Ethics

Malpractice

Civil suits that require the plaintiff to prove his claim by a "preponderance of the evidence." -Four conditions must be met: 1.) must of had a professional relationship with the person that established a legal duty of care. 2.) There must be a demonstrable standard of care that you have breached. 3.)person suffered harm or injury. 4.) your breach of duty within the context of the standard of care was the proximate cause of the person's harm or injury. if they want money, harm or injury must be measurable in economic terms. best defense in cases of litigation is adequate records.

Ethical Standard 1.02 Conflicts between ethics and law regulations or other governing legal authority

Clarify the nature of the conflict, make known their commitment to the ethics code, and take reasonable steps to resolve the conflict consistent with the general principles and ethical standards of the ethics code. Never justified to violate human rights.

Terminating therapy

Clinicians are not always able to provide the care they feel is necessary for a client even when the care if covered by the client's insurance. This occurs when the case manger (reviewer) concludes that the recommended care is not "medically necessary." When additional coverage has been denied and you believe that treatment should be continued, the best initial course of action is to file an appeal on the behalf of the client. If denied, then discuss the situation with the client to identify options regarding alternative treatment and payment.

Speciality Guidelines for Forensic Psychology: Competence

Consider the relative complexity and specialized nature of the service, relevant training and experience, preparation and study you are able to devote to the matter, and the opportunity for consultation.

Ethical Standard 1.06 Cooperating with Ethics Committees

Cooperate in ethics investigations, proceedings, and resulting requirements of the APA or any affiliated state psychological association. address any confidentiality issues. -request for deferment of adjudication of an ethics complaint pending the outcome of litigation does not alone constitute non-cooperation. -if the committee requests information about a former client, you should confirm the client has signed a release before doing so.

General Guideline 1: Providers

(1.1) each psychological service unit offering psych services has at least one professional psychologist. (1.2) Providers of psych services who do not meet requirements for the professional psychologist are supervised, directed, and evaluated by a professional psychologist. (1.5) attempt to maintain and apply current knowledge of scientific and professional developments. (1.6) limit practice and supervision to areas of professional competence. (1.7) Psychologists who change or add a speciality meet the same requirements with respect to subject matter/skills that apply to doctoral training.

General Guideline: 2 Programs

(2.1) Strive to be responsive to the needs of the person/setting. (2.2) -written description of roles, objectives, and scope of services. -avoid any action that will violate or diminish legal/civil rights of users. (2.3) -guided by a set of procedural guidelines for the delivery of services. -clarify fee structure or financial arrangements and payment schedule. -accurate and current records of essential psych services are maintained. -follow an established policy for the retention and disposition of records. -establish a system that protects confidentiality of users' records.

General Guideline: 3 Accountability

(3.1) promotion of human welfare is the primary principle guiding professional activities. (3.5) In public interest, you may wish to provide services for little or no financial return.

Psychology licensure

-"protect the public by limiting licensure to those persons who are qualified to practice psychology as defined by state or provincial law." -determine standards for admission into the profession -monitor the performance via reviewing complaints.

Cost Analysis

-Cost-benefit Analysis (CBA): --comparing the costs and benefits of an intervention in monetary terms. --May be difficult to assign a monetary value to an intervention's outcome. -Cost-effectiveness analysis (CEA): --costs are expressed in monetary terms, but outcomes are expressed in measurable (nonmonetary) terms (# of clients who drop out prematurely) --create cost-effectiveness ratios -Cost-utility analysis (CUA): --evaluating alternative interventions by comparing costs with the value of their outcomes in terms of healthy years of life. --Quality-adjusted life years Cost-feasibility analysis (CFA): --Evaluate the feasibility of one or more interventions on the basis of the monetary and other resources they would require. --decide if intervention is worth considering. --does not take into account the outcomes of an intervention Cost-Minimization analysis (CMA): --determine the least costly option that produces equivalent outcomes. Cost-offset analysis (AKA medical cost offset): --determine the reduction in medical costs obtained by providing a mental health or other non-medical intervention. -providing psychotherapy results in substantial medical cost offset.

Ethical Standard: 5.01 Avoidance of False or Deceptive Statements

-Do not knowingly make public statements that are false, deceptive, or fraudulent concerning research, practice, or other work activities. -not in any case concerning training, academic degrees, credentials, institutional affiliations, services, etc. -Claim degrees as credentials for their health services only is those degrees were earned from a regionally accredited educational institution, were the basis for psychology licensure by the state in which you practice. -credentials applies to health services, but not to other activities such as teaching or conducting research.

Ethical Standard: 5.05 Testimonials

-Do not solicit testimonials from current therapy clients or other persons. -because of their particular circumstances, they are vulnerable to undue influence. -does not entirely ban client testimonials.

Ethical Standard: 7.06 Assessing Student and Supervisee Performance

-Establish a timely and specific process for providing feedback. This information regarding the process should be provided at the beginning of supervision. -Evaluate based on their actual performance on relevant and established program requirements.

Ethical Standard: 5.02 Statements by others

-If you engage others to create or place public statements that promote professional practice, you retain professional responsibility for such statements. -you do not compensate employees of press, radio, tv, in return for publicity in a news item. (unethical for you to promise a newspaper a reduced therapy fee for her daughter in exchange for an article about your upcoming workshop.) -a paid advertisement relating to your activities must be identified or clearly recognizable as such.

Speciality Guidelines for Forensic Psychology Fee Arrangements

-Make clear to client the likely cost of services -make appropriate provisions in cases where costs are greater than anticipated or the client's ability to pay changes. -strive to avoid providing professional services on the basis of contingent fees. -Letters of protection, financial guarantees, and other security for payment of fees in the future are not considered contingent fees unless payment is dependent on the outcome of the matter.

Informed Consent/Assent

-Must be completed as early as feasible in the therapeutic relationship. -needs to be documented (signed written form, audio/video) -signed written consent may be required by law or institutional regulation. -When the individual is a minor or other person not legally capable of giving consent, you must provide the individual with an explantation, seek the individual's assent (agreement), and obtain permission from a legally authorized person. Parents are usually considered competent.

Ethical Standard: 9.03 Informed Consent in Assessments

-Obtain informed consent unless: a.) testing is mandated by low or governmental regulation. b.) informed consent is implied because testing is conducted as a routine educational, institutional, or organizational activity. c.) evaluate decisional capacity. -For people with questionable capacity or for whom testing is mandated by law, you discuss the nature and purpose of the proposed assessment services, using language that is understandable. --Need to obtain informed consent from the client to use interpretive services. --ensure confidentiality of test results and test security are maintained. -in report, discuss any limitations on the data obtained.

Expert Witness

-Person who by reason of education or specialized experience possesses superior knowledge respecting a subject about which persons having no particular training are incapable of forming an accurate opinion or deducing correct conclusions. -allowed to offer opinions and provide testimony based on hypothetical scenarios.

Speciality Guidelines for Forensic Psychology

-Psychological practice is not considered forensic solely because the conduct takes place in, or the product s presented in, a tribunal or other judicial, legislative, or administrative forum.

