Ch. 3: Ethical Decision Making Decoding the Ethics Code (Fisher)

Consent Paradox

How Fischer describes the use of decption in research ( intentionally withhold information or misinform participants about the purpose of the study, the methodology, or roles of research confederates) --> consent paradox: obtaining 'informed consent' under conditions in which participants are not truly informed. A Case Example of Deception Research = Since Stanley Milgram (1963) obedience experiments, -Deception is still widely practiced within experimental social psychology and in sexual health behavior and health care research

Step 4:

Make efforts to understand the perspective of different stakeholders who will be affected by and who will affect the outcome of the decision. These efforts should help illuminate aspects of the dilemma that are related to power, privilege, and sociopolitical oppression.

Ethical Relativism

(similar /associated w/ forms of utilitarianism and communitarianism, ) denies the existence of universal or common moral values characterizing the whole of human relationships, proposing instead that how ethical problems are identified and resolved is unique to each particular culture or community. --> This can result in confusing what "is" for what "ought" to be (Melchert, 2015). -->For example, this stance runs the risk of condoning client or organizational behaviors, beliefs, and attitudes that reflect systemic cultural injustices or cultural values such as racism, heterosexism, or misogyny that are iatrogenic to a client's mental health or the well-being of employees or those whom organizations serve

Six steps in ethical decision making

1) Ethical commitment 2) Consider the relevant APA Ethics Code General Principles and Ethical Standards and scientific and professional guidelines as well as organizational policies. 3) Federal, state and civil law 4) stakeholders 5) Generating alternatives and selecting a course of action 6)Monitoring

4 ethical pitfalls that lead students to commit ethical violations

1)beleifs that ethics code is optional or only for bad people 2)personal characteristics (mental health/addiction) distract from learning how to integrate ehtics in to practice 3) poor advisement/supervision/training/preparation 4)overenthusiasm, rushing to complete training that leads to blurring of appropriate boundaries or taking ethical shorcuts in science or practice

2 things the Ethics Code is based on?

1. Aspirational Principles 2. Behavioral rules

Aspirational Principles

5 of these called "general principles" listed in Ch 2 = core values of psychology discipline that guide members in braod terms of the moral rightness or wrongness of an act --> inspire the right way to act ut dont tell you specificially how to Act/behave

Step 5:

Apply Steps 1 to 4 to generate ethical alternatives. - Assess the competencies required to implement each alternative and consult with colleagues if necessary. -Consider how different ethical theories might prioritize each alternative. -Select the alternative that best fulfills one's obligations under the Ethics Code and has the greatest likelihood of protecting the rights and welfare of those who will be affected.

Ch 3 case example

Case Example Working With a Client With Racist Attitudes and Behaviors Psychotherapists may wrestle with ethical principles guiding treatment of clients/patients with impulse control or cognitive or emotional disorders whose symptomology includes expressions of racist attitudes and behaviors. --Consider the case of a client who has been suspended from work for continued harassment of and threats against his Hispanic coworkers. --Psychologists applying an ethical absolutist position might jump to the conclusion that since racism and intolerance are universally morally reprehensible, the client has no regard for right and wrong or the feelings of others and thus is suffering not only from possible impulse control disorders but also from the more character-based antisocial or paranoid personality disorder. --By contrast, those holding a relativist position might decide that the best approach would be to treat the mental health problem as distinct from the client's prejudicial attitudes because of their belief that psychologists should be accepting of their clients' socially constructed values. --Approaching this dilemma from an ethical contextual perspective, psychologists would base their treatment plan on the assumption that, given intolerant beliefs driving the client's behavior are inconsistent with basic moral values, the crucial task for the psychologist is to understand the meaning and function of the racist attitudes and behaviors as they relate to the client's mental health problems and address both the racism and mental health conditions during treatment.

Step 2:

Consider the relevant APA Ethics Code General Principles and Ethical Standards and scientific and professional guidelines as well as organizational policies. -Dr. Ames reviews the Ethics Code standards. She realizes that because two of her group therapy patients have unexpectedly entered into a romantic relationship discussed only in their individual sessions that she is confronting an unforeseen potentially harmful multiple relationship (Standard 3.05b, Multiple Relationships). -She realizes that her concerns regarding the health risks to Angela and her baby and her conflict over maintaining James' confidentiality can potentially compromise her objectivity and effectiveness in performing her job. -According to Standard 3.05b, she must take reasonable steps to resolve the problem with due regard for the best interests of all the affected persons -Dr. Ames also recognizes that while it is important to protect James' confidentiality (Standard 4.01, Maintaining Confidentiality), the Ethics Code permits her to disclose confidential information to protect others from harm (Standard 4.05, Disclosures). She had thought that her informed consent procedure was consistent with ethical standards, since she did inform James and all her individual and group clients/patients of her legal obligation to report child abuse and the possibility that disclosure could also occur to protect others from harm (Standard 4.02, Discussing the Limits of Confidentiality). However, although she was prepared to address issues of group members fraternizing outside of group, she did not anticipate that this type of situation would arise, and she is unsure about the answers to the following questions. Should James' decision to intentionally keep his HIV status secret and to continue to have unprotected sex with Angela be considered "harm" to another person? Did the consent language adequately inform Dr. Ames' clients/patients that the risk of transmitting HIV would meet the criteria for disclosure (Standards 10.01, Informed Consent to Therapy; 10.03, Group Therapy)? --Dr. Ames also reviews the Ethics Code's aspirational principles. She recognizes that she has a fiduciary responsibility to both James and Angela that rests on establishing relationships of trust (Principle B: Fidelity and Responsibility) --and worries that the therapeutic alliance with James may be jeopardized if she discloses his HIV status to Angela and that her therapeutic alliance with Angela may be compromised if she is perceived to be colluding with James in a secret that could be harmful to the health of Angela and her baby (Principle A: Beneficence and Nonmaleficence, Principle C: Integrity, and Principle E: Respect for People's Rights and Dignity).

