personnel Selection o Selection Procedures

Selection Techniques: • Cognitive Ability Tests—most valid predictor of job performance across jobs and settings o Validity increases as complexity of job increases • Job Knowledge Tests—job specific, commonly used when ind have previous experience or training o Good predictors of performance o Validity of job knowledge tests increases as job complexity and job-‐test similarity increase • Work Samples—sample of work bx in standardized, job-‐like conditions o Good predictors of job performance o Samples of motor-‐skills have more validity than verbal skills o Acceptable to applicants and are less likely than other methods to unfairly discriminate o Also used as trainability tests •• Identify people who are likely to benefit from training •• Include period of structures, controlled learning followed by evaluation of work performance o Realistic Job Preview—prevent unrealistic expectations about job in order to reduce turnover • Interviews—tend to be only moderately accurate in predicting job performanceo Validity depends on content of interview, nature of criterion, how interview is conducted o Structured interviews—found to have higher predictive validity

Any payments or fee-splitting between psychologists and other professionals must be based on _________________________.

Services provided

Sexual Harassment

Sexual harassment is sexual solicitation, physical advances, or conduct that is sexual in nature. It needs to be connected to psychologists role and 1)is unwelcome, offensive, hostile and psychologist knows or is told this OR 2)sufficiently severe or intense to be abusive to a reasonable person in that context. It can consist of a single event or multiple.

How does APA's Ethics Code define Sexual Harassment?

Sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, occurs in connection with the psychologist's activities or roles as a psychologist, and either (1) is obviously unwelcome, offensive, or creates a hostile environment or (2) is sufficiently severe to be abusive to a reasonable person in the context

How is Sexual Harassment defined by APA's Ethics Code?

Sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, occurs in connection with the psychologist's activities or roles as a psychologist, and either (1) is obviously unwelcome, offensive, or creates a hostile environment or (2) is sufficiently severe to be abusive to a reasonable person in the context

sexual harassment

Sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, that occurs in connection with the psychologist's activities or roles as a psychologist, and that either 1) is unwelcome, is offensive, or creates a hostile workplace or educational environment, and the psychologist knows or is told this or 2) is sufficiently severe or intense to be abusive to a reasonable person in the context. Can consist of a single intense of severe act or of multiple persistent or pervasive acts.

Ethics Code in regard to terminating therapy when threatened with physical harm

Specifically, the Ethics Code states, "Psychologists may terminate therapy when threatened or otherwise endangered by the client/patient or another person with whom the client/patient has a relationship." (starting 2002)

multiple relationships:

Standarct 3.05 states that "a psychologist refrains from entering into a multiple relationship if it could reasonably be expected to impair the psychologist's objectivity, competence,or effectiveness in performing his or her functions as a psychologist, or otherwise risks exploitation or harm to the person with whom the professional relationship exists."

ethical violations by colleagues

Standard 1.04 encourages psychologists to handle ethical violations informally by discussing the matter with the offender when an "informal resolution appears appropriate"; and Standard 1.05 states that psychologists make a formal report to the Ethics Committee, state licensing board, or other appropriate authority when the problem involves "substantial harm" and is not appropriate for an informal resolution or has not been resolved satisfactorily by an attempt at informal resolution. Both Standards require psychologists to consider client confidentiality before taking any action.

Ethical Violations by Colleagues

Standard 1.04 encourages psychologists to handle ethical violations informally by discussing the matter with the offender when an "informal resolution appears appropriate"; while Standard 1.05 states that psychologists make a formal report to the Ethics Committee, state licensing board, or other appropriate authority when the problem involves "substantial harm" and is not appropriate for an informal resolution or has not been resolved satisfactorily by an attempt at an informal resolution. These Standards also require that, before psychologists take any action, they must consider the issue of client confidentiality.

Complainants and Respondents

Standard 1.08 states that "psychologists do not deny persons employment, advancement, admissions to academic or other programs, tenure, or promotion, based solely upon their having made or their being the subject of an ethics complaint. This does not preclude taking action based upon the outcome of such proceedings or considering other appropriate information."

complainants and respondents

Standard 1.08 states that "psychologists do not deny persons employment, advancement, admissions to academic or other programs, tenure, or promotion, based solely upon their having made or their being the subject of an ethics complaint. This does not preclude taking action based upon the outcome of such proceedings or considering other appropriate information."

Informed Consent for Therapy

Standard 10.01 states: "(a) When obtaining informed consent to therapy ... psychologists inform clients/patients as early as is feasible in the therapeutic relationship about the nature and anticipated course of therapy, fees, involvement of third parties, and limits of confidentiality and provide sufficient opportunity for the client/patient to ask questions and receive answers."

informed consent for therapy

Standard 10.01(a) states that, when obtaining informed consent to therapy, "psychologists inform clients/patients as early as is feasible in the therapeutic relationship about the nature and anticipated course of therapy, fees, involvement of third parties, and limits of confidentiality and provide sufficient opportunity for the client/patient to ask questions and receive answers." When the therapist is a trainee and the supervisor has legal responsibility for the case,the client must be informed of this fact and given the supervisor's name.

clients receiving services from another professional:

Standard 10.04 states that "in deciding whether to offer or provide services to those already receiving mental health services elsewhere, psychologists carefully consider the treatment issues and the potential client's/patient's welfare. Psychologists discuss these issues with the client/patient ... and proceed with caution."

Clients receiving services from another professional

Standard 10.04 states that "in deciding whether to offer or provide services to those already receiving mental health services elsewhere, psychologists carefully consider the treatment issues and the potential client's/patient's welfare. Psychologists discuss these issues with the client/patient...and proceed with caution."

Sexual Intimacies with Clients and Former Clients

Standard 10.05 explicitly prohibits psychologists from having sexual relationships with current clients, while Standard 10.08 forbids a psychologist from having a sexual relationship with a former client for at least two years after cessation of therapy. The latter Standard also states that, even after the two-year limit has passed, a relationship may be acceptable only in the "most unusual circumstances." Standard 10.07 prohibits psychologists from providing therapy to people with whom they have had sexual relationships in the past. This exclusion is absolute; there are no time limits or other exceptions.

sexual intimacies with clients or former clients

Standard 10.05 prohibits psychologists from having sexual intimacies with current clients, and Standard 10.08 prohibits psychologists from having sexual intimacies with a former client for at least two years after termination of therapy. Standard 10.08 also states that, even after the two-year limit has passed, sexual intimacies may be acceptable only in the "most unusual circumstances."

termination of therapy

Standard 10.10 requires psychologists to "terminate therapy when it becomes reasonably clear that the client/patient no longer needs the service, is not likely to benefit, or is being harmed by continued service" and, when doing so, to "provide pretermination counseling and suggest alternative service providers as appropriate." It also allows psychologists to "terminate therapy when threatened or otherwise endangered by the client/patient or another person with whom the client/patient has a relationship."

Interruption and Termination of Therapy

Standard 10.10 requires psychologists to "terminate therapy when it becomes resonably clear that the client/patient no longer needs the service, is not likely to benefit, or is being harmed by continued service" and, when doing so, to "provide pretermination counseling and suggest alternative service providers as appropriate." An exception to this general rule is provided in standard 10.10(b), which states that pretermination counseling or referral is not necessary when a psychologist is terminating therapy with a client because the client or a person the client has a relationship with poses a threat to the psychologist.

Competence

Standard 2.01 requires psychologists to "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:

Standard 2.01 requires psychologists to "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."

emergencies:

Standard 2.02 states: "In emergencies ,when psychologists provide services to individuals for whom other mental health services are not available and for which psychologists have not obtained the necessary training, psychologists may provide such services in order to ensure that services are not denied.The services are discontinued as soon as the emergency has ended or appropriate services are available."

Personal Problems

Standard 2.06 states: (a) Psychologists refrain from initiating an activity when they know or should know that there is a substantial likelihood that their personal problems will prevent them from performing their work-related activities in a competent manner ... [and] (b) When psychologists become aware of personal problems that may interfere with their performing work-related duties adequately, they take appropriate measures, such as obtaining professional consultation or assistance, and determine whether they should limit, suspend, or terminate their work-related duties."

personal problems

Standard 2.06 states:"(a) Psychologits refrain from initiating an activity when they know or should know that there is a substantial likelihood that their personal problems will prevent them from performing their work-related activities in a competent manner. (b) When psyhologists become aware of personal problems that may interfere with their performing work-related duties adequately, they take appropriate measures, such as obtaining professional consultation or assistance , and determine whether they should limit, suspend, or terminate their work-related dutie.!?."

Sexual Harassment

Standard 3.02 prohibits psychologists from engaging in sexual harassment, which it defines as "sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, that occurs in connection with the psychologist's activities or roles as a psychologist, and that either (1) is unwelcome, is offensive, or creates a hostile workplace or educational environment, and the psychologist knows or is told this or (2) is sufficiently severe or intense to be abusive to a reasonable person in the context."

sexual harassment

Standard 3.02 prohibits psychologists from engaging in sexual harassment, which it defines as "sexual solicitation,physical advances, or verbal or nonverbal conduct that is sexual in nature, that occurs in connection with the psychologist's activities or roles as a psychologist,and that either (1) is unwelcome, is offensive, or creats·a hostile workplace or educational enironment, and the psychologist knows or is told this or (2) is sufficiently severe or intense to be abusive to a reasonable person in the context."

Client Welfare

Standard 3.04 addresses client welfare in a general way and states that psychologists "take reasonable steps" to avoid and minimize harm to clients, students, research participants, and others with whom they work.

Multiple Relationships

Standard 3.05 states that "a psychologist refrains from entering into a multiple relationship if it could reasonably be expected to impair the psychologist's objectivity, competence, or effectiveness in performing his or her functions as a psychologist, or otherwise risks exploitation or harm to the person with whom the professional relationship exists."

Informed Consent and Assent

Standard 3.10 states that "when psychologists conduct research or provide assessment, therapy, counseling, or consulting services in person or via electronic transmission or other forms of communication, they obtain the informed consent of the individual or individuals using language that is reasonably understandable to that person or persons." It also states that "for persons who are legally incapable of giving informed consent, psychologists nevertheless (1) provide an appropriate explanation, (2) seek the individual's assent, (3) consider such persons' preferences and best interests, and (4) obtain appropriate permission from a legally authorized person."

informed consent:

Standard 3.10 states that "when psychologists conduct research or provide assessment,therapy, counseling,or consulting services in person or via electronic transmission or other forms of communication, they obtain the informed consent of the individual or individuals using language that is reasonably understandable to that person or persons." It also states that "for persons who are legally incapable of giving informed consent,psychologists nevertheless (1) provide an appropriate explanation, (2) seek the individual's assent, (3) consider such persons' preferences and best interests, and (4) obtain appropriate permission from a legally authorized person."

Consultation

Standard 4.06 states that "when consulting with colleagues, (1) psychologists do not disclose confidential information that reasonably could lead to the identification of a client/patient, research participant, or other person or organization with whom they have a confidential relationship unless they have obtained the prior consent of the person or organization or the disclosure cannot be avoided, and (2) they disclose information only to the extent necessary to achieve the purposes of the consultation. "

consultation:

Standard 4.06 states that "when consulting with colleagues, (1) psychologists do not disclose confidential information that reasonably could lead to the identification of a client/patient, research participant, or other person or organization with whom they have a confidential relationship unless they have obtained the prior consent of the person or organization or the disclosure cannot be avoided, and (2) they disclose information only to the extent necessary to achieve the purposes of the consultation."

testimonials:

Standard 5.05 states that "psychologists do not solicit testimonials from current therapy clients/patients or other persons who because of their particular circumstances are vulnerable to undue influence ."

Client Testimonials

Standard 5.05 states that "psychologists do not solicit testimonials from current therapy clients/patients or other persons who because of their particular circumstances are vulnerable to undue influence."

In-Person Solicitation

Standard 5.06 states that "psychologists do not engage, directly or through agents, in uninvited in-person solicitation of business from actual or potential therapy clients/patients or other persons who because of their particular circumstances are vulnerable to undue influence." It also identifies two exceptions to this prohibition- i.e., making "collateral contacts for the purpose of benefiting an already engaged therapy client/patient... [and] providing disaster or community outreach services."

solicitation of business

Standard 5.06 states that "psychologists do not engage, directly or through agents,in uninvited in-person solicitation of business from actual or potential therapy clients/patients or other persons who because of their particular circumstances are vulnerable to undue influence." This prohibition does not apply to inviting family members to participate in therapy that would benefit a current client or offering disaster or community outreach services.

withholding records:

Standard 6.03 states that "psychologists may not withhold records under their control that are requested and needed for a client's/patient's emergency treatment solely because payment has not been received."

Collection Agencies

Standard 6.04 states that "if the recipient of services does not pay for services as agreed, and if psychologists intend to use collection agencies or legal measures to collect the fees, psychologists first inform the person that such measures will be taken and provide that person an opportunity to make prompt payment."

collection agencies

Standard 6.04 states that "if the recipient of services does not pay for services as agreed, and if psychologists intend to use collection agencies or legal measures to collect the fees, psychologists first inform the person that such measures will be taken and provide that person an opportunity to make prompt payment."

barter:

Standard 6.05 states that "psychologists may engage in barter for their services only when (1) it is not clinically .contraindicated, and (2) the resulting arrangement is not exploitative."

Barter

Standard 6.05 states that "psychologists may engage in barter for their services only when (1) it is not clinically contraindicated, and (2) the resulting arrangement is not exploitative."

Referral Fees

Standard 6.07 states: "When psychologists pay, receive payment from, or divide fees with another professional, other than in an employer-employee relationship, the payment to each is based on the services provided (clinical, consultative, administrative, or other) and is not based on the referral itself."

referral fees:

Standard 6.07 states:"When psychologists pay, receive payment from, or divide fees with another professional, other than in an employer-employee relationship, the payment to each is based on the services provided (clinical, consultative, administrative, or other) and is not based on the referral itself."

Sexual Relations with Students and Supervisees

Standard 7.07 states that "psychologists do not engage in sexual relationships with students or supervisees who are in their department, agency, or training center or over whom psychologists have or are likely to have evaluative authority."

informed consent for research

Standard 8.02 states that,when obtaining informed consent for research, "psychologists inform participants about (1) the purpose of the research, expected duration, and procedures; (2) their right to decline to participate and to withdraw from the research once participation has begun; (3) the foreseeable consequences of declining or withdrawing ;(4) reasonably foreseeable factors that may be expected to influence their willingness to participate such as potential risks, discomfort, or adverse effects; (5) any prospective research benefits; (6) limits of confidentiality; (7) incentives for participation; and (8) whom to contact for questions about the research and research participants' rights."

Informed Consent for Research

Standard 8.02 states: "(a) When obtaining informed consent ... psychologists inform participants about (1) the purpose of the research, expected duration, and procedures; (2) their right to decline to participate and to withdraw from the research once participation has begun; (3) the foreseeable consequences of declining or withdrawing; (4) reasonably foreseeable factors that may be expected to influence their willingness to participate such as potential risks, discomfort, or adverse effects; (5) any prospective research benefits; (6 limits of confidentiality; (7) incentives for participation, and (8) whom to contact for questions about the research and research participants' rights."

deception in research

Standard 8.07 states that deception is acceptable only when the following conditions are met: (1) The use of deception is justified by the "study's significant prospective scientific, educational, or applied value and ... effective nondeceptive alternative procedures are not feasible"; (2) prospective participants are not deceived about conditions that could be "reasonably expected to cause physical pain or severe emotional distress"; and (3) participants will be debriefed "preferably at the conclusion of their participation, but no later than at the conclusion of the data collection."

Deception in Research

Standard 8.07 states that deception is acceptable only when the following conditions are met: (a) The use of deception is justified by the "study's significant prospective scientific, educational, or applied value and ... effective nondeceptive alternative procedures are not feasible"; (b) prospective participants are not deceived about conditions that can be "reasonably expected to cause physical pain or severe emotional distress"; and (c) participants will be debriefed "preferably at the conclusion of their participation, but no later than at the conclusion of the data collection."

Animals in Research

Standard 8.09 requires psychologists to "acquire, care for, use, and dispose of animals in compliance with current federal, state, and local laws and regulations, and with professional standards" and " to make reasonable efforts to minimize the discomfort, infection, illness, and pain of animal subjects." It also states that "when it is appropriate that an animal's life be terminated, psychologists proceed rapidly, with an effort to minimize pain and in accordance with accepted procedures."

animals in research

Standard 8.09 requires psychologists to "acquire, care for, use, and dispose of animals in compliance with current federal, state, and local laws and regulations, and with professional standards" and "to make reasonable efforts to minimize the discomfort, infection, illness, and pain of animal subjects." It also states that, "when it is appropriate that an animal's life be terminated, psychologists proceed rapidly, with an effort to minimize pain and in accordance with accepted procedures."

Publication Credit

Standard 8.12 states: "(a) Psychologists take responsibility and credit, including authorship credit, only for work they have actually performed or to which they have substantially contributed ... [and] (b) Principal authorship and other publication credits accurately reflect the relative scientific or professional contributions of the individuals involved, regardless of their relative status."

publication credit:

Standard 8.12 states:"(a) Psychologists take responsibility and credit,including authorship credit, only for work they have actually performed or to which they have substantially contributed....(b) Principal authorship and other publication credits accurately reflect the relative scientific or professional contributions of the individuals involved, regardless of their relative status."

test data:

Standard 9.04 defines test data as "raw and scaled scores, clienUpatient responses to test questions or stimuli, and psychologists' notes and recordings concerning client/patient statements and behavior during an examination." It also states that "pursuant to a client/patient release, psychologists provide test data to the client/patient or other persons identified in the release."

Test Data and Test Materials

Standard 9.04 defines test data as "raw and scaled scores, client/patient responses to test questions or stimuli, and psychologists' notes and recordings concerning client/patient statements and behavior during an examination." It also states that "pursuant to a client/patient release, psychologists provide test data to the client/patient or other persons identified in the release." Standard 9.11 requires psychologists to "make reasonable efforts" to protect the integrity and security of test materials, which include "manuals, instruments, protocols, and test questions or stimuli."

obsolete tests and test data

Standard 9.08 states that psychologists "do not base their assessment or intervention decisi,ons or recommendations on data or test results that are outdated for the current purpose ... [and] do not base such decisions or recommendations on tests and measures that are obsolete and not useful for the current purpose."

Obsolete Tests

Standard 9.08 states that psychologists "do not base their assessment or intervention decisions or recommendations on data or test results that are outdated for the current purpose... [and] do not base such decisions or recommendations on tests and measures that are obsolete and not useful for the current purpose."

Test Scoring and Interpretation Services

Standard 9.09 states: "(a) Psychologists who offer assessment or scoring services to other professionals accurately describe the purpose, norms, validity, reliability, and applications of the procedures and any special qualifications applicable to their use ... [and] (c) Psychologists retain responsibility for the appropriate application, interpretation, and use of assessment instruments, whether they score and interpret such tests themselves or use automated or other services."

scoring and interpretation services

Standard 9.09 states: "(a) Psychologists who offer assessment or scoring services to other professionals accurately describe the purpose, norms, validity, reliability, and applications of the procedures and any special qualifications applicable to their use.... (c) Psychologists retain responsibility for the appropriate application, interpretation, and use of assessment instruments, whether they score and interpret such tests themselves or use automated or other services."

test materials

Standard 9.11 requires psychologists to "make reasonable efforts" to protect the integrity and security of test materials, which include "manuals, instruments, protocols, and test questions or stimuli."

I am conducting an evaluation for the court and want to assess for the possible presence of malingering or defensiveness. I pick as one of my assessment instruments, the MMPI-2. This method best fits with Rogers':

Standard perspective.

Education and Supervision

Standards 7.01 through 7.06 address education and supervision and require psychologists to act competently and responsibly when teaching, supervising, and designing education and training programs and to avoid misrepresenting themselves or their work when performing these functions.

Includes three parts: 1. test construction, evaluation, and documentation 2. fairness in testing 3. testing application

Standards for educational and psychological testing

Which landmark case established the minimum age of death penalty eligibility as age 16?

Stanford v. Kentucky (1989).

The first published case in which an American psychologist qualified as an expert appears to have been:

State v. Driver.

Which of the following is the first published case in which an American psychologist qualified as an expert?

State v. Driver. The first published case in which an American psychologist qualified as an expert appears to have been State v. Driver (1921).

In capital trials, specific circumstances may be found to be present by the trier of fact that may result in a verdict other than death. These circumstances/factors are known as:

Statutory mitigating factors.

