Abnormal Psychology Ethics - Chapter 18 +Lecture 3

What are some ethical guidelines of the CPA and APA

One of the ethical guidelines is don't have sexual relationships with clients Having a sexual relationship with a client is not illegal but it is unethical as it betrays the clinician-patient relationship The American Psychological Association and CPA say you can have a sexual relationship with a former patient but one must wait 3 years

What does the term Parens Patriae refer to ?

Parens Patriae: Power of the state the government, or any other authority, regarded as the legal protector of citizens unable to protect themselves.

What is civil commitment/involuntary commitment

The legal process of placing a potentially dangerous or mentally ill person who may not have broken a law in a mental institution, even against his or her will. The legal process of placing a person in a mental institution, even against his or her will if they pose a threat to themselves or society. e.g. unable to provide for the basic physical needs of food, clothing,

What is the psychologist's role in a clinical setting

Help treat persons diagnosed with psychological disorders with the goal of enhancing and promoting psychological wellbeing. Psychologists must adhere to ethical guidelines that prevent harm to patients and guide professional behavior

When an individual is involuntarily committed who acts on their behalf

In Ontario when committed you are assigned an advocate who listens to your requests and present them to doctors. Advocates are skilled in negotiating on behalf of a patient Note well! -Advocates do not have to be lawyers

In the legal system- who decides if one is legally responsible for a crime committed

Judge decides •Psychologists and psychiatrists can only give opinions

What type of legal system does Quebec have

Quebec only jurisdiction in North America that does not use common law ▪ They use (Napoleonic Code) civil law which is a comprehensive statement of rules. Many are framed as broad, general principles to deal with any dispute that may arise. ▪ Specific set of rules that can't be changed ▪ Civil law requires legislative change

What does constitutional law outline/ What is constitutional law

The body of law based on the constitution formed in 1982 : It regulates the functioning of the state by outlining what the values of the country are and guides the duties and rights of citizens. All laws of Canada, both provincial and federal, must conform to the Constitution Constitutional law cannot be changed, however Americans change the constitution by amendments

What is criminal commitment

The legal process of confining a person to a mental institution if found not guilty by reason of insanity/on account of a mental disorder or for determination of competency to stand trial

What is the process for involuntary commitment in Ontario

The length of involuntarily commitment differs from province to province In Ontario Form 1- used to bring someone to a psychiatry facility for an assessment that lasts up to 72 hours physician who signs the application must have personally examined the person and must be signed within 7 days Form 2 Involuntary admission requires another physician to complete a certificate of involuntary admission another physician must assess whether you must be kept involuntarily beyond 72 hours Form 3 Form 3 allows the involuntary detention and treatment for a period of 14 days After 14 days another determination is made-are you a danger to self and others? If yes, Form 4 used when a doctor determines that the person must remain in the hospital involuntarily for another month. Can be renewed as needed

Rules Here in Ontario What are some differences as it relates to involuntary commitment between Ontario and other provinces

The length of involuntarily commitment differs from province to province In some parts, involuntary patients may be treated without consent. In Ontario, treatment without the consent of the patient or of a substitute, if the patient is mentally incompetent is not permitted. Some jurisdictions such as Ontario use a broad definition of mental disorder, while others use a specific definition -Saskatchewan

What are some limits to confidentiality

client is less than 16 years old and the therapist has reason to believe that the child has been a victim of a crime such as child abuse/If one says they have knowledge of child abuse law subpoenas medical records must provide or may be held in contempt a client is a danger to self or to others and disclosure of information is necessary to ward off such danger

What is privileged communication

communication between parties in a confidential relationship that is protected by law. The recipient of such a communication cannot legally be compelled to disclose it as a witness.

What is an ethical dilemma? Provide an example of one

ethical dilemmas are usually not choices between right and wrong, but among competing ethical principles geared toward doing good. hired by state that has death penalty and hired to assess whether prisoner is insane or not -capital punishment charge - assess the prisoner and found they are insane- now they can face death penalty If you say they are insane, you are potentially harming them by making them face the death penalty (number one ethic rule is don't harm patient)

Legal Issues in Psychopathology Power of Mental Health Professionals What are some instances where mental health professionals have similar legal powers to the police?

power is to commit-Can determine to detain a patient/ restrict freedom of movement Psychopathology is an illness so mental health professionals can commit them to a hospital. In most provinces and states, the initial committal period is 72 hours. Example- if a patient has told a therapist information and he/she needs to be detained or person suffers from extreme mental illness

What are some environments that psychologists find themselves in?