Step 3:

Determine whether there are local, state, and federal laws specific to the ethical situation. -Identify also the procedures required to be in compliance with these laws and the consequences of legal action for the welfare of individuals with whom the psychologist works and relevant third parties.

Can virtues be taught?

Ethical commitment is just the first step in effective ethical decision making. Good intentions are insufficient if psychologists fail to identify the ethical situations to which they should be applied. --> Beyond the intellectual virtues transmitted in the classroom and modeled through mentoring and supervision, excellence of character can be acquired through habitual practice -->One such habit for the virtuous graduate student and seasoned psychologist is a commitment to lifelong learning and practice in the continued development of moral excellence -->"In the process of making decisions regarding their professional behavior, psychologists must consider this Ethics Code, in addition to applicable laws and psychology board regulations." "Lack of awareness or misunderstanding of an ethical standard is not itself a defense to a charge of unethical conduct."

Stakeholders

Ethical decision making requires sensitivity to and compassion for the views of the affected individuals. - assessment = how do test results / report wrting affects clients life jand also how telling them the purpose of testing facilitates or hinders test validity

Ethical Decision Making

Ethical decision making thus involves a commitment to applying the Ethics Code and other legal and professional standards to construct rather than simply discover solutions to ethical quandaries (APA, 2012f) -->Rather, the Ethics Code provides psychologists with a set of aspirations and broad general rules of conduct that psychologists must interpret and apply as a function of the unique scientific and professional roles and relationships in which they are embedded.

Ethical Awareness and Ethical Theories

Ethical theories provide a moral framework to reflect on conflicting obligations. Unfortunately, ethical theories tend to emphasize one idea as the foundation for moral decision making, and illustrative problems are often reduced to that one idea.

Step 6:

Monitor and evaluate the effectiveness of the course of action. Modify and continue to evaluate the ethical plan if feasible and necessary.

Is Deception in research allowed?

Standard 8.07, Deception in Research (as well as federal regulations governing participant protections) permits deception under limited conditions. -->However, its use remains ethically controversial.Readers should refer to Chapter 11 for a more in-depth discussion of Standard 8.07, Deception in Research.

Ethical Awareness

To identify a situation as warranting ethical consideration, psychologists must be aware of the moral values of the discipline.

Ethical Standards

allow psychologists to take preventive measures to avoid the harms, injustices, and violations of individual rights that often lead to ethical complaints. -->ex: psychologists familiar with the standards on confidentiality and disclosure (ch 7) will take steps in advance to (a) develop appropriate procedures to protect the confidentiality of information obtained during their work-related activities; (b) appropriately inform research participants, clients/patients, organizational clients, and others in advance about the extent and limitations of confidentiality; and (c) develop specific plans and lists of appropriate professionals, agencies, and institutions to be used if disclosure of confidential information becomes necessary.

Ethical Theories: Communitarianism

assumes that right actions derive from community values, goals, traditions and cooperative virtures. --> Asks whether a policy will produce the kind of community we want to live in?

Step 1:

commitment to doing what is right and identify when there are ethical issues includes: (a) continuous reflection on the personal versus professional values and potential conflicts of interest influencing reactions to ethical dilemmas and (b) ongoing implementation of appropriate self-care strategies to guard against the influence of occupational stress.

Focal Virtures in Psychology

condes of conduct help gide general beahvior but not context specific situations so certian guiding vritues are therefore required in decision making: 1)A conscientious psychologist: is motivated to do what is right because it is right, diligently tries to determine what is right, makes reasonable attempts to do the right thing, and is committed to lifelong professional growth. 2)A discerning psychologist: brings contextually and relationally sensitive insight, good judgment, and appropriately detached understanding to determine what is right. 3)A prudent psychologist: applies practical wisdom to ethical challenges, leading to right solutions that can be realized given the nature of the problem and the individuals involved.