Consent and capacity

Still seek assent (agreement), unless legally determined they are not capable of doing so. When adult client not been declared legally incompetent but psychologist has concerns about ability to consent, proceed with caution, may seek consultation, and engage in shared decision processing wit parents or other caregivers.

sexual relationships with students or supervisees

Stndard 7.07 states that "psychologists do not engage in sexual relationships with students or supervisees who are in their department, agency, or training center or over whom psychologists have or are likely to have evaluative a\,lthority."

Pro Bono

Strive to contribute a portion of their time for little or no compensation or personal advantage. Pro bono is recommended not required.

Limits of confidentiality and services provided by military psychologists to personnel

Strive to protect confidentiality. Must clearly explain the limits of confidentiality (e.g. when the psychologist believes that the client is unfit for duty or poses a threat to national security) and discuss concerns related to who the client is in that situation.

After reviewing the literature on violence risk assessment, I identify risk and protective factors to integrate into a risk assessment tool. I have just created what sort of tool?

Structured Professional Judgment assessment tool.

Sexual relationships with students and supervisees

Students do not engage in sexual relationships with students or supervisees who are in their department, agency, or training center or over whom psychologists have or are likely to have evaluative authority.

Consultation/Supervision/training, generally considered to be an on-going process with careful scrutiny of a case.

Supervision

Consultation/Supervision/training/referral, Typically sought when you are not ready to practice independently in the area or with a new population

Supervision

Consultation/Supervision/training/referral, applying a newly learned technique

Supervision

Consultation/Supervision/training/referral, beginning to work with a specialized population

Supervision

Consultation/Supervision/training/referral, treating a disorder you are trained in but no clinical experience

Supervision

The K scale on the MMPI-2 is what sort of scale/variable?

Suppressor

You give me a measure to determine if I am feigning cognitive impairment. I score well below chance on the measure. What strategy have you used to detect my feigning of cognitive impairment?

Symptom Validity Testing.

I am being evaluated for a possible insanity defense. When asked about my mental health history, I report experiencing symptoms that are questionable. Upon further inquiry, I describe my symptoms, all of them, as unbearable. Which detection strategy would you most likely be relying if you were the examiner?

Symptom severity

What should be done if, after evaluating a high school student who is having conflicts with a teacher, a psychologist concludes the teacher, rather than the student, needs psychological attention?

Talk to the teacher alone in order to safeguard the teachers rights and minimize harm or embarrassment

The landmark case that a "duty to protect" upon a treating therapist was:

Tarasoff v. Regents of the University of California (1976).

Name of the initial danger to another person case

Tarasoff versus Regents. Occurred at UC Berkeley when parents sued psychiatrists and psychologist over being informed of murderer's intent to kill their daughter.

What should a psychologist to do if a client they are seeing on condition of probation says s/he wants to terminate therapy?

Tell the client s/he has the right to leave, but explain the legal ramifications of doing so

When it becomes reasonably clear that a client no longer needs services, is unlikely to benefit, or is being harmed by continued services, what is the psychologist's best course of action?

Terminate therapy

APA sanctions

Termination of APA membership, notifying other bodies/individuals of members' or nonmembers' actions (e.g. state psychological orgs, other prof groups, psych boards, state/federal agencies, and payers for health services). No automatic legal consequences.

9.04 Release of Test Data

Test data = refers to raw and scaled scores, client/patient responses to test questions or stimuli, and your notes and recordings concerned client/patient statements and behavior during an examination, as well as those portions of test material that include client/patient responses (a) Pursuant to a client/patient release, you provide test data to the client/patient or other persons identified in the release; you may refrain from releasing test data to protect a client/patient or others from substantial harm or misuse or misrepresentation of the data or the test, recognizing that in many instances, release of confidential information under these circumstances is regulated by law (b) In the absence of a client/patient release, provide test data only as required by law or court order

9.11 Maintaining Test Security

Test materials = manuals, instruments, protocols, and test questions or stimuli and does not include test data 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 adherences to the Code

The Client Welfare standard of the APA Ethics Code requires what?

That reasonable steps are taken by psychologists to AVOID AND MINIMIZE HARM to clients, students, research participants, and others with whom they work

The Client Welfare standard of the APA Ethics Code requires what?

That reasonable steps are taken by psychologists to avoid and minimize harm to clients, students, research participants, and others with whom they work

What is the primary value underlying the existence of Ethical Principles?

The ADVANCEMENT and PROTECTION of the welfare of the patients and clients of psychologists

when a patient can't afford therapy

The APA Ethics Code states that psychologists may not abandon patients. However, It is generally not in the best interests of a patient to run up a very large unpaid bill, nor are psychologists obligated to see patients who cannot pay pro bono. You should continue treatment until an appropriate referral can be made.

What was the stance the American Psychological Association (APA) take during the reform of the insanity defense?

The APA did not take a stance.

In U.S. v. Brawner (1972), which insanity test was applied?

The American Law Institute (ALI) Model Penal Code.

Includes provisions granting the right to access one's own educational records, as well as limiting disclosure to others.

The Buckley Amendment or FERPA

_______________________________ protects the privacy of student records in higher education institutions.

The Buckley Amendment or FERPA

An instrument designed to assess the competence of defendants diagnosed with intellectual disorders (formerly known as mental retardation) is:

The CAST-MR

One of the consequences of NOT addressing the ultimate issue with regard to insanity evaluations is:

The Courts will begin to turn to less competent, less ethical experts.

EPPP:

The EPPP (Examination for Professional Practice in Psychology) is "provided to state and provincial boards of psychology to assist them in their evaluation of the qualifications of applicants for licensure and certification" (ASPPB, 2012, p. 4). It is constructed by the ASPPB in conjunction with the Professional Examination Service (PES), and its goal is to "evaluate the knowledge that the most recent practice analysis has determined as foundational to the competent practice of psychology" (p. 4).

EPPP

The EPPP (Examination of Professional Practice in Psychology) is a requirement for licensure in the United Stated and Canada. It is prepared by the Association of State and Provincial Psychology Boards (ASPPB) and is designed to assist the boards "in their evaluation of the qualifications of applicants for licensure and certification" by assessing "the knowledge that the most recent practice analysis has determined as foundational to the competent practice of psychology" (ASPPB, 2010).

_________ applies only to professional and scientific activities of psychologists, and NOT to their private conduct.

The Ethics Code

activities that are part of scientific, educational, or professional roles as psychologists

The Ethics Code applies only to these

These were adopted as a means of self-regulation in the public interest, and its provisions are general and aspirational.

The General Guidelines for Providers of Psychological Services

General Guidelines for Providers of Psychological Services

The General Guidelines was adopted "as a means of self-regulation in the public interest." It presents aspirational guidelines for providers of psychological services (except for those who teach psychology, conduct research, or write and edit scientific manuscripts), and its goal is to "improve the quality, effectiveness , and accessibility of psychological services."

General Guidelines for Providers of Psychological Services

The General Guidelines were adopted "as a means of self-regulation in the public interest," and its provisions are general and aspirational. It delineates basic guiding principles for all providers of psychological services (except for those who teach psychology, conduct research, or write and edit scientific manuscripts), and its goal is to "improve the quality, effectiveness, and accessibility of psychological services."

Guidelines for Providers of Psychological Services to Ethnic, Linguistic, and Culturally Diverse Populations

The Guidelines for Providers of Psychological Services to Ethnic, Linguistic, and Culturally Diverse Populations presents aspirational principles and guidelines for psychologists working with members of ethnic, linguistic, and culturally diverse populations. It emphasizes the importance of competence and presents recommendations for incorporating cultural issues and knowledge into practice.

HIPPA stand for:

The Health Insurance Portability and Accountability Act

Specialty Guidelines for Forensic Psychology

The goals of the Specialty Guidelines for Forensic Psychology "are to improve the quality of forensic psychological services; enhance the practice and facilitate the systematic development of forensic psychology; encourage a high level of quality in professional practice; and encourage forensic practitioners to acknowledge and respect the rights of those they serve." It provides guidelines on several issues encountered by practitioners of "forensic psychology" (e.g., multiple relationships, fees, informed consent, and confidentiality), which it defines as "professional practice by any psychologist working within any sub-discipline of psychology (e.g., clinical, developmental, social, cognitive) when applying the scientific, technical, or specialized knowledge of psychology to the law to assist in addressing legal, contractual, and administrative matters."

All of the following are true EXCEPT:

The majority of insanity cases are hotly contested. The majority of insanity cases are not contested, especially given that only such a small percentage of them are attempted and an even smaller percentage successful. You probably saw this when you reviewed your notes and saw that this was one of the most common misperceptions regarding the insanity defense.

psychologists' ability to predict violent behavior

There is widespread disagreement in the field regarding clinicians' abilities to predict violent behavior using either instruments or clinical judgment. It is not unethical to predict violent behavior, however, it is crucial that a psychologist use caution when making such predictions, and discuss the likelihood of error involved in the predictions.

Specialty Guidelines for Forensic Psychology

This document provides aspirational guidelines for psychologists engaged in the practice of forensic psychology, which "refers to professional practice by any psychologist working within any sub-discipline of psychology (e.g., clinical, developmental,social, cognitive) when applying the scientific, technical, or specialized knowledge of psychology to the law to assist in addressing legal, contractual, and administrative matters."

As an expert witness, you make an arrangement to be paid for your services. However, the retaining attorney informs you that you will be paid based upon how your testimony impacts the outcome of the trial. This practice is:

This is actually not permitted according to the Specialty Guidelines for Forensic Psychologists.

Sexual relationships with student and supervisees types of students

This prohibition clearly applies to a psychologist's current student and supervisees but may not apply to former students and supervisees and students in other departments.

The primary purpose of the Standards for Educational and Psychological Testing is what?

To provide criteria for evaluating whether tests are properly used

inform the client about the developing nature of the treatment, discuss the potential risks and alternative treatments, and emphasize that participation is voluntary

To provide informed consent for therapy provided of the Internet via email, videoconferencing, or chat rooms, psychologists shsould

Descriptions of workshops and other non-degree-granting educational programs.

To the degree they can exercise control, psychologists are responsible for announcements, catalogues, brochures etc describing non-degree-granting educational programs (e.g., workshops and educational programs). Ensure they accurately describe the audience, educational objectives, presenters, and fees involved.

5.03 Descriptions of Workshops and Non-Degree-Granting Educational Programs

To the degree to which they exercise control, psychologists have to accurately describe workshops, seminars, etc that they are providing

Consultation/Supervision/training/referral, vital when psychologists are unfamiliar with a certain area of knowledge.

Training

Consultation/Supervision/training/referral, you test adults, but when to extend into adolescents

Training then supervision

A psychologist in a rural community is asked to treat a man with Agoraphobia. While the psychologist has treated other anxiety disorders, she has never treated Agoraphobia. She should:

Treat the woman while making reasonable effort to obtain the competence required by using relevant research, training, consultation, or study

With civil commitment, the emphasis is on:

Treatment.

Prior to the 1960s, there were no standard methods for assessing competency.

True

The outcome of Daubert v. Merrell Dow Pharm. is more conservative than that of Frye

True

True or False, According to The Buckley Amendment (FERPA), parents cannot access education records (including student health records) without student consent.

True

True or False, a psychologist may request the judge to modify a court order, so that only part of a record is revealed

True

True or false, confidential information can be shared without consent, when permitted or mandated by law

True

Awareness of applicable legal standards is an ethical responsibility in forensic practice.

True.

In Sell v. United States (2003), the Supreme Court of the United States held that psychotropic medication (anitpsychotics) could be administered against a defendant's will for the purpose of restoring competency, but only in limited circumstances.

True.

In re Gault et al. essentially asked what are the due process rights for juveniles charged with being "delinquents?"

True.

True or False: Regarding confidentiality in group therapy, group members are on their own honor to maintain confidentiality?

True. Group members have no legally or ethically enforceable obligation to maintain the confidence of what they hear from other group members

In 1990, Andrews, Bonta, & Hoge outlined three distinct concepts as an early conceptual step in that decade. The three concepts were risk, need, and responsivity or RNR.

True. RNR was borne out of this early conceptual step.

In Crime and Personality, Hans J. Eysenck formulated the first comprehensive theoretical statement on criminal behavior advanced by a psychologist.

True. This is a true statement. This was Eysenck's formulation.

Attorneys who do not use expert witnesses in actively pursuing their client's interests fail in their professional duties and risk sanctions.

True. This is true. Attorneys are specifically required to provide the best and most vigorous advocacy for their client(s). Failure to do so would result in sanctions.

The state of Montana does not have an insanity defense.

True. You obviously recall from your review of Montana v. Egelhoff (1996) that the state does not have an insanity defense; however, it does have the mens rea defense.

The roles of a psychologist in a personal injury evaluation include serving as a consultant to an attorney.

True. a psychologist may serve as a fact witness, an expert witness, or a consultant.

Vicarious liability

Under circumstances supervisors and employers maybe legally responsible for the actions of their supervisee/employee. Legal determination often lies in the disparity in training and experience between supervisor/employer and supervisee/employee and the right, ability, responsibility if the supervisor/employer to control the actions of the supervisee/employee.

Conduct the examination over the objection, and without the consent, of the examinee. If the examinee declines to proceed after being notified of the nature and purpose of the forensic examination, the forensic examiner may consider a variety of options including postponing the examination, advising the examiner to contact his or her attorney, and notifying the retaining party about the examinee's unwillingness to proceed

Under the Specialty Guidelines for Forensic Psychology (APA, 2011), of an examinee is ordered by the court to participate, the forensic practitioner can

Maintaining competence

Undertake ongoing efforts to develop and maintain their competence.

Is it ethical or unethical to deny employment, admission to academic or other programs, advancement, or promotion to someone who has previously made or been the subject of an ethics complaint?

Unethical

Is it ethical or unethical for a psychologist to provide therapy to a person they previously had sexual relations with?

Unethical - this is absolute; there are no time limits or exceptions

You routinely waive the co-payment of less wealthy clients who are insured, since you offer clients without insurance a sliding scale. This is:

Unethical and illegal since the insurance company has not been informed

It is ________ for a university professor to omit areas of research in a course he's teaching because the research does not fit well with his orientation and does not support his theory.

Unethical as the professor's behavior is likely to mislead students

A forensic psychologist is ordered by the court to evaluate a celebrity accused of assault and battery. Part of the evaluation is used in the trial and becomes a matter of public record. At the end of the trial, in which the defendant was found guilty, the psychologist writes a book including information about parts of the evaluation not discussed in court. These actions are:

Unethical but legal, as information disclosed in court-ordered evaluations are not privileged

It is _______ to train and allow an assistant with a B.A. in sociology to administer, interpret, and write a report on the WAIS-IV.

Unethical, as the assistant is clearly unqualified to perform such duties

A psychologist is dating a graduate student in his class who is older than other students and has returned to school after 15 years. The psychologist's behavior is:

Unethical, regardless of whether sex is involved, because it is a dual relationship with clear potential for harm or exploitation

A psychologist is dating a graduate student in his class who is older than other students and has returned to school after 15 years. The psychologists behavior is:

Unethical, regardless of whether sex is involved, because it is a dual relationship with clear potential for harm or exploitation

Is it ethical or unethical for a psychologist to provide therapy to a person they previously had sexual relations with?

Unethical- this is absolute, there are no time limits or exceptions

Limits of confidentiality timing and electronic transmission

Unless it is not feasible or contraindicated the confidentiality discussion occurs at the outset and as new circumstances may warrant. Those who offer services, products, or information via electronic transmission inform patients and/or clients the limits of confidentiality.

Release it but take steps to prevent its misuse

When a client authorizes release of obsolete data

continue providing therapy at a mutually agreed upon reduced fee or, if this is not feasible, help the client locate alternative services

When a client can no longer afford therapy, the best course of action would be to

Inform each employee about the purpose and implications of the evaluation and what information will be shared with the employer and to let the employer know about the psychologist's obligation to provide only information about employees that is relevant to the purpose of the evaluation

When a psychologist is hired by an employer to evaluate employees for promotability, they are ethically obligated to

what to do when subpoena'd

When a psychologist receives a subpoena but the patient does not want the records released, the psychologist needs to appear in court and assert privilege. Keep in mind that a subpoena duces tecum requires a person to appear at a designated time and place with a copy of the records. It does not necessarily require the person to release those records. If the court does not believe that privilege should be maintained, a court order is issued to disclose the records. The psychologist must then comply with the court order and release the records; otherwise, he will be held in contempt of the court and will face legal action. It is never acceptable to ignore a subpoena. In most cases, it is considered risky and poor judgment to contact the plaintiff's attorney. Unless there is a court order, releasing the records against the patient's wishes would constitute an unacceptable breach of confidentiality.

Proceed with caution and may want to seek consultation and/or engage in a shared decision-making process with the individual's parents or other caregivers

When an adult client has not been declared legally incompetent but the psychologist is uncertain about the client's ability to provide informed consent, the psychologist should

assent and permission from a legally authorized person

When an individual is a minor or otherwise legally incapable of giving consent psychologists obtain this

Consultations

When consulting with colleagues do not disclose confidential information that could lead to identification of client, research participant, or other person unless they have obtained prior consent from the person or organization or disclosure cannot be avoided, and only to the extent necessary to achieve the purpose of consultation.

4.06 Consultations

When consulting with colleagues, (1) psychologists do not disclose confidential information that reasonably could lead to the identification of a client/patient, research participant, or other person or organization with whom they have a confidential relationship unless they have obtained the prior consent of the person or organization or the disclosure cannot be avoided, and (2) they disclose information only to the extent necessary to achieve the purposes of the consultation. (See also Standard 4.01, Maintaining Confidentiality.)

Fees and payment discussion

When discussing fees, psychologists should ensure the client is aware of the therapist's hourly fee, policy regarding missed appointments, arrangements with third party payers and procedures for collecting unpaid bills.

When is informed consent to research not necessary?

When dispensing with it clearly poses NO HARM or is SCIENTIFICALLY JUSTIFIABLE, such as in naturalistic observation or anonymous questionnaire

When is informed consent to research not necessary?

When dispensing with it clearly poses no harm or is scientifically justifiable, such as in naturalistic observation or anonymous questionnaires

Boundaries of Competence in emerging areas

When general recognized standards for preparatory training do not exist, reasonable steps to ensure competence of their work and protect clients, students, supervised, research participants, organizational clients and others from harm.

Cooperation with other professionals

When indicated and professionally appropriate, psychologists cooperate with other professionals in order to serve their clients effectively and appropriately.

3.09 Cooperation with Other Professionals

When indicated and professionally appropriate, psychologists cooperate with other professionals in order to serve their clients/patients effectively and appropriately.

8.01 Institutional Approval

When institutional approval is required, psychologists provide accurate information about their research proposals and obtain approval prior to conducting the research. They conduct the research in accordance with the approved research protocol.

Institutional Approval

When institutional approval is required, psychologists provide accurate information about their research proposals and obtain approval prior to conducting the research. They conduct the research in accordance with the approved research protocol.

First state they are claiming privilege on the client's behalf, then release information only when ordered to do so by the court or if the client or their representative consents to the release

When is psychologist is asked to disclose confidential information in a legal proceeding, they should

Informed consent to research

When obtaining informed consent, psychologists inform participants about: 1)purpose, duration and research procedures; 2) right to decline or withdraw from research once participation has began; 3) consequences of declining or withdrawing; 4) factors that may influence their willingness to participate; 5) possible research benefits; 6) limits of confidentiality; 7) incentives for participation; and 8) whom to contact for questions about research and research participants' rights. Opportunity for participants to ask questions.

Media presentations and exceptions

When providing public advice, must take precautions to ensure statements. This does not apply to services that are provided to a client in the context of a professional relationship (e.g., psychologist who provides services to a current client via internet or telephone)

Media presentations

When providing public advice, must take precautions to ensure statements: 1) are based on professional knowledge, training, or experience in accord with appropriate psych literature and practice; 2) consistent with the Ethics Code; 3) do not indicate a professional role has been established with the recipient.

3.07 Third-Party Requests for Services

When psychologists agree to provide services to a person or entity at the request of a third party, psychologists attempt to clarify at the outset of the service the nature of the relationship with all individuals or organizations involved. This clarification includes the role of the psychologist (e.g., therapist, consultant, diagnostician, or expert witness), an identification of who is the client, the probable uses of the services provided or the information obtained, and the fact that there may be limits to confidentiality.

Third-party requests for services

When psychologists agree to provide services to a person or entity at the request of a third party, they attempt to clarify the nature of the relationship with all individuals or organization involved. Includes the role of the psychologists, identify of who is the client, possible uses of services provided or information obtained, and limits of confidentiality.

Referrals and fees

When psychologists pay, receive payment from, or divide fees with another professional, other than in an employer-employee relationship, the payment to each is based on the services provided (clinical, consultative, administrative or other) and is not based on the referral itself.