Speciality Guidelines for Forensic Psychology Multiple relationships

-Strive to recognize the potential conflicts of interest and threats to objectivity inherent in multiple relationships. -avoid involvement whenever feasible or limit assistance.

Family Education Rights and Privacy Act (FERPA)

-applies to records maintained by educational institutions receiving federal funds. -prohibits schools from disclosing personally identifying information from student records without the consent of the parents of students or of eligible students, except in certain circumstances: 1.) education professionals who have a legitimate educational interest in the student. 2.) financial aid decisions 3.) another school d/t student transfer. -parents and eligible students have a right to inspect and challenge record.

General Guidelines for Providers

-aspirational -describe the minimum qualifications required to provide services. -adopted as a means of self-regulation in the public interest for the purpose of improving the quality, effectiveness, and accessibility of psych services. -Divided into three sections: a.) Guideline 1: Providers b.) Guideline 2: Programs c.) Guideline 3: Accountability

Purpose of the child custody evaluation

-assist in determining the psychological bets interests of the child. -child's welfare is paramount. -focuses on parenting attributes, child's psychological needs, and the resulting fit.

Speciality Guidelines for Forensic Psychology Record keeping

-attend to relevant laws ands rules. -inform the retaining party of the limits of record keeping times. -Maintain records until notified that all appeals in the matter have been exhausted, or sending a copy of any unique components/aspects of the record in their care and control to the retaining party before destruction of the record.

Ethical Standard: 8.06 Offering inducements for research participation

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

Avoiding bias in language

-capitalize, but do not hyphenate the name of racial and ethnic groups. -refer to racial and ethnic groups as specifically as possible (Korean American rather than Asian American). -avoid gender bias by replacing nouns that imply gender exclusivity (spokesperson rather than spokesman). -use "male" and "female" as adjectives but not as nouns (use men and women rather than males and females) -Avoid the generic use of the masculine pronoun by using the plural form of the noun and pronoun. -sexual orientation rather than sexual preference and avoid using the term homosexual and use hay man, lesbian, bisexual man -use gender to refer to gender role and sex to refer to biological distinction. -when describing people with a physical or mental disability, put the people first (children with ADHD, adults diagnoses with a personality disorder, etc.) -don't categorize people as objects (older adults as "elderly) or people with depression as "depressives"

Acceptable breaches of confidentiality

-client is a danger to him/herself: --establish a no-suicide contract --contact the client's family --hospitalization -client is a danger to another person: --Tarasoff v. Regents of the University of California (1976) -Tarasoff decision: not duty to warn, but rather "duty to protect by warning him, notifying the police, or taking other steps. -only when a client poses a clear and imminent danger to an identifiable victim. -would not have a duty to warn if: a.) client reveals he killed a person 10 years ago and was never questioned b.) says his brother-in-law has been talking about killing his boss c.)says i'm mad enough to kill someone, but no specific intended victim. -client is a perpetrator or victim of child abuse --immunity from civil or criminal liability when a report has been made in good faith. -no time limits as long as victim is still a minor -not legally required to file a case when a adult reveals abuse as a child unless the abuser is still victimizing minors. -preferable to involve the client in the reporting; contact child protective services in the child's presence.

Duty to warn/protect: HIV

-client with HIV reveals he is having unsafe sex -some places have passed laws, others prohibit you from saying anything. Legal liability related to Confidentiality and the Prevention of HIV Transmission (APA, 1991) A.) legal duty to protect 3rd parties from HIV should not be imposed b.) if laws are passed, it should permit disclosure when: 1.) provider knows of an identifiable third party who has compelling reason to believe is at significant risk for infection 2.) provider has a reasonable belief that the 3rd party has no idea about the potential risk 3.) client has been urged to inform the 3rd party and has either refused or is considered unreliable in his willingness to notify.

Competence to stand trial

-derived from Dusky v. United States (1960), which defines a defendant as incompetent if, as the result of a mental defect or illness, the defendant lacks "sufficient present ability to consult with his lawyer with a reasonable degree of rationale understanding and... a rational as well as a factual understanding of the proceedings against him." -focus is not psychological abilities and impairments, including capacity to comprehend charges, disclose pertinent facts to counsel, and testify.

Users

-direct users or recipients -public and private institutions, facilities, organizations

Conducting the child custody evaluation

-establish the scope of the evaluation in a timely fashion consistent with referral question. -obtain appropriate informed consent. -employ multiple methods of data gathering -interpret assessment data in a manner consistent with the context of the eval. -complement the eval with the appropriate combination of examinations. -base recommendation upon the psychological bests interests of the child. -create and maintain professional records in accordance with ethical and legal obligations.

Speciality Guidelines for Forensic Psychology Persons not ordered or mandated to undergo exam

-if not ordered by the court, seek informed consent. -if declines, post-pone exam, advise the examinee to contact his attorney, notify the retaining party about the patient's unwillingness to proceed.

Ethical Standard: 7.05 Mandatory Individual or Group Therapy

-if required, students could select therapy from people unaffiliated with the program. -Faculty responsible for evaluating student's academic performance, do not themselves provide the therapy.

Insanity

-legal concept that serves as the basis for a criminal defense. "person lacks substantial capacity to appreciate the wrongfulness of the act or... behave according to the requirements of the law." Some states replaced guilty by reason of insanity to alternatives such as guilty, but insane or guilty but mentally ill.

Guardianship

-legal right given to a person to be responsible for the necessities of another person legally deemed incapable of providing these necessities himself. Guardian ad litem: adult appointed by the court to represent and make decisions for someone (such as a minor) legally incapable of doing so on his own in a civil legal proceeding.

Preparing for the custody evaluation

-maintain specialized competence. -function as impartial evaluator -engage in culturally informed, nondiscriminatory evaluation. -avoid conflicts of interest and multiple relationships.

Limits of Confidentiality: Military

-must adhere to department of defense -explain the limits on confidentiality (need to violate confidentiality when you believe he is unfit for duty or poses a threat to national security) -discuss concerns related to who the client is in the situation.

Ethical vs. Legal requirements

-must resolve it in a way that is "keeping with basic principles of human rights." -if the ethics code establishes a higher standard of conduct than is required by law, psychologists must meet the higher ethical standard.

Prediction of violence

-not really accurate (high false-positives) -Best predictor: past history of violent behavior. Combine past violence with static factors (age at first offense, comorbid psych conditions) and dynamic risk factors (impulse control, substance use, social support).

Ethical Standard 2.01 Boundaries of Competence

-provide services only within boundaries of competence, based on education, training, supervised experienced, consultation, study, or professional experience. -psychologist have or obtain the training/experience necessary to ensure competence of their services. -Make appropriate referrals except when providing services in emergencies. -If going to teach/provide services that are new to you, you better undertake relevant education/training. -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 services are not denied if they make reasonable effort to obtain the competence required by using relevant research/training. -In emerging areas where prep training does not exist, psychologist take reasonable steps to ensure competence of their own work to protect patients/students. (when using a new or experimental technique, the client must be made aware of the fact and special care must be taken to protect the client from harm. -Forensic settings: become reasonably familiar with the judicial or administrative rules governing their roles. **when expanding one's services, you should minimize the potential for harm and may want to consult with another professional to determine what additional training is required.