Ethical Theories: Deontology or Kantian Ethics

considered "absolutist," "universal," and "impersonal". -->It prioritizes absolute obligations over consequences. -->ethical decision making is the rational act of applying universal principles to all situations irrespective of specific relationships, contexts, or consequences. -->reflects Immanuel Kant's conviction that ethical decisions cannot vary or be influenced by special circumstances or relationships.

Openness to Others

core virtue in practice of multiculturalism

Ethical Theories: Utilitarianism or Consequentialism

focus on consequences (or utility) of an act over the application of universal principles -->ethical decision is situation specific and must be governed by a risk-benefit calculus that determines which act will produce the greatest possible balance of good over bad consequences.

Ethical Cometence

helps identify unanticipated situations that require ethical decision making. -->Ethical problems often arise when two or more principles or standards appear to be in conflict, when unexpected events occur, or in response to unforeseen reactions of those with whom a psychologist works. --> involves series of steps which will be determined by the consequences of previous steps

Guidelines

needed for planning, but they are unenforceable and only aspirational -->For example, Standard 2.01, Boundaries of Competence, requires psychologists to limit their services to populations and areas within their boundaries of competence, but as a general standard it does not specify what such competencies are in different work contexts. -->By contrast, guidelines such as those for multicultural education, training, research, practice, and organizational change (APA, 2003) describe the specific areas of training, education, or supervision that psychologists must have to perform their jobs competently.

Laws, Regulations, and Policies

only handful of ethical standards require psychologist adhere to laws --> to solve problems = Need to identify and understanding applicable laws, government regulations, institutional/ organizational policies --State,federal laws/ organizational policies govern -----> patient privacy, mandated reporting for child abuse and neglect and elder abuse, research with humans and animals, conduct among military enlistees and officers, employment discrimination, conflicts of interest, billing, and treatment. -->Ex:practicing psychologists need to be familiar with rules and procedures under the Health Insurance Portability and Accountability Act (HIPAA). -->Those working in schools must understand privacy rights protections under the Family Education Rights and Privacy Act (FERPA). -->Psychologists involved in forensically relevant activities must also be familiar with continuing evaluation of rules of evidence governing expert testimony, and research psychologists need to know the Department of Health and Human Services Part 46 Protection of Human Subjects.

Ethical Theories: Relational Ethics

origniating out of feminist ethics/ethics care, sees a commitment . to act on behalf of persons with whom one as a significant relationship as central to ethical decision making. -->It underscores the value of understanding the point of view, needs, and expectations of clients/patients, research participants, and others as a means of enhancing psychologists' own moral development and ethical decision making --> views gaffee study as violation of interpersonal trust to participants aka bad

Ethical Standards

outline specific behaviors = practical application of the moral principles to the work of psychologists in specific settings and with specific populations. Usually people will be insituations they are incompliance with standards but There will also be many instances in which: (a) the means by which to comply with a standard are not readily apparent, (b) two seemingly competing standards appear equally appropriate, (c) application of a single standard or set of standards appears consistent with one aspirational principle but inconsistent with another, or (d) a judgment is required to determine whether exemption criteria for a particular standard are met. ===> this is why we have ethics code to guide beahvior in challenging situations

Ethical commitment

refers to a strong desire to do what is right because it is right (Josephson Institute of Ethics, 1999). - in psych = moral disposition and emotional responsiveness that move psychologists to creatively apply the APA's Ethics Code principles and standards to the unique ethical demands of the scientific or professional context. -> The desire to do the right thing has often been associated with moral virtues or moral character, defined as a disposition to act and feel in accordance with moral principles, obligations, and ideals—a disposition that is neither principle bound nor situation specific --> Virtues habits acquired through social/professional education to provide motivation/skills required for a psychologist to apply standards of the profession to situations --> said another way virtues = cognitive, emotional, dispositional, behavioral, and wisdom aspects of character strength, which motivates and enables us to act ethically out of an attachment to what is good.

Ethical Absolutism,

reject influence of culture, simiilar to denotic theory, leads to a "one-size-fits-all" form of ethical problem solving which doesnt work --> For example, drawing on Principle C, Integrity, a psychologist who has learned that a child client has a genetic marker for a serious adult onset disorder may believe it is his ethical duty to share this information with the child, without considering other moral positions, including the child's right to have one's future options kept open until one is old enough to make one's own life choices (Millum, 2014).

Ethical Competence

requires ethical planning and ethical competence should be preventative so you can inticipate and plan before a problem occurs

Ethical Contextualism

v"cross-cultural ethics or moral realism" blends the two approaches and assumes that moral principles such as beneficence, integrity, social justice, and respect for people's rights and dignity are or should be universally valued across diverse contexts and cultures, but the expression of an ethical problem and the right actions to resolve it can be unique to the cultural context -->like in relational/feminsist framework psychologist adhering to this are motivated to understand how ethical values may be differentially expressed across different cultural contexts and to identify when group acceptance of a norm is inconsistent with a basic universal morality.