6.07 Referrals and Fees

When psychologists pay, receive payment from, or divide fees with another professional, other than in an employer-employee relationship, the payment to each is based on the services provided (clinical, consultative, administrative, or other) and is not based on the referral itself. (See also Standard 3.09, Cooperation with Other Professionals.)

5.04 Media Presentations

When psychologists provide public advice or comment via print, Internet, or other electronic transmission, they take precautions to ensure that statements (1) are based on their professional knowledge, training, or experience in accord with appropriate psychological literature and practice; (2) are otherwise consistent with this Ethics Code; and (3) do not indicate that a professional relationship has been established with the recipient. (See also Standard 2.04, Bases for Scientific and Professional Judgments.)

make clients aware of the fact and take special care to protect clients from harm

When psychologists use new or experimental techniques, they should

When might the use of interpreters in psychotherapy be ethical?

When steps have been taken to avoid a multiple relationship between the interpreter and the client

Charge letter

When the Ethics Committee decides it is appropriate to pursue a formal case investigation, it sends a

Limits of confidentiality and employee assistance programs (EAPs)

When the client signs an authorization for release of confidential information and in situations where disclosing confidential information is permitted by law may confidentiality be breached.

When should a psychologist make a formal report to the Ethics Committee, state licensing board, or other appropriate authority regarding unethical behavior by a colleague?

When the problem involves "substantial harm" AND is not appropriate for an informal resolution OR has not been resolved satisfactorily by an attempt at an informal resolution

When should a psychologist make a formal report to the Ethics Committee, state licensing board, or other appropriate authority regarding unethical behavior by a colleague?

When the problem involves "substantial harm" and is not appropriate for an informal resolution or has not been resolved satisfactorily by an attempt at an informal resolution

When recording voices/images in research, when is informed consent NOT required?

When the research consists solely of naturalistic observations in public places AND It is not anticipated that the recording will be used in a manner that could cause personal identification or harm

When recording voices and/or images in research, when is informed consent not required?

When the research consists solely of naturalistic observations in public places, and it is not anticipated that the recording will be used in a manner that could cause personal identification or harm

Informed consent and court ordered

When the services are court ordered or mandated, the psychologist informs the individual of the nature of the anticipated services, including whether services are court ordered or mandated and any limits of confidentiality before proceeding.

When would it be ethical for a psychology professor to modify a course syllabus several weeks after the course began?

When the students are made aware of these modifications in a manner that enables them to fulfill course requirements

When can a psychologist use client testimonials?

When they are not solicited from current therapy clients or other persons who, because of their circumstances, are vulnerable to undue influence

10.03 Group Therapy

When you provide services to several people in a group setting, describe at the outset the roles and responsibilities of all parties and the limits of confidentiality

A defendant is evaluated for competency to stand trial. He informs you, the evaluator, that he has no problem with consulting with his attorney and that he is aware of the charges against him. However, during the interview he informs you that the judge and jury will be releasing him soon, as the Trilateral Commission is working behind the scenes to make this happen. It also becomes apparent that he believes his defense attorney and the prosecutor are part of the "Trilateral Commission." Which prong of the Dusky standard does he seem to fail?

Whether he has a rational as well as factual understanding of the proceedings against him.

The issue at hand in Jenkins v. United States (1962) was:

Whether or not a clinical psychologist could provide expert testimony that a criminal defendant had a mental disease when he committed the crimes charged.

A psychologist has been meeting regularly with a child whose parents recently filed for divorce and have requested a child custody evaluation. What course of action should the psychologist take?

While not required, The Guidelines states psychologists generally avoid conducting such evaluations when s/he has served in a therapeutic role for the child or their family

o Score Adjustment

Women and members of minority grps tend to score lower •• Several methods for compensating for this bias • Separate Cutoffs • Within Grp Norming—converting raw scores to standard scores, % ranks w/in each grp and then using same predetermined cutoff for both grps • Banding—treating scores w/in given score range as equivalent

what to do when patient can't pay and has insurance

You are not allowed to waive co-payments because such a practice is equivalent to misrepresenting your fee and/or breaking your agreement with the insurance company. Terminating treatment without providing an appropriate referral, would constitute patient abandonment. It is sometimes acceptable to write off a patient's co-payments, but only if it is discussed beforehand with the insurance company and the insurance company agrees to your practice.

Which of the following landmark cases was demonstrative of linking competence to the United States Constitution?

Youtsey v. United States

professional will

a document specifying how client records/cases should be handled in the event of the therapist's death

capitation

a fixed amount of money paid per person, not by the visit or procedure. Managed care companies usually express capitation in terms of cost per member per month.

Testimony

a formal written or spoken statement, especially one given in a court of law. Therapist can assert therapist-client privilege and refuse until court-ordered to do so

have all parties agree at the outset of treatment what kinds of information will and will not be disclosed, even though the agreement may not be legally binding

a good practice re: confidentiality in conducting therapy with minors

Interruption of psych services, plans for continuation of care are often termed "__________"

a professional will

if they were being abused by the parent/guardian

a reason the minor would be the holder of the privilege rather than the parent/guardian

Merely taking an internship or acquiring experience in a practicum or employment setting is not adequate preparation for _____________________________________

a retraining psychologist (switching specialties clinical, counseling, IO, school)

Unless serious threat, or required by law, to disclose psychotherapy notes to anyone, the patient must complete a ____________________________________.

a specific and detailed authorization

Accuracy in teaching

a) Ensure the course syllabi are accurate regarding subject matter to be covered, bases for evaluation progress, and the nature of the course experiences. This does not preclude modifying course content or requirements when the instructor considers it pedagogically necessary or desirable, so long as the students are made aware of the modifications in a manner that enables them to fulfill course requirements. B) In teaching or training, psychologists present psychological information accurately.

Statement by others

a) Psychologists who engage others to create or place public statements that promote their professional practice, products or activities retain professional responsibility for such statements. B) They do not compensate employees of press, media or other media in return for publicity in a news item. C) Paid advertisement must be identified and clearly recognized as such.

Avoidance of false or deceptive statements and public statements

a) Public statements (e.g., advertising, product endorsements, grant applications, licensing applications, CV, comments for media). Do not knowingly make public statements false, deceptive, or fraudulent concerning their research, practice, or other work activities or those of persons or organizations they are affiliated to.

Tarasoff and when not having a duty to warn/protect

a) if the client reveals they killed a person ten years ago but was not questioned by the police, b) their brother in-law is thinking about killing his boss, or c) if they said they are mad enough to kill someone, but no intended victim.

8.04 Client/Patient, Student, and Subordinate Research Participants

a. When psychologists conduct research with clients/patients, students or subordinates as participants, psychologists take steps to protect them from adverse consequences of declining or withdrawing participation b. When research participation is a course requirement an alternative activity must be provided

8.06 Offering Inducements for Research Participation

a. psychologists make reasonable efforts to avoid offering excessive or inappropriate financial or other inducement s to avoid coersion b. when offering professional services as inducement, psychologists clarify the nature of the services as well as risks, obligations, and limitations

Services through organizations, if feedback is precluded for legal or organizational reasons, should inform the person of this fact ______________.

ahead of time

According to your text, the best approach to cross-examination is:

all of the above

Education and training, descriptions of education and training programs must be accurate in terms of content, goals, stipends, as well as _____________________.

any requirements for counseling

HIPAA (Health Insurance Portability and Accountability Act)

applies to "cover entities" including health plans, health care clearinghouses, and healthcare providers who transmit health information electronically

With the rare exception of private practice that does not accept third-party reimbursements or use electronic transmission, HIPAA ________________________________.

applies to all psychologists

establish a safety contract, contact the client's family, or having the client hospitalized, and discuss all intended actions with the client and disclose to others only what is relevant

appropriate actions when a client is a danger to themself

HIPPA - Psychologist Duties, Safeguarding Access to PHI, Practitioners must take _____________ and ____________ actions such as locking filing cabinets, ensuring password protection, and encrypting emails that contain PHI.

appropriate and reasonable

Assessments, recommendations, and reports, including forensic testimony, should be based on techniques that are _________________________________.

appropriate and sufficient

encourage the client to contact the police

appropriate response to reports of past crimes or hearsay threats

HIPAA Transaction Rule, Practitioners who submit claims electronically must either use __________________ or contract with a _________________.

appropriate software; health-care clearinghouse

Psychologists should not promote the use of assessment by unqualified persons, unless it is in the context of an ______________________________-.

appropriate training program

providing services in emergencies

can provide in emergencies when other services are not available so that services are not denied. must be discontinued when emergency has ended or appropriate services are available.

HIPPA - Psychologist Duties, Psychologists must obtain ___________________________ that business associates (e.g., billing companies) comply with HIPAA.

contractual assurances

In O'Connor v. Donaldson (1975), the Court held that the State:

could NOT constitutionally confine a non-dangerous individual who is capable of surviving safely in freedom by himself or with the help of willing and responsible family members or friends.

In contrast to subpoena, a ____________ is signed by a judge and carries the weight of the law.

court order

The psychologist must comply with any __________ or held in contempt of court. Psychologist should maintain frequent communication with client and client's attorney.

court order

In a _____________________ privilege does not exist.

court-appointed evaluation

In _______, the court has right to information and there is no confidentiality or need for a release.

court-appointed evaluations

In __________________,the court hires the psychologist and the client is the court.

court-appointed evaluations

In _________, the client is the client, and therefore the client has confidentiality rights and there is a need for a release

court-ordered therapy

the psychologist must generally obtain a signed release of information from the client in order to communicate with the court

court-ordered therapy

Third-Party Requests for services examples

court-ordered treatment and evals, services to employees requested by the employer, and a minor at the request of the parent and legal guardian.

Informed consent exception example, In a __________ evaluation, consent is not obtained. The client is, however, informed of the ___________________ and ______________.

court-ordered; purposes of the evaluation and limits of confidentiality

Which of the following is NOT one of the historical trends in American police psychology?

criminal profiling.

Multiple relationship, when a therapist enters into a non-professional relationship with a ___________, someone ___________, or promises to enter into ___________.

current client; some close to the client; another relationship with client or someone close in the future

The Ethics Code allows for solicitation and use of testimonials, by must never be solicited from ________________, or from any persons who are _______________________.

current clients; vulnerable to undue influence

Guidelines for child custody evaluations, Conducting a ________________ with a current or former client, or conducting therapy with a current or prior _________________ should be avoided.

custody evaluation; custody examinee

The main function of psychologists employed in correctional settings in the 1910s and early 1920s was to:

detection of "feeblemindedness." Keep in mind that psychopathy was not specifically theorized yet and there really were no "Axis I" and "Axis II" disorders until DSM came along. Giftedness was not something that would typically be evaluated in a correctional setting.

The Standards for educational and Psychological Testing address "professional and technical issues of test development and use in __________________________________________."

education, psychology, and employment

Informed consent in assessment exception; when part of a routine __________________________, consent is implied.

educational or organizational activity

You can provide services not competent in during emergencies, however should terminate the services as soon as the _____________ or more ____________ have been secured.

emergency has passed, appropriate services

Psychologist may not withhold records that are necessary for _______________________ because a client owes them money.

emergency treatment

Violence in most populations is a low-base-rate behavior, which raises the rate of:

false-positive predictions.

Services through organizations, psychologist appointed by court to evaluate a defendant, should explain that ____________________________.

feedback will not be shared with defendent

The Ethics Code specifies that students should usually receive _____________________ when their dissertations are published as articles.

first authorship

Publication credit, minor contributions should be acknowledges in a ______________ or ______________________________.

footnote; introductory statement

When providing report or testimony for forensic case:

forensic examiners should focus on legally relevant factors and consider the problems that could arise by using a clinical diagnosis in some forensic contexts

The Ethics Code does not prohibit having a sexual relationship with _____________________ as it does with ________________.

former students; former clients

sliding scale fees

generally considered acceptable as long as they are fair and serve the best interests of the client

the right to inspect and amend the information contained in them

in many jurisdictions, laws grant ownership of physical records to the practitioner or institution but give clients

Disclosure of personal information may be required if it is necessary to help students who are having personal problem that ___________________________-, or that pose a ____________________.

interfere with clinical work; risk of harm

hostile environment

interference with an employee's ability to work through unwelcome comments, gestures, pictures, or touching of a sexual nature

In seeking third-party information during an evaluation for mental status at the time of the offense, each of these is important except:

interview with the presiding judge

not unethical

inviting a current client's family members or significant others to participant in therapy to benefit the client or offering disaster or community outreach services to individuals

One of the inherent problems with the Dusky standard for competency to stand trial is:

it is not explicit with regard to what is meant by "sufficient present ability."

The three prongs of the competency to waive individual rights are:

knowing, intelligent, and voluntary.

Psychologists may dispense with informed consent when permitted by __________________________________.

law or institutional regulations

Dusky vs United States (1960)

law related to competence to stand trial were derived from standard set forth in this case defines incompetent as "lacks sufficient present ability to consult with lawyer with a reasonable degree of rational understanding and a rational as well as factual understanding of the proceedings against him"

Misconduct by colleagues, consider: 1. how you __________. 2. the ______ and _____ of the offense committed 3. if an _________ _________ was attempted

learned of the offense; type and severity; informal resolution

With regard to evaluating competency to stand trial, individuals with mental retardation may be difficult to assess. According to Petrella (1992), this is due to several reasons. Which of the following choices is NOT one of those reasons?

many evaluators are not familiar with the diagnostic criteria for intellectual disability.

The first authorship standard regarding dissertation publication does not apply to ___________________, as this is usually part of a larger on-going research project.

master's theses

Tarasoff

must warn victim and other people may be harmed in the course of the client's action must also be warned The first Tarasoff decision established a "duty to warn," however, the case was reheard several years later and the Tarasoff II decision modified the duty to warn to a "duty to protect."

Exception to informed consent for filming and recording include: ______________________ in which personal identification and harm are avoided

naturalistic observation

Persons who are court ordered, inform of __________ to be provided, the fact services are _______, and of any ____________.

nature of services, mandated, limits to confidentiality

If you receive a subpoena w/o client permission, assert patient-therapist privilege, and neither _________________________, unless ordered by court.

neither testify nor turn over records

• Theories of Career Choice

o Personality variables that lead person to choose particular occupation

o Subjective Rating Techniques

personnel comparison systems, critical incidents,Behaviorally Anchored Rating Scales (BARS), behavioral observation scale, forced choice checklist

Maintaining confidentiality, The Ethics Code emphasizes that psychologists have a __________________ to protect confidential information.

primary obligation

Must provide services due to lack of providers, psychologist must have closely related _______, and pursue further __________ to obtain necessary competence.

prior training and experience, training

When psychologists are presenting their credentials, they should present only those degrees that are the basis for their _____________, or they received from a ______________________.

psychology licensure; regionally accredited institution

According to HIPAA, managed care organizations and other third-party reimbursement entities may not require the release of ___________________________ to provide reimbursement.

psychotherapy notes

Sexual Harassment "quid pro quo" and "hostile environment"

quid pro quo- requirement to trade sexual favors for job benefit. hostile environment- sexually offensive behaviors that make it difficult for an employer to complete their job. Both used to decide whether behavior constitutes as sexual harassment.

Animal research, when an animals life is to be terminated, it should be done __________ and with an attempt to ________________________.

rapidly; minimize pain

Behaviorally Anchored Rating Scales (BARS)—

rated on several dimensions of job performance • Each dimension has set of "bx anchors" • Likert scale • Differs from other rating scales in its construction o Involves several steps and multiple contributors o Diff grps of workers/supervisors are responsible for identifying job dimensions and critical incidents in terms of importance on job • Advantage: produces info that is useful for employee feedback o Format and development process may improve rating accuracy • Disadvantages: time-‐consuming to construct o Usually specific to particular job

Personnel Comparison Systems (PCS

rating employee by comparing to other employees • Ranked order system—ranks employees from best to worst • Paired comparison system—each employee is compared w every other employee on each job bx o Larger # employees, more impractical method • Forced distribution system—rater categorizes employees into predetermined distribution • Advantage: reduce effects of rater biases

Informed consent and considerations

reading level of consent forms, type of information provided in consent form, timing and format of consent, minor consent

Sexual harassment specifically prohibited, includes: 2. any behavior so severe that any ___________________________________.

reasonable person would recognize it as abusive

Couple or family therapy, when asked to preform conflicting roles (e.g., marital therapist and witness for on party in a divorce) must "take __________________ to clarify, modify, or withdraw from, roles appropriately"

reasonable steps

Multiple relationships that would not _______ be expected to cause impairment or risk exploitation are not unethical.

reasonably

Psychologists should terminate therapy when it is ______________ that the client no longer needs, is not __________, or is being _________ by treatment.

reasonably clear, benefitting from, harmed

When persons have "questionable capacity to consent" or testing is mandated by law, psychologists use ______________________________ to explain the nature and purpose of assessment.

reasonably understandable language

when the client is emancipated or otherwise legally able to consent to their treatment

reasons a parent/guardian would not have the right to information about their child's tx

The purpose of the Extreme Mental or Emotional Disturbance doctrine is to:

reduce murder to manslaughter.

not prohibited

referral fees are

within a reasonable range of the fair market value of the services provided

referral fees must be

Standard-reporting ethical violations, if informal resolution is unsuccessful or inappropriate, psychologists take further action such as _________

referral to ethics committees or licensing boards

When psychologists serve in more than one role in a judicial or administrative proceeding, they should clarify ______________________, and update clarification as often as __________.

roles and limits of confidentiality; changes occur

Preamble, work toward increasing __________ and ________ knowledge of behavior and people's understanding of themselves.

scientific and professional

Psychologists should always base their work on the ________ and ______ knowledge that has been established in the field of psychology.

scientific and professional

Minimizing intrusions to privacy, Psychologists should discuss confidential information only for ________________________, and should include only the confidential information ______________________________

scientific or professional purposes, necessary when preparing oral or written reports

Deception in research, should be avoided unless: 1. justified by the study's "significant prospective ___________________________."

scientific, educational, or applied value

Program Design

selection of training program format is based on consideration of cost factors, material to be taught, and characteristics of trainees • Most effective training program is one that teaches skills that closely approximate those necessary for job

HIPAA, in order to be considered "psychotherapy notes" and be afforded special protection, the notes must be "_________________________________________"

separated from the rest of individual's medical record

classroom training

simulated work environment is set up in separate training facility •• No emphasis on production •• More personalized attn •• Do not have worry about making costly or embarrassing errors, damaging equipment, or slowing production

not unethical

solicited in-person solicitations, mail solicitations are

may have a detrimental impact on clients and provide exceptions to the general rule allowing client access to records

some laws recognize that complete access to psychological records

quid pro quo

something given in exchange or return for something else; e.g., explicit or implicit requirement to trade sexual favors for a promotion, raise, or other tangible ob benefit

Standard-informal resolution of ethical violations, ethical violation by another psychologist, should ______ to the colleague, assuming an "informal resolution" seems appropriate and ______________ will not be violated.

speak directly; confidentiality

the need to violate confidentiality when the psychologist believes the client is unfit for duty or poses a threat to national security

special limits on confidentiality for military psychologists

Although not mandatory, it is generally considered to be ___________________________ to secure informed consent in written format.

standard of practice

Specialty Guidelines for training

state that "professional psychologists who wish to qualify as clinical psychologists meet the same requirements with respect to subject matter and professional skills that apply to doctoral and postdoctoral education and training in clinical psychology."

Correctional psychologists, ethical guidelines encourage sensitivity to ethical pitfalls of dual relationship (therapist/parole advisor), but it is ________________

still a permitted relationship

When state law is stricter, it __________________.

supersedes HIPAA

Specifically, when HIPAA is stricter, it ___________________________.

supersedes state law

9.06 Interpreting Assessment Results

take into account purpose of assessment, various test factors, test-taking abilities, other characteristics of person being assessed, situational personal linguistic and cultural differences that might affect judgments or accuracy of interpretations, indicate any significant limitations of their interpretations

Issues with confidentiality and patient access to records is typically governed by the state, however HIPAA is a federal law that can _____________________________________________.

take precedence over state law

Research debriefing, when participants have suffered harm, psychologists must _________________ to reduce this harm.

take reasonable steps

legal/regulatory actions

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; exception to privilege

In Godinez v. Moran, the U.S. Supreme Court held that:

the competency standard for pleading guilty or waiving the right to counsel is the same as the Dusky standard for competency to stand trial.

not explicitly covered in the Ethics Code though may be covered by local laws

the confidentiality of client information following a client's death is

The significance of the Jenkins v. U.S. (1962) upon being heard by the United States Court of Appeals for the District of Columbia was:

the determination that a psychologist is competent to render an expert opinion based upon their requisite knowledge about mental disorders and ability to provide expert opinions about defendants' mental states. It depended upon the nature and extent of the psychologist's knowledge/qualifications.