Clinical Research Teaching

What is statutory law

**The interpretation of constitutional law by each province is their statutory law Each province interprets or constitution differently- what is a violation in one province may not be in another Example -In Ontario, commitment is 72 hours, in other provinces it is 48 hours, 24 hours etc.

History regarding ethics and laws

- Long history in the way thay we have viewed informed consent - Couldn't conduct Milgram experiment today because of changes in ethics - Ethics and laws change - Informed Consent- both legal and ethical and has changed significantly - One event that has changed the history of ethics and law is harm

What are some reasons that may result in civil/involuntary commitment ? What conditions must be satisfied in order for one to be involuntarily committed

- Unwilling or incapable of consent- legally and ethically one must be able to consent to treatment or interactions with a psychologist or health care professional Example- An individual who cannot give coherent answers to questions but has attempted to commit suicide can be committed

Which privileged relationship can almost never be broken

- lawyer-client privilege cannot be broken

What are some reasons that may result in civil/involuntary commitment ? What conditions must be satisfied in order for one to be involuntarily committed

-Be at risk of harming or is a danger to themselves or others Example: If one says I think I am going to commit suicide or kill someone, The next question would be- do you have a plan? If one has thought about it to a significant degree/premeditated he/she can be involuntarily committed

What are the ethical guidelines for using deception in research

-do not deceive participants about research that is expected to cause physical pain or severe emotional distress/harm -do not conduct a study involving deception unless they have determined that the use of deceptive techniques is justified by the study's value and non deceptive procedures are not feasible -explain any deception as early as possible, usually after the experiment has taken place Risk Benefit Ratio

What are some reasons that may result in civil/involuntary commitment ? What conditions must be satisfied in order for one to be involuntarily committed

-the patient must be suffering from a mental disorder or mental illness. Example someone suffering from SZ hearing voices telling them to kill someone

Provide Example of a famous study using deception. What were the ethical implications of this study?

1963 obedience study by Milgram It focused on obedience to authority and required one participant to take on the role of 'teacher' and a confederate to take on the role of 'student.' The teacher would quiz the student and punish the student electric shocks of increasing voltage each time he or she answered incorrectly. Milgram's goal was to study if the participant would obey authority and continue to shock the student despite complaints of pain and distress. The results of the study showed that 65% of study participants obeyed authority and administered a shock despite the student's suffering.

How is the Canadian constitution different from the US constitution

At the top of the American constitution is the right to liberty and freedom However, at the top of the Canadian constitution is persons have right to be taken care of by fellow citizens, by the government etc.

What is one important characteristic of common law

Based on Stare Decisis or \ precedence -judges make certain court decisions based on previous rulings made in the same type of case Common law sets precedence but Common law can change- a new precedent can be set in a court-it is flexible. It adapts to changing circumstances because judges can announce new legal doctrines or change old ones This is a rule that guides judges in making later decisions in similar cases

What is informed consent in research/treatment

Before a study, participants must understand the purpose, the procedures, the potential risks and benefits of their involvement, and their alternatives to participation/participation is voluntary, limits to confidentiality Prospective participants must be legally capable of giving consent, and there must be no deceit or coercion in obtaining it. those who begin to participate as research subjects are free to withdraw at any time without fear of penalty.

Tarasoff and Duty to Warn What was the significance of this case

California court ruling in the case Tarasoff set common law/precedent in circumstances in which a therapist must breach confidentiality and privilege communication

Who are the groups of people who are unable to provide informed consent

Children-the law stipulates children cannot provide consent - age of informed consent is now 12, do not have mental capacity to understand A Guardian, parent, care-giver can provide informed consent for children ​ Mentally disabled/incapacitated-Persons who are unconscious, in a coma, had stroke, persons who have dementia, Guardian, parent, care-giver can provide consent Prisoners/Incarcerated-Cannot consent to anything- the state consents for them - Can you force treatment on a prisoner? Technically you can't but they also have no freedom to consent

What are the two types of commitment

Civil commitment or Involuntary commitment Criminal commitment

What is common law? Where is it derived from ?