Guidelines for Providers of Psych Services to Ethnic , Linguistic, and culturally diverse populations

-recognize cultural diversity -understand the role that culture and ethnicity/race play in the sociopsychological and economic development of ethnic and culturally diverse populations. -understand that socioeconomic and political factors significantly impact the psychosocial, political, and economic development of ethnic and culturally diverse groups. -help clients to understand/maintain/resolve their own sociocultural identification. -understand the interaction of culture, gender, and sexual orientation on behavior and needs.

Speciality Guidelines for Forensic Psychology Provision of emergency mental health services to forensic examinees

-situation may arise that requires you to provide short-term therapeutic services to the examinee. -encouraged to limit disclosure of information and inform retaining attorney, legal rep., or the court. -consider whether you can continue in a forensic role.

Psychological service unit

-unit that provides predominantly psychological services and is composed of one or more psychologists and supporting staff. -may operate as a functional or geographic component of a larger governmental, educational, correctional, health, training, industrial, or commercial organizational unit or as an independent professional service unit. -psychologist providing professional services in a multidisciplinary setting. -individual or group of individuals in a private practice or a psychological consulting firm.

Guidelines for Ethnic , Linguistic, and culturally diverse populations

1.) Educate clients to the processes of psychological intervention. -provide information in writing along with oral examinations. -written information is provided In language understandable to the client. 2.) Cognizant of relevant research and practice issues related to population served. -ethnicity and culture impact behavior and need to take those factors into account. -seek out educational/training experiences. -recognize the limits of their competence and expertise; seek consultation or make referrals. -consider the validity of a given instrument or procedure and interpret resulting data keeping in mind the cultural and linguistic characteristics. 3.) Recognize ethnicity and culture as significant parameters in understanding psychological processes. -be aware on how your own cultural background/experience, attitudes, values, biases influence psych processes. -incorporate an understanding of the client's ethnic and cultural background including familiarity/comfort with the majority culture. -increase clients awareness of their own cultural values and norms. -help determine whether a problem seems from racism or biases in others in order to avoid personalization. -consider not only differential diagnostic issues, but also cultural beliefs about providing intervention. 4.) Respect the roles of family members and community structures, hierarchies, values and beliefs within the client's culture. -identify resources in the family and community 5.) Respect religious and spiritual beliefs/values including attributions and taboos. -become familiar with indigenous beliefs and practices. -perhaps include/consult with religious/spiritual leaders. 6.) Interact in language requested, if not feasible, make a referral. -make a referral, use translator, use a trained paraprofessional from client's culture. 7.) Consider the impact of adverse social, environmental, and political factors in assessing problems and designing interventions. -intervention match client's level of needs. 8.) Eliminate biases, prejudices, and discriminatory practices. -acknowledge discriminatory practices at the social and community level. -cognizant of sociopolitical contexts 9.) Document sociopolitically relevant factors in the records. generations in country, fluency in english, family support, community resources, level of education, change in social status since coming to usa, stress related to acculturation.

Ethical Standard: 7.03 Accuracy in teaching

1.) Ensure course syllabi is accurate regarding subject matter, evaluation practices, nature of course experiences. 2.) when teaching, present psych information accurately. --does not preclude modifying course requirements when modification is "pedagogically necessary or desirable" and students are made aware in a timely manner.

APA Ethics Code

1.) Introduction and Applicability 2.) Preamble 3.) General Principles (5; A-E) 4.) Ethical Standards * Preamble and general principles are aspirational and nonenforceable. * ethical standards are mandatory, enforceable provisions. APA make take action whether or not it resulted directly from activities performed by the member in his/her professional role.

Gottlieb (1993) 3 factors when determining acceptability of a multiple relationship

1.) Power differential: 2.) Duration of the relationship: 3.) Clarity of Termination: What is the likelihood that the individual will desire additional professional services in the future? If there is a chance that either relationship will continue (e.g., that the individual will want to return for additional therapy later), the less acceptable the multiple relationship.

Responding to a Subpoena

1.) determine if it is legally valid. 2.) If valid, formal response is required, but you should first contact the client to discuss implications of providing the requested information. 3.) If client consents, provide the requested information. If the client does not consent, you or the client's attorney can attempt to negotiate with the party who issued the subpoena. 4.) Seek guidance from the court informally with a latter or have the client's attorney file a motion to quash the subpoena or a motion for a protective order.

Ethical Standard 4.02 Discussing the limits of confidentiality

1.) discuss the relevant limits of confidentiality 2.) foreseeable uses of the information generated through their psychological activities. a.) unless not feasible or contraindicated, discuss at the outset of the relationship and as new circumstances warrant. b.) if you communicate via electronic transmission, inform clients of the risks to privacy and limits of confidentiality.

Ethical Standard: 8.07 Deception in research

1.) do not use deception unless you have determined that the use of deceptive techniques is justified by the study's significant prospective scientific, educational value and that effective non-deceptive alternative procedure is not feasible. 2.) Do not use deception when reasonably expected to cause physical pain or severe emotional distress. 3.) Explain any deception that is an integral feature of the design and conduct of an experiment to participants as early as feasible, preferably at the conclusion of participation, but no later than at the conclusion of the data collection, and permit participants to withdraw their data.

Informed consent for experimental treatments

1.) experimental nature of the treatment. 2.) services that will or will not be available to the control group. 3.) means by which assignment to treatment and control groups will be made. 4.) available treatment alternatives if the person does not wish to participate or wishes to withdraw. 5.) compensation or monetary costs

Ethical Standard: 4.04 Minimizing Intrusions on privacy

1.) include in written and oral reports/consultations, only information germane to the purpose. 2.) discuss confidential information obtained in their work only for appropriate scientific or professional purposes.

Ethical Standard: 8.02 Informed Consent to Research

1.) purpose of the research, expected duration, procedures. 2.) right to decline to participate and withdraw. 3.) foreseeable consequences of declining or withdrawing. 4.) reasonably foreseeable factors that may be expected to influence their willingness to participate (risks, discomfort, adverse effects) 5.) prospective research benefits 6.) limits of confidentiality 7.) incentives for participation 8.) who to contact for questions about the research and your rights.

Ethical Standard: 8.04 Client, Student, and Subordinate Research Participants

1.) take steps to protect the prospective participants from adverse consequences or declining or withdrawing from participation. 2.) when participation is for extra credit or course requirement, prospective participant is given the choice of equitable alternative activities.