Privacy

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 or withheld from others

HIPAA's three rules:

the privacy rule, transaction rule, and the security rule

The result of the holding in Durham v. United States was:

the replacement of traditional insanity tests with the "product test."

The Standards for educational and Psychological Testing, Although the test developer should supply needed information, the ultimate responsibility for appropriate test use lies with ______________.

the user

In Troxel v. Granville (2000), the U.S. Supreme Court determined:

the visitation order by the Washington Superior Court for Skagit County was an unconstitutional infringement on the mother's right to make decisions concerning the care, custody, and control of her two daughters.

things to consider in bartering

theoretical orientation, clt's diagnosis, clt's dependency needs, expected duration of tx, nature of barter arrangement (e.g., housekeeping, childcare), potential for exploitation, what if clt doesn't meet expectations in service

Instructors who will be evaluating a student's work may not provide _______________.

therapy to the student

on the job training

trainee performs job under guidance of experienced employee •• Job rotation—rotating employees through several jobs to increase range of skills to perform other jobs in company •• Advantages: economy—does not have to establish separate training facility or employ professional trainers •• Disadvantages: carelessly planned and poorly implemented, increases danger that production rates will be slowed and accident rates will increase • Current workers may not make best trainers

the therapist's hourly fee, policy regarding missed appointments, arrangements with third party payors, and proceedures for collecting unpaid bills

when discussing fees, the psychologist must make the client aware of

based on the actual costs of the services provided and not the referral itself

when paid to an individual professional (as opposed to a referral service), referrals fees must be

Avoiding Harm, psychologists are enjoined to avoid harming clients and others __________________, and to minimize harm _________________.

whenever possible; when it is unavoidable

Department of Defense

who is the client for military psychologists

HIPPA allows for PHI disclosure _______________________ for treatment, payment, and operations.

without patient's consent

Psychologist may provide services for which they are not fully competent, if an individual...

would otherwise be unable to obtain mental health services

Although not technically needed, it is still considered standard of practice to obtain _____________________ for any disclosures of confidential information.

written consent

HIPAA, Generalized consent, Patients must be informed of a practitioners privacy policy (e.g., given paperwork description), however, they do not have to give _________________________.

written consent

Baumrind

wrote the article, "Some thoughts on the ethics of research: After reading Milgram's behavioral study of obedience."

Holland's Personality and Environmental Typology

• 6 personality types: o Realistic o Investigative o Artistic o Social o Enterprising o Conventional

causes of legal issues in personnel selection

• Differential validity—selection procedure is valid predictor of performance for one grp and is either less valid or not valid for another grp o Actually rare phenomenon o When occurs, neg affects majority grp just as often as minority • Unfairness—occurs when one grp consistently scores lower than another grp on selection test, but both grps perform equally well on job

• Legal Issues in Personnel Selection o Adverse ImpactEqual Employment Opportunity Commission (EEOC)—Uniform Guidelines on Employee Selection Procedures

• Provide standards for tests and other procedures that are used as basis for employment decisions • Adverse impact—produces substantially diff rate of selection for diff grps that are defined on basis of gender/race/age • Using 80% rule o Adverse impact occurring when selection rate for minority grp is less than 80% of selection rate of majority grp • May be permitted when selection criterion is "bona fide occupational qualification" o Valid reason for hiring substantially larger proportion of particular grp

Vicarious liability (respondeat superior)

Legal responsibility placed on the supervisor for the acts of the supervisee.

Historically, what was the name(s) given to those who were committed?

"Idiots" and "lunatics."

According to HIPPA, when might a psychologist be considered a "covered entity?

"If they transmit certain client information electronically "Psychotherapy notes," as defined by HIPAA, refers to what?

Child custody, if not agreement between parents can be reached, the principle of the "_____________________" is used to make determination.

"best interests of the child"

Mandatory individual or group therapy

1) Psychologists responsible for the program allow the student the option of selecting such therapy from practitioners unaffiliated with the program; 2) Faculty who are likely to be responsible for evaluating students' academic performance do not themselves proved that therapy.

What conditions must be met for deception to ethically be used in research?

1. Deception is justified by the study's prospective scientific, educational, applied value and effective nondeceptive alternatives are not feasible; 2. Participants are not deceived about conditions that might cause significant pain or emotional distress; 3. Participants are debriefed preferably at end of their participation, but no later than conclusion of data collection

Psychologists can use animals in research if what 2 conditions are met?

1. It is in compliance with current federal, state, and local laws and regulations, and with professional standards.; 2. Reasonable efforts are made to minimize discomfort, infection, illness, and pain to animals.

Psychologists can use animals in research if what 2 conditions are met?

1. It is in compliance with current federal, state, and local laws and regulations, and with professional standards; 2. Reasonable efforts are made to minimize discomfort, infection, illness, and pain to animals

Bartering is allowed only if what two conditions are met?

1. It is not clinically contraindicated; 2. It is not exploitative

Conflict between ethics and the law: 1. Make known your ___________. 2. Take steps to resolve conflict in a _______________.

1. Make known your commitment to the ethics code 2. Take steps to resolve conflict in a responsible manner.

What 4 conditions must be met in order for a client to bring a claim of malpractice against a psychologist?

1. Psychologist must have had a professional relationship with the person; 2. Must be a demonstrable standard of care breached by psychologist; 3. Person suffered harm or injury; 4. Harm or injury was proximally caused by psychologist's breach of duty within context of standard of care

What 4 conditions must be met in order for a client to bring a claim of malpractice against a psychologist?

1. Psychologist must have had aprofessional relationship with the person; 2. Must be a demonstrable standard of care breached by psychologist; 3. Person suffered harm or injury; 4. Harm or injury was proximally caused by psychologist's breach of duty within context of standard of care

Preamble states the GOALS of the ethics code 1. "the ______ and _______ of individuals and groups with whom the psychologists works." 2. the education of members, students, and the public regarding _____________________.

1. Welfare and protection 2. ethical standards of the discipline

In a consultative relationship, when is it appropriate to disclose confidential client information?

1. When the consultant and consultee have a confidential relationship; 2. If the consultee has obtained prior consent of the person or organization; 3. If disclosure is unavoidable

Penalties for failure to comply with HIPAA: 1. _______ __________ by the office of civil rights-health/human services. 2. Civil penalties of ______ per violation, up to ________ a year. 3. for deliberate or knowing violations, fines up to ______________ or _______________.

1. administrative sanction 2. $100; $25,000 3. $250, 000; ten year imprisonment

HIPAA - right of accounting, accounting should include: 1. Information about the ___________________________. 2. ______________________ the info was disclosed. 3. Description of ___________, and for __________.

1. date of disclosure 2. The party to whom 3. what was disclosed, and for what purpose

Dispense with informed consent (no harm or distress): 1. Normal __________________________ 2. anonymous _________, naturalistic observation, or ________ research. 3. the study of a ______________________ effectiveness.

1. educational practices 2. questionnaires, archival 3. job or organization's

Standard, Conflicts between ethics and law: 1. Clarify the __________. 2. Make known their __________________. 3. take _______________ to resolve the conflict.

1. nature of the conflict 2. commitment to the ethics code 3. reasonable steps

at the outset clarify role expectations and the extent of confidentiality and thereafter as changes occur

3.05c: When psychologists are required by law, institutional policy, or extraordinary circumstances to serve in more than one role in judicial or administrative proceedings, they should

reasonably be expected to 1) impair their objectivity, competence, or effectiveness in performing their functions as psychologists or 2) expose the person or organization with whom the professional relationship exists to harm or exploitation

3.06: Psychologists refrain from taking on a professional role when personal, scientific, professional, legal, or other interests or relationships could

modifying course content or requirements when the instructor considers it pedagogically necessary or desirable, so long as students are made aware of these modifications in a manner that enables them to fulfill course requirements

7.03a: The standard regarding course syllabi does not preclude an instructor from

concurrent review

A review of the health record (utilization review) while the patient is still hospitalized or under treatment

Required by law or institutional regulation

A signed written consent may be

______ cannot suspend or revoke license, but can inform state of actions taken.

APA

Ethics Code Violation

APA enforces, state license board, court or other authority.

a) require psychologists to make a report to an appropriate authority whenever they know or suspect that child abuse has occurred and b) grant reporters immunity from civil or criminal liability when a report has been made in good faith.

Although the exact provisions of the reporting laws vary, all jurisdictions

Child Abuse Reporting

Although the specific laws vary from jurisdiction to jurisdiction, all jurisdictions require psychologists to report known or suspected cases of child abuse to the appropriate authorities.

Definition of "guardian ad litem"

An adult appointed by the court to represent and make decisions for someone (such as a minor) legally incapable of doing so on his/her own in civil legal proceeding

Multiple relationships and child protective services

Avoid conducting evaluations in child protective services cases when they have previously served as a therapist to child or the child's immediate family. This does not preclude testifying in cases as fact or expert witnesses concerning therapeutic treatment of children, parent and family.

Barter with clients/ patients

Barter is the acceptance of goods, services, or other nonmonetary remuneration from clients/ patients in return for psychological services. They may barter only if: it is not clinically contraindicated and the resulting arrangement is not exploitative.

Which standard of proof is equivalent to a moral certainty?

Beyond a Reasonable Doubt.

The first U.S. Supreme Court case to impose constitutional limits on police interrogations was:

Brown v. Mississippi.

Two discussed cases which were influential in allowing psychologists to provide expert opinions were:

Brown v. the Board of Education and Jenkins v. United States

____________________________ include evaluations of the meaning of the available research on each test.

Buros' Mental Measurements Yearbook

_________________________________ series contains the most comprehensive and authoritative compilation of test reviews.

Buros' Mental Measurements Yearbook

includes test description, and information regarding test use, construction, administration, scoring, types of scores, normative data, reliability, validity and any concerns.

Buros' Mental Measurements Yearbook

Lists information about tests including title, population designed for, available subtests, updating, authors, and publisher.

Buros' Tests in Print

___________ is a comprehensive bibliography of all known commercially available tests in English.

Buros' Tests in Print

Definition of "expert witness"

By reason of education or experiences possesses superior knowledge of a subject to make opinions and hypotheticals.

Ethical Standard 2

Competence

You're contacted by the APA Ethics Committee in regard to a complaint filed against you by a client. They ask for your records related to the client's therapy with you. What should you do?

Cooperate fully with the Committee's request. Confidentiality is not an issue since the committee must obtain a signed waiver of confidentiality from the complainant before it takes any action

Introduction

Discusses the intent, organization, procedural considerations, and scope of application of the Ethics Code

The question(s) posed in Montana v. Egelhoff (1996) was:

Does the failure of the state to allow all relevant evidence into consideration violate the defendant's right to due process? Can voluntary intoxication be considered by the jury in determining the existence of the requisite mental state at the time of the crime?

7.07 Sexual Relationships with Students and Supervisees

Don't do it

1.07 Improper Complaints

Don't file reckless complaints

A ________ refers to a person who testifies as to what they saw, heard, or otherwise observed regarding a circumstance, event or occurrence as it actually took place.

Fact Witness

A psychologist is seeing a family and notices bruises on the son's body. The parents say a pediatrician saw him, but they forgot to mention the bruises to her. When asked how the child got injured, the parents say he "fell down the stairs" and provide no further details. The boy is silent and withdrawn. What should the psychologist do?

File a child abuse report with the appropriate state agency, as there is reasonable suspicion of ongoing child abuse

A psychologists is seeing a family and notices bruises on the son's body. The parents say he was seen by a pediatrician, but they forgot to mention the bruises to her. When asked how the child got inured, the parents say he "fell down the stairs" and provide no further details. The boy is silent and withdrawn. What should the psychologist do?

File a child abuse report with the appropriate state agency, as there is reasonable suspicion of ongoing child abuse

Malpractice

For a client or other person to bring a claim of malpractice against a psychologist, four conditions must be met: (1) The psychologist must have had a professional relationship with the person that established a legal duty of care. (2) There must be a demonstrable standard of care that the psychologist has breached. (3) The person suffered harm or injury. (4) The psychologist's breach of duty within the context of the standard of care was the proximate cause of the person's harm or injury.

Education misrepresentations

For example, a psychologist shouldn't agree to lead a workshop on the treatment of drug addiction if they have had limited experience with this problem, advertise himself as an expert in agoraphobia if they successfully treated only two people with this disorder, or teach a physiological psychology class at college if they know very little about the field but was offered to do so simply because there was no one available to teach it.

Power differential, duration of relationship, and clarity of termination

Gottlieb recommends these three factors when determining the acceptability of a multiple relationship

Client access to records and protected health information

For psychotherapy notes: PHI includes information used by health professionals or entities that relates to the patients physical or mental health care, that could be used to identify the patient, and that has not been transmitted or maintained in any form or medium. Psychotherapy notes used by the mental health practitioner for the purpose of documenting or analyzing the content of a therapy session and are maintained separately from the patient's medical records. Privacy Rule also allows patient inspect and obtain PHI contained in designated record set such as medical and billing records maintained by psychologists and used to make decisions on the patient. On the other hand psychologists do not have to release information unless required to do so by state laws.

____________ are aspirational, and differ from standards that are mandatory and enforceable.

Guidelines

A federal law signed into effect in 1996

HIPAA

When state law and HIPAA are contradictory, making it impossible to comply with both, the practitioner must follow ________________.

HIPAA

1.04 informal resolution of ethical violations

If a colleague is being unethical, try talking to them first if it can reasonably be remediated

10.04 Providing Therapy to Those Served by Others

In deciding whether to offer or provide services to those already receiving mental health services elsewhere, psychologists carefully consider the treatment issues and the potential client's/patient's welfare. Psychologists discuss these issues with the client/patient or another legally authorized person on behalf of the client/patient in order to minimize the risk of confusion and conflict, consult with the other service providers when appropriate, and proceed with caution and sensitivity to the therapeutic issues.

Providing Services in Emergincies

In emergencies when psychologists provide services to individuals for whom other mental health services are not available and for which psychologists have not obtained the necessary training psychologists may provide such services to ensure services are not denied. Services should discontinue as soon as emergency has ended or appropriate services are available.

2.02 Providing Services in Emergencies

In emergencies, when psychologists provide services to individuals for whom other mental health services are not available and for which psychologists have not obtained the necessary training, psychologists may provide such services in order to ensure that services are not denied. The services are discontinued as soon as the emergency has ended or appropriate services are available.

family, unwilling

In family therapy, a systems oriented therapist is likely to see the __ as the client and be __ to see family members individually or keep information revealed by one family member secret

Which two cases acknowledge that greater protection from coercion may be more necessary for youths than for adults?

In re Gault and Fare v. Michael C.

In a legal proceeding, if a defendant lacks 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/her, s/he is deemed ________.

Incompetent to stand trial

Hoffman Report (2015)

Independent report to the APA of whether there was factual support to the allegation that the APA colluded with the Bush administration in promoting enhanced interrogation (torture). Findings: many psychologists including APA administrators and people on the Ethics Board were involved in enhanced interrogation, acted to weaken anti-torture resolutions, and reduced enforcement or ethics complaints. APA Ethics Code revised as a result.

Acceptable in-person solicitation.

Invited, in-person solicitation and mail may be acceptable. Such as giving their business card to someone who asks for it or sends brochures describing their services to individuals and organizations. Does also not prohibit psychologists inviting current client family members or significant others to participate in therapy to benefit the client or from offering disaster/community outreach services to individuals.

Of the Federal Rules of Evidence, which rule specifies that ultimate issues are for the trier of fact?

It is Rule 704 alone that specifies that ultimate issues are for the trier of fact

If an ethical issue is not addressed in the Ethics Code, it indicates what about any related conduct?

It may be ethical or unethical

use of media in promoting psychologists

It is ethically permitted for psychologists to pay for publicity as long as the promotional material is accurate, not misleading, and is identified as paid advertisement. For example, there are ads in papers that look like regular news articles but at the top, the words "paid advertisement" are printed. It is never ethical to pay a media employee to write an article. Although psychologists have the responsibility to ensure the accuracy of all information in an article published about them, they do not have to make sure there is no favorable bias.

A single test

It is not acceptable to assign a diagnosis on the basis of

Only one parent

It is not acceptable to make a custody recommendation after evaluating

Administer, score, and/or interpret a test or other assessment technique

It is often up to the psychologist to determine who is qualified to __ as there are no clear guidelines in the Ethics Code about this

A psychologist publishes an ad promising "guaranteed results." What is true about this ad?

It is unethical because it is misleading and may engender unduly optimistic expectations of positive results

What is FERPA (Family Education Rights and Privacy Act of 1974)?

It prohibits educational institutions receiving federal funds from disclosing personally identifying information from student records without the consent of the student or legal guardian (if under 18); also grants right to inspect one's educational records

Which case was demonstrative of linking competence to the United States Constitution?

It was Youtsey v. United States that was demonstrative of linking competence to the United States Constitution.

Statements by others and paid advertisements and compensation

It would be unethical for a psychologist to promise a newspaper reporter reduced fees for her daughter to attend therapy in exchange for an article about his workshop.

Inducements for participation and coercive

It would probably not be acceptable to offer participants $500 an hour for a study that causes physical pain or give prisoners or hospitalized psychiatric patients privileges in return for taking part in a research study.

malpractice:

Legally, four conditions must be present for a malpractice suit against a psychologist to be Sl:tccessful: First,the psychologist must have been involved in a professional relationship with the client that established a legal duty to treat the client. Second. there must be evidence that the psychologist breached that duty. Third, the client must have suffered harm or injury. And, fourth, there ·must be evidence that the breach of duty caused the harm or injury.

Disclosures

May disclose information with consent of the client or legally authorized person unless prohibited by law.

reasonable steps to resolve a potentially harmful multiple relationship

May involve discussing potential conflicts with the client or seeking consultation to identify the most appropriate course of action

Withholding records for nonpayment

May not withhold records under their control that are requested and needed for client's emergency treatment solely because treatment has not been paid.

_________________________ should make it clear that the are not providing treatment, just offering advice and feedback.

Media psychologists

The most common form of treatment for restoration of competency is:

Medication and didactic programming. Medication, usually psychotropic medication, and didactic programming are the most common treatment when attempting to restore someone to competency.

What should a psychologist do if a person in an emergency situation presents to therapy for an issue the psychologist has no relevant experience working with?

Meet with the person but refer to a more qualified psychologist as soon as possible, or when the emergency has ended

duty to warn

Mental health professional's responsibility to break confidentiality and notify the potential victim(s) whom a client has specifically threatened. In most cases only applies when the client poses a clear and imminent danger to an identifiable victim or victims, though in some jurisdictions can include an identifiable class of victims. Initial hearing of the Tarasoff case established this.

obtaining records about a deceased individual

Most state laws provide a deceased person's executor or administrator the right to access confidential records of the client. The deceased person's executor or administrator must be legally designated as the deceased's representative, usually by a probate court. Without such a designation, records should not be released.

Credentials and psychology services

Note that the requirement regarding having credentials applies to health services, but not to other activities such as teaching or conducting research.

Psychotherapy notes, as defined by HIPAA, refers to what?

Notes recorded in any medium by a mental health professional documenting or analyzing the contents of conversation during a private counseling session- they are not considered a part of a client's Protected Health Information (PHI)

If an experimental psychologist wants to become a clinical psychologist, what must s/he do?

Obtain appropriate coursework and experience, including practica and internship

Which of the following is an example of a civil legal proceeding?

One in which the court is interested in if someone who sustained psychological damages as the result of an employer's negligence or other wrongful behavior.

Which of the following is an example of a civil legal proceeding?

One in which the court is interested in which parent should have primary custody of a child. When the court is interested in the 'best interests of the child' and the issue is custody it is a civil proceeding. It is not a criminal proceeding.

Vicarious Liability

Or respondeat superior. Legal doctrine under which a party can be held liable for the wrongful actions of another party.

Americans with Disabilities Act

Passed by Congress in 1991, this act banned discrimination against the disabled in employment and mandated easy access to all public and commerical buildings. Does not protect substance users but does protect ppl in recovery if they are participating in or have participated in a supervised rehab and are not currently using; allows employers to use "reasonable means" (e.g. drug tests) to verify that substance users are sober

What are "other people who provide psychological services"?

People who provide psych services who are are evaluated and supervised commensurate with their competence

The Validity Indicator Profile (VIP) is a good example of what domain for cognitive feigning?

Performance curve.

The Validity Indicator Profile (VIP) is an assessment measure that is a good example of what domain for cognitive feigning?

Performance curve.