Common law based on a judge and jury's interpretation of the constitution- decides whether one has broken the law Based on Stare Decisis or \ precedence -judges make certain court decisions based on previous rulings made in the same type of case Common law sets precedence but Common law can change- a new precedent can be set in a court-it is flexible. It adapts to changing circumstances because judges can announce new legal doctrines or change old ones All provinces and territories within Canada, excluding Quebec, follow the common law Derived from England.

Canadian Legal System What type of legal system is practiced in Canada?

Common law legal system based on British monarchy

Confidentiality and Privileged Communication What is confidentiality

Confidentiality means that information between a patient and a therapist or participant information cannot be shared with anyone

What are the 3 divisions of law in the Canadian system

Constitutional Law Statutory Law Common Law

What is one exception to the constitutional law that you can't kill another person

Constitutional law states you can't kill other people but there is one exception: **If you are an armed forces member -police, army, navy etc. If you are not an armed forces member it automatically becomes a legal issue- was it murder(intent), self defence (someone was going to kill you so you had to defend yourself), manslaughter (did not intend to kill)

What is deception in psychological research?

Deception is the act of misleading or wrongly informing someone about the true nature/purpose of a situation/study/experiment Some believe deception is necessary because it prevents participants from behaving in an unnatural way; it is important that participants behave the way they normally would when not being observed or studied. Examples of deception: Misrepresenting the purpose or procedures of the research Using fake participants Observing research participants when they do not know they are being observed However it must be approved by an ethics commitee

What are some relationships that are privileged

Doctor-patient relationship Spousal privilege Lawyer-client Clergy-worshiper psychologist-patient

What was the law/rule established from the Tarasoff case

Duty to warn requires a clinician who has reasonable grounds to believe that a client may be in imminent danger of harming himself or others to warn the possible victims/targets and inform the authorities Thus, psychologists/Psychiatrists and other health professionals must breach confidentiality and privilege communication

What is the number 1 ethical guideline in clinical psychology

Have a general duty to promote the welfare of human beings and enhance our society as such the CPA and APA say that number 1 ethical guideline is that you do not harm your client- includes both psychological and physical harm. Should you harm your client, there are ethical consequences you face being fired, license taken away, can't practice anymore.

Why is the Canadian constitution often considered vague

Each province is free to interpret constitutional law in whatever way they see fit for that province. Constitution is merely an outline of what the values of the country are.

Compare and contrast legal and ethical

Ethical guidelines are based on human rights and wrongs and moral principles that guide behavior. Not everything that is unethical that is illegal. While legal standards are based strictly on what is written in law- laws are not guidelines and must be followed. Legal standards help people to know what they cannot do. If laws are broken, there is a penalty in the form of monetary (fine) or loss of freedom (imprisonment) Overlap between ethics and laws but there is a key difference- ethics are guidelines, laws are not guidelines laws are frequently rooted in ethics ethics rooted in morals

If a client tells you they have murdered someone. Do you have legal responsibility to tell authorities?

No, you do not. If you inform authorities, the client gets charged with it and that is considered harm to the client. You will lose license. There are number of exceptions to this. If client says they are going to harm someone, do you have legal responsibility to tell authorities? Yes, you have legal responsibility to tell.

What must be considered when conducting an experiment using deception

Risk Benefit Ratio - evaluation of the risk to a research participant relative to the benefit both to the individual and to society of the results of the proposed research

What were the risks and benefits of the Milgram study

Risk- may be psychologically scaring subjects Benefit- Our propensity to follow authority is deeply engrained

Legal Issues in Psychopathology Describe what People in Social Conflict means? When do persons normally find themselves in social conflict

Typical of legal issues Persons who have legal issues/have broken the law are said to be in social conflict i.e. having trouble with someone else, usually not trouble with self -example- homosexuality, drug abuse, suicide not in social conflict it is not against the law