Ethical Standard: 10.10 Terminating Therapy

1.) terminate when it becomes reasonably clear that the client no longer needs the service, is not likely to benefit, or is being harmed by continued service. 2.) Terminate when threatened or otherwise endangered by client or another person related to client (breaching confidentiality does not apply if you need to contact police to obtain protection) 3.) Except when precluded by actions of the client or third party payors, prior to termination, provide pre-termination counseling and suggest alternative service providers as appropriate (referrals) If a client can no longer afford therapy, the best course of action would be to continue providing therapy at a mutually agreed upon reduced fee, or if not feasible, help the client find alternative services.

Six most common reasons for disciplinary action in order from most to least

1.) unprofessional conduct 2.) sexual misconduct 3.) non-sexual dual relationship 4.) negligence 5.) conviction of a crime 6.) failure to maintain adequate or accurate records. Pope and Vasquez (2011) most common reasons for newly opened cases by the ethics committee: 1.) loss of licensure in another jurisdiction 2.) sexual misconduct with an adult 3.) inappropriate practice involving child custody 4.) nonsexual dual relationship 5.) inappropriate practice involving insurance or fees.

Ethical Standard: 8.05 Dispensing with Informed Consent for Research

1.) where research would not reasonably be assumed to create distress or harm and involves: a.) 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 people at risk of criminal or civil liability or damage their financial standing, employability, or reputation, and confidentiality is protected. c.) study of factors related to job or organization effectiveness conducted in organizational setting for which there is no risk to participants employability and confidentiality is protected. permitted by law of other federal regulation.

Ethical Standard: 4.05 Disclosures

1.) you may disclose confidential information with the appropriate consent unless prohibited by law. 2.) Psychologists disclose confidential information without consent only as mandated by law or where permitted by law for a valid purpose: a.) provide needed professional services b.) obtain appropriate professional consultations c.) protect client from harm d.) obtain payment for services; disclosure should be limited to the minimum that is necessary to achieve purpose.

Confidentiality and privilege for minors

A minor's parent or legal guardian has a legal right to be informed of information revealed by the minor during the course of his treatment unless a legal exception to this general rule applies ( when the minor is emancipated or is legally able to consent to his own treatment). minor'a parent is usually the holder of the privilege for the minor, but there are also legal exceptions (dad accused of molesting his minor son).

Ethical Standard: 6.04 Fees and Financial Arrangements

A.) as early as feasible, reach an agreement specifying compensation and billing arrangements. B.) fee practices are consistent with law. C.) If limitations to services can be anticipated because of limitations in financing, this is discussed as early as possible. D.) If client does not pay, and you intend to use collection agency/legal measure, you need to first inform the person that such measures will be done and provide the person to make a prompt payment. the client should be aware of: -hourly fee, policy regarding missed appointments, arrangements with third party payors, procedures for collecting unpaid bills.

Sanctioners

A.) direct users or recipients of psych services. b.) public and private institutions, facilities or organizations c.) any other individual, group, organization, etc. having legitimate interaction with a psychologist in a professional capacity.

Speciality Guidelines for Forensic Psychology Commenting upon legal proceedings

Address particular legal proceedings in publications or communications only to the extent that the information relied upon is part of a public record or when consent for that use have been obtained. -If you make public statements about specific cases you were not involved in, you better have sufficient information or data and make clear the limitations of such statements.

Holder of the Privilege

Although the client (or the client's legal guardian or representative) is the holder of the privilege, a psychologist may claim on behalf of the client when he is asked to disclose confidential information in a legal proceeding. exceptions to privilege: 1.) waivers: client authorizes a release of information 2.) Mandatory reporting: child, elder, or dependent adult abuse. 3.) Danger to self or others: 4.) Legal/regulatory actions: 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.

Speciality Guidelines for Forensic Psychology Out of Court Statements

Avoid making detailed public (out of court) statements about legal proceedings. When making public statements, you refrain from releasing private, confidential, or privileged information, and attempt to protect persons from harm, misuse, or misrepresentation.

Ethical Standard: 10.06 Sexual Intimacies with relatives or significant others of current therapy clients

D0 not engage in sexual relationships with people you know to be close relatives, guardians, or significant others of current clients. -you cannot terminate therapy to circumvent this issue.

Ethical Standard: 10.03 Group Therapy

Describe at the outset the roles and responsibilities of all parties and the limits of confidentiality.

Ethical Standard: 10.07 Therapy with Former Sexual Partners

Do not accept therapy clients you had prior sexual intimacies. No time limit or other exception.

Ethical Standard 1.08 Unfair Discrimination Against complainants and respondents

Do not deny persons employment, advancement, admissions, based solely upon their having made or their being subject of an ethics complaint. Does not preclude taking action based upon the outcome of such proceedings or considering other appropriate information. if the outcome is bad; you can fire them!

Ethical Standard: 3.03 Other Harassment

Do not engage in behavior that is harassing or demeaning to persons with whom their interact in their work based on factors such as the person's age, gender, gender identity, etc.

Ethical Standard: 7.07 Sexual Relationships with students and supervisees

Do not engage in sexual relationships with students who are in your department agency, or training center or who you have or likely have evaluative authority. Applies to CURRENT students, and may not apply to former students or students in other departments.

Ethical Standard: 3.02 Sexual Harassment

Do not engage in sexual solicitation, physical advances, verbal or nonverbal conduct that is sexual in nature, that occurs in connection with the psychologists' activities or roles. can consist of a single intense or severe act or of multiple persistent or pervasive acts. -individual's response to the behavior may help establish "unreasonableness. quid pro quo (this for that): explicit or implicit requirement to trade sexual favors for a promotion, raise, or other tangible job benefit. Hostile environment: sexually offensive behaviors that make it difficult for an employee to perform her job (sexual gestures, jokes, remarks, pictures).

Ethical Standard: 3.08 Exploitative Relationships

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

Ethical Standard: 8.11 Plagiarism

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

Ethical Standard: 8.13 Duplicate publication of data

Do not publish, as original data, data that has been previously published. Tis does not preclude republishing data when they are accompanied by proper acknowledgement.

Ethical Standard: 7.04 Student Disclosure of Personal Information

Do not require students to disclose personal information except if: 1.) program/training facility has clearly identified this requirement in its admissions/program materials. 2.) information is necessary to evaluate or obtain assistance for students whose personal problems could reasonably be judged to be preventing them from performing their activities in a competent manner or posing a threat to other students. --acceptable for a faculty member to question a student about his mental state if he has exhibited a number of behaviors suggestive of depression.

Ethical Standard: 10.05 Sexual Intimacies with current therapy clients

Do not! Ever!

Speciality Guidelines for Forensic Psychology Persons Lacking capacity to provide informed consent

For those adjudicated, or presumed by law to lack capacity to provide informed consent for forensic service, you nevertheless provide an appropriate explanation, seek examinee's assent, and obtain appropriate permission from legally authorized person. -For examinees whom you have concluded lack capacity to provide informed consent to a proposed, non-court ordered service, but who have not been adjudicated as lacking such capacity, you take reasonable steps to protect the rights and welfare. You may consider suspending proposed service or notifying the examinee's attorney or training party.