2 years

Period that must pass after a therapy relationship ends before a sexual relationship may occur

Kane et al. (2013) noted which of the following as the most common diagnosis in personal injury cases?

Posttraumatic Stress Disorder. Kane et al. (2013) noted that PTSD was the most common diagnosis in personal injury cases.

Gottlieb's 3 factors of acceptability of a multiple relationship

Power differential, duration of the relationship, clarity of the termination

If a person IS court ordered to undergo forensic examination:

Practitioner can conduct examination with the objection and without consent of the examinee. If the examinee will not proceed, they can advise the person to contact their attorney, notify retaining party about unwillingness, and postpone examination

Psychological services delivered through or to organizations and those precluded from providing information.

Precluded by law or organizational roles from providing information to the client. Inform the individuals or groups at the outset of services.

The standard of proof required in civil trials is:

Preponderance of the Evidence.

Which forensic assessment instrument was specifically designed to quantify the elements of the ALI criteria for criminal responsibility?

R-CRAS. It is the Rogers Criminal Responsibility Assessment Scales (R-CRAS).

What is a psychologist's best option if s/he wants to work with clients from an ethnic group s/he has not worked with before?

Seek supervision and/or consultation before taking on such clients and while working with them

Discussion limits of confidentiality

Should be discussed with persons and organizations whom they establish a scientific and professional relationship with. Include the limits of confidentiality and uses of information generated through psychological activities.

Confidentiality and consultations

Should consult: when encountering difficulties in diagnosis or treatment planning, when a physician has prescribed psychotropic medications and attorney who is representing student in a legal action.

laws about using evaluation data to determine defendant guilt

Since the question does not indicate that the client has waived consent, the law protects the defendant at this juncture. He is protected by laws that prohibit the use of evaluation data to determine the defendant's guilt. The best course of action is to not include any incriminating evidence in the competency report, but instead only information relevant to the defendant's competence

sliding-fee scales

Sliding-fee scales are not explicitly addressed by the Ethics Code but are generally considered acceptable as long as they are fair and serve the client's best interests.

In-person solicitation of business from actual or potential therapy clients or other persons is unethical when it involves what?

Solicitation of people who, due to their particular circumstances, are vulnerable to undue influence

HIV and duty to warn

Some jurisdictions have passed a legislation related to this issue, but laws vary. Some laws require or allow psychologists to warn identifiable at-risk persons, others prohibit doing so.

termination & managed care ethics

The 2002 APA Ethics Code addresses the issue of termination and managed care contracts in two places. On the topic of "interruption of services," the Ethics Code states that psychologists should make plans for continuation of care "unless otherwise covered by contract." This provision is intended to clarify that psychologists are not abandoning clients and do not have further ethical responsibilities when a managed care company restricts the number of sessions or requires termination. On the topic of "terminating therapy," the Ethics Code states that there are exceptions to the requirement for pretermination counseling. One exception occurs when the actions of third-party payors (e.g., managed care company) preclude such counseling. The responsibility for patients who are in crisis falls to the managed care company. Although any known limits to care should be disclosed at the time of informed consent, that disclosure is not necessary in order for the psychologist to comply with the managed care company's termination of services.

HIPAA rule, provides regulations and safeguards regarding confidential patient information.

The Privacy Rule

Avoiding bias in language

The Publication Manual of the American Psychological Association provides guidelines for avoiding bias in language related to race/ethnicity, gender, age, and sexual orientation. For example, it recommends putting "people first;" being specific when referring to race and avoiding using Whites as a comparison group; and using emotionally neutral terms.

reducing bias in language

The Publication Manual of the American Psychological Association provides guidelines for reducing bias in language related to gender, race/ethnicity,disability,sexual orientation, and age. For instance, it recommends putting "people first" (e.g., "clients with a disability" rather than "disabled clients");using emotionally neutral terms (e.g.,"people with a disorder" rather than "people suffering from a disorder"); being specific about racial/ethnic background and age (e.g., "ages 75 to 94" rather than "ages 75+"); and capitalizing but not hyphenating the names of racial and ethnic groups (e.g., "Blacks" or "African Americans.)"

HIPAA rule, addresses issues of physical security, such as locking filing cabinets and encrypting e-mails.

The Security Rule

What legal decision originally established a psychologists "duty to warn," which later became a "duty to protect?"

The Tarasoff Decision, which regards a client's admission of intent to harm another person

In Donaldson v. O'Connor (1974), what was the court's holding?

The court held that a nondangerous patient has a constitutional right to treatment as would help him to be cured or to improve his mental health.

In Wilson v. U.S. (1968), the Court of Appeals held that six factors should be considered in determining whether a defendant's amnesia impaired the ability to stand trial. Which of the following is NOT one of those factors?

The extent to which the defendant was competent to waive his Miranda rights at the time he was questioned by law enforcement.

In Heller v. Doe (1993), four justices dissented (one of which was only in part), opining that Kentucky's differential standard of proof for confining mentally ill and the mentally retarded was irrational. They also had strong opinions regarding the allowance of guardians and family members being involved in the commitment phase. Overall, why was this?

The dissenting justices felt that, with the family members and guardians being allowed to participate in commitment proceedings, someone who is alleged to be retarded is faced with a possible "second advocate for institutionalization."

Research data and data not in a published research study

The ethical standards do not require psychologists to share data that has not yet been presented in a published research study.

The outcome of Durham v. U.S. (1954) was:

The existing tests of insanity were obsolete and inadequate and were replaced with a "product test."

Privacy

The freedom of individuals to choose for themselves the time and the circumstances under which their beliefs, behaviors, and opinions are shared with or withheld from others. In therapy, once private information has been disclosed to a therapist with the expectations that such information will not ordinarily ne disclosed to third parties, it becomes confidential.

Guidelines for Child Custody Evaluations in Family Law Proceedings

The goal of the Guidelines for Child Custody Evaluations is "to promote proficiency" in the conduct of child custody evaluations, and it provides aspirational guidelines that are intended to "facilitate the continued systematic development of the profession and help facilitate a high level of practice by psychologists." It states that determining the "psychological best interests" of the child is the primary purpose of a child custody evaluation and that the child's welfare is always of paramount importance.

capacity

The individual can make rational decisions

Voluntariness

The individual has given consent freely without coercion or duress

comprehension

The individual is given adequate information and understands the information sufficiently to make an informed decision

Empirical research indicates:

The insanity defense is seldom raised, averaging less than 1% of felony indictments, with a rate modally being 25% of those who raise the issue.

Confidentiality

The obligation to protect clients from unauthorized disclosure of info revealed in the context of a professional relationship. Ethical, and in some cases, a legal requirement.

Confidentiality

The obligation to protect clients from unauthorized disclosure of information revealed in the context of a professional relationship. An ethical principle, and, in some situations, a legal requirement.

Tarasoff Decision

The original Tarasoff decision established a "duty to warn" an intended victim of a therapy client; however, in a rehearing of the case, this was changed to a "duty to protect" an intended victim by warning him/her, notifying the police, or taking other steps. In most jurisdictions, the duty to warn/protect applies only when a client poses a clear and imminent danger to an identifiable victim or victims (although, in some jurisdictions, the duty has been expanded to include an identifiable "class of victims").

Tarasoff decision:

The original Tarasoff decision established a "duty to warn" an intended victim of a therapy client; however, in a rehearing of the case,this was changed to a "duty to protect" an intended victim by warning him/her, notifying the police, or taking other steps.

Rogers, Salekin, et al. (1998) found that the explanatory model that was lowest in prototypicality for both males and females in forensic evaluations was:

The pathogenic model.

Ethical Standard 10

Therapy

If a person is NOT court ordered to undergo forensic examination:

The practitioner seeks to obtain informed consent. If the person does not consent, the practitioner can advise the person to contact their attorney, notify retaining party about unwillingness, and postpone examination

Which of the following is NOT one of the legal rationales for trying only competent defendants identified by Wulach?

The relationship of the defendant with his/her defense attorney must be solidified and "perfect."

Psychologists who provide services over the internet must inform clients of ________.

The risks to privacy

This model posits that evaluates react to the likely threat of negative outcome and attempt to protect themselves. Which model is this?

The socioevaluative model.

Hypnosis should be avoided in the assessment of Dissociative Identity Disorder because:

The technique is vulnerable to malingering.

Mandatory Reporting

The therapist knows or suspects that a client is involved in child, elder, or dependent adult abuse; exception to privilege

In deciding whether to provide services to a person already receiving mental health services elsewhere, what should a psychologist consider?

The treatment issues and the potential client's welfare. These issues are discussed with the client and the psychologist should proceed with caution

Informal resolution of ethical violations

They attempt to resolve an issue by bringing it to the attention of the individual if an informal resolution appears appropriate and intervention does not violate confidentiality rights that might be involved.

What are professional psychologists?

They have a doctoral degree in psychology from an organized, sequential program in regionally accredited university or professional school

1.02 Conflicts between ethics and law, regulations, or other governing legal authority

They must clarify the nature of the conflict, make known their commitment to ethics code, try to resolve conflict

1.01 Misuse of Psychologists' Work

They take reasonable steps to correct or minimize the misuse or misinterpretation of their work

Guidelines for Providers of Psychological Services to Ethnic,Linguistic, and Culturally Diverse Populations:

This document presents "general principles that are intended to be aspirational in nature and are designed to provide suggestions to psychologists in working with ethnic, linguistic, and culturally diverse populations." For example, Paragraph 3(d) requires psychologists to help a client "determine whether a 'problem' stems from racism or bias in others so that the client does not inappropriately personalize problems"; while Paragraph S(a) requires psychologists who work in minority communities to be familiar with and respect indigenous beliefs and practices.

Discrimination and harassment limitations

This prohibition does not preclude psychologists from refusing clients they do not feel competent to serve or too difficult individuals. Koocher and Keith also mention individuals who stir up troubling feelings or anger the therapist. Standard 10.10 (b) talks about termination if threatened or endangered by client.

Those who considered themselves "reformers" were inspired by whom?

Thomas Szasz.

capacity, comprehension, voluntariness

Three factors that must be present for consent to be truly "informed"

The Ethics Committee recommends ________ in cases where a psychologist's behavior is both unethical and harmful.

Time-limited resignation

2010 amendment

To 1.02 Conflicts Between Ethics and Law, Regulations, or Other Governing Legal Authority: eliminated the sentence "If the conflict is unresolvable...psychologists may adhere to the requirements of the law..." Break the law, not the ethics code. Added: "under no circumstances may this standard be used to justify or defend violating human rights." To 1.03 Conflicts between Ethics and Organizational Demands: same thing but for organizations

It had been legally determined that they are not capable of doing so

Under state and provincial laws, adults are considered competent to provide informed consent unless

In Frye v. United States (1923), the issue at the core of the the resulting Frye test was:

Using a lie detector, Marston thought that systolic blood pressure would spike when a person lied. However, the scientific basis for Marston's work was not generally accepted by the scientific community

The concept that supervisors/employers may be legally responsible for the actions of their supervisees/employees is called ________.

Vicarious Liability, or respondeat superior

The concept that supervisors/employers may be legally responsible for the actions of their supervisees/employees is called ________.

Vicarious Liability, or respondent superior

Reasons for APA sanctions

Violations of standards of the Ethics Code, conviction of a felony, expulsion or suspension from an affiliated state psychological association, or suspension/loss of license

A psychologist has been meeting regularly with a child whose parents recently filed for divorce and have requested a child custody evaluation. What course of action should the psychologist take?

While not required, The Guidelines state psychologists generally avoid conducting such evaluations when s/he has served in a therapeutic role for the child or their family

HIPAA, right of accounting, __________________________ by the patient may be used in lieu of an accounting procedure.

Written authorizations

Is it ever ethical to kill an animal that has been used for research?

Yes, if it is done rapidly and with an effort to minimize pain

Following an evaluation, are psychologists allowed to provide clients with raw test data if the client requests it?

Yes, it would be unethical not to do so. However, there are some exceptions if the psychologist believes the test data could harm the client

Following an evaluation, are psychologists allowed to provide clients with raw test data if the client requests it?

Yes, it would unethical not to do so. However, there are some exceptions if the psychologist believes the test data could harm the client

Is it ever ethical to have sexual relationships with a former client?

Yes, though only after 2 years and in the "most unusual circumstances;" in such cases, the psychologists must prove that the relationship is not harmful

Is it ever ethical to have sexual relationships with a former client?

Yes, though only after 2 years and in the "most unusual circumstances;" in such cases, the psychologists must prove that the relationship is not harmful.

Larry P. v. Riles

a California case related to the use of standardized intelligence tests for assessing children for placement in special classes for the mentally retarded. argued that use of IQ tests resulted in the placement of a disproportionate amount of minority students in classes for the educable mentally retarded (EMR). The ruling, which continues to be challenged, banned the use of IQ tests in the placement of minority children in special education classes.

Evidence of a mental disorder or emotional disorder may be relevant to:

a context which the fact finder is asked to apply a well-recognized affirmative defense.

subpoena

a court order requiring appearance and/or testimony; may not be ignored but psychologists may assert privilege

court order

a direction issued by a court or a judge requiring a psychologist to provide testimony; if attempts to have it vacated or modified are unsuccessful, a psychologist may be held in contempt of court

Consultation, only share information that is __________________ for purposes of consultation.

absolutely necessary

Delegation of work, supervisees (etc.) only perform duties if have _____________ __________ and no __________ __________

adequate competence, multiple relationships

HIPPA - Psychologist Duties - Written Privacy Policy, Must be given to ____________, and reflect compliance with ________________________.

all patients, HIPAA and state laws

Deception in research, should be avoided unless: 2. __________________, without deception, are not available.

alternative procedues

Animal research, animals are only to be subjected to pain or stress when an __________________ is not available, and is justified in terms of _____________.

alternative procedure; value

ad litem

an adult appointment by court to represent and make decisions for someone (e.g., minor) legally incapable to do so for themselves in a legal proceeding

informed consent

an ethical principle that research participants and therapy, assessment, counseling, or consultation clients be told enough to enable them to choose whether they wish to participate

informed consent

an ethical principle that research participants be told enough to enable them to choose whether they wish to participate; must be obtained except under some circumstances (e.g., anonymous questionnaires, naturalistic observations)

Failure to cooperate with an ethics investigation, by APA or state, constitutes _______________________.

an ethical violation in and of itself.

In Dusky v. U.S., the Court's test delineates two prongs to the competency test. Which of the following, according to the test, would most likely lead to a finding of incompetency to stand trial?

an inability to currently understand the criminal process. This is what will most likely result in a finding of incompetency to stand trial according to Dusky.

have a professional will or specify it elsewhere, or have an agreement with a responsible colleague about the management of records, instructing one's spouse or executor to seek advice on record keeping, or asking a professional association to assist in managing or maintaining the records

appropriate ways to plan for protecting the confidentiality of records in the event of a psychologists's death or illnessckusdfs

Fees and financial arrangements, fees and billing arrangements must be agreed upon "_____________________________________ in a professional or scientific relationship."

as early as feasible

Therapy, informed consent including description of services, course of treatment, fees, third party involvement, and limits to confidentiality, should be discussed as _________________________________.

as early as feasible in the therapeutic relationship

Issues of publication credit should be discussed with students ______________________ and ___________________.

as early as possible; throughout the publication process

what to do when a person does not have the legal capacity to give informed consent

as is the case with someone on conservatorship, the psychologist must obtain consent from the legal guardian and assent from the patient.

• Biographical Information (Biodata

ask for info about applicant's work hx, ed, and personal interests and skills o Highly predictive of job success when empirically validated o Only slightly less valid than cog tests o Advantage: useful for predicting turnover o Weighted Application Bank, Biographical Info Bank o Disadvantage: specific to job and to organization •• Lacks face validity

Preamble and General Principles

aspirational goals to guide psychologists toward the highest ideals of psychology; nonenforceable

Preamble and General Principles

aspirational goals to guide psychologists toward the highest ideals of psychology; not enforceable

A patient's employer, spouse, school, or the court requests PHI, an _____________________________ must be secured.

authorization from the patient

Subpoenas are issued by lawyers, and can not ______________.

be ignored

Principle A

beneficence and nonmaleficence

Harmful multiple relationship occurs, should "attempt to resolve it with due regard for the ________________________ and maximal ___________

best interests of the affected person; compliance with the Ethics Code

The decision to seek consultation, supervision, training or refer out should always be based on the ___________________________________.

best interests of the client

• Personality Tests

big five" personality dimensions of extraversion, agreeableness, openness, emotional stability, and conscientiousness o Measure specific characteristics that have been found to be more accurate predictors of job performance than those measuring global traits o Better predictors of contextual performance, while cog tests are better for predicting task performance

Preamble, Psychologists respect and protect _______ and ______ _____ and the principles of freedom of inquiry and expression.

civil and human rights

When using a collection agency, the most limited information should be used, typically just ____________________ and __________.

client's name; amount of money owed

When a subpoena received, the psychologist must seek the _______________________.

client's permission to release information

General Guidelines for Providers of Psychological Services (1987), recognized specialties (4)

clinical, counseling, IO, and school

Bartering is permissible as long as it is not ___________________________ and not __________.

clinically contraindicated; exploitative

When clients information is entered into databases, measures such as ____________________ should be taken.

coding of personal identifiers

Research, excessive financial or other inducements are prohibited as they may act as _____________.

coercion

Financial, psychologist must inform clients before using a ____________________, and provide the opportunity to make prompt payment.

collection agency

vestibule training

combine advantages of off-‐the-‐job and on-‐the-‐job •• Providing training in physical replication or simulation •• Useful when consequences of errors or slowdowns are too serious for on-‐job • Repeated practice is required to learn task • When special coaching is required

Cost benefit analysis

comparing costs and benefits in monetary terms. Con: may be difficult to assign monetary value to intervention outcomes

When it is required, should provide accurate information and obtain approval from host institutions before ____________________.

conducting research

____________ is the right to have communications kept within the bounds of the professional client-therapist relationship.

confidentiality

Should make research data available for replication, assuming ________________________ are addressed.

confidentiality and legal concerns

Psychologists should make advance plans to protect the __________________________________ in case of death or incapacity.

confidentiality of records and data

If you learn of ethical violation directly from client: protect ______ above all, and down report unless you receive a _____________ from client.

confidentiality; release of information

Standard-reporting ethical violations, further action should not be taken if ______________ will be violated, or if you were retained to ______________________________.

confidentiality; review the work of a psychologist whose conduct was in question

Interruption of psych services, must make plans for ____________________________ in the event of relocation, illness death, client's financial limitations etc.

continuation of care

types of cost analyses

cost-benefit analysis (CBA) - comparing cost/benefit of interventions in monetary terms cost-effectiveness analysis (CEA) - when the interventions compared have similar goals but can't assign a monetary value to the outcomes. costs expressed in monetary but outcomes expressed in measurable non-monetary terms (e.g., number of clts who drop out, symptom severity score) cost-utility analysis (CUA) - comparing costs vs estimated value of outcomes, useful when outcomes can't be measured w/monetary value. measures of duration and QOL are combined with other relevant outcomes to obtain an estimate of utility for each intervention cost-feasability analysis (CFA) - evaluate feasability of interventions based on monetary/other resources required. is an intervention worth considering? not including outcomes. cost-minimization analysis (CMA) - determine least costly option that produces equivalent outcomes

When participation in research is part of a ________________________________, other alternatives must be made available.

course requirement or option for extra credit

Which of the following is NOT an interrogation circumstance that may be relevant to a youth's understanding, ability to attend to, and appreciation of the significance of Miranda warnings?

d. Whether the parents waived the youth's Miranda rights for him/her.

Informed consent in assessment exception; when the testing is designed to assess __________________________.

decisional capacity

Critical Incidents

descriptions of specific job bx that are associated w v good and v poor performance • Likert-‐type rating

Privacy Rule

designed to provide patients with increased protection of PHI, requires providers inform patients of privacy policies, grant access to PHI and to change if inaccurate, requires patient's authorization before sharing health info for non routine purposes (encourages only for routine), secure patient records, inform business associates of privacy practices, train employees so they understand privacy procedures

The Standards for educational and Psychological Testing, In test selection, a potential user should depend heavily upon the _________________________________ that is clearly related to the intended application.

developer's research documentation

APA's Record Keeping Guidelines (2007), some records should ideally be maintained for perpetuity, such as when a client has a ____________________, and such records will continue to be needed throughout the lifetime (e.g., ____________ )

disability documented during childhood; (e.g., to receive SSI etc.)

Guidelines for child custody evaluations, participants are informed that consent to an evaluation means they are consenting to _______________________________ in the forthcoming litigation or proceedings, and that ________________.

disclosure of the evaluation's findings; there will be no confidentiality

HIPPA - Psychologist Duties, Psychologists must track ________________________________.

disclosures of PHI

Animal research, psychologists must make efforts to minimize __________ and _________.

discomfort and pain

9.08 Obsolete Tests and Outdated Test Results

do not base assessment or intervention decisions or recommendations on data or test results outdated for current purpose, or those that are obsolete and not useful

Ethics Code only requires that informed consent be _____, as in a ______________________ recording that information was given and understood.

documented; progress note

The Ethics Code ______________ that informed consent must be in written format, such as a form.

does not specify

Informed consent for recording is not needed in research that involves deceptions, however consent must be obtained ___________________________________.

during the debriefing

reports of past crimes, hearsay threats, or threats with no specific victim

duty to warn/protect does not exist under these circumstances

EAP program, the employer has right to know whether ___________________________, however does not have the right to _______________________.

employee has attended sessions; confidential information about session content

Deception in research, subjects must be debriefed as early as possible, usually at the ________________, but definitely no later than at the _________________________.

end of participation; end of data collection

Sexual relations with persons who are near to clients, may not terminate therapy with a client in order to ___________________________

engage in such a relationship

Once any information is transmitted electronically, HIPAA's rules apply to the ________________ of a psychologist or institution.

entire practice

Withholding records, it is technically _______ but actually ______ to withhold records for nonpayment in a non-emergency situation.

ethical; legal

"substantial harm"

ethics code does not specify this, but gives examples such as sexual misconduct, insurance fraud, and plagiarism

Cost feasibility analysis

evaluate the feasibility of one or more interventions on basis of monetary and other resources they would require, determine if intervention is worth considering

Cost utility analysis

evaluating alternative interventions by comparing their costs and the estimated value of their outcomes, useful when outcomes cannot be expressed in monetary or metric values, measures of client satisfaction and such

is clinically contraindicated because of the potential negative consequences if the services are not performed satisfactorily

exchanging services for therapy

to involve the client in the reporting/duty to warn/protect process, e.g., by contacting the third party in the client's presence

experts agree that it is often preferable

HIPAA - Right of Amendment, The record may never be _________________, instead changes to the record should be noted as ____________________.

expunged, amendments

When reporting research results, psychologists should never ______________, and take _______________ to correct any errors in published data.

fabricate data; reasonable steps

Custody evaluation-multiple relationship, you can testify as a __________________, but the psychologist should generally decline the role of an __________

fact witness, expert witness

A detailed examination of NGRI defendants, conducted by Golding et al. (1989), found that 79% of these defendants had:

had been previously hospitalized.

rater biases

halo effect,Central Tendency, Leniency, Strictness Biases, and contract effect

HIPAA Transaction Rule, a _____________ accepts written data, transforms to electronic, and then transmits to insurance company.

health-care clearinghouse

If Ethical Standard establishes higher standard of conduct than is required by law, psychologist must meet

higher ethical standard

research on predictors of violent behavior

history of violent behavior is single most accurate predictor of future

Sexual harassment specifically prohibited, includes: 1. any unwelcome, offensive, etc that creates a ________ workplace, and the psychologist _______

hostile; knows or is told this

• Engineering Psych

human factors psych and ergonomics o Relationships btw workers and work context o Work schedules, job burnout, accidents

During consultations, should not reveal detailed information that could lead to ___________________, unless consent or disclosure obtained.

identification of a client

APA's Record Keeping Guidelines specifies that records of psychological services must include:

identifying data, dates of service, types of service, fees, assessment reports and intervention plans, and releases of information

only the limited information it needs to seek payment

if using a colleciton agency, a psychologist must provide the agency with

Ethics complaint, _________ or _________ of an Ethical Standard is not considered an adequate defense.

ignorance or misunderstanding

Personal problems, don't initiate services if personal problems will _______________, and seek consultation about whether to ______________________________.

impair competence, limit, suspend, or terminate practice

Preamble, the goal of psychologist is to __________________ of individuals, organizations, and society.

improve the condition

the psychologist and client should both be considered

in a barter relationship, when considering the potential for exploitation

there is reason to believe that the abuser is still victimizing a minor; e.g., the client suspects a particular child is being victimized or the perpetrator is a teacher or someone with responsibility for children

in most jurisdictions, psychologists are not legally required to make a report when an adult client reveals that they were abused as a child unless

withhold records when the client owes them money; however, they must avoid harming their clients/patients and withholding records may violate this and state/local laws may not recognize nonpayment of fees as a legitimate reason fr withholding records under any circumstance

in nonemergency situations, it may be acceptable for psychologists to

• Organizational Psych

ind and grp processes w/in organizations and concerned w factors that affect such outcomes as job satisfaction, motivation, work effectiveness, quality of life o Leadership style, decision-‐making, organizational development

In Addington v. Texas, the U.S. Supreme Court ruled:

individuals can be involuntarily committed to a mental hospital for an extended period of time only if there was "clear and convincing evidence" that they met a legitimate legal standard for confinement. The U.S. Supreme Court found , in Addington v. Texas, that individuals can be involuntarily committed to a mental hospital for an extended period of time only if there was "clear and convincing evidence" that they met a legitimate legal standard for confinement.

programmed instruction

info that had been broken down into logical, organized sequences •• Paper-‐and-‐pencil book-‐type formats to computer-‐ assisted instruction •• Not effective for teaching many complex skills •• Useful for teaching content knowledge, especially that requiring rote memorization •• Advantage: allows trainees to progress at own pace

When treatment involves intervention techniques not generally recognized or established, psychologists should ___________________, as well as potential ________ and possible ____________________.

inform clients of this, risks, alternative treatments

10.01 Informed Consent to Therapy

inform patients as early as is feasible in the therapeutic relationship about the nature and anticipated course of therapy, fees, involvement of third parties, and limits of confidentiality and provide sufficient opportunity for the patient to ask questions and receive answers, if new treatment inform that developing nature of treatment, potential risks involved, alternative treatments that may be available, and the voluntary nature of their participation, when trainee and legal responsibility is with supervisor must inform patients during informed consent

Even research involving deception requires ________________________.

informed consent

Guidelines for child custody evaluations, obtain ____________________ from adults, and _______ from child participants.

informed consent; assent

The term "forensic assessment instruments" (FAI) was coined by Grisso in 1986 and refers to

instruments that provide frameworks for conducting forensic assessments.

Principle C

integrity

When clients are legally incapable of giving consent, must obtain permission from a _______________________________.

legally authorized person

HIPAA - Right of Amendment, If a psychologist determines a change would make the PHI ________________, the request may be denied.

less accurate

Research indicates that the Not Guilty by Reason of Insanity (NGRI) defense is seldom raised, averaging ____________ of total felony indictments and is highly variable in its success rate, with a model rate of ____ for those who raise the issue

less than 1%; 25%

Psychologists who are responsible for educational and training programs, must ensure they are designed to meet the requirements of _________ and other __________________-.

licensure; goals stated by the program

HIPAA right - Access to Records, Records may only be withheld when disclosure would jeopardize the __________________________ of the patient or others.

life or physical safety

the records of a deceased client cannot be released to a family member or other person without a release from the executor or administrator of the client's estate

local laws about the confidentiality of client information following a client's death typically say that

vary; some require duty to warn and some forbid it

local laws regarding clients who are HIV+ and engaging in unsafe sexual practices

most common reasons for newly opened cases against psych's

loss of licensure in another jurisdiction, sexual misconduct w/adult, inappropriate practice re: child custsody, nonsexual dual relation, inappropriate practice involving insurance/fees

• Interest Tests

low validity for predicting success o Useful for counseling and for predicting satisfaction, persistence, and choice

Instructors may not require students to disclose personal information unless the educational program has ______________________________.

made this requirement clear in admission and program materials

As a consequence of Eddings v. Oklahoma (1982), mental health experts must:

make detailed inquiries into a defendant's past history, considering all potential areas of focus.

10.09 Interruption of Therapy

make reasonable efforts to provide for orderly and appropriate resolution of responsibility for patient care in event that employment or contractual relationship ends with paramount consideration give to welfare of patient

Civil liability is the issue in ___________.

malpractice

Interruption of psych services, the term "unless otherwise covered by contract" means you do not have further ethical responsibilities when a ____________________________ restricts number or session or requires termination of care.

managed care company

If a client has not signed a release of information, psychologists may only release test data if ____________________________.

mandated by law or court order

Psychologists do note need patient authorization for ___________ ___________.

mandated disclosures

ensuring all staff members understand the importance of keeping information contained in files confidential, keeping records in a locked filing cabinet or room, and making sure that access to records stored in electronic databases is limited

measures taken to preserve confidentialitya docu

Statements by others, it is prohibited to compensate a ______________________ for publicity or reporting. When paid ads are used, they __________.

media employee; must be identified as such

designated record set

medical and billing records maintained by a psychologist and used to make decisions about the patient

The MOST common form of treatment provided to restore a defendant's competence is:

medication

passwords, de-identifying confidential information, and establishing and monitoring procedures for maintaining client confidentiality

methods for protecting electronically stored information

If you learn of ethical violation through other means, consider severity of violation: _______ ______, first discuss with colleague and explain why actions are unethical __________ ______, you can bypass informal resolution and report

minor offense; severe offense

confidentiality

most frequently occurring "ethically troubling issue" (Pope & Vetter, 1992)

Guidelines for child custody evaluations, psychologist should use _____________________ of data gathering.

multiple methods

Example, treating your best friend's husband

multiple relationship, unethical

Custody evaluations, conducting evaluation with current or prior client, or therapy with current or prior examinee are both considered __________.

multiple relationships

Example include seeing a client socially, or being in a business relationship with someone close to the client

multiple relationships

what to clarify when there are third-party requests for services

must attempt to clarify at outset the nature of relationship with all individuals/organizations involved - includes role of psychologist, who is the client, and probable uses of the services provided or info obtained.

referral fees

must be based on actual cost of service (e.g., renting space) rather than the referral itself

ensuring that supervisees perform competently

no specific criteria provided but a critical element is providing regular performance feedback lack of timely feedback has been identified as a cause of many ethical complaints related to supervision

Withholding records for nonpayment, this ethical standard conflicts with current federal law regarding the withholding of records in _____________________.

non-emergency situations

The bottom line is that a psychologist should not withhold records for _______________ in any situation, emergency or otherwise.

non-payment

APA's 2007 Record Keeping Guidelines

note that in the absence of superseding guidelines (e.g., state law) psychologists may retain a full set of records for adults for seven years after the last date of service delivery, and for minors psychologist may retain a full set of records for either seven years or three years after the minor reaches the age of majority whichever is later.

Subpoena

notice ordering someone to appear in court

Program Evaluation • 3 dimensions:

o Formative evaluations—assess variables internal to program •• Identify necessary changes to program than can be made while program is in progress o Summative eval—assess effectiveness of program •• Take place after program is complete o Training program is evaluates in terms of cost-‐ effectiveness

• Performance Evaluation

o Performance appraisal or merit rating o Process of evaluating person's job performance o Criterion measures: •• Objective—direct, quantitative measures of performance • Limitation: do not measure many important facets of performance o Limited by situational factors o May not be useful for evaluating performance in complex jobs •• Subjective—rely on judgment of rater• Useful for assessing complex, less concrete aspects of job performance • Disadvantages: raters sometimes not motivated to provide accurate ratings or do not understand rating scale o Rater bias • Peer ratings—valid, particularly for predicting supervisor rating, promotions, and training success

• Kirkpatrick's framework of four levels of criteria

o Used to assess effectiveness of training programs and effects of training on employees o Level 1—rxn criterion •• Participants' responses to training o Level 2—learning criteria •• What has been learned during course of training o Level 3—bx criteria •• Impact of intervention on ind's bx or performance in workplace o Level 4—results criteria •• Impact of training on broader organizational goals and objectives o Phillips added: Level 5—return on investment •• Calculate return on investment of intervention or training

The meta-analysis conducted by Bonta, Law, and Hanson (1998) compared "objective risk" assessments to clinical judgment and found:

objective assessments had a relatively strong predictive effect and more strongly related to general recidivism. Bonta, Law, and Hanson (1998) found that objective assessments produced a relatively strong predictive effect and were considerably more strongly related to general recidivism than clinical judgment.

Psychologists should not base treatment or other decisions on __________ test data, or _________ measures.

obsolete, obsolete

Psychologists may disclose confidential information without client consent in order to __________________, but should only disclose the smallest amount of information necessary.

obtain payment for services

9.09 Test Scoring and Interpretation Services

offer assessment or scoring services to other professional accurately describe purpose norms reliability validity and applications of procedures and any special qualifications applicable to their use, select scoring and interpretation services on basis of evidence of validity of program and procedures and other appropriate consideration, retain responsibility for application interpretation and use of instruments whether scored on own or using automated services

Accuracy in teaching, Instructors may change or adapt course outlines when necessary, as long as students are still given the ________________________.

opportunity to fulfill course requirements

General Guidelines for Providers of Psychological Services (1987), Professional Psychologists have a doctoral degree in psychology from an _____________, ____________ program in a ________________________- university or professional school.

organized, sequential regionally accredited

Previously published data should not be published in a manner that implies they are ________________________.

original data

Psychologists must provide feedback to students and supervisees, and inform them of the process of feedback as the _________________________________.

outset of the relationship

Discuss limit of confidentiality, Confidentiality is generally discussed at the _____________, and whenever there are

outset of treatment, relevant changes to circumstances

Third party request for services, at the _______ psychologists should clarify: 1. Who the _____ 2. the probable ________ 3. limits _________

outset; client is; uses of services to confidentiality

HIPAA - right of accounting, Patients have the right to receive an accounting of all disclosures of their PHI for the ___________________.

past six years

the same as in other contexts, i.e., when the client signs a release and when required by law

permitted breaches of confidentiality for EAPs

HIPAA, psychotherapy notes refer to "________________"

process notes

HIPAA, ______________________ are notes that document or analyze the content of counseling sessions (e.g., dreams, countertransference).

process notes (psychotherapy notes)

Solicitation of new business is prohibited when people are vulnerable to undue influence, however the Ethics Code specifies that this prohibition does not apply to ____________________________________.

providing disaster or community outreach services

exceptions to FERPA

providing records to education professionals who have a legitimate educational interest in the student, appropriate individuals for purpose of financial aid decisions, to another school where the student is transferring. parents and students can inspect records and challenge content, except for personal notes and health records

4.07 use of confidential information for didactic or other purposes

psychologists do not disclose in their writings, lectures etc confidential or personally identifiable info concerning their patients students, research participants, etc unless they have permission, legal authorization, or have taken reasonable steps to disguise it

APA's Ethical Principles of Psychologists and Code of Conduct (2002) standard 10.06, - sexual relationships

psychologists may not have sexual relations with persons who are near to clients, including close relatives and significant others. In addition, psychologists may not terminate therapy with a client in order to engage in such a relationship.

services they have not actually rendered; e.g., services provided by supervisees, missed sessions (unless agreed to by the company), individual sessions when group/couple/family therapy has been provided, services with a different date of the actual beginning of therapy in order to circumvent insurance restrictions, sessions with an inaccurate DSM diagnosis, or waive copay without company being aware of it

psychologists must not bill third parties for

General Guidelines for Providers of Psychological Services (1987), Retraining psychologists, to qualify for a change in specialty must be under the auspices of a program in a __________________- or _______________ that offers a doctoral degree in that specialty.

regionally accredited university or professional school

Evaluations should be made on "the basis of....actual performance on ____________________________________"

relevant and established program requirements

Assessment tools are to be used appropriately in light of ____________________.

relevant research

The Standards for educational and Psychological Testing, test users should have a sound technical and professional basis for their actions, which can be derived from ______________________________________.

research done by test developers and publishers

deception research

research in which the participants are misled about the purpose of the research or the meaning of something that is done to them; truly informed consent cannot take place. Examples: misrepresenting the study's purposes or procedures, using confederates, and observing participants when they do not know they will be observed.

exempt research

research in which there is no risk; anonymous questionnaires, surveys, educational tests

Research debriefing, Participants are entitled to a prompt opportunity to obtain information about the research, including _______________________.

results and conclusions

Statements by others, psychologists _______ for public statements even when they hire someone else to promote them.

retain responsibility

"Dangerousness" has three components. What are they?

risk factors, harm, and risk level.

forced choice checklist

series of statements that have been grped so that statements in each grp are similar in terms of social desirability and ability to distinguish btw successful and unsuccessful job performance • Helps reduced social desirability and rater bias

Cooperation/other professionals, Psychologists should cooperate with other professionals, as appropriate, in order to ________________.

serve best interests of clients

The three prototypes of insanity identified by Skeem and Golding (2001) are:

severe mental disability, moral insanity, and mental state-centered

The three prototypes of insanity identified by Skeem and Golding (2001) and found to be systematically related to jurors' case-relevant attitudes and demographic characteristics are:

severe mental disability, moral insanity, and mental-state centered.

sexual harrassment

sexual solicitation, physical advances, or verbal/nonverbal conduct that is sexual in nature that occurs with the psychologist's roles as a psychologist and that either 1) is unwelcome, offensive, or creates a hostile environment and the psychologist knows/was told this 2) sufficiently severe or intense to be abusive to a reasonable person in the context can be a single intense act or multiple persistent acts

All information gathered in a court-appointed evaluation may be shared with court, no __________________ is needed.

signed release of information

Behavioral-‐Observations Scales (BOS)—

similar to BARS w advantages/disadvantages • Unlike BARS, rater indicates how often employee performs each critical incident

Subpoenas, requires the therapist to appear with client records.

subpoena duces tecum

duces tecum

subpoena language "you must show up and bring your file"

Ethically, psychologists may refuse to release test data if would cause "_____________" or the "_________________ of test data." Laws may still require release nevertheless.

substantial harm, misuse or misinterpretation

Exceptions to the requirement for predetermination counseling include when actions of the client make it impossible (e.g., ________________), or when it is ___________________.

sudden refusal to attend therapy sessions; prohibited by third-party payors

Conflict of interest, no professional relationship with someone that you already have other relationships with, if impairs objectivity, competence, or effectiveness, or that other party would __________

suffer harm or exploitation

A requirement of the insanity defense regarding mental abnormality is:

that it must cause the further condition of incapacity to appreciate the wrongfulness of one's actions or to control one's conduct.

In Stanford v. Kentucky (1989), the constitutional amendment at hand was:

the Eighth Amendment.

The primary requirement borne out of Kent v. U.S. was:

the application of certain due process rights in cases where the juvenile court contemplated waiving its legal jurisdiction over a youth, allowing the youth to be remanded to the adult criminal courts for trial.

In McDonald v. United States (1962), the Lyles instruction refers to:

the court stating that if acquitted by reason of insanity, the defendant would be confined to a mental hospital. The Lyles instruction is allowing the court to inform the jury that if the defendant is acquitted by reason of insanity, they would be confined to a mental hospital.

Information obtained in a competency evaluation cannot be used in the context of a defendant's guilt unless:

the defendant places their mental state into evidence during trial or sentencing. Unless a defendant places their mental state into evidence during the trial or a sentencing hearing, information obtained in a competency evaluation cannot be used in the context of a defendant's guilt.

Psychologists DO NOT have to inform clients at _____________________ that they may use a collection agency at some point, however they must give clients _______________ before one is used to allow opportunity to pay.

the outset of treatment; sufficient warning

duty to protect

the principle that therapists must break confidentiality in order to protect a person who may be the intended victim(s) of a client (e.g., notify the police). In most cases only applies when the client poses a clear and imminent danger to an identifiable victim or victims, though in some jurisdictions can include an identifiable class of victims. Rehearing of the the Tarasoff case established this.

danger to self or others

the therapist believes the client is a danger to themself or others; exception to privilege

• Personnel Psych

theory and applications related to evaluating, selecting, and training workers o Job analysis, performance appraisal, personnel selection, training, career counseling

9.05 Test Construction

those who develop test and other assessment techniques use appropriate psychometric procedures and current scientific or professional knowledge for test design, standardization validation reduction or elimination of bias and recommendations for use

none, as long as the victim is still a minor

time limits on child abuse reporting

In Godinez v. Moran (1993), the United States Supreme Court held that the standard for various types of competency are:

to be considered the same. In the marjority decision, written by Justice Clarence Thomas, the standard for various forms of competency were determined to be considered the same.

managed care organizations require their providers to do what in order to reduce risk of liability?

to be credentialed. This helps to insure that their providers are competent and, consequently, reduces their risk of liability.