Pro Bono Services

General Principle B: (fidelity and responsibility) -psychologists strive to contribute a portion of their professional time for little or no compensation or personal advantage. -recommended, but not required by the ethics code.

Limits of Confidentiality: Group Therapy

Group therapy: discuss the need for confidentiality in both prescreening interviews and initial therapy sessions and periodically remind members of the importance; encourage members to confront each other in therapy about possible violations; encourage members to maintain confidentially when group ends.

HIPPA

Health Insurance Portability and Accountability Act (1996) -provides minimum standards for the access and use of a patient's health information and distinguishes between protected health information and psychotherapy notes. -Protected Health Information (PHI): individually identifiable health information that is maintained or transmitted in any medium. -Privacy rule: a.) inform patients of their privacy policies b.) grant patients access to PHI and allow them to request changes to PHI if they feel its incorrect c.) obtain patient's authorization before sharing health information d.) secure patient records e.) inform business associates of privacy practices f.) train employees so they understand privacy procedures. *** does not require health care providers to obtain authorization from a patient prior to using or disclosing PHI for routine treatment, payment, or healthcare operations. -however, you should obtain written/verbal consent from patients prior to disclosing PHI to third parties.

Ethics code vs. Law

If ethics code establishes a higher standard of conduct than is required by law, psychologists must meet the higher ethical standard. If psychologists' ethical responsibilities conflict with law, regulations, or other governing legal authority, psychologists make known their commitment to the Ethics Code and take steps to resolve the conflict in a responsible manner in keeping with basic principles of human rights.

Ethical Standard: 10.04 Providing therapy to those served by others

If someone is already receiving mental health treatment elsewhere, you need to consider: a.) treatment issues b.) client's welfare -discuss these issues with the client to minimize risk of confusion, conflict. -proceed with caution you should consult and cooperate fully with the other therapist while providing treatment. If the same treatment modality (psychodynamic) probably not the best idea.

Ethical Standard 1.05 Reporting ethical violations

If substantial harm or likely substantial harm or informal resolution does not work: -referral to state or national committees on professional ethics, state licensing boards, or to the appropriate institutional authorities. -does not apply when an intervention would violate confidentiality rights or when psychologists have been retained to review the work of another psychologist whose professional conduct is in question. -substantial harm: sexual misconduct, insurance fraud, plagiarism.

Ethical Standard 1.04 Informal Resolution of ethical violations

If you believe there may have been an ethical violation by another psychologist, attempt to resolve the issue by brining to the attention of that individual if informal resolution appears appropriate and the intervention does not violate confidentiality rights. **** client confidentiality always takes precedence over the need to educate or punish an offending psychologist.

Ethical Standard 1.01 Misuse of Psychologists' Work

If you misuse work, take responsibility to correct/minimize it. -often to contact the involved party and request that a corrective measure be taken and then document the action he took to correct the misuse or misrepresentation.

Competence

If you want to change from a speciality in educational psychology to one in clinical psychology, you don't have to obtain a second doctoral degree in clinical psychology, but must complete the coursework and supervised training required for that degree.

Limits of Confidentiality: Couple and Family

Let partners or family members know at the outset of treatment that information disclosed in private sessions will be divulged as he sees fit in accordance with the greatest benefit for the couple or the family.

Ethical Standard: 3.12 Interruption of Psychological Services

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

Ethical Standard: 10.09 Interruption of therapy

Make reasonable efforts to provide for orderly and appropriate resolution of responsibility for client in the event that employment or contractual relationship ends with paramount consideration given to the welfare of patient.

Ethical Standard: 7.02 Descriptions of Education and Training Programs

Make sure current and accurate description of the program content. needs to be readily available.

Ethical Standard: 9.11 Maintaining test security

Manuals, instruments, protocols, and other test questions or stimuli and does not include test data. -make efforts to maintain the integrity and security of test materials and other assessment techniques consistent with law and contractual obligations. -unethical to have a patient take the MMPI at home.

Ethical Standard: 8.03 Informed Consent for Recording Voices and Images in Research

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

Speciality Guidelines for Forensic Psychology: Release of Information

Need to recognize the importance of complying with properly noticed and served subpoenas or court-orders.

Ethical Standard 1.07 Improper Complaints

No not file or encourage complaints that are made with reckless disregard for or willful ignorance of facts.

Sliding fee scales

Not addressed by the ethics code, but are generally considered acceptable as long as use of a sliding fee scale is fair and serves the best interests of the client. "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."

Client Access to Records

Not covered by ethics code, but is addressed by federal, state, and provincial laws. HIPPA Act -some laws grant ownership of physical records to the clinician/institution, but clients have the right to inspect and amend the information.

Ethical Standard: 3.05 Multiple Relationships

Occurs when a psychologist is in a professional role with a person and 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; (3) promises to enter into another relationship in the future with the person or a person closely associated with or related to the person. -refrain if the multiple relationship could reasonable be expected to impair the psychologists' objectivity, competence, or effectiveness in performing his functions 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. -If a potentially harmful multiple relationship has arisen, you take reasonable steps to resolve it with the best interests of the affected person and maximal compliance with the ethics code. - if required by law, institutional policy, or extraordinary circumstances to serve in more than one role in judicial or administrative proceedings, at the outset, you clarify role expectations and the extent of confidentiality. **unacceptable to go into business with a current client or the sibling of that client once therapy has ended. ** prohibition against multiple relationships is not absolute. chance encounters: -"you first" policy: allows the client to decide if he will acknowledge the therapist outside the therapy office. -while psychologists should 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, this does not preclude them from "testifying in cases as fact or expert witnesses concerning therapeutic treatment of the children, parents, or families.

PHI vs. psychotherapy notes.

PHI: information used by healthcare professionals or entities that relates to the patient's physical or mental health care that could be used to identify the patient and that has been transmitted or maintained in any form. Psychotherapy notes: notes in any medium used by the mental health clinician for the purpose of documenting or analyzing the content of a therapy session and that are maintained separately from the patient's medical record. Psychologists do not have to release their psychotherapy notes, unless required to do so by state law.

Sexual Misconduct by psychotherapists

Pope et al. (1993): male therapists engage in sexual and other dual relationships more often than female therapists do; male therapists are older (42-44) and client (30-33); no relationship with theoretical orientation. Lamb and Catanzaro (1998): men more likely to report sexual boundary violations and non-sexual boundary violations (social friends with a client). Lamb, Catanzaro, and Moorman (2003): incidence of sexual relationships between therapists and clients is declining (8% to 3.5%).

Speciality Guidelines for Forensic Psychology Use of case materials in teaching, continuing education, and other scholarly activities

Present such information in a fair, balanced, and respectful manner. protect the privacy of persons by disguising the confidential, personally identifiable information of all persons/entities. -obtain consent from the relevant clients, parties, participants, and organizations to use materials.

Ethical Standard 4.01 Maintaining Confidentiality

Primary obligation and take reasonable precautions to protect confidential information obtained through or stores in any medium.

Psychotherapy notes

Privacy rule allows psychologists to decide whether or not to release their psychotherapy notes to patients unless patients have access to them under state law.

Privacy vs. Confidentiality vs. Privilege

Privacy: "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. Confidentiality: obligation of psychologists to protect clients from unauthorized disclosure of information revealed in the context of a professional relationship. Privilege: legal concept that protects a client's confidentiality in the context of legal proceedings. Jaffee v. Redmond: protect psychotherapist-patient privilege.

Ethical Standard 2.02 Providing services in emergencies

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. --services are discontinued as soon as the emergency has ended or appropriate services are available.

Speciality Guidelines for Forensic Psychology Therapeutic-Forensic Role Conflicts

Providing forensic and therapeutic psychological services to the same individual or closely related individuals involves multiple relationships that may impair objectivity. -encouraged to disclose potential risk and make reasonable effort to refer to qualified provider. -possibility of separating each service widely in time, seeking judicial review/direction, consulting with knowledgeable colleagues.

Principle B: Fidelity and Responsibility

Psychologists establish relationships of trust with those with whom they work. They are aware of their professional and scientific responsibilities to society and to the specific communities in which they work. Psychologists uphold professional standards of conduct, clarify their professional roles and obligations, accept appropriate responsibility for their behavior, and seek to manage conflicts of interest that could lead to exploitation or harm. Psychologists consult with, refer to, or cooperate with other professionals and institutions to the extent needed to serve the best interests of those with whom they work. They are concerned about the ethical compliance of their colleagues' scientific and professional conduct. Psychologists strive to contribute a portion of their professional time for little or no compensation or personal advantage.

Principle D: Justice

Psychologists recognize that fairness and justice entitle all persons to access to and benefit from the contributions of psychology and to equal quality in the processes, procedures, and services being conducted by psychologists. Psychologists exercise reasonable judgment and take precautions to ensure that their potential biases, the boundaries of their competence, and the limitations of their expertise do not lead to or condone unjust practices.

Principle E: Respect for People's Rights and Dignity

Psychologists respect the dignity and worth of all people, and the rights of individuals to privacy, confidentiality, and self-determination. Psychologists are aware that special safeguards may be necessary to protect the rights and welfare of persons or communities whose vulnerabilities impair autonomous decision-making. Psychologists are aware of an respect cultural, individual, and role differences, including those based on age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, language, and SES, and consider these factors when working with members of such groups. Psychologists try to eliminate the effect on their work of biases based on those factors, and they do not knowingly participate in or condone activities of others based upon such prejudices.

Principle C: Integrity

Psychologists seek to promote accuracy, honesty, and truthfulness in the science, teaching, and practice of psychology. In these activities psychologists do not steal, cheat, or engage in fraud, subterfuge, or intentional misrepresentation of fact. Psychologists strive to keep their promises and to avoid unwise or unclear commitments. In situations in which deception may be ethically justifiable to maximize benefits and minimize harm, psychologists have a serious obligation to consider the need for, the possible consequences of, and their responsibility to correct any resulting mistrust or other harmful effects that arise from the use of such techniques.

Principle A: Beneficence and Nonmaleficence

Psychologists strive to benefit those with whom they work and take care to do no harm. In their professional actions, psychologists seek to safeguard the welfare and rights of those with whom they interact professionally and other affected persons, and the welfare of animal subjects of research. When conflicts occur among psychologists' obligations or concerns, they attempt to resolve these conflicts in a responsible fashion that avoids or minimizes harm. Because psychologists' scientific and professional judgments and actions may affect the lives of others, they are alert to and guard against personal, financial, social, organizational, or political factors that might lead to misuse of their influence. Psychologists strive to be aware of the possible effect of their own physical and mental health on their ability to help those with whom they work.

Ethical Standard: 9.04 Release of Test Data

Raw and scaled scores, client/patient responses to test questions or stimuli and psychologists' notes and recordings concerning client statements and behavior during exam. Pursuant to a client release, psychologists provide test data to the client or other persons identified in the release. - you may refrain from releasing data to protect a patient from harm or misuse or misrepresentation of the data. --if the absence of a client release, you provide data only as required by law or court order.

Ethical Standard: 6.01 Documentation of Professional and Scientific Work and Maintenance of Records

Record and maintain order to: 1.) facilitate provision of services later by them or others. 2.) allow for replication of research design and analyses. 3.) meet institutional requirements. 4.) ensure accuracy of billing and payments. 5.) ensure compliance with law. APA's (2007) Record Keeping Guidelines: -for each substantive contact with a client, the record should include the date, duration of the session, type of services provided (assessment? treatment?), nature of the intervention or contact (treatment modality), summary of the client's status. -retain records per legal, regulatory, institutional , and ethical requirements. -considering retaining full records until 7 years after the last date of service delivery for adults or until 3 years after a minor reachers the age of majority.

Ethical Standard: 3.06 Conflict of Interest

Refrain from taking on a professional role when scientific/other interests/relationships could be expected to: a.) impair objectivity, competence or effectiveness in performing functions. b.) expose the person or organization to harm or exploitation.

Ethical Standard: 8.15 Reviewers

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

Third Power Requests for Services

Standard 3.07: need to clarify the nature of the relationship with all involved individuals from the outset of the delivery services. important to discuss the limits of confidentiality.

Vicarious Liability (respondeat superior)

Supervisors may be legally responsible for the actions of their supervisees and employees. legal determination ordinarily rests on the disparity in training and experience between the supervisor and supervisee and the right, ability, or responsibility of the supervisor to control the actions of the supervisee.

Ethical Standard: 9.06 Interpreting Assessment Results

Take into account the purpose of the assessment, various test factors, test-taking abilities, and other characteristics of the person that might affect your judgment or reduce the accuracy of the interpretations. -indicate any significant limitations in your interpretations.

Ethical Standard: 3.04 Avoiding Harm

Take reasonable steps to avoid harming their clients and to minimize harm where it is foreseeable and unavoidable.

Ethical Standard: 6.06 Accuracy in Reports to Payors and Funding Services

Take reasonable steps to ensure the accurate reporting of the nature of the service provided or research conducted, the fees, charges, or payments, and the identity of the provider, the findings, and the diagnosis.

Ethical Standard: 2.05 Delegation of Work to Others

Take reasonable steps to: 1.) avoid delegating work to persons who have a multiple relationship with those being served that would likely lead to exploitation or loss of objectivity. (inappropriate for you to ask client's daughter to act as an interpreter. 2.) authorize only those responsibilities that such persons can be expected to perform competently on the basis of their education/training. 3.) such persons perform these services competently. -up to you to decide whether or not a supervisee or employee has the requisite knowledge and skills. -timely feedback (most frequently cited violation: inadequate performance evaluation and monitoring of interns' activities). -

Ethical Standard: 7.01 Design of Education and Training Programs

Take steps to ensure programs are designed to provide appropriate knowledge and proper experiences, and meet all requirements for licensure, certification, or other goals.