Primary goal of psychology licensure is:

to protect the public by limiting licensure to people qualified to practice psychology as defined by state or provincial law

HIPPA - Psychologist Duties, Psychologists must ensure employees are ______________________ with HIPAA requirements.

trained and compliant

Technically, compliance with HIPAA's rules is only required when health information is _______________________________.

transmitted in some electronic form,

HIPAA allows for the disclosures of PHI for the purposes of _______________, _____________, or to carry out _____________________.

treatment, payment, health care operations

The Ethics Code explicitly states that a multiple relationship is not in and of itself ______________.

unethical

Most common reasons for disciplinary action:

unprofessional conduct, sexual misconduct, non-sexual dual relationship, negligence, conviction of crime, failure to maintain adequate or accurate records

five most common reasons for disciplinary action against psych's

unprofessional conduct, sexual, non sexual dual relation, negligence, conviction of crime

An employer CANNOT refuse to hire someone because of an ______________________ against him or her.

unresolved ethics complaint pending

• Assessment Centers

used for selection, promotion, and training of administrative and managerial level employees o Conducted in grps o Multiple methods of assessment o In-‐basket test—seeing how ind responds to kinds of tasks that he will actually encounter on job o Evaluation by team o Validity coefficients are generally high o Disadvantages: expensive to develop and administer •• Criterion contamination occurs when rater's knowledge of person's performance on selection instrument affects how rater evaluates performance once he is on job

may not be sufficient, especially when potentially identifying characteristics or details have not been changed

using a pseudonym for the individual/organization when referring to confidential and personally identifiable information about clients

• Integrity Tests

validity lower in terms of predicting performance o Used to select employees w reduced probability of counterproductive job bx

Forensic reports that do not include examination of person, must clarify the effect on _________ and limit ___________ accordingly.

validity; conclusions

Preamble, psychologists engage in a __________, such as researcher, educator, etc.

variety of roles

multiple relationships

when a psychologist is in a professional role with a person and (1) at the same is in another role with the same person..." (The Code goes on to include entering into a relationship with someone closely related to the patient or promising to enter into a future relationship with the patient or someone closely associated.) Social and business relationships, but multiple relationships are not inherently unethical. Unethical multiple relationships are defined as those that impair objectivity (as well as competence and effectiveness) or that risk exploitation or harm. The issue of conflicting roles (e.g., a family therapist and a witness for one party in a divorce proceeding) is different from the issue of multiple relationships.

When the Ethics Code sets a higher standard than law, psychologists are bound to uphold "______"

"the higher ethical standard"

quid pro quo

"this for that" trading sexual favors for job advancement

Standard, Conflicts between ethics and law, may never be used "to justify or defend ____________"

"to justify or defend violating human rights"

Interruption of psych services, qualifies the requirement for a continuation of care plan (professional will) with the statement "______________"

"unless otherwise covered by contract"

Informed consent for research and recording consent exception

. It would not be necessary to get consent when recordings are in a naturalistic setting and will not be used in a way that will identify or harms individuals who have been recorded.

Confidentiality of records and death, illness or withdrawal of psychologist

. One way to do this is the specify in ones professional will or elsewhere how client records should be handled and alternatives include having an agreement with a responsible colleague about the management of records, instructing one's spouse or executor to seek advice on record keeping or maintaining the records.

Humane care and use of animals in research

1) Acquire, use, care and dispose animals in compliance with federal, state and local laws and regulations and with professional standards; 2) trained in research methods and experienced in the care of laboratory animals supervise procedures involving animals and are responsible to consider appropriate consideration for comfort, health and humane treatment; 3) ensure that all individual under their supervision using animals received instruction in research methods and in the care, maintenance and handling species to the extent needed for role; 4) effort to minimize discomfort, infection, illness, and pain of animal; 5) subjecting to pain, stress, or privation only when an alternative procedure is unavailable and the goal justifies by its scientific, educational or applied value; 6) surgical procedures under appropriate anesthesia and follow procedures to minimize pain before and after surgery and avoid infections; 7) animals life be terminated, psychologists proceed rapidly with efforts to minimize pain.

Client/patient, student, and subordinate research participants

1) when client/patient, student, and subordinate research participants are used as participants psychologists take steps to protect the prospective participants from adverse consequences of decline or withdrawal from participation; 2) if it is a course requirement or an opportunity for extra credit, must be given the choice of alternative equitable alternative activities.

What conditions must be met for deception to ethically be used in research?

1. Deception is justified by the study's prospective scientific, educational, applied value and effective non-deceptive alternatives are not feasible; 2. Participants are not deceived about conditions that might cause significant pain or emotional distress; 3. Participants are debriefed preferably at end of their participation, but no later than conclusion of data collection

When evaluating students and supervisees, psychologists must do what?

1. provide INFORMATION about the evaluation process at the beginning of supervision, 2. base their evaluation on relevant and established program REQUIREMENTS, 3. provide timely FEEDBACK

In Thompson v. Oklahoma (1988), the age at which the justices determined would be unconstitutional to execute someone was:

16 and under

o Americans with Disabilities Act

1990 •• Prohibits employers from discriminating against disability •• Specifically excludes ind who are currently engaging in illegal drug use from protection • Does protect past substance abusers as long as they are participating in or have completed supervised rehab program and are not currently using drugs

education, training, supervised experience, consultation, study, or professional experience

2.01a: Boundaries of competence are based on

the boundaries of their competence

2.01a: Psychologists provide services, teach, and conduct research with populations and instead only within this

have or obtain training, experience, consultation, or supervision necessary to ensure the competence of their services, or make appropriate referrals, except in emergencies

2.01b: When scientific or professional knowledge in the discipline of psychology established that an understanding of factors associated with cultural identities is essential for effective implementation of their services or research, psychologists should

undertake education, training, supervised experience, consultation, or study

2.01c: Psychologists planning to provide services, teach, or conduct research involving populations, areas, techniques, or technologies new to them should

provide such services in order to ensure that services are not being denied if they make a reasonable effort to obtain the competence required by using relevant research, training, consultation, or study

2.01d: When psychologists are asked to provide services to individuals for whom appropriate mental health services are not available and for which psychologists have not obtained the competence necessary, psychologists with closely related prior training may

Take reasonable steps to ensure the competence of their work and to protect clients, students, supervisees, research participants, organizational clients, and others from harm

2.01e: In those emerging areas in which generally recognized standards for preparatory training do not yet exist, psychologists should

provide such services in order to ensure that services are not denied. The services are discontinued as soon as the emergency has ended or appropriate services are available.

2.02: In emergencies, when psychologists provide services to individuals for whom other mental health services are not available and for which psychologists have not obtained the necessary training, psychologists may

develop and maintain their competence

2.04: Psychologists undertake ongoing efforts to

established scientific and professional knowledge of the discipline

2.04: Psychologists' work is based upon

not unethical

3.05a: Multiple relationships that would not reasonably be expected to cause impairment or risk exploitation or harm are

reasonably be expected to impair psychologists' objectivity, competence, or effectiveness in performing their functions as psychologists, or otherwise risk exploitation or harm to the person with whom the professional relationship exists

3.05a: Psychologists refrain from entering into multiple relationships if they could

take reasonable steps to resolve it with due regard for the best interest of the affected person and maximal compliance with the Ethics Code

3.05b: If psychologists find that, due to unforeseen factors, a potentially harmful multiple relationship has arisen, they should

attempt to clarify at the outset of the service the nature of the relationship with all individuals or organizations involved, including the role of the psychologist, an identification of who is the client, the probable uses of the services provided or the information obtained, and the fact that there may be limits to confidentiality

3.07: When psychologists agree to provide services to a person or entity at the request of a third party, psychologists should

persons over whom they have supervisory, evaluative, or other authority such as clients/patients, students, supervisees, research participants, and employees

3.08: Psychologists do not exploit

cooperate with other professionals in order to serve their clients/patients effectively and appropriately

3.09: When indicated and professionally appropriate, psychologists should

protect confidential information obtained through or stored in any medium, recognizing that the extent and limits of confidentiality may be regulated by law or established by institutional rules or professional or scientific relationship

4.01: Psychologists have a primary obligation to and take reasonable precautions to

1) the relevant limits of confidentiality and 2) the foreseeable uses of the information generated through their psychological activities

4.02a: Psychologists discuss with persons (including, to the extent feasible, persons who are legally incapable of giving informed consent and their legal representatives) and organizations with whom they establish a scientific or professional relationship

at the outset of the relationship and thereafter as new circumstances may warrant

4.02b: Unless it is not feasible or is contraindicated, the discussion of confidentiality occurs

inform clients/patients of the risks to privacy and limits of confidentiality

4.02c: Psychologists who offer services, products, or information via electronic transmission should

obtain permission from all such persons or their legal representatives

4.03: Before recording the voices or images of individuals to whom they provide services, psychologists should

only information germane to the purpose for which the communication is made

4.04a: Psychologists include in written and oral reports and consultations

only for appropriate scientific or professional purposes and only with persons clearly connected with such matters

4.04b: Psychologists discuss confidential information obtained in their work

The appropriate consent of the organizational client, the individual client/patient, or another legally authorized person on behalf of the client/patient unless prohibited by law

4.05a: Psychologists may disclose confidential information with

1) provide needed professional services; 2) obtain appropriate professional consultations; 3) protect the client/patient, psychologist, or others from harm; or 4) obtain payment for services from a client/patient, in which instance disclosure is limited to the minimum that is necessary to achieve the purpose

4.05b Psychologists disclose confidential information without the consent of the individual only as mandated by law, or where permitted by law for a valid purpose such as to

only to the extent necessary to achieve the purposes of the consultation

4.06: When consulting with colleagues, psychologists disclose information

creating, storing, accessing, transferring, and disposing of records under their control, whether these are written, automated, or in any other medium

6.02a: Psychologists maintain confidentiality in

consistent with law

6.04b: Psychologists' fee practices are

allow students in undergraduate and graduate programs the option of selecting therapy from practitioners unaffiliated with the program

7.05a: When individual or group therapy is a program or course requirement, psychologists responsible for that program

do not themselves provide required therapy

7.05b: Faculty who are or are likely to be responsible for evaluating students' academic performance

data

8.10a: Psychologists do not fabricate

The M'Naughten test is an almost exclusively

A cognitive standard.

noncompete clause

A contract clause that restricts competition for a specified period of time, within a certain geographic region, and for specified activities.

strive to protect the confidentiality of their clients while also adhering to relevant Department of Defense rules

According to Ford (2006), military psychologists must do this

client vulnerability

According to Koocher and Keith-Spiegel (1998), can result from insecurities, emotional problems, naivete, lack of information, or even awe of the professional

Ordinarily avoid conducting evaluations in child protection cases when they have previously served as a therapist to the child or the child's immediate family, but they are not precluded from testifying in cases as fact or expert witnesses concerning therapeutic treatment of the children, parents, or families

According to The Guidelines for Psychological Evaluations in Child Protection Matters (APA, 2011), psychologists should

when to establish fees

According to the APA Ethics Code, psychologists discuss fees with patients "as early as is feasible in the therapeutic relationship."

Unethical

Allowing examinees to complete test items at home is

A college counselor informed the mother of a 17 y/o of a recent suicide attempt he made. The counselor contended she was acting in the client's best interest in light of his refusal to seek professional help. Were the counselor's actions ethical?

According to the Ethics Code, yes, because the student is a minor at risk of suicide

In the event a defendant is found NGRI, he or she is immediately released to a family member willing to accept responsibility for their care.

False.

Professional psychologist

According to the General Guidelines for Providers of Psychological Services (APA, 1987), this is a person who has a psychology doctoral degree from an accredited institution

In general, _________________ are suggestions or recommendations for professional behavior by psychologists.

APA guidelines

Psychologist Crime

APA may take action against a member after their conviction of a crime.

may also occur if the APA member is convicted of a felony, expelled or suspended from a state association, or has license revoked.

APA sanctions

Meet the same requirements with respect to subject matter and professional skills that apply to doctoral education, training, and experience in the new specialty (i.e., be a respecialization student)

According to the General Guidelines for Providers of Psychological Services (APA, 1987), when changing from one area of specialty to another, psychologists should

a) a legal duty to protect third parties from HIV infection should not be imposed; b) if, however, specific legislation in considered, then it should permit disclosure only when 1) the provider knows an identifiable third party who the provider has a compelling reason to believe is at significant risk for infection, 2) the provider has a reasonable belief that the third party has no reason to suspect that they are at risk, and 3) the client has been urged to inform the third party and has either refused or is considered unreliable in their willingness to notify the third party

APA (1991) recommendation on clients who are HIV+ and engaging in unsafe sexual practices

Ethical violations by colleagues and "substantial harm"

APA Rules and Procedures identify sexual misconduct, insurance fraud, and plagiarism as examples in this category of "substantial harm"

What is Sua Sponte?

APA acting on its own without a complaint in cases of: A felony conviction of finding a malpractice, expulsion or suspension from a stare association for unethical conduct or de-licensure

Examples: Record Keeping Guidelines, general guidelines for child custody evaluations, specialty guidelines for forensic psychologists, etc.

APA guidelines

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. In some circumstances, the psychologists may wish to keep records for a longer period, weighing the risks associated with obsolete or outdated information, or privacy loss, versus the potential benefits associated with preserving the records

APA's (200&) Record Keeping Guidelines state that in the absence of superseding laws or institutional regulations, psychologists may consider

applicable laws and regulations

APA's (200&) Record Keeping Guidelines state that psychologists should be aware of

for the period required by legal, regulatory, institutional, and ethical requirements

APA's (200&) Record Keeping Guidelines state that psychologists should retain records

the date and duration of the session, the type of service(s) provided, the nature of the intervention or contact (e.g., treatment modality), and a summary of the client's status

APA's (2007) Record Keeping Guidelines states that for each substantive contact with a client, ethe client record should include

file an appeal on behalf of the client, and if the appeal is denied, discuss the situation with the client to identify options regarding alternate treatment and payment

According to Appelbaum (1993), when additional coverage of services is denied and the clinician believes that treatment should be continued, the best course of action is to

HIPAA right, Patients have the right to inspect and receive a copy of PHI that is in the medical record.

Access to Records

Substantial harm

According to APA (2002) Rules and Procedures, includes sexual misconduct, insurance fraud, and plagiarism

Do not need to obtain informed consent but should inform the subject of the evaluation of the purpose, methods, and intended use of the evaluation

According to APA's Specialty Guidelines for Forensic Psychologists, in court-ordered evaluations psychologists

Preamble

Aspirational goals to guide psychologists towards the highest ideals. Psychologists comitted to increasing scientific profesional knowledge of behavior and peoples understanding of themselves and others and to use such knowledge to improve the conditions of individuals orginization and society. Respect and protest civil and human rights and the centeral importance of freedom of enquiry and expression in research teaching and publication.

General Principles

Aspirational in nature

Ethical Standard 9

Assessment

6.05 Barter with Clients/Patients

Barter is the acceptance of goods, services, or other nonmonetary remuneration from clients/patients in return for psychological services. Psychologists may barter only if (1) it is not clinically contraindicated, and (2) the resulting arrangement is not exploitative. (See also Standards 3.05, Multiple Relationships, and 6.04, Fees and Financial Arrangements.)

The Ethics Code defines _________ as "the acceptance of goods, services, or other nonmonetary remuneration in return for psychological services."

Bartering

When evaluating students and supervisees, psychologists must do what?

Base their evaluation on relevant and established program requirements, provide timely feedback, and provide information about the evaluation process at the beginning of supervision

Experience to increase boundaries of competence

Based on education, training, supervised experience, consultation, study or professional experience.

To reduce risk of malpractice:

Be familiar with legal and ethical standards and research Provide services only compatible with education, training and experience Maintaining careful, well-organized records (Best defense in litigation)

4.03 Recording

Before recording the voices or images of individuals to whom they provide services, psychologists obtain permission from all such persons or their legal representatives.

Recording

Before recording voices or images of individuals they provide services they must obtain permission from all such persons or their legal representatives.

Duplicate publication of data

Do not publish, as original data, data previously published. This does not preclude republishing data when they are accompanied by proper acknowledgement.

Guidelines and APA document changing and adding speciality

Changing or adding speciality meet same requirements in respect to subject matter and professional skills that apply to doctoral education training and experience in a new speciality. E.g doctoral educational to clinical change in psychology must complete coursework and supervised training, but not an entire degree.

With regards to mandated reporting, most states have adopted some version of _______________________________.

California's Tarasoff statute

Factors when considering bartering

Canter at al (1994) consider various factors when completing bartering: theoretical orientation, clients diagnosis and dependency needs, expected duration of treatment, and the nature of the barter arrangement, and consider exploitation for both client and psychologist.

theoretical orientation, the client's diagnosis and dependency needs, the expected duration of treatment, and the nature of the barter agreement

Canter et al. (1994): factors to consider when determining whether a barter is clinical contraindicated or exploitative

Informed consent and three legal conditions needed

Capacity, comprehension and voluntariness

What might the Ethics Committee do if a psychologist's actions cause harm and are deliberate or persistent?

Censure

limitations and recommendations for custody evaluations

Current APA guidelines permit making recommendations, if "they are derived from sound psychological data" and are "based on the best interests of the child in the particular case." A custody evaluation can be conducted even if one parent refuses or is unavailable. Data about that parent can be included, for example that he has been convicted of murder or that the child cries and asks not to see him. no conclusions about that parent's psychological functioning may be made if that parent has not been personally evaluated. Also, the data of one participating parent is never sufficient for a custody evaluation. recommendations can still be made, for example, that the mother should receive custody because she is a fit mother, the child is scared of being with the father, and the child needs a stable environment.

Informed consent, the language used must be _______________________________ to the clients.

reasonably understandable

Psychologists may never have sex with a former client unless at least ________ have passed.

two years

APA ethics committee

Deal with filing, investigating, and resolving unethical conduct complaints.

The welfare of the client

Decisions about removing obsolete data from a client's file should be based on

Four D's of malpractice:

Dereliction, duty, directly causing damage

As a forensic psychologist you are conducting an evaluation during the sentencing phase of a capital trial. You interview the defendant's family history and background in order to assess for possible mitigation. The landmark case that allows this is:

Eddings v. Oklahoma (1982).

What is the primary purpose of the Specialty Guidelines for the Delivery of Services?

Educate the public and advance the profession

Ethical Standard 7

Education and Training

Client access to records and Family Education Rights and Privacy Act

FERPA applies to records maintained by educational institutions receiving federal funds. FERPA prohibits from disclosing personally identifying information from student records without the consent of the parents of the students or of eligible students (18+ or those attending post-secondary institutions). Except: providing records to education professionals who have a legitimate educational interest in the student, individuals for financial aid decisions, and another school the student is transferring to.

Parent and student access to records and Family Education Rights and Privacy Act

FERPA grants parents and eligible students the right to inspect the student's educational records and to challenge their content. Several exceptions: personal records that are the sole possession of the educational personnel and health records that are used in conjunction with treatment of a student that available only to the individuals providing treatment.

Clinicians can expect to be much more likely to be involved in an evaluation for criminal responsibility than that of a competency evaluation.

False. Competency issues are raised much more often in forensic assessment. As your text notes, estimates are that approximately 60,000 competency evaluations are conducted in the United States annually.

True or False: Computerized interpretive reports are legitimate and valuable, and they tend to be good substitutes for a clinician's own impressions?

False. Computerized interpretive reports are to be accompanied by the psychologist's personal evaluation

NGRI acquittees are easily released from confinement.

False. Contrary to public opinion, research indicates that NGRI acquittees are more likely to remain institutionalized for longer periods of time than crime-equivalent "guilty" individuals.

Sliding fee scales are generally considered acceptable as long as the are ________.

Fair and serve the best interests of the client

Sliding fee scales are generally considered acceptable as long as they are ________.

Fair and serve the best interests of the client

Principle D includes

Fairness and justice entitle all people to access and benefit from contributions of Psychology

Justice

Fairness and justice entitle all persons to access to and benefit from contributions of psychology and to equal quality in the process, procedures, and service being conducted by psychologists. Must exercise reasonable judgement and precautions to ensure their biases, boundaries In competence, and limitations of their expertise don't lead to or condone unjust practices.

An individual who is found incompetent to stand trial is immediately released and all criminal charges are dropped

False

Competence to stand trial and mental status at the time of the offense are equivalent in terms of the law.

False

Expert testimony is not an integral part of practicing as a forensic mental health professional.

False

Hypnosis is an effective method of assessing for the presence of Dissociative Identity Disorder.

False

In Frye v. U.S., the minimal constitutional standard for competency to stand trial was established.

False

Juveniles are always found incompetent to stand trial by the very nature of their being tried as a juvenile.

False

The Specialty Guidelines for Forensic Psychologists were first adopted by the American Psychology - Law Society (Division 41 of the American Psychological Association) in 2008.

False . This is a false statement, as the Specialty Guidelines were first adopted in 1991.