Informed Consent and Assent

Three conditions must be met: 1.) capacity: individual is able to make rational decisions. 2.) Comprehension: individual is given adequate information and understands the information sufficiently to make an informed decision. 3.) Voluntariness: Individual has given consent freely (without coercion). debate regarding individuals with mild intellectual disability to understand information on the limits of confidentiality. need to include: -nature and anticipated course of therapy, fees, involvement of third parties, and limits of confidentiality. -experimental/emerging procedures: inform clients of the developing nature of the treatment, potential risks, alternative treatments, and voluntary nature of participation.

Client Welfare

To protect client welfare, the ethics code provides mandatory, enforceable ethical standards that govern a psychologists' behavior in consultations, therapy, research, forensics, and others. when choosing a course of action, always focus on the welfare of the client.

Ethical Standard 2.03 Maintaining Competence

Undertake ongoing efforts to develop and maintain competence.

Ethical Standard: 9.05 Test Construction

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

Ethical Standard: 3.10 Informed Consent

Use 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 the ethics code. -for those legally incapable of giving informed consent, you should: a.) provide an appropriate explanation b.) seek individual's assent c.) consider such persons' preferences and best interests. d.) 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; you take reasonable steps to protect rights and welfare of the person. court-ordered or mandated: -inform the individual of the nature of the anticipated services including whether the services are court-ordered or mandated and any limits of confidentiality. -document written or oral consent, permission, and assent.

Testimony

When a request for confidential information arises for the first time during court testimony or a deposition, you may assert the psychotherapist-patient privilege and refuse to provide the information until ordered to do so by the court.

Ethical Standard: 3.09 Cooperation with other Professionals

When appropriate, cooperate with other professionals in order to serve their clients more effectively and appropriately.

Confidentiality and Consultations

When consulting, discuss only information relevant to the purpose of the consultation and only reveal confidential information with the client's prior consent.

Ethical Standard: 5.04 Media Presentations

When providing public advice or comment via print, internet, etc., you take precautions to ensure statements are: 1.) based on professional knowledge/training and in accord with psych literature/practice. 2.) consistent with the ethics code. 3.) do not indicate that a professional relationship has been established with the recipient. --does not apply to telehealth

Ethical Standard: 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. referral fees are not prohibited, but when they are paid to an individual professional (as opposed to a referral service), they must be based on the actual costs of the services provided and not the referral itself.

Court Order

When the court issues an order to provide testimony or produce documents and attempts to have the order modified or vacated have been unsuccessful, you must comply with the order to avoid being held in contempt of court.

Ethical Standard: 2.04 Bases for Scientific and Professional Judgments

Work is based on established scientific and professional knowledge of the discipline.

Ethical Standard: 6.05 Barter with Clients

You may barter only if: 1.) not clinically contraindicated. 2.) resulting arrangement is not exploitative. housekeeping/childcare = clinically contraindicated because of the potential negative consequences.

Ethical Standard: 6.03 Withholding records for nonpayment

You may not withhold records under your control that are requested and needed for a client's emergency treatment solely because payment has not been received. -some states may not recognize nonpayment of fees as a legitimate reason for withholding records under any circumstance.

Ethical Standard: 9.10 Explaining assessment results

You take reasonable steps to ensure the explanations of results are given to the individual or representative unless the nature of the relationship precludes provision of an explantation of results. Don't just give a patient her T-scores on the MMPI, but rather provide an understandable explanation of the scores and their implications.

Ethical Standard: 2.06 Personal Problems and Conflicts

a.) Psychologists refrain from initiating an activity when they know or should know that there is a likelihood that their personal problems will prevent them from performing their work-related activities in a competent manner. b.) become aware of personal problems that may interfere with their work-related duties; take appropriate measures such as obtaining professional consultation/assistance; determine whether you should limit, suspend, or terminate work-related duties. -seeking therapy, referring clients to other professions, and consulting with another professional to identify the most appropriate action.

Ethical Standard: 9.02 Use of Assessments

a.) Use assessment techniques that are appropriate in light of the research or evidence of the usefulness and proper application. b.) Use instruments whose validity and reliability have been established for use with members of the population tested. Describe strengths and limitations of test results. c.) use assessment methods that are appropriate to an individual's language preference and competence.

Ethical Standard: 8.09 Humane care and use of animals in research

a.) acquire, care for, use, and dispose of animals in compliance with current laws. b.) psychologists trained 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.) All individuals under your supervision have received instruction in research methods and in the care/maintenance of the species being used. d.) make effort to minimize discomfort, infection, illness, pain to animals. e.) Use a procedure subjecting animals to pain, stress, or privation only when an alternative procedure is unavailable and the goal is justified by scientific value. f.) perform surgical procedures under appropriate anesthesia and follow techniques to avoid infection and minimize pain after surgery. g.) When appropriate to terminate life, you proceed rapidly with an effort to minimize pain and in accordance with accepted procedures.

Ethical Standard: 8.14 Sharing research data for verification

a.) after research is published, do not withhold the data on which your conclusions are based from other professionals who seek to verify and intend to use such data only for that purpose, provided that confidentiality of participants be protected and unless legal rights concerning proprietary data preclude their release. This does not preclude psychologists from requiring such individuals/groups be responsible for costs associated with the provision of such information. b.) Use shared data only for declared purpose. Need to obtain prior written agreement for all other uses of the data.

Ethical Standard: 9.01 Bases for assessments

a.) base your opinions on information and techniques sufficient to substantiate findings. b.) provide opinions only after you have conducted an adequate examination. When not possible, you document the efforts you made and the result of those efforts, clarify probable impact of limited information on the reliability and validity of your opinions, and limit the nature and extent of your conclusions/reccomendations. c.) When you conduct a record review or provide consultation or supervision and an individual examination is not warranted/necessary for the opinion, you explain this and the sources of info. on which you based your conclusions/reccomendations.

Ethical Standard: 9.08 Obsolete tests and outdated test results

a.) do not base decisions on outdated test results. b.) do not base decisions on tests that are obsolete and not useful for the current purpose.

Ethical Standard: 10.08 Sexual Intimacies with former therapy clients

a.) do not engage in sexual relationships with former clients for at least 2 years after termination of therapy. b.) Do not engage in sexual relationships with former clients even after 2 year interval in the most unusual circumstances. You bear the burden of demonstrating that there has been no exploitation, including: 1.) amount of time that has passed since therapy terminated 2.) nature, duration, and intensity of therapy 3.)circumstances of termination 4.) patient's personal history 5.) patient's current mental status 6.) likelihood of adverse impact on client 7.) any statements or actions made by the therapist during the course of therapy suggesting/inviting the possibility of a post-termination sexual/romantic relationship. you should also consider laws or other institutional regulations.

Ethical Standard: 8.10 Reporting research results

a.) do not fabricate data b.) if you discover errors in published data, you take reasonable steps to correct errors via correction, retraction, erratum, or other appropriate publication means.

Psychological Services

a.) evaluation, diagnosis and assessment of the functioning of individuals, groups, and organizations. b.) interventions, preventive and ameliorative that facilitate functioning of individuals, groups, and organizations. c.) consultation relating to A/B d.) program development e.) administration and supervision of psych services. f.) evaluation of all psychological services.

Ethical Standard: 9.09 Test Scoring and Interpretation Services

a.) if you offer scoring services to other professionals, you accurately describe the purpose, norms, validity, reliability and applications of the procedures and any special qualifications applicable to use. b.) select scoring and interpretation services on the basis of evidence of the validity of the program/procedures. c.) 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.

Ethical Standard: 10.01 Informed Consent to therapy

a.) inform clients as early as possible about the nature, and anticipated course of therapy, fees, involvement of third parties, and limits of confidentiality; allow sufficient time for client to ask questions. b.) if innovative treatment, inform client of the developing nature of the treatment, potential risks, alternative treatments that may be available, voluntary nature of their participation. (includes services being provided over the internet via email, videoconferencing, or chat rooms). c.) inform the client that you are in training and being supervised; give the name of the supervisor.

Ethical Standard: 6.02 Maintenance, Dissemination, and Disposal of Confidential Records of Professional and Scientific work

a.) maintain confidentiality in any medium. b.) if entered into databases, use coding or other techniques. c.) make plans in advance to facilitate the transfer and to protect the confidentiality of records in the event of psychologists' withdrawal from position or practice. Examples: -keeping information contained in files confidential -keeping records in a locked filing cabinet or room -making sure access to records stored in electronic databases is limited. if you die, you should specify in your professional will or elsewhere how client records should be handled. -agreement with a colleague. -ask a professional association to assist

Providers of psychological services

a.) professional psychologists b.) other persons who provide psychological services.

Ethical Standard: 8.08 Debriefing

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

Ethical Standard: 8.12 Publication Credit

a.) take responsibility and credit (including authorship credit) only for work you have actually performed or to which you have substantially contributed. b.) principal authorship and other publication credits accurately reflect the professional contribution. Minor contributions are acknowledged 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. Example: University of Victoria (2011): if a student does not produce the first draft of the manuscript within 12 months of defending the thesis/dissertation, the supervisor can take over the lead and be listed as principal author.

Ethical Standard: 3.07 Third Party Requests for Services

attempt to clarify at the outset of the service the nature of the relationship with all individuals or organizations involved. includes: -role of the psychologist -identification of the client -probable uses of the services provided or the info obtained. -limits to confidentiality.

Ethical Standard: 4.03 Recording

before recording, you need to obtain permission.

Limits of Confidentiality: Employee assistance programs

can be breached when the client signs an authorization for release of confidential information. -when the client is believed to be a danger to himself or others

Speciality Guidelines for Forensic Psychology Persons ordered or mandated to undergo exam

can conduct exam over the objection, and without the consent of the examinee. -if declines, post-pone exam, advise the examinee to contact his attorney, notify retaining party.

Ethical Standard: 10.02 Therapy Involving Couples or Families

clarify at the outset: 1.) which of the individuals are clients 2.) the relationship the psychologist will have with each person. -clarification includes your role and the probable uses of the services provided or the information obtained. -if it becomes apparent that you may be called on to perform potentially conflicting roles (e.g., family therapist and then witness for one party in divorce proceedings), you take reasonable steps to clarify and modify, or withdraw from roles appropriately. May want to refuse to testify because "client" had been the couple, not just the husband. --systems oriented family therapist is likely to view the entire family as the client and may not be willing to see family members individually or keep information reveled by one family member secret.

Limits of Confidentiality: Minor clients

disclosure to parent may undermine the effectiveness of treatment, and a good practice is to have all parties agree at the outset of treatment what kinds of information will and will not be disclosed ( even though it's not legally binding)

Ethical Standard: 4.07 Use of Confidential Information for didactic or other purpose

do not disclose in writings, lectures, or public media confidential personally identifiable information unless: 1.) take reasonable steps to disguise the person 2.) person has consented 3.) there is legal authorization to do so. -simply using a pseudonym for the individual may not be sufficient, especially when potentially identifying details have not been changed.

Ethical Standard: 3.01 Unfair discrimination

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 biases proscribed by law. ** does NOT preclude you from refusing to provide services to individuals you do not feel competent to serve or to "difficult individuals." -- more appropriate for you to refer an individual who stirs up troubling feelings or anger than to treat the patient yourself.

Ethical Standard: 5.06 In-person solicitation

do not engage, directly or through agents, in uninvited in-person solicitation of business from actual or potential therapy clients. Does not preclude: 1.) attempting to implement appropriate collateral contacts for the purpose of benefiting an already engaged therapy client. 2.) providing disaster or community outreach services. Example: it would be unethical for you to follow the police to a crime scene and hand out business cards to crime victims.

Ethical Standard: 9.07 Assessment by unqualified persons

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

Ethical Standard: 5.03 Descriptions of workshops and non-degree-granting educational programs

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

Ethical Standard 1.03 Conflicts between ethics and organizational demands

if conflict with an organization, psychologists clarify the nature of the conflict, make known their commitment to the ethics code, and take reasonable steps to resolve the conflict consistent with the general principles and ethical standards of the ethics code.

Speciality Guidelines for Forensic Psychology Communication with Forensic Examinees

inform about the purpose, nature, and anticipated use of the exam, who will have access to the info, associated limitations on privacy, confidentiality, and privilege, anticipated cost, consequences of participation or non-participation.

Limits of Confidentiality: Deceased clients

not covered by ethics code, but some places have laws that apply. -in certain states, records of a deceased cannot be released to a family member without a release from the executor or administrator of the client's estate.

Fact witness

person who testifies as to what he has seen, heard, or otherwise observed regarding circumstance, events, or occurrence as it actually took place. not allowed to offer opinions.

Speciality Guidelines for Forensic Psychology Focus on legally relevant factors

provide information about examinees' functional abilities, capacities, knowledge and beliefs, and address opinion and recommendations to the identified psycholegal issues.

Ethical Standard: 3.11 Psychological Services Delivered to or through organizations

provide information beforehand to clients and when appropriate those directly affected by the services: a.) nature/objectives of the services b.) intended recipients c.) which of the individuals are clients d.) relationship the psychologist will have with each person and the organization e.) probable uses of services provides and information obtained. f.) who will have access to the information g.) limits of confidentiality -provide information about the results/conclusions as soon as feasible. --if precluded by law or organization from providing such information; you need to say that at the outset of the service.

Ethical Standard: 4.06 Consultations

when consulting, do not disclose confidential information that could lead to the identification of the client unless you have obtained prior consent or disclosure cannot be avoided. disclose information only to the extent necessary.

Ethical Standard: 8.01 Institutional Approval

when required, you provide accurate information about your research proposals and obtain approval prior to conducting the research.

Limits of Confidentiality: Services delivered or stored electronically

when you store information in databases or other systems that can be accessed by others, you must use coding or other techniques that restrict access to identifying information. -passwords -de-identifying confidential information -establishing/monitoring procedures for maintaining client confidentiality.