The first U.S. Supreme Court case to hold that capital punishment was a violation of the cruel and unusual punishments clause was:

Furman v. Georgia (1972). Yes, this was the FIRST U.S. Supreme Court case to hold that capital punishment was a violation of the cruel and unusual punishments clause.

Regarding risk factors, all of the following are relevant to juvenile risk assessment except

Future violent behavior.

pro bono services

General Principle 8 (Fidelity and Responsibility) of the Ethics Code states that "psychologists strive to contribute a portion of their professional time for little or no compensation or personal advantage ." This means that the Code suggests (but does not require) that psychologists provide pro bono services but, if they fail to do so, they would not be vulnerable to a charge of unethical conduct.

These are not enforceable rules.

General Principles

aspirational, goals intended to "guide psychologists toward the highest ideals of psychology."

General Principles

It is ________ and ________ to sell questions that appear on the licensing exam.

Illegal and unethical, as it violates both test security and copyright laws

Ethics Codes

Guidance for psychologists and standards of professional conduct that can be applied by the APA and by other bodies that choose to adopt them.

Maintenance of records and APA's 2007 Record Keeping Guidelines

Guideline 2: for each substantive contact with a client, the client record should include the date and duration of session and the type of services provided, nature of intervention or contact and summary of client's status. Guideline 7: specifies that psychologist strives to be aware of applicable laws and regulations and to retain the records for a period required by legal, regulatory, institutional and ethical requirements. In the absence of corresponding laws or institutional regulations: may consider retaining records for 7 years of the last date of service delivery for adults or until 3 years after minor reaches age of majority, whichever is later. Some cases later period, after weighing out the risks associated with obsolete or outdated information or privacy loss versus potential benefits associated with preserving records.

__________ was designed to protect Americans with medical conditions from losing health insurance when they changed jobs or moved.

HIPAA

HIPPA - Psychologist Duties - Written Privacy Policy, A ___________________, must be designated, in most small practices this would be the psychologist themselves.

HIPAA compliance officer

Access to the data is likely to endanger the life or physical safety of the client or other person

HIPAA limits a psychologist's ability to withhold test data from a client to situations in which

HIPAA's Privacy Rule

HIPAA's Privacy Rule addresses the use and disclosure of protected health information (PHI),patients' consent and authorization for the use of PHI, the right of patients to review their PHI, and the right of patients to request an accounting of disclosures of their PHI. For example, the Privacy Rules states that a written authorization from a patient is ordinarily required prior to disclosing PHI for reasons other than treatment,payment, or health care operations ("TPO"). When HIPAA provides greater protection of patients' privacy or provides patients greater access to their own health information than state laws provide, HIPAA must be followed. However,when state laws provide greater protection or access, state laws must be followed.

halo effect,Central Tendency, Leniency, Strictness Biases, and contract effect

Halo Effect—tendency to judge all aspects of person's bx on basis of single attribute or characteristic •• Central Tendency, Leniency, Strictness Biases • Central Tendency—tendency to assign average ratings to all ratees • Leniency Bias—tendency to give all ratees positive ratings • Strictness Bias—tendency to give all ratees negative ratings •• Contract Effect—tendency to give ratings on basis of comparison to other ratees •• Best way to reduce bias is to adequately train raters • Training is more effective when it focuses less on rating errors and more on accuracy • Frame of reference training—help raters recognize multidimensional nature of job performance and to ensure that diff raters have same conceptualizations of job performance

The psychologist who is responsible for formulating the first comprehensive theoretical statement (extraversion and introversion) on criminal behavior advanced by such a professional was:

Hans J. Eysenck

Whose book was the first attempt to integrate the empirical research of psychologists relevant to criminal behavior and legal issues?

Hans Toch.

Whose book was the first attempt to integrate the empirical research of psychologists relevant to criminal behavior and legal issues?

Hans Toch. Hans Toch's book was the first attempt to integrate the empirical research of psychologists relevant to criminal behavior and legal issues.

Other Harassment than Sexual

Harassing or demeaning a person based on factors such as age, gender, race, socioeconomic status etc.

Maintaining Confidentiality

Have a primary obligation and take reasonable precautions to protect confidential information obtained or stored in any medium.

expert witness qualifications

Have specialized knowledge in an area; do not operate outside the scope of practice. No certifications required.

According to ________, psychologists must notify their clients how they may use the clients' personal health information.

Health Insurance Portability and Accountability Act of 1996 (HIPAA)

Unpaid bills

If the client does not pay for services in a manner that has been agreed upon, a psychologist may use a collection agency, but only after notifying the client of that intent and giving them an opportunity to pay the outstanding fees. The psychologist must provide the collection agency with only the limited information it needs to seek payment.

CAPP v. Rank

Hospital privileges for psychologists in California (1990).

Psychologists are to refrain from entering into a multiple relationship when?

If the relationship can be reasonably expected to impair the psychologist's objectivity, competence, or effectiveness, or otherwise risks exploitation or harm to the client

According to HIPAA, when might a psychologist be considered a "covered entity?"

If they transmit certain client information electronically

1.05 Reporting ethical violations

If violation has substantially harmed or is likely to harm a person/organization and not appropriate for informal resolution (or that didn't work), take further action. This includes referral to state or national committees, licensing board. Does not apply if this would violate confidentiality rights

Reporting Ethical Violations

If an apparent ethical violation has substantially harmed or is likely to substantially harm a person and is not appropriate for an informal resolution or is not resolved properly in that fashion. Referral to state or national committees on professional ethics or other appropriate institutional authorities. This standard does not apply if it would violate confidentiality rights or when psychologists have been retained to review the work of another psychologists whose professional conduct is called into question.

Client in danger to themselves

If client is believed to be in high risk for suicide the psychologist must protect their safety. Response may include a suicide contract, contacting the client's family, or having the client hospitalized. The psychologist, should, if possible discuss their intended action with the client and disclose information that is relevant to the situation, only.

Fees and financial agreements and limited service or non-payment

If limitations to services can be anticipated because of limitations to financing, this is discussed with the recipient of services as early as feasible. If the recipient of services does not pay for services as agreed, and if psychologists intend to use collection agencies or legal measures to collect fees, psychologists should first inform the person that such measures will be taken and provide the person with the opportunity to make prompt payment.

Higher ethical standard

If the Ethics Code establishes a higher ethical standard than the law, psychologists must meet this

If a member violates the ethics code, APA can:

Impose sanctions, such as termination of APA membership and notifying other bodies and individuals of their actions. They can also take action against a member after their conviction of felony, expulsion or suspension from affiliate organization, or suspension/loss of licensure

Which United States Supreme Court case held that a trial judge must raise the issue of a defendant's competency based upon either evidence or "bona fide doubt?"

In Pate v. Robinson (1966), the United States Supreme Court held that a trial judge must raise the issue of competency if either the court's own evidence, or that presented by the prosecution or defense, raises a "bona fide doubt" about the defendant's competency.

vicarious liability

In certain circumstances, supervisors and employers are legally responsible for the actions of their supervisees and employees.This is known as vicarious liability; and it applies when the supervisor/empl oyer has the right, ability, and responsibility to control the actions of the supervisee/employee and there is a substantial disparity between the knowledge, training, or experience of the supervisor/employer and that of the supervisee/employee (Simon, 2003).

not automatic; the judge reviews the relevant material to determine whether an exception applies and then issues an order to release the information if they determine there is a valid exception

In most cases, exceptions to privilege are

Code of Conduct consists of:

Intro and Applicability—intent, organization, procedural considerations, and scope of application of Ethics Code o Preamble—ASPRIRATIONAL goals o 5 General Principles—ASPRIRATIONAL goals o Specific Ethical Standards—ENFORCABLE rules of conduct • Applies to only psychologist's activities that are part of scientific, educational, or professional roles as psychologists

Which landmark case was instrumental in allowing psychologists to provide forensic testimony regarding mental illness?

Jenkins v. United States. Jenkins v. U.S. was the landmark case that was instrumental in allowing psychologists to provide forensic testimony regarding mental illness.

"you first" policy

Knapp and VandeCreek (2003) suggest that you establish this kind of policy that allows the client to decide if he/she will acknowledge the therapist outside the therapy office

Ethical student disclosure

Knapp and VendeCreek (2003) note, for example, that it would be acceptable for a faculty member to question a student about his mental state when the student exhibited a number of behaviors suggestive of depression and suicidal ideation.

The most widely cited study for the often-stated proposition that predictions of violence by mental health professionals are wrong at least two times out of three was by:

Kozol, Boucher, & Garafolo (1972). Kozol, Boucher, & Garafolo (1972) found that mental health professionals were wrong two out of three times when attempting to make predictions about violent behavior.

Competence to Stand Trial

Laws related to competence to stand trial were derived from the standard set forth in Dusky v. United States (1960), which defines a defendant as incompetent if, as the result of mental defect or illness, the defendant lacks "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."

Limits of confidentiality and protecting services delivered or stored electronically

Methods of protecting electronically stored information include using passwords, de-identifying confidential information, establishing and monitoring procedures for maintaining client confidentiality.

Prediction of Violence

MH professionals are not good at this, high rate of false positives. Best predictor: past violence behavior.

The state where Guilty But Mentally Ill (GBMI) legislation was introduced was:

Michigan

Maintenance, dissemination and disposal of confidential records of professional and scientific work

Maintain confidentiality in creating, storing, accessing, transferring, and disposing of records under their control, whether written, automated or in any other medium. Database or systems of records psychologists should use coding or other techniques to avoid inclusion of personal identifiers for persons whose access has not been consented to by the recipient.

Which of the following clinical conditions would NOT qualify as a "substantial disorder" regarding the GBMI verdict?

Major Depressive Disorder, Moderate. Of the above choices, a diagnosis of Marjor Depressive Disorder, Moderate would NOT qualify as "substantial" for the GBMI verdict.

Research on the characteristics of defendants who have presented successful insanity defenses, having been acquitted as NGRI, has found:

Major psychotic diagnoses.

Maintenance, dissemination and disposal of confidential records of professional and scientific work with a psychologist withdrawal

Make plans in advance to facilitate the appropriate transfer and protect the confidentiality of records and data in the event the psychologist withdraws from position or practice.

Interruption of psychological services

Make reasonable efforts to plan for facilitating services in the event that psychological services are interrupted by factors such as psychologists death, illness, unavailability, relocation etc or by the client's/patients relocation or financial limitations.

What has the data on sexual misconduct by therapists consistently shown?

Male therapists violate much more than female therapists, and they are usually older (42-44 y/o) than the female clients (30-33 y/o) they become involved with

Of Rogers' (1997) summarized response styles, which one is the only response style diagnosable in the DSM?

Malingering

Which of the following is accurate?

Malingering likely occurs between 15% and 17% of forensic cases.

Which of the following is NOT a misassumption of malingering?

Malingering occurs at an unpredictable rate. Malingering actually does occur at an unpredictable rate.

Of the various response styles summarized by Rogers (1997), which is the only one that is able to be diagnosed via the DSM?

Malingering. Malingering is the only one of these terms that is diagnosable via the DSM.

Changing or adding a specialty

Must meet the same requirements with respect to subject matter and professional skill that apply to doctoral training in new specialty

Descriptions of education and training programs

Must take reasonable steps to ensure that there is a current and accurate description of the program content, training goals and objectives, stipends and benefits, and requirements that must be met for satisfactory completion of the program. Must be made available to all interested parties.

Reasonable steps to correct or minimize the misuse or misrepresentation of work

Often, contact the involved party and request that a corrective measure be taken and then document the action they took to correct the misuse or misrepresentation

Confidentiality

Obligation of the psychologists to protect clients from unauthorized disclosure of information revealed in the context of a professional relationship. Confidentiality is ethical and sometimes legal requirement.

In your capacity as an Industrial Psychologist you observe repeated incidents of sexual harassment. What is your best course of action?

Observe the incidents and, if possible, take active steps to intervene - the Code states that psychologists attempt to "minimize harm to those with whom they work"

In your capacity as an I/O Psychologist you observe repeated incidents of sexual harassment. What is your best course of action?

Observe the incidents and, if possible, take active steps to intervene- the Code states that psychologists attempt to "minimize harm to those with whom they work"

Informed consent for recording voices and images in research

Obtain consent from research participants prior to recording voices or images for data collections, unless: 1) research consists of naturalistic observations in public places, and it is not used in a manner that could cause personal identification or harm; 2) research design includes description and consent for the use of the recording obtained during debriefing.

Multiple Relationship

Occurs when a psychologist has a professional time with a person and 1) at the same time is in a another role with the same person, 2) at the same time is in a relationship with a person closely associated with or related to the person with whom the psychologist has the professional relationship, or 3) promises to enter into another relationship in the future with person or a person closely associated with or related to the person

Multiple Relationships Definition

Occurs when a psychologist is in a professional role with a person and 1) is also in another role, 2) relationship with a person closely associated or related to the person, or 3) promises to enter into a relationship in the future with the person, their relative or related person.

HIPAA, Typically, chart notes kept on psychotherapy patients are considered to be _________________.

PHI

HIPAA, __________ refers to health information that identifies a patient, and that is transmitted or maintained in any form.

PHI

HIPAA, ____________ includes information about the MH condition (e.g., dx, symptoms, prognosis), provision of services (e.g., meds, treatments), and payments.

PHI

Public statements

Paid or unpaid advertising, product endorsements, grant applications, licensing applications, other credentialing applications, brochures, printed matter, directory listings, personal resumes or curricula vitae, or comments for use in media such as print or electronic transmission, statements in legal proceedings, lectures and public oral presentations, and published materials

Limits of confidentiality and minor clients

Parent and guardian of a minor client has the right to information that the minor reveals in the course of treatment. In order to not hinder effectiveness of treatment, all parties should agree at the outset of treatment what kind of information will and will not be disclosed (even though the agreement may not be legally binding).

Minor and parental confidentiality and privilege

Parent or legal guardian has a legal right to be informed of information revealed by a minor during the course of their treatment unless a legal exception to the general rule applies (e.g., minor emancipated or is legally able to consent to their treatment).

Guidelines for child custody evaluations include:

Purpose (the psychological best interest of the child is primary purpose of evaluation. Focus on parenting attributes, child's psychological needs, best fit between) Preparing (Competence, free of unwarranted bias or partiality, avoid multiple relationships) Conducting (Informed consent when possible, multiple methods of data collection, document limitations, maintain records)

Consultation/Supervision/training/referral, man seeks treatment to overcome fear of driving on freeway. Psychologist practices psychoanalytic, and hasn't done behavior therapy in 15 years.

Referral

Consultation/Supervision/training/referral, the therapist's personal beliefs and issues interfere with the therapy

Referral

Referral fees

Referral fees are not prohibited, but when they are paid to an individual professional (as opposed to a professional service) they must be based on the actual cost of services provided and not the referral itself. For example a psychologist refers clients to colleague and allows the colleague to use their office to see those clients, it would be acceptable to charge a fee related to colleagues costs associated with using the office space. As long as it is within reasonable range of the fair market value of the services provided.

Ethical Standards

Set forth enforceable rules. Not exhaustive.

Generally, protecting the welfare of the public is their primary purpose.

State licensing boards

What should be done if, after evaluating a high school student who is having conflicts with a teacher, a psychologist concludes the teacher, rather than the student, needs psychological attention?

Talk to the teacher alone in order to safeguard the teacher's rights and minimize harm or embarrassment

TRUE or FALSE: Regarding confidentiality in group therapy, group members are on their own honor to maintain confidentiality.

TRUE: Group members have no legally or ethically enforceable obligation to maintain the confidence of what they hear from other group members

A psychologist whose personal problems are preventing them from competently performing work-related activities should take what steps?

Take appropriate measures (e.g., obtain consultation or assistance) and determine whether they should limit, suspend, or terminate their work-related duties

What steps should be taken by a psychologist whose personal problems are preventing them from competently performing work-related activities?

Take appropriate measures (e.g., obtain consultation or assistance) and determine whether they should limit, suspend, or terminate their work-related duties

Avoiding harm

Take reasonable steps to avoid harming their clients, patients, students, supervisees and others they work with. And to minimize harm when it is foreseeable and avoidable.

HIPAA rule, requires a nationally standardized format be used for all health-care transactions that are transmitted electronically, most notably all insurance claims.

The Transaction Rule

Who is responsible for the appropriate application, interpretation, and use of assessment instruments scored and interpreted by automated services?

The administering psychologist retains responsibility

What is the primary value underlying the existence of Ethical Principles?

The advancement and protection of the welfare of the patients and clients of psychologists

Reasonable steps to correct or minimize misuse or misrepresentation of work

The appropriate action is often to contact the involved party and request a corrective measure be taken then document the action they took to correct the misuse or misrepresentation.

Waiver

The client authorizes a release of information; exception to privilege

When regular consultation with a supervisor about a client is done, what must occur?

The client must be informed that the therapist is being supervised

Regarding client records, who is the owner of the physical record?

Typically, the psychologist, while the client has the right to inspect the contents of the record

Giving an opinion as to whether the defendant was legally insane or whether a particular mens rea was formed in fact is known as what?

Ultimate issue testimony

when providing recods to education professionals who have a legitimate educational interest in the student, to appropriate individuals for the purpose of financial aid decisions, and to another school to which the student is transferring.

Under FERPA, schools pay disclose personally identifying information from student records without the consent of the parents of students or eligible students

personal notes that are the sole possession of education personnel and health records that are used in conjunction with the treatment of a student and are available only to the individuals providing the treatment

Under FERPA, these things are not covered by the right to records

Vicarious Liability

Under certain circumstances, supervisors and employers may be legally responsible for the actions of their supervisees and employees. This is referred to as vicarious liability (respondeat superior).

3.12 Interruption of Psychological Services

Unless otherwise covered by contract, psychologists make reasonable efforts to plan for facilitating services in the event that psychological services are interrupted by factors such as the psychologist's illness, death, unavailability, relocation, or retirement or by the client's/patient's relocation or financial limitations.

Sexual Harassment and Unreasonable Behavior

Unreasonable is often used by the courts to determine of behavior is a sexual harassment. There are clearly unreasonable situations and others that are ambiguous. Individual's response to behavior may help define this.

Cost effectiveness analysis

Useful when interventions to be compared have similar goals, but not possible to assign monetary value. Costs are expressed in monetary terms but outcomes are expressed in measure terms, such as number of clients who drop out or scores on a measure

Four most common exceptions to privilege

Waivers (client authorizes release of information). Mandatory reporting (knows or suspects client is involved in child, elder, or dependent adult abuse). Danger to self or others. Legal/regulatory actions (client is suing the therapist for malpractice /complaining to ethics committee or lic board, custody dispute, or subject of court ordered evaluations).

A client you know owns a gun and has a history of violent behavior tells you he is planning to shoot his ex-girlfriend. You should:

Warn the police and attempt to warn the ex-girlfriend, per "duty to protect"

A signed written form, an audio/videotape, or a note in the client's record

Ways of documenting consent

The Supreme Court ruled that a competency to stand trial hearing was not sufficient to determine defendants' competence to waive their constitutional right to the assistance of counsel and to conduct their own defense. This ruling was held in:

Westbrook v. Arizona

Ethical Standard 1

Resolving Ethical Issues

Forensic: Scope of confidence

You must consider your competence level, even within subjects that you're an expert, to engage in forensic work. This might include consulting with colleagues.

be informed of information revealed by the minor during the course of their treatment unless a legal exception applies

a minor's parent/guardian has the right to

In Sell v. United States, the U.S. Supreme Court held that:

antipsychotic drugs could be administered against the defendant's will for the purpose of restoring competency, but only in limited circumstances.

warn the intended victim, notify the police, or take other steps; action depends on the local jurisdiction

appropriate actions when a client is a danger to others

Subpoena, no client permission, 1. request subpoena be quashed; 2. appear but then ______________________.

assert patient-therapist privilege

In Jackson v. Indiana (1972), the United States Supreme Court held that incompetent defendants:

can be hospitalized only for a "reasonable" amount of time necessary to determine whether there is substantial probability that competency can be attained in the foreseeable future.

sexual harassment

comments, gestures, or physical contacts of a sexual nature that are unwelcome, offensive, or create a hostile work or educational environment

_____________________________ must be kept physical separate from the general medical record (or patient chart)

psychotherapy notes

HIPAA, Duties of the Psychologist, compliance is "______________", meaning more is expected of a hospital than a private practitioner.

scalable

Credentialing

ways in which professional competence is ensured and maintained; managed care orgs use this to determine if provides meet the standards of qualification and to provide themselves with some legal protection

contingency fee

when you get paid contingent on winning a case unethical in all circumstances to take on this kind of